SPECIFICATIONS

F O R

2026 ROAD MILLING AND

PAVING PROJECT

FOR

VILLAGE OF COLD SPRING

PUTNAM COUNTY, NEW YORK

PREPARED BY

JAMES J. HAHN ENGINEERING, P.C.

PUTNAM BUSINESS PARK

1689 ROUTE 22

BREWSTER, NEW YORK 10509

August 2026 i

TABLE OF CONTENTS

SECTION PAGE NO.

A NOTICE TO BIDDERS A-1

B INSTRUCTIONS TO BIDDERS B-1 - B-7

C BID PROPOSAL C-1 - C-8

STATEMENT OF NON-COLLUSION C-9

RESOLUTION C-10

OFFER OF SURETY C-11

BID BOND C-12

HOLD HARMLESS AGREEMENT C-13

INSURANCE C-14 - C-16

SEXUAL HARASSMENT PREVENTION C-17

IRAN DIVESTMENT ACT C-18

DISCLOSURE OF RELATIONSHIPS C-19 - C-20

D AGREEMENT D-1 - D-5

E INTENTIONALLY OMITTED

F INTENTIONALLY OMITTED

G GENERAL RELEASE G-1 - G-2

H PREVAILING WAGE H-1 - H-2

I COMPLIANCE WITH LABOR LAW REQUIREMENTS I-1-I-3

J INSURANCE J-1 - J-4

K INTENTIONALLY OMITTED

L NON-DISCRIMINATION CLAUSE L-1 - L-2

ii

TABLE OF CONTENTS (continued)

SECTION PAGE NO.

M GENERAL CONDITIONS M-1 - M-77

101 DEFINITIONS M-1

102 SUPERINTENDENCE BY CONTRACTOR M-2

103 SUBCONTRACTS M-2

104 OTHER CONTRACTS M-2-M-3

105 RESPONSIBILITIES OF CONTRACTOR M-3

106 FITTING & COORDINATION OF THE WORK M-3

107 MUTUAL RESPONSIBILITY OF CONTRACTOR M-3

108 ASSIGNMENT OR NOVATION M-3-M-4

109 PROGRESS SCHEDULE M-4

110 COMMUNICATIONS M-4-M-5

111 PAYMENTS TO CONTRACTOR M-5-M-7

112 CHANGES IN THE WORK M-7-M-9

113 CLAIMS FOR EXTRA COST M-9-M-10

114 NO OPTIONS PAID M-10

115 TIME & MATERIALS WORK NOTIFICATION M-10

116 TERMINATION; DELAYS & EXTENSIONS; M-10-M-13

LIQUIDATED DAMAGES

117 ENGINEER'S AUTHORITY M-13

118 TECHNICAL SPECIFICATIONS & M-13

CONTRACT DRAWINGS

119 REQUESTS FOR SUPPLEMENTARY INFORMATION M-13-M-14

120 SHOP DRAWINGS M-14-M-15

121 SAMPLES, CERTIFICATES & TESTS M-15-M-17

122 MATERIALS & WORKMANSHIP M-18-M-19

123 PERMITS & CODES M-19-M-20

124 CARE OF WORK M-20-M-21

125 ACCIDENT PREVENTION M-21

126 SANITARY FACILITIES M-21-M-22

127 USE OF PREMISES M-22

128 REMOVAL OF DEBRIS, CLEANING, ETC. M-22

129 LAYOUT OF WORK M-22

130 OMITTED M-22

131 INSPECTION/ACCEPTANCE OF THE WORK M-23

132 FINAL INSPECTION M-23

133 INSURANCE M-23

134 WARRANTY OF TITLE M-24

135 GENERAL GUARANTEE M-24

iii

SECTION PAGE NO.

M GENERAL CONDITIONS (continued)

136 NO ARBITRATION M-24

137 RISK OF LOSS M-24

138 REQUIRED PROVISIONS DEEMED INSERTED M-25

139 CORRECTIONS M-25

140 SAFETY PROVISIONS M-25

141 CONNECTING TO EXISTING WORK M-25

142 EXISTING IMPROVEMENTS M-25-M-26

143 ACCESS TO SITE M-26-M-27

144 ACCESS TO ADJACENT PROPERTIES M-27

145 USE OF ROADWAYS M-27

146 INDEMNITY CLAUSE M-27

147 DISPUTES M-28

148 GENERAL MUNICIPAL LAWS OF N.Y.S. M-28

149 "OR EQUAL" CLAUSE UNLESS M-28-M-29

OTHERWISE SPECIFIED

150 CONSTRUCTION, EXCAVATION AND M-29

DEMOLITION OPERATIONS AT OR

NEAR UNDERGROUND FACILITIES

151 REVIEW BY OWNER M-29

152 DEDUCTIONS FOR UNCORRECTED WORK M-29

153 PATENTS M-29-M-30

154 INFORMATION FROM OWNER M-30

155 EXISTING UTILITIES, STRUCTURES M-30-M-31

AND FIXTURES

156 CONTROL OF EXISTING FLOWS M-31

157 SEWAGE, SURFACE, GROUNDWATER, M-31-M-32

AND FLOOD FLOWS

158 WEATHER CONDITIONS/WORK IN M-32

FREEZING WEATHER

159 MAINTENANCE AND PROTECTION OF M-32-M-33

TRAFFIC

160 HOURS OF WORK M-33

161 WATCHMAN M-34

162 FIELD COPIES M-34

163 EMERGENCY WORK M-34

164 PROTECTION M-34-M-35

165 PAYMENT FOR GENERAL CONDITIONS M-35

166 DAMAGE TO PRIVATE PROPERTY M-35

167 RESTORATION M-35-M-36

iv

SECTION PAGE NO.

