Bid Notice.pdf

PROJECT MANUAL / SPECIFICATIONS

FOR:

SCARSDALE FACILITIES MAINTENANCE

BUILDING ROOF REPLACEMENT

CONTRACT VM # 1349

September 4, 2026

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 1

VILLAGE OF SCARSDALE

WESTCHESTER COUNTY, NEW YORK

Contract VM # 1349

Scarsdale Facilities Maintenance Building

Roof Replacement

Bid Opening: Tuesday, September 29, 2026, 2:00 PM E.S.T.

ATTN: Dawn Donovan, Village Treasurer

Bid Submission Treasurer’s Department

First Floor, Village Hall

1001 Post Road, Scarsdale, New York 10583

Bid Opening Location Village Hall, Second Floor, Trustees Room

Pre-Bid Meeting: Tuesday, September 15, 2026, 2:00 p.m., at the project site

Scarsdale Central Garage Complex, 25 Ramsey Road, Scarsdale, N.Y.

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 2

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Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 3

Village of Scarsdale

Westchester County, New York

Notice to Bidders

Scarsdale Facilities Maintenance Building

Roof Replacement

Contract VM# 1349

Sealed proposals will be received by the Board of Trustees of the Village of Scarsdale, through its agent

Dawn Donovan, Village Treasurer, in the Village Hall, Scarsdale, New York, until 2:00P.M., Tuesday, September 29, 2026, for the Scarsdale Facilities Maintenance Building Roof Replacement Project. At the above time and place bids will be publicly opened and read.

Bidders may obtain copies of the Information for Bidders, Form of Proposal, Plans and Specifications at the Department of Public Works, located on the second floor in the Scarsdale Village Hall. For additional information or to obtain copies of the contract documents, prospective bidders may call

Mr. Paul Zaicek., Director of Capital Projects at (914) 722-1153 or contact via email at

PZaicek@Scarsdale.gov.

Each bidder shall deposit with their bid a certified check, bid bond or cash in the amount not less than

5% of the total bid. Should the successful bidder fail to execute the form of contract within ten days after notice of award, bid check, cash or bond will be forfeited to the Village of Scarsdale as liquidated damages. The bid deposit or bid bond of the successful bidder will be held until the contract has been executed and all required insurance and bonds are submitted and accepted by the

Village. Bid deposits or bid bonds of the unsuccessful bidders will be held until the successful bidder has executed the contract or all bids rejected.

A Prebid meeting is scheduled for Tuesday, September 15, 2026, at 2:00 p.m. at the project site, Scarsdale

Central Garage Complex, 25 Ramsey Road, Scarsdale, N.Y.

For information call the Department of Public Works at (914) 722-1153.

The Village of Scarsdale reserves the right to reject any or all proposals, or to waive any informality in the proposal, as deemed advisable in the interest of the Village.

Alexandra Marshall

Village Manager

Publish: September 4, 2026 mailto:PZaicek@Scarsdale.gov

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 4

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 5

GENERAL INFORMATION TO BIDDERS

SCARSDALE FACILITIES MAINTENANCE BUILDING

ROOF REPLACEMENT

GENERAL:

Separate sealed proposals for the Scarsdale Facilities Maintenance Building Roof Replacement Project will be received by the Village of Scarsdale located at 1001 Post Road, Scarsdale, NY 10583 until 2:00 PM on

Tuesday, September 29, 2026 at which time and place the proposals will be publicly opened and read.

SCOPE OF WORK:

Roof Replacement of the Scarsdale Facilities Maintenance Building as stipulated on Bid Documents prepared by Fuller and D’Angelo, P.C., dated September 4, 2026.

DEFINITIONS OF TERMS:

A. The words “Village” & “Town” & “Owner” shall mean the Village of Scarsdale.

B. The “Board” & “Board of Trustees” shall mean the legislative body of the Village of Scarsdale which is responsible for rejecting or awarding competitive bids.

C. “Articles of Agreement” & “contract” (whether capitalized or not) & “Form of Contract” & “Form of

Agreement” shall mean the resulting contract awarded to and entered into with the successful bidder by the Village

D. “Contractor” shall mean the successful bidder to whom the contract is entered into with and is used interchangeably in these General Information to Bidders as the “successful bidder.”