M GENERAL CONDITIONS (continued)

168 DRUG AND ALCOHOL TESTING M-36

169 OSHA REGULATIONS M-36-M-77

N SPECIAL CONDITIONS N-1 - N-5

TECHNICAL SPECIFICATIONS

SECTION TITLE PAGE NO.

ACBF ADJUST CATCH BASIN FRAMES ACBF-1 – ACBF-2

AMC ADJUST MANHOLE COVERS AMC-1 – AMC-2

AVB ADJUST VALVE BOX AVB-1

BTC BITUMINOUS TOP COURSE BTC-1 – BTC-3

CB CATCH BASINS CB-1 – CB-5

CSR CONCRETE SIDEWALKS AND RAMPS CSR-1 – CSR-5

MPT MAINTENANCE AND PROTECTION OF TRAFFIC MPT-1 – MPT-2

PM PAVEMENT MARKINGS PM-1

PML PAVEMENT MILLING PML-1 – PML-2

R RESTORATION R-1 – R-5

SCP SAW CUTTING PAVEMENT SCP-1

ATTACHMENTS

“Project Locations Plan”, Prepared by James J. Hahn Engineering, P.C., Dated 7/28/26, Drawing No. C-1.

A-1

SECTION A

NOTICE TO BIDDERS

NOTICE is hereby given that sealed bids for performing the work herein described will be received by the Village of Cold Spring, New York, Board of Trustees, at the Office of the Village Clerk, 85 Main Street, Cold Spring, New York 10516 on August 31, 2026, at 12:00 Noon and immediately thereafter the bids will be publicly opened and read aloud in said office.

The work consists of furnishing all labor, materials and equipment necessary to mill and pave various streets throughout the Village of Cold Spring. Other related work shall include adjusting and repairing drainage structures, as well as preparing, restoring, and cleaning the project area all in accordance with the plans and specifications and as directed by the Engineer and/or Village.

Coordination with the Village’s Highway Department is required and expected throughout the duration of the project.

Bid Documents may be obtained at the above office of the Village Clerk or from the Village website at www.coldspringny.gov on or after August 10, 2026 at 12:00 Noon. If the Village website is used to obtain documents, the Village Clerk must be notified at (845) 265-3611, or vcsclerk@coldspringny.gov, and provided with contact information.

Bids shall be made on the Proposal Forms, furnished with the Bid Documents and must be accompanied by a bid security in the form of a Bid Bond acceptable to the Village or a certified cashier’s check drawn on a solvent bank in the amount of not less than 5% of the total amount of the Bid. Checks shall be made payable to the Village of Cold Spring, New York, and are to be held by the Village as a guarantee for the proper execution and delivery of the Contract and payment and performance bonds in the total amount of the Contract that meet the requirements in the Bid Documents. If the Bidder awarded a contract fails to execute and deliver the Contract and Bonds, the amount of the bid security shall be forfeited to and retained by the Village of Cold Spring as liquidated damages.

Bid Proposals shall be enclosed in a sealed envelope bearing the name and address of the Bidder, addressed to the Village of Cold Spring, 85 Main Street, Cold Spring, New York 10516 and endorsed “2026 Road Milling and Paving Project, Cold Spring, New York.”

The Village of Cold Spring reserves the right to reject any and all Bids, to waive any informality in any Bid, and to award the Contract to other than the lowest Bidder if deemed in the best interest of the Village to do so.

The Bidder assumes the risk of any error or delay in the delivery of its bid by whatever delivery means it chooses (e.g. mail, hand delivery, courier, overnight service or any other means), including the handling of mail by employees of the Village of Cold Spring.

Dated By Order of The Village Board

By Kathleen E. Foley Village Mayor http://www.coldspringny.gov/ mailto:vcsclerk@coldspringny.gov

B-1

SECTION B

INSTRUCTIONS TO BIDDERS

DOCUMENTS

Complete sets of Bid Documents will be issued for bidding purposes as stated in the “Notice to Bidders”. A complete set of Bid Documents consists of the following:

a. A bound copy of the Specifications, which consists of Notice to Bidders (Section A), Instruction to Bidders (Section B), Bid Proposal Sheets and Forms (Section C), Sample Agreement (Section D), Sample Performance and Labor and Material Bonds (Section E), Form of Maintenance Bond (Section F), Form of General Release (Section G), Prevailing Wage Information (Section H), Labor Law Requirements (Section I), Insurance Requirements (Section J), Non-Discrimination Clause (Section L), General Conditions (Section M), Special Conditions (Section N), Technical Specifications, and Appendices (if any)

b. A separate set of Bid Proposal Sheets and Forms

c. Addenda (if any)

d. Contract Drawings

BIDS

To be considered, Bids must be submitted on the Bid Proposal Sheets and Forms included herein, and must be in accordance with these Instructions to Bidders. All bids must be submitted on the prescribed Bid Proposal Sheets and Forms which are included herein, such forms also being bound in the specifications as Section C. All blank spaces for bid prices must be filled in, in both words and figures, either typed or in ink.

The bid prices submitted shall cover all the work called for in the Bid Documents. The price bid shall include, but is not limited to, the cost of all labor, material, transportation, equipment, tools, appliances, royalties, license fees, and other incidental expenses necessary to properly complete the work. Minor details not usually shown or specified, but necessary for proper work and acceptable construction shall be included in the work as if specified or indicated in the Bid Documents.

Bids that contain any omission, erasures, alterations, additions, or items not called for in the Bid Documents, or that contain irregularities of any kind, may constitute sufficient cause for rejection of the bid as non-responsive. In case of any discrepancy in the price or amount bid in the Bid Proposal Sheet, the price, expressed in words, shall govern. All bids must be submitted in sealed opaque envelopes addressed to the Village Board, Village of Cold Spring, Putnam County, New York and be clearly identified with: (1) Project Name, (2) Name of Bidder and Address. Bids shall

B-2 be signed with name typed below signature. The Bidder’s seal, if a corporation shall be affixed under the Bidder’s signature. Telephone, facsimile, telegraphic, or email bids will not be accepted.

If a separate set of Bid Proposal Sheets and Forms is issued, they shall be used with the understanding that all instructions and conditions of the Bid Documents are the same as if these pages were bound herein.

The Bidder assumes the risk of any error or delay in the delivery of its bid by whatever delivery means it chooses (e.g. mail, hand delivery, courier, overnight service or any other means), including the handling of mail by employees of the Village of Cold Spring.

The Village of Cold Spring reserves the right to reject any and all Bids received, to waive any informality in any bid, and to award the Contract to other than the lowest bidder if permitted by law and deemed in the best interest of the Village to do so.

QUALIFICATIONS OF BIDDERS

Each Bidder shall be skilled and regularly engaged in the type of work bid upon. Bidders shall carefully examine the location of the work and make themselves familiar with the Bid Documents before submitting a Bid to ensure no misunderstanding regarding the nature and character of the work to be done. No Bid will be considered from a Bidder who is unable to show that the Bidder has performed work of a similar character to that described in the Bid Documents.

The Village of Cold Spring (also referred to herein as “Owner” and/or as “Village”) may make such investigations as it deems necessary to determine the qualifications of the Bidder to perform the work and the Bidder shall furnish information and data for this purpose as may be requested.

The Owner reserves the right to reject any Bid if the evidence submitted by a Bidder, or the investigation of such Bidder, fails to satisfy the Owner that such Bidder is properly qualified to carry out obligations of the Contract and to complete the work contemplated therein within the time designated. Fraudulent statements shall cause rejections of a Bid as non-responsive and forfeiture of bid security.

The investigation of a Bidder will seek to determine whether the Bidder is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous similar experience and whether the Bidder’s available equipment and financial resources are adequate to assure Owner that the work will be competed in accordance with the terms of the Contract. The amount of other work to which the Bidder is committed may also be considered.

All Bidders shall be prepared to submit within five (5) days of Owner’s or Engineer’s request, written evidence of such information and data necessary to determine if Bidder is qualified to perform the work. Qualifications shall include a minimum of five (5) previous projects involving similar construction work. The Contractor shall have a minimum of five (5) years of work experience with projects of similar size and scope as sought in the Bid Documents. As a minimum, the project reference information requested in the Bid Proposal Sheets and Forms (Section C) shall be provided at the time the Bid is submitted.

B-3

Technical capability and the ability to complete the project within the established time frame will also be part of the evaluation criteria along with any special status the bidder may have such as women-owned business and minority-owned business. Guidance on business classifications can be found in the Federal Acquisition Regulations (FAR) Subpart 19.1.

In evaluating Bids, the Owner will consider the qualifications of only those Bidders whose Bids are in compliance with the prescribed requirements of the Bid Documents.

CONTRACTOR/SUBCONTRACTOR REGISTRY

Pursuant to Section 220-I of Article 8 of the New York State Labor Law, contractors and sub-contractors shall be registered with New York State Department of Labor (NYSDOL) prior to submitting bids or performing construction work on public work pursuant to the requirements therein. Pursuant to Section 220-I Subpart 6, the Bidder shall provide a copy of the Certificate of Registration for contractors and subcontractors performing work on the project as part of the Bid.

Failure to be registered with NYSDOL may result in bid rejection.

Throughout the duration of the project, contractors and sub-contractors shall be required to maintain their registration with NYSDOL and shall not let their registration expire. If at any time during the project, a contractor’s or sub-contractor’s Certificate of Registration expires, is revoked, or otherwise become invalid, the Owner and Engineer shall be promptly notified.