E. The term "Subcontractor" means a person, firm or corporation supplying labor for work at the site of the project for and under separate contract or agreement with the Contractor.

F. The term "Project Area" means the area shown on the drawing in the immediate vicinity of the work, unless otherwise defined in the Special Conditions.

G. The term "Engineer" means the Engineer of the Project, or such of his subordinates or assistants as have Project Engineer status: or if a Consulting Engineer is employed to perform construction management and inspection, then this term shall apply to said Consulting Engineer and those subordinates and assistants that have Project Engineer status. A list of authorized Project

Engineers will be furnished to the Contractor on request.

H. The term Village means the Village of Scarsdale within which the Project Area is situated.

I. The term "Contract Documents" means and shall include the Agreement and these specifications.

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 6

J. The term "Drawings" or "Contract Drawings" means the drawings included with this

Specification.

K. The term "Technical Specifications" or "Supplemental Technical Specifications" means that part of the Contract Documents which describes, outlines, and stipulates, the quality of materials to be furnished; the quality of workmanship required; measurement and payment.

L. The term "Addendum" or "Addenda" means any changes, revisions or clarifications of the

Contract Documents which have been duly issued by the Owner to prospective Bidders prior to the time of receiving Bids.

BID COMPLIANCE:

All proposals shall be submitted in an opaque, sealed envelope clearly labeled with the name of the bidder containing the identifying words “Bid Proposal – Scarsdale Facilities Maintenance Building Roof

Replacement Project”. All bids shall be addressed and submitted to the Village of Scarsdale on or before the date and time indicated in the Notice to Bidders. Bids submitted in unmarked envelopes will not be accepted.

All bids shall be addressed and submitted to the Village of Scarsdale Treasurer’s office no later than 2:00 PM, E.S.T., Tuesday, September 29, 2026. Bids shall be enclosed in a SEALED ENVELOPE addressed as follows:

Name of Bidder:

Bid for: Contract No. VM # 1349 – Scarsdale Facilities

Maintenance Building Roof Replacement Project

Attention: Dawn Donovan, Village Treasurer

Bidders are solely responsible for the successful delivery and receipt of their proposal. Please leave ample time for submission. Late bids, no matter what the cause of their lateness, will NOT be accepted. Electronic or faxed bids will NOT be accepted.

Each bid submitted must be written or typed on the attached “Form of Bid”. Failure to do so will cause grounds for disqualification. All blank spaces must be filled in with unit costs expressed in both words and figures.

Contractors submitting bids shall be required to bid on all of the work called for on the Form of Bid. It is implied that all unit prices shall include labor, materials, equipment, mobilization, and overhead costs. In case of difference between the stipulated amount of the bid written in words, and the stipulated amount written in figures, the stipulated amount stated in words shall govern. In addition, bidders must include on the bid form an anticipated timeline in which they can complete the work, weather and temperature permitting.

A complete bid submission will include the following documents:

1. Completed and signed Bid Proposal Form(s);

2. Bid Security (certified check, bid bond or cash in the amount not less than 5% of the total bid);

3. Qualifications Questionnaire;

4. Business Reference Sheet;

5. Equipment Listing Sheet;

6. Prequalification Form Affirmation;

7. Non-Collusion Certification;

8. Statement of Iran Divestment;

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9. Statement of Sexual Harassment ;

10. Conflict of Interest Statement; and

11. Contractor Registry Certification per NYS Labor Law § 220-i (Certificate issued by NYSDOL must be affixed – include subcontractors if known).

Bidders shall not include in the bid any sales and compensating use taxes of the State of New York or of any municipality or County in the State of New York for any materials which are to be incorporated in the work.

The Village has a tax exemption number and forms which will be made available to the successful bidder.

The Village shall not be liable or responsible in any way for any expenses or costs incurred in the preparation or submission of a bid in response to this solicitation.

No bid will be accepted unless the bidder submits a copy of its Certificate of Registration with the New York

State Department of Labor (NYSDOL) pursuant to NY Labor Law 220-i. Bidders must also submit the certificates of any subcontractors they will utilize on the project prior to such subcontractors commencing work on the project. The prime contractor shall be responsible for ensuring that any and all subcontractors are properly registered with the NYS DOL prior to commencing work. Applications for registration shall not be acceptable. Contractors and subcontractors may be subject to civil penalties if it bids on or commences work without being registered with the NYSDOL.

EXTENSION OF BID TO OTHER POLITICAL SUBDIVISIONS:

Each bidder agrees that by submitting a successful bid, any political subdivision to any other governmental entities will be permitted to participate in the awarded contract(s) per the same terms and conditions set forth in the contract; where authorized under law provided, however, that any political subdivision choosing to utilize the contract will be wholly responsible for any debts incurred by them as part of the contract. All orders will be placed by the participating political subdivision and the successful bidder. Each participating political subdivision shall be billed by and make payment directly to the successful bidder.

The sole responsibility in regard to the performance of the bid, or any obligation, covenant, condition or term thereunder by the successful bidder and the participating political subdivision will be borne by and is expressly assumed by the successful bidder and not the Village of Scarsdale. In the event of failure, or breach in performance of any such bid by the participating political subdivision or the successful bidder, the Village of

Scarsdale, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and terms and conditions of this bid.

BID SECURITY AND BOND:

Each bidder shall, at the time of filing a bid, deliver therewith cash, bid bond, or certified check of the bidder in an amount not less than 5% of the total bid price for the proposal. Bid deposits or bid bonds of the unsuccessful bidder will be held until the successful bidder has executed the contract or all bids rejected. The successful bidder shall execute and deliver to the Village of Scarsdale a written contract in the form attached hereto within ten (10) calendar days after a notice of award has been transmitted to such bidder.

The successful bidder, at their own cost and expense, shall furnish, at the time of delivering said contract, a bond in full amount of the contract price with a surety company approved by the Village of Scarsdale, as surety and conditioned upon the faithful performance of the work in accordance with the contract and as security for the payment of labor and materials furnished. The said contract and bond shall be accompanied by proof of carriage by the successful bidder of workman's compensation, public liability, property damage insurance, and by a liability insurance policy covering the Village of Scarsdale, all in the form and amounts specified herein.

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If the bidder to whom the contract is awarded shall fail to sign and execute said contract and bond and furnish the required insurance, then the aforesaid cash bond or certified check shall be considered as liquidated damages and shall be forfeited to the Village of Scarsdale.

WITHDRAWAL OR MODIFICATION OF BIDS:

No bid will be allowed to be withdrawn for any reason whatever after it has been deposited with the Village until after a period of forty-five (45) calendar days have lapsed since bid opening. Once the bids are opened, all contract prices shall remain in effect for the duration of the contract.

A bidder may, after submitting a bid, modify or amend its bid by submitting an amended bid, clearly labeled

“Amended.” Proposals may be amended or withdrawn by an appropriate document duly executed (in the manner that an original Bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of the bids. No amendments or modifications to bids will be accepted after the bid submission deadline. No bid may be amended or withdrawn within two (2) days of the submission deadline.

Any communications concerning the withdrawal or modification of a bid shall not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the opening of bid time, no consideration will be given to the modification.

COMPARISON OF BIDS & APPROXIMATE QUANTITIES:

The approximate quantities set forth will be used, not for final estimate, but as a basis for comparison for bids when considered in connection with the prices bid for the various items.

The schedule of quantities listed herein summarizes the approximate quantities of work to be done. The Village does not, by expression or implication, agree that the actual amount of work will correspond with the approximate quantities given herein, but reserves the right to increase or decrease the amount of any item or items as may be deemed advisable in the best interest of the Village.

ACCEPTANCE OR REJECTION:

In accordance with General Municipal Law § 103, this solicitation is for competitive bids and the resulting contract shall be awarded to the lowest responsible bidder which submits a responsive bid.

Bids which fail to comply with the requirements of this solicitation will NOT be accepted. Notwithstanding, the

Board of Trustees of the Village of Scarsdale reserves the right to waive what it deems to be informalities relating to a specific bid, to waive what it deems to be technical defects, irregularities and omissions relating to a specific bid, to reject any or all bids, to request additional information from any bidder, to re-advertise for new bid, or to accept in whole or part of any bid which, in the opinion of the Village, is in the best interests of the Village of

Scarsdale. The Board may reject a bid in which any unit bid price appears, in its judgment, to be unrealistic or out of balance with known costs or other unit prices in the bid.