CONDITIONS OF WORK

Bidders shall acquaint themselves fully with the conditions, difficulties and restrictions attending the execution of the work as sought in the Bid Documents. Bidders shall thoroughly examine and be familiar with the Bid Documents and the current condition of the site(s) where the work is to be performed. Bidders must be informed fully of conditions relating to the construction and labor under which work will be performed. Failure to do so will not relieve a successful Bidder of their obligation to furnish all material and labor necessary to carry out the provisions of the awarded Contract and to complete the work for the consideration set forth in their Bid. Bidders’ attention is directed to Paragraph 1 of the Bid Proposal Sheet, in which the Bidder certifies that the Bidder has examined the site. If rock probes or test borings have been made by the Owner, they will be made available to the Bidder for inspection on the same conditions and basis as described in Section 154 of the General Conditions. Bid shall include the complete costs of furnishing all materials, labor and equipment necessary to complete the work in accordance with the Bid Documents and all other expenses incidental thereto. Local and State sales taxes shall not be included in the Bid. Insofar as possible, the Contractor in the carrying out of the work must employ such methods or means as will not cause any interruption of or interference with the work of the Owner or any other contractor of the Owner, or of the proper functioning of the existing facilities of adjacent or contiguous properties.

B-4

ADDENDA AND INTERPRETATION

If any person or entity who contemplates submitting a Bid for the proposed Contract is in doubt as to the meaning of any part of the Bid Documents, they may submit a written request for information and/or an interpretation thereof. Every request for information or interpretation of Bid Documents must be addressed in writing or e-mail to the Village Consulting Engineer, James J. Hahn, P.E., Putnam Business Park, 1689 Route 22, Brewster, New York, 10509 or (wangiolillo@hahn-eng.com) and, to be given any consideration, must be received at least seven (7) days prior to the date fixed for the opening of bids. Any and all interpretations, and any supplemental instructions, will be in the form of written Addenda and will be e-mailed to all prospective Bidders who are known to the Village and/or Engineer and have provided an e-mail address to the Village and/or Engineer. Addenda will also be available from the Village Clerk (vcsclerk@coldspringny.gov).

The failure of any Bidder to receive any such Addenda will not relieve the Bidder of any obligation contained therein under the Bid as submitted by the Bidder. Acknowledgment of Addenda shall be noted on the “Bid Proposal Form”.

Each Bidder is responsible for ensuring its prospective subcontractors are made aware of any Addenda that are issued as well as the effect any such Addenda may have on their work.

Verbal statements of the Village Consulting Engineer or any other Village employee or official will not be binding on the Village and will not be effective or construed as interpreting or altering in any way whatsoever the Bid Documents, any Addenda, or the awarded contract.

BID SECURITY

Each Bidder is required to deposit at the time of submission of their bid, a Bid Bond acceptable to the Owner or certified check drawn on a solvent bank in an amount representing five (5%) percent of the total Bid submitted payable to the Owner. The Bidder agrees the bid security amount is to be forfeited as liquidated damages and not as a penalty if in case the Bidder is awarded the Contract and the Bidder shall thereafter fail to execute a Contract with the Owner under the conditions of this Proposal or to furnish the bonds required for the faithful performance of the Contract. In addition to causing forfeiture of the Bid Security, such failure(s) or neglect will be deemed by the Owner to be abandonment of the awarded contract by the Bidder, and, upon such abandonment, the Owner will have the authority to award the contract to another Bidder or re-advertise for new bids.

Bidders who submit certified checks must accompany them with a Consent of Surety from a recognized Bonding/Surety Company agreeing to supply a Performance Bond and Labor and Materials Bond if the Contract is awarded to the Bidder.

Bid security will be returned to all except the three lowest Bidders within three days after the opening of Bids, and the remaining bid security will be returned to the other Bidders after the Owner and the accepted Bidder have executed the Contract Documents. In the event no Contract has been so executed within forty-five (45) calendar days after the date of the opening of bids, upon the demand of a Bidder, so long as the Bidder has not been notified of the acceptance of their mailto:wangiolillo@hahn-eng.com mailto:wangiolillo@hahn-eng.com mailto:vcsclerk@coldspringny.gov

B-5

Bid, their bid security will be returned. The bid security of the successful Bidder will be retained until the signing of Agreement, and the filing and approval of the bonds and insurances required by the Bid Documents.

INSURANCE REQUIRED

The successful Bidder will be required to procure and pay for the following types of insurance, in accordance with the provisions listed in Section J:

a. Worker’s Compensation

b. Public Liability

c. Owner’s & Contractor’s Protective

Liability Property Damage

d. Property Damage

e. Automobile (Each Vehicle)

Public Liability Property Damage

f. Unemployment Insurance

The Subcontractors at a minimum must have the same insurance coverage as required by the Contractor or be listed on the Contractors policy.

SECURITY FOR FAITHFUL PERFORMANCE AND LABOR AND MATERIAL

A Performance Bond, a Labor and Material Payment Bond, and a two-year Maintenance Bond are not required for this project. In place of bonds, a 5% retainage will be held for one (1) year from substantial completion f the project.

The successful Bidder shall, prior to execution of the Contract and within fourteen (14) calendar days after the Notice of Intent to Award is issued, proof of insurance as required by the Bid Documents.

At the time of final payment, the Contractor shall provide a letter of guarantee, guaranteeing against defective materials and workmanship in an amount equal to one hundred (100%) percent of the contract amount for one (1) year from substantial completion and shall submit the completed General Release form (Section G) stating that all obligations incurred by the Contractor in carrying out the Contract have been satisfied including wage and costs of subcontractors, equipment and materials.

FORM OF AGREEMENT

The form of agreement is included in the Bid Documents in Section D. This form is for general

B-6 information only and will be finalized pursuant to the Bid and other specific contract details such as Addendums, Drawings, payment schedules, etc., prior to signing.