The Board may, after reasonable prior notice and an opportunity to be heard, reject any bid where there is substantial evidence that the bidder has performed previous Village work in willful contravention of the terms and conditions of the specifications and contract, has delayed such work unnecessarily, and who has by neglect or indifference performed work so as to cause numerous complaints from and annoyance to property owners within the vicinity of such work.

All unit prices and alternate prices shall remain valid for the contract period and the Village of Scarsdale may elect to accept or reject any item. Bids will not be accepted from firms which are debarred from bidding on public contracts, pleaded guilty to or, otherwise, been convicted of bid rigging or related criminal charges. Nor will bids

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 9 be accepted from firms which include a principal or an officer who has pleaded guilty to or, otherwise, has been convicted of bid rigging or related criminal charges. Such bidders are disqualified from bidding on this project.

BIDDER’S QUALIFICATIONS:

Each bidder shall be skilled and regularly engaged in the class of work bid upon. Bidders shall carefully examine the location selected for the work and make themselves familiar with the drawings and specifications of the same before submitting a bid, in order that no misunderstanding shall exist in regard to the nature and character of the work to be done. No bids will be considered from bidders who are unable to show that they have successfully and satisfactorily performed work substantially similar in extent and similar to that on which they are bidding.

Each bidder shall carefully fill out in detail the experience and equipment questionnaire provided in this solicitation. In addition, each bidder shall furnish financial references upon the form provided in this solicitation.

All such information will be utilized by the Village in comparing the history, reputation, organization, capacity and responsibility of the various bidders for satisfactory and faithful performance of work of the character herein contemplated.

BIDDER TO DETERMINE CONDITIONS AT SITE OF WORK:

It is expected that bidders will make a personal inspection of the site and take measurements to obtain the necessary information as to the location, foundation material, space requirements, etc., to enable them to make up their bids intelligently and to advantage. No allowance will be made for any claim that bids were made on incomplete information as to the nature and character of the site or work involved. It is expressly understood that the Board of Trustees of the Village of Scarsdale does not guarantee the accuracy of any data given or shown on the plans regarding the location, character, or extent of existing surface or sub-surface conditions.

PRE-BID MEETING:

Tuesday, September 15, 2026, at 2:00 p.m. at the project site, Scarsdale Central Garage Complex, 25

Ramsey Road, Scarsdale, N.Y.

TERM OF CONTRACT:

The successful bidder will be notified of the award within thirty-five (35) calendar days of bid opening. All other bidders will be notified of the Village’s award. The successful bidder shall enter into the Articles of Agreement with the Village within Seven (7) calendar days of the Notice of Award being issued and shall be prepared to start work on or before October 26, 2026, to prosecute the work expeditiously, and to satisfactorily and substantially complete Contract VM # 1349 within 4 weeks of Notice to Proceed with Construction. The

Village of Scarsdale may grant an extension of time provided that a written request to the Village is made by the

Contractor.

The hours of construction shall be 8:00 am to 5:00 pm Monday – Friday. The Village may allow work to be performed on Saturdays from 10:00 am to 5:00 pm upon written request from the contractor. All work shall follow all applicable local laws, rules, and regulations adopted by the Village of Scarsdale. Once the selected

Contractor has mobilized to the work location and has begun work, it is expected that the work shall continue until completion, weather and temperature permitting.

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LIQUIDATED DAMAGES:

The Contractor shall agree to complete all work within the timeframe set forth herein. If the work embraced in the contract is not completed on or before the date specified therein, engineering and inspection expenses incurred by the Village in connection with the work from the completion date originally fixed in the contract to the final date of completion of the work may be charged to the Contractor and deducted by the Board of Trustees from the final monies due the Contractor. Any extra or supplemental work added to the original contract, as well as delays from sources beyond the control of the Contractor, will be given due consideration by the Board of

Trustees before assessing engineering and inspection charges against the Contractor. Such charges will be assessed, however, in cases where the work has been unduly delayed by the Contractor because of inefficient operation, insufficient work force, and lack of adequate equipment or for any other reason for which the Board of Trustees determines the Contractor liable.

By submission of a bid, each bidder hereby agrees to pay in accordance with the following schedule for each consecutive calendar day the project completion extends past the completion date, which sum is agreed on as the proper measure of liquidated damages that the Village will sustain per diem by the failure of the bidder to complete the work in the time stipulated, and this sum is not to be construed in any sense as a penalty but a good faith measure of the economic injury to the Village which is otherwise impractical to calculate.

Original Contract Amount Liquidated Damages

Per Day From More Than To and Including –

$0 $35,000 $575 $35,000 $50,000 $600 $50,000 $100,00 $725 $100,000 $500,000 $825 $500,000 $2,000,000 $1,025

MAINTENANCE BOND – WARRANTY OF WORK:

There will be no required submission for the standard maintenance bond. After the completion of the work and upon final payment, the Village will retain five percent (5%) of such payment for a period of twelve (12) months to warranty against defective materials and workmanship. However, should the Contractor elect to offer a bond in lieu of retainage, the form of which shall be subject to approval by the Village Attorney.

For the duration of the warranty period, the Contractor shall make any and all necessary repairs to any defect or product failure that may arise at his own expense. The Contractor shall acknowledge this warranty upon placing a signature on the “Articles of Agreement” document.

All goods, equipment and materials furnished and/or to be installed on Village property shall be standard, new, latest model of the regular stock product, as required by the specifications, with parts regularly used for the type of equipment, goods, and materials specified herein. Any goods, equipment, or materials to be installed on

Village property shall be conveyed to the Village with good clean title, free of any liens or similar circumstances which may jeopardize the Village’s right to retain and utilize such goods, equipment, and materials.

CONSTRUCTION BOND – SECURITY FOR PERFORMANCE:

Simultaneously with the delivery of the executed contract, the successful bidder shall furnish a Construction

Performance Bond and a Construction Payment Bond in amounts equal to 100% of the contract price, as security for faithful performance of this contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified herein. Each

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 11 bond shall state "The amount of the bond shall be adjusted to reflect the effect of any changes ordered by the owner by a Written Amendment, a Change Order, or a Work Change Directive." The surety on such bond(s) shall be a duly authorized surety company satisfactory to the Owner, licensed in the state of New York with a minimum rating of “BBB”, and shall be prepared on the forms found in these contract documents

ERRORS, INTERPRETATIONS, AND ADDENDA:

It is expressly understood that the Village of Scarsdale does not guarantee the accuracy of any data given or shown on any plans regarding the location, character or extent of existing surface or sub-surface conditions.

Should bidders find any omissions, discrepancies or errors in the contract documents or should any bidder have doubts to the clarity of meaning of any written language, they should immediately notify the Village of

Scarsdale Director of Capital Projects and request an addendum or an RFI response. The deadline for submitting a formal Bid RFI is 5:00 p.m., Friday, September 18, 2026. Questions regarding these bid specifications may be directed to Paul Zaicek, Village Director of Capital Projects by e-mail at

PZaicek@Scarsdale.gov.

PAYMENT:

Payment for service will be made after presentation of all finished work, verification by the Village and Village

Design Consultant, including submittal of all of the necessary as-built plans, test results and third party special inspections (if applicable), and approval by the Village Treasurer of an executed claim submitted on company letterhead with an attached AIA Claim form or equal and upon submission of any required maintenance bonds.

Contractors shall provide certified payroll forms and all necessary documentations necessary to show that all workers, including subcontractors, who were paid in accordance with NYS Labor Law. A completed IRS Form-

W9 shall accompany the submission for initial payment on contract. The Village may withhold payment until such certified payrolls and supporting documentation, as necessary, are satisfactorily submitted and verified. In any event, bidders should expect payment within thirty (30) calendar days, excluding legal holidays, after a request for payment has been made in writing and all documents or verification procedures are confirmed or completed as the case may be.

The fee schedule shown on the “Form of Bid” shall dictate the basis of payment.

TERMINATION BY THE OWNER:

If the Contractor defaults or neglects to carry out the work in accordance with the contract documents or fails to perform any provision of the contract, the Village of Scarsdale may, after seven (7) calendar days written notice to the Contractor and without prejudice to any other remedy the Village may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor or, at this option, may terminate the contract and take possession of the site and of all materials, equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient, and if the unpaid balance of the contract sum exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Village of Scarsdale.