AWARD

The Contract will be awarded to the lowest responsible bidder pursuant to the provisions of the General Municipal Law. The Village Board reserves the right to determine responsibility based on an evaluation of the Contractor’s qualifications, experience, organization, finances, past performances, and other applicable factors. The Village Board further reserves the right to reject any or all bids.

This project includes four (4) alternates. The low responsible bidder will be based on either the base bid or the base bid with any combination of alternates as determined by the Village.

OWNER

The Village of Cold Spring, Putnam County, New York.

SALES TAX EXEMPTION

Under Chapter 513 of the Laws of New York 1974, all materials and supplies sold to a Contractor and which are to become an integral, component part of a structure, building or real property owned by an exempt organization such as the Village, are exempt from the payment of New York State Sales or compensatory use taxes. Therefore, the Contractor should not include any amount in its bid price to cover sales taxes for the above items.

The exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by a Contractor and its subcontractors, or to supplies or materials not incorporated into the Project. The Bidder awarded a Contract 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, or such supplies or materials not incorporated into the project.

REQUIRED SUBMISSIONS

Following the bid opening, the apparent low bidder shall submit to the Engineer within seven (7) days a preliminary schedule, financial information and experience information.

Prior to award, a successful Bidder will be required to meet the following requirements:

a. The successful bidder, if his business is not registered in New York State, must provide the

Village with a certificate issued by the Secretary of State of New York stating that the Corporation is authorized to do business within the State and is presently in good standing.

B-7

If the entity to whom the bid is awarded is not a corporation, it would be required that the entity’s certificate of doing business, which should be on file in the County Clerk’s Office, be provided. (This would also hold true in the case of joint ventures which would be required to disclose the underlying entities which make up the joint venture and the supplying of the requisite certificate of doing business of each such entity.)

b. A statement by the successful bidder that no officer, director or stockholder (if less than 10 stockholders) of the successful bidder is an officer or employee of the Village or is a relative of any such Village officer or employee. If such officer, director or stockholder does exist, their names and relationship should be disclosed to the Village.

c. A completed W-9 form shall be provided to the Village. A copy of the W-9 form is available at irs.gov.

APPROVALS

There will not be any approvals given for any “or equals” materials, equipment or systems prior to the award of the contract.

C-1

SECTION C

BID PROPOSAL

2026 ROAD MILLING AND

PAVING PROJECT

PUTNAM COUNTY, NEW YORK

To the Owner: Bid Submitted By:

Village Board Village of Cold Spring 85 Main Street (Name) Cold Spring, New York 10516

(Address)

(Telephone Number)

(Email)

1. I/We do hereby declare that I/We have carefully examined the Bid Documents relating to the above-entitled matter and the work.

2. I/We do hereby declare that I/We have examined the work site and satisfied myself/ourselves with regard to the nature and location of the work, and the conditions to be encountered during the performance of the work.

3. I/We do hereby offer and agree to furnish all materials, to fully and faithfully construct, perform and execute all work in the above titled matter in accordance with the Bid Documents relating thereto, and to furnish all labor, tools, implements, models, forms, transportations, and materials necessary and proper for the purpose for the price(s) as given on the Bid Proposal Sheets and Forms.

4. I/We do hereby declare that the price(s) so stated cover all expenses of every kind incidental to the completion of said work, and the contract, therefore including all claims that may arise through damages or any other cause whatsoever.

C-2

5. I/We do hereby agree that I/We will execute a contract therefore, containing all the terms, conditions, provisions and covenants necessary to complete the work according to the Bid Documents therefore within 10 business days after the award of the contract and if I/We fail to execute said contract within said period of time, that the Village Board shall have the power to rescind said award. The Contract execution by the Owner will serve as the official notification to commence work.

6. I/We do also declare and agree I/We will commence the work within five days after the Contract execution by the Owner and will complete the work fully and in every respect on or before the time specified in said contract and do authorize the said Board, in case of failure to complete the work within such specified time to employ such men, equipment and materials as may be necessary for the proper completion of said work and to deduct the cost thereof from the amount due under the contract.

7. I/We agree that the Owner reserves the right to select any one, combination of, or all the Bid items in this Bid Proposal for the Bidder to complete without affecting any of the Bid prices.

8. I/We hereby affirm that 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 the penalty of perjury, that to the best of knowledge and belief:

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

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

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

d. No member of the Village Board or any officer or employee of the Village of Cold Spring, New York, or person whose salary is payable in whole or in part from the said Village’s funds is, shall be or become interested, directly, as a contracting party, partner, stockholder, surety or otherwise, in this bid, or in the performance of the contract, or in the supplies, materials, equipment, work or labor to which it relates, or in any portion of the profits thereof.

9. I/We hereby further agree that this Bid Proposal is a firm bid and shall remain in effect for a period of at least forty-five (45) calendar days from the date of the opening of bids, and

C-3 this period may be extended by mutual agreement.

10. I/We do hereby declare that, if this is a corporate bid, I have been duly authorized to act as the signatory on this Bid Proposal on behalf of this corporation.

11. I/We hereby affirm that I/We will adhere to the requirements of the “Non-Discrimination Clause”.

12. I/We hereby affirm, under penalty of perjury, the truth of all statements in this Bid Proposal.

13. I/We hereby agree that I/We accept the unit prices and/or lump sums on the following pages, for the various items of work.