The Village may also terminate the contract at any time for convenience by providing the Contractor with written notice specifying therein the termination date which shall be no sooner than thirty (30) calendar days from the issuance of said notice. Upon termination of the contract for the Village’s convenience, the Contractor shall begin to wind down its operations at the site and complete such work as may be specified in the notice of termination. Upon termination of the contract for the Village’s convenience, the Contractor shall be entitled to compensation for all work performed and all services, labor, material and equipment furnished prior to the mailto:PZaicek@Scarsdale.gov

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 12 termination date as reasonably determined by the Village. Such payment shall not exceed the fair value of the services provided hereunder.

POST CONTRACT AWARD MEETING:

After a contract is awarded to the successful bidder(s) for the work described by these specifications, a meeting will be held with the Village and Village Design Consultant to review each and every item of the specifications prior to the commencement of work to resolve any minor items not necessarily affecting the award of the bid and to explain progress reporting procedures and staff inspections. The Contractor shall provide the name(s), emails, and phone numbers of all personnel that will be available twenty-four (24) hours, seven (7) days per week for emergency call out work. A record of that meeting will be made as a part of the contract file. At the time of meeting, the Contractor shall submit a proposed Safety Plan to the Village and prior to beginning any work, identifying all competent persons, equipment and operating procedures. The plan shall include a description of a daily safety program and daily safety meeting for the job site and all emergency procedures to be implemented in the event of a safety incident. All work shall be conducted in accordance with the

Contractor’s submitted Safety Plan.

INSPECTION PROCEDURES AND BASIS OF PAYMENT:

The Village shall at all times have access to the work whenever it is in preparation or progress, and the

Contractor shall provide proper facilities for access and for inspection.

The Contractor shall keep on the work site, during its progress, a competent superintendent, and any necessary assistants, all satisfactory to the Village. The superintendent will be responsible for performing all on-site project management for the Contractor. The superintendent shall be experienced in the work required for this

Contract. The superintendent shall represent the Contractor and all directions given to the superintendent by the Village and its authorized representative(s) shall be binding as if given to the Contractor.

Work under this contract shall be paid for under the unit prices and or Base Bid Lump Sum shown on the fee schedule of the Form of Bid. Payment for the work performed under this contract including but not limited to the securing of all permits and approvals, removal and disposal of the existing non-salvageable materials, purchase, and installation of new materials, along with the preparation of the existing surfaces and any related site restoration work shall be deemed included under the respective bid items for said work. There shall be no additional payments made for Contractor overhead, mobilization, demobilization, exploratory work, survey work, water, permitting, regulatory compliance, and final clean up. Furthermore, the Contractor shall secure the work zone at its own expense and cost, as such factors should be included in the Form of Bid.

Final payment will not be released until a final inspection including submittal of all of the necessary as-built plans, test results and third party special inspections (if applicable) verifying that all work performed under this contract has been completed to the satisfaction of the Village and upon submission all manufacturer’s warrantees.

A representative(s) of the Village will perform the final inspection and will determine if the work performed under this contract has been completed satisfactorily. Requisitions shall consist of an executed claim form submitted on company letterhead with an attached AIA Claim Form or equal.

INSURANCE:

CONTRACTOR shall, during the performance of the Services, maintain the following insurance in the types and amounts and with insurers satisfactory to the VILLAGE:

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 13

Type of Insurance

Minimum limits

Required

Per Claim/Occurrence

Minimum limits Required

Aggregate Policy Limits

1. Commercial General Liability $ 1,000,000 $ 2,000,000

a. Bodily Injury/Property Damage $ 1,000,000 $ 2,000,000

b. Products/Completed Operation $ 1,000,000 $ 2,000,000

c. Personal and Advertising Injury $ 1,000,000 $ 2,000,000

d. Medical Expense l i m i t (any one person)

$ 10,000

$ N/A

2. Commercial Automobile Liability (if applicable)

$1,000,000

Combined Single Limit-

Each Accident

3. Worker's Compensation Statutory Limits Statutory Limits

4. Employer's Liability (Bodily Injury by

Accident)

$ 1,000,000

a. By Disease $ 1,000,000 $ N/A

b. Each Accident $ 1,000,000 $ N/A

c. Each Employee $ 1,000,000 $ N/A

5. Umbrella Excess Liability Insurance $5,000,000 $5,000,000

6. Environmental Waste and Pollution

Insurance

$1,000,000

$2,000,000

• Additional Conditions and Provisions:

• NYS Workers Comp (C-105.2 or U-26.3) and NYS Disability (DB-120.1) Insurance

Certificates must also be provided. If you are exempt from having Workers Comp or

NYS Disability insurance, Form CE-200 will need to be provided for each. ACORD

Certificates will not be accepted as proof of insurance.

• Name Village of Scarsdale as additional insured on CGL, Auto, and umbrella.

• The vendor's insurance shall apply as primary and non-contributory of any insurance maintained by Village of Scarsdale.

• Waiver of Subrogation provision in favor of Village of Scarsdale is included in CGL, Auto, and WC.

• The General Liability policy must not contain a height exclusion.

• The General Liability policy must not contain a third-party action over exclusion [a/k/a Labor Law

Exclusion].

• All policies must be on an occurrence basis

The Contractor shall furnish the Village with a certificate of insurance. The following language will be included in the Description of Operations:

The Village and Town of Scarsdale, its salaried and non-salaried employees, elected or appointed officials, officers, representatives, agents, volunteers and volunteer organizations are named as additional insured for General Liability, Automobile Liability and Umbrella Liability policies. The umbrella or excess liability policy follow-form underlying general liability and automobile liability as applicable. The insurance coverages listed shall apply as primary and non-

Contract VM # 1349 – Scarsdale Facilities Maintenance Roof Replacement Project Page 14 contributory of any insurance maintained by Village of Scarsdale. Waiver of Subrogation in favor of Village of Scarsdale is included in CGL, Auto, and Workers Compensation. All policies shown above do not contain a labor law [a/k/a third party action over] exclusion nor height exclusion

Prior to commencing work, CONTRACTOR shall furnish the VILLAGE with a Certificate of

Insurance as evidence of the required insurance and such certificate shall name the Village of

Scarsdale as an additional insured under the commercial general liability, commercial automobile liability, and umbrella / excess liability insurance. The certificate of insurance naming the Village as additional insured must extend coverage to all salaried and non-salaried employees, elected or appointed officials, volunteer organizations or persons, but only while performing duties on behalf of the Named Insured. The certificate shall provide for thirty (30) days written notice to the

VILLAGE prior to cancellation thereof. New and current certificates shall be provided at each policy renewal. The VILLAGE shall specifically be named as an additional insured on coverages under Employers’ Liability and Automobile property damage specified above.

In the event any of the required insurance policies are canceled or not renewed, CONTRACTOR shall provide a substitute insurance policy(ies) with terms and conditions and in amounts which comply with the terms of this Agreement and, specifically with regard to "claims made" policies, which provide for retroactive coverage to the date of cancellation or nonrenewal to fill any gaps in coverage which may exist due to the cancellation or nonrenewal of the prior "claims made" policy(ies). With respect to all "claims made" policies which are renewed, CONTRACTOR shall provide coverage retroactive to the date of commencement of work under this Agreement.

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

CONTRACTOR hereby acknowledges that failure to obtain and carry the required insurance set forth above on behalf of the VILLAGE subjects CONTRACTOR to liability for damages, indemnification and other legal remedies available to the parties hereto and/or non-parties. The failure of the VILLAGE to object to the contents of the policy of insurance and/or certificate of insurance, or CONTRACTOR’S failure to file a certificate of insurance shall not be deemed a waiver of the insurance requirements or any and all rights held by the VILLAGE.

FAMILIARITY WITH BID DOCUMENTS & GOVERNING LAW:

Each bidder is required to be familiar with all of this document’s terms and conditions in addition to understanding all federal, state, and local laws, regulations and ordinances regarding performing the work in accordance with this contract. Failure of the bidder to fully familiarize themselves with conditions related to these specifications and to the project location for which the work is to be performed shall not relieve any bidder from any obligation set forth in this contract. By submitting a bid, each bidder hereby agrees to be bound by the provisions of this solicitation.