14. I/We hereby agree that I/We shall make no claim on account of any variation of the approximate estimate in the quantities of work to be done, whether the actual quantities are greater, smaller or completely deleted. A change in the quantity of any item shall not be regarded as sufficient ground for a change in the price of that item.

15. I/We hereby agree that I/We will comply with all federal, state, and local municipal laws, ordinances and regulations which may in any way apply to the work site and/or the work to be performed when performing work, directly or indirectly, pursuant to the Bid Documents.

Date:

(Legal Name of Bidder)

By:

(Authorized Signature)

Corporate Seal (if incorporated)

C-4

Bidder acknowledges receipt of Addenda as follows (attach additional sheets, if needed):

Signature

The following is a list of places where we have performed work of similar character and magnitude, together with references (attach additional sheets, if needed):

Project Name & Location Approximate Cost References & Telephone #

The full names and places of residence of all persons and parties interested as principals in the foregoing Bid Proposal are as follows (attach additional sheets, if needed):

(PRINT NAME) (ADDRESS)

(PRINT NAME) (ADDRESS)

Signature of Bidder:

Federal EIN:

Business Address:

Place of Residence:

Bidder to Include a Copy of their NYSDOL Certificate of Registration

2026 ROAD MILLING AND PAVING PROJECT

VILLAGE OF COLD SPRING, NY

C-5

Name of Bidder Email:

Address Telephone:

City, State Zip Fax:

Note: The Lump Sum and Unit Price amount is to be written in both words and numbers. In case of discrepancy, the amount shown in words shall govern. The price shall be in dollars and cents. The Lump Sum amount shall include all labor, materials, equipment, services, etc. required to complete the work in accordance with the Plans, Specifications and all other Contract Documents within the specified completion date

No. BID ITEM UNIT

EST.

QUANT. UNIT PRICE UNIT PRICE TOTAL PRICE

(IN NUMBERS) (IN WORDS)

BASE BID: ROCK ST, MAIN ST, CHESTNUT ST ENDS, FAIR ST PATCH, KEMBLE AVE SHOULDER

ACBF Adjust Catch Basin Frames EA 1

AMC Adjust Manhole Covers EA 3

AVB Adjust Valve Boxes EA 1

BTC Bituminous Top Course (2”) TON 575

CSR

Concrete Sidewalks and Ramps (5”) SF 30

MPT

Maintenance and Protection of Traffic NP NP NP NON-PAYMENT NON-PAYMENT

PM

Pavement Markings (4” Lines) LF 1675

PM

Pavement Markings (Symbols & Letters) EA 4

VILLAGE OF COLD SPRING, NY

C-6

No. BID ITEM UNIT

EST.

QUANT. UNIT PRICE UNIT PRICE TOTAL PRICE

(IN NUMBERS) (IN WORDS)

PML Pavement Milling (2”) SY 5175

R Restoration NP NP NP NON-PAYMENT NON-PAYMENT

SCP Saw Cutting Pavement NP NP NP NON-PAYMENT NON-PAYMENT

TOTAL BASE BID (in words and figures)

ALTERNATE 1: FISHKILL AVE

ACBF Adjust Catch Basin Frames EA 2

AMC Adjust Manhole Covers EA 2

AVB Adjust Valve Boxes EA 2

BTC Bituminous Top Course (2”) TON 150

CSR

Concrete Sidewalks and Ramps (5”) SF 75

PM

Pavement Markings (4” Lines) LF 375

PM

Pavement Markings (Symbols & Letters) EA 4

PML Pavement Milling (2”) SY 1350

TOTAL ALTERANTE 1 BID (in words and figures)

VILLAGE OF COLD SPRING, NY

C-7

No. BID ITEM UNIT

EST.

QUANT. UNIT PRICE UNIT PRICE TOTAL PRICE

(IN NUMBERS) (IN WORDS)

ALTERNATE 2: HIGHWAY GARAGE PATCHES, POLICE GARAGE DRIVEWAY, FIREHOUSE DRIVEWAY

AVB Adjust Valve Boxes EA 2

BTC Bituminous Top Course (2”) TON 175

PML Pavement Milling (2”) SY 1575

TOTAL ALTERNATE 2 BID (in words and figures)

ALTERNATE 3: CHESTNUT STREET

ACBF Adjust Catch Basin Frames EA 2

AMC Adjust Manhole Covers EA 3

AVB Adjust Valve Boxes EA 2

BTC Bituminous Top Course (2”) TON 345

PML Pavement Milling (2”) SY 3105

TOTAL ALTERNATE 3 BID (in words and figures)

ALTERNATE 4: CATCH BASIN REPAIR (MAIN STREET AND CHESTNUT STREET)

CB Catch Basins (Repair) EA 2

TOTAL ALTERNATE 4 BID (in words and figures)

VILLAGE OF COLD SPRING, NY

C-8

The total bid shall be the sum of the extensions (unit price multiplied by estimated quantity, for each item). The estimated quantities are stated here only as a convenience for comparison of bids. If there are any errors in addition or multiplication, the unit prices for each item shall govern, and the bid comparison will be made on the basis of correct arithmetic applied to these unit prices. In case of a discrepancy between the unit price in words and the unit price in numbers, the unit prices in words shall govern.