Each and every provision of law and clause required by law to be part of this solicitation shall be deemed to be included herein, and if through mere mistake or otherwise any such provision is not included, then this solicitation and resulting contract shall be read and enforced as though it were included herein. Specific reference is made to the following sections of the Labor Law and General Municipal Law, which apply to the work under this contract.

• General Municipal Law – § 103-a Grounds for Cancellation of Contract–Refusal to Testify

• General Municipal Law – § 103-d, re: Non-collusion

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• General Municipal Law – § 106-b, re: Payment on Public Works Projects

• General Municipal Law – § 107, re: Claims Against Political Subdivisions

• General Municipal Law – § 108, re: Worker’s Compensation Insurance

• General Municipal Law – § 109, re: Non-assignment of Public Contracts

• New York State Labor Law – NYS Article 8 – Public Work

• New York State Labor Law – § 220-i, re: Registration system for contractors and subcontractors

NON-COLLUSIVE BIDDING CERTIFICATION:

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 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 and

C. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit a bid for the purpose of restricting competition.

The Attorney General on October 24, 1965, ruled that corporate bidder may comply with the non-collusive bidding provisions of Section 103 (d) of the General Municipal Law through use of a blanket resolution authorizing the execution of the required certificate by a specified person to cover all bids made by the corporation within a specified period of time, or until the resolution is rescinded. Each bid must be accompanied by a separate non- collusive certificate and the corporate resolution, to which must be appended a statement by the secretary of the corporation that the resolution is in full force and effect at the date of bid.

LABOR LAW & PREVAILING WAGES:

The successful bidder shall comply with all the provisions of the New York Labor Law, including but not limited to Article 8, 8-A and 9 thereof. The successful bidder shall pay prevailing wages as defined by the New York

Labor Law to all laborers, workers and mechanics, and shall require all subcontractors to do the same. The successful proposer’s failure, in one or more instances, to pay, or require subcontractors to pay, the prevailing wages and supplements in accordance with the New York State Labor Law, shall be considered a material breach of the contract.

Each bidder shall factor into its Bid Form the appropriate labor costs for its workers in accordance with

NYS Prevailing Wage rates. The Prevailing Wage rates applicable to this project are appended hereto and made a part of this solicitation.

CONE OF SILENCE:

Cone of Silence means a prohibition on any communication regarding a particular Request for Proposals

(“RFP”), Request for Qualifications (“RFQ”), or Request for Bids (“RFB”).

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Pursuant to NY State Finance Law § 139-j and § 139-k, this RFB includes and imposes certain restrictions on communication between the Village and proposers during the procurement process. A proposer, or prospective proposer, is restricted from contacting, other than designated staff in accordance with the provisions of this RFB, from the earliest notice of solicitation through final award and approval of the contract (“Restricted Period”) unless it is a contact that is included among certain statutory exceptions pursuant to NY State Finance Law.

Village employees are required to obtain certain information when contacted during the Restricted Period. The designated staff contact is Paul Zaicek, Village Director of Capital Projects, telephone number (914) 722-1153, as set forth on the Notice to Bidders. Proposers responding to this RFB shall familiarize themselves with the aforementioned provisions of the NY State Finance Law and the requirements therein, and by submission of a proposal affirm that they understand and agree to comply with said requirements.

OWNERSHIP OF MATERIALS:

All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials resulting from any contract arising from this solicitation shall constitute the property of the Village of

Scarsdale. The Village may use, extend, or enlarge any document produced under the contract without the consent, permission of, or further compensation to the successful bidder.

DISCLAIMER:

This solicitation and the processes it describes are the property of the Village and are for the sole benefit of the

Village. No other party, including any bidder to this solicitation or future bidder to any solicitation that may be issued by the Village, is intended to be granted any rights hereunder. Any response to this solicitation, including written documents and verbal communication, with the exception of materials marked as trade secrets or confidential, may be subject to public disclosure by the Village, or any authorized agent of the Village. Any materials submitted or ideas elicited in response to this solicitation shall be the sole and absolute property of the

Village with the Village having title thereto and unrestricted use thereof.

PROPRIETARY INFORMATION:

The New York State Freedom of Information Law, Public Officers Law, Article