The estimated quantities are not guaranteed and are only for bid comparison purposes and final payment will be made for actual quantities regardless of the estimated quantities contained herein. The contractor is further advised that the estimated quantities shown in the Bid Sheets may be reduced or deleted in order to ensure that this Contract can be completed within the budget established for this work. In the event that certain work is deleted or reduced, the Unit Price Bid shall remain in effect for this work.

C-9

STATEMENT OF NON-COLLUSION

(To be Completed by Each Bidder)

In accordance with Section 103-d General Municipal Law, every bid or proposal made to a political subdivision of the State or any public department, agency or official thereof or to a fire district or any agency or official thereof , where competitive bidding is required by statute, rule, regulation or local law for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed to by the Bidder and affirmed by such Bidder as true under the penalties of perjury..

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

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

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

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

b. The person signing this bid or proposal certifies that the person has fully informed themselves regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder, as well as the person signing on its behalf.

c. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signature of this bid or proposal in behalf of the corporate bidder.

DATED _________________ ____________________________________

Legal Name of Person, Firm or Corporation

BY ____________________________________

Signature

Name & Title of Signer

C-10

RESOLUTION

Resolved that (Name of Authorized Individual) be authorized to sign and submit the bid or proposal of ___________________________________ (Name of Corporation) for the following project:

(Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by NY General Municipal Law Section 103-d as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by

(Name of Corporation) at a meeting of the Board of Directors held on the day of , 20 .

(SEAL OF THE CORPORATION)

(CORPORATE SECRETARY)

C-11

OFFER OF SURETY

(To be completed by each Bidder)

In the event this Bid Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as a surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety:

SURETY COMPANY

Signed (Bidder)

CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company with proof of such authority and/or agency provided.

In the event that the Bid Proposal is accepted and the contract for the work is awarded to said

___________________________________, the

(Bidder’s Name) (Surety Company) will execute payment and performance bonds for 100% of the total Bid (sum of estimated quantities times their respective unit prices).

Signed:

Authorized Official, Agent or Attorney of Surety

AlA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA ® FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OR ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON. D. C. 20006

C-12

AlA Document A310

Bid Bond

KNOW ALL MEN BY THESE PRESENTS: that

(as Principal, hereinafter called Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter call the Surety, are held and firmly bound unto as Obligee, hereinafter called Obligee, in the sum of

Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amounts for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this day of 20

(Principal) (Seal)

(Witness) (Title)

(Surety) (Seal)

(Witness)

C-13

HOLD HARMLESS AGREEMENT

If awarded a contract, to the maximum extent permitted by law, the Bidder (and all of the Bidder’s subcontractors) shall, during the performance of the work, take all necessary precautions and place proper safeguards for the prevention of accident and shall indemnify and save harmless the Village of Cold Spring, employees of James J. Hahn Engineering, P.C., Village representatives, members of the Village’s Board of Trustees, and Village employees, officers and agents from all claims, suits and actions and all damages and costs to which they may put by reason of death or injury to any persons or property resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work or in guarding and protecting the same or from any improper methods, materials implements or appliances used in its performance or construction or by or on account of any direct or indirect act or omission of passive or concurrent negligent act or omission of the Bidder, its officers, directors, employees, subcontractors, materialmen and employees may have directly or indirectly caused or contributed thereto.

BIDDER/CONTRACTOR (Company Name)

ADDRESS

(Signature)

(Print Name)

(Dated)

NOTARY:

Subscribed and sworn to before me this ______ day of , 20__

Notary Public

C-14

INSURANCE

If awarded a contract, the Bidder shall furnish proofs of insurance, together with additional insured endorsements, prior to commencing work evidencing:

a. Worker’s Compensation and Employer’s Liability Policy: Covering operations in New

York State. Statutory Workers’ Compensation, Employer’s Liability and N.Y.S. Disability Benefits Insurance for all employees. Where applicable, U.S. Longshore and Harborworkers Compensation Act Endorsement shall be attached to the policy. Where applicable, the Maritime Coverage Endorsement shall be attached to the policy. Workers’ Compensation must include a waiver of subrogation. This policy shall not exclude third party action over (a/k/a: labor law) claims. Coverage shall not exclude injuries in confined spaces. Coverage must specifically include all New York State work places. Proof must be on the form created by the Workers Compensation Board. An ACORD certificate alone will not be adequate proof.

b. Comprehensive General Liability Policy: With limits of no less than $1,000,000/

$2,000,000 Bodily Injury and Property Damage, and including coverage for:

A. Products/Completed Operations.

B. Independent Contractors.

C. Explosive, collapse and underground losses (X.C.U.).

D. Contractual Liability (covering Hold Harmless attached).

E. Broad from Property damage liability (including completed operations).

F. Personal Injury including hazards i, ii, iii.

G. Village of Cold Spring and James J. Hahn Engineering, P.C. and their respective agents, officers, directors and employees shall be named as an “Additional Insureds” and provided a waiver of subrogation endorsement on the policy and the Certificate of Insurance shall show this as to the liability coverage on the certificate.

H. The Contractor’s insurance policy is primary and non-contributory to any insurance the Village of Cold Spring may maintain.

I. This policy shall not exclude third party action over (a/k/a: labor law) claims.

J. Coverage must be on a $1,000,000 each occurrence per location or per project basis.

K. Coverage shall not exclude injuries in confined spaces.

c. 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 vehicle. Village of Cold Spring and James J. Hahn Engineering, P.C. and their respective agents, officers, directors and employees shall be included as additional insureds on the auto policy. Also needs to include waiver of subrogation.

d. Umbrella/Excess Liability: With limits no less than $5,000,000 each occurrence on a follow form basis (or provide broader coverage over the General Liability and Auto Liability policies). This policy must provide the Village of Cold Spring and James J. Hahn Engineering, P.C. and their respective agents, officers, directors and employees shall be included as additional insureds on this umbrella/excess liability insurance and include a waiver of subrogation endorsement on their behalf. The Contractor’s insurance policy is

C-15 primary and non-contributory to any insurance the Village may maintain. This policy shall not exclude third party action over (a/k/a: labor law) claims.

e. Owner’s Protective Liability Policy: With limits no less than $1,000,000 shall be taken out and maintained during the life of the Contract which will protect the Owner from claims for damages for personal injury, liability, accidental or wrongful death, as well as property damage which may arise from operations under the Contract whether such operations be by the Contractor or by any subcontractor of the Contractor or by anyone directly or indirectly employed by either party.

f. Property Insurance: The Contractor shall cover materials being installed onsite, in transit, and/or at any other location.

g. Contractor’s Equipment: The Contractor shall insure all equipment, tools, portable enclosures, and vehicles owned, leased or used by them and shall evidence coverage with a Certificate of Insurance. The Contractor shall hold the Owner harmless for any loss or damage to such equipment, tools, etc.

h. Insurance Covering Special Hazards: THIS SECTION INTENTIONALLY OMITTED.

i. All Policies and Certificate of Insurance of the Contractor shall contain the following clauses:

A. Insurers shall have no right to recovery or subrogation against the Owner, Architect/Engineer and Construction Manager (including their respective employees and agents), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

j. Certificates shall provide that thirty (30) days’ written notice, by registered mail with return receipt requested, prior to cancellation or expiration be given to the Owner. Policies that lapse and/or expire during term of work shall be re-certified and received by the Owner no less than thirty (30) days prior to expiration or cancellation.

The Bidder awarded a Contract shall furnish to the Owner Certificates of Insurance for a, b, c, d, e, f, g, and h, and comply with i and j above, as evidence of coverage prior to signing of a contract.

The cost of furnishing the above insurance(s) shall be borne by the Contractor, there will be no direct payment for this cost. Cost will be deemed to have been included in the price(s) bid for all scheduled items. The Bidder shall require all subcontractors to provide this same insurance coverage.

C-16

By signing below, if awarded a contract, the Bidder agrees to comply with the requirements set forth above as well as the requirements set forth in Section J of the bound Bid Documents, as modified if at all by any Addenda.

Signature Date

Print Name and Title

C-17

SEXUAL HARASSMENT PREVENTION WRITTEN POLICY & TRAINING

CERTIFICATION

I, _______________________________________, being duly sworn, deposes and says that I am (Name of Individual Signing this Certification) the _____________________________ of the ________________________________________ (Title/Position of Signer) (Name of Bidder) and that by submission of this Bid, the below named Bidder and each person signing on behalf of such Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy, at a minimum, meets the requirements of Section 201-g of the New York State Labor Law.

Print Bidder Name

By: ___________________________ Signature

Name & Title of Signer Sworn to before me this

_____ day of ____________, 20___

C-18

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

Each bidder/proposer, any person signing on behalf of any bidder/proposer and any assignee or subcontractor and, in the case of a joint bid/proposer, each party thereto, certifies, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer and any subcontractor or assignee is not identified on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the New York State Finance Law (the “Prohibited Entities List”).

During the term of any contract awarded pursuant to this bid, should the Village of Cold Spring (the “Village”) receive information that a bidder/proposer 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, seeking compliance, recovering damages or declaring the bidder/proposer in default.

The Village reserves the right to reject any bid or proposal from a bidder/proposer that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any bidder/proposer that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, _____________________________________, being duly sworn, deposes and says that he/she (Name of Individual Signing this Certification) is the ______________________ of the ________________________________ and that neither (Title/Position of Signer) (Name of bidder/proposer) the bidder/proposer nor any proposed subcontractor is identified on the Prohibited Entities List.

Print Bidder Name

By: ___________________________

Name & Title of Signer Sworn to before me this

_____ day of ____________, 20___

C-19

DISCLOSURE OF RELATIONSHIPS

Related Employees:

Are any of the employees that you will use to carry out the proposed contract with the Village of Cold Spring also an officer or employee of the Village, or the spouse, or the child or dependent of such Village officer or employee?

Yes _____ No _____

If yes, please provide details: ______________________________________________________

Related Owners:

If you are the owner of the Bidder, are you or your spouse, an officer or employee of the Village?

Yes _____ No _____

If yes, please provide details: ______________________________________________________

Interest:

To answer the following question, the following definition of the word “interest” shall be used:

Interest means a direct or indirect pecuniary or material benefit accruing to a Village officer or employee, his or her spouse, child or dependent, whether as the result of a contract with the Village or otherwise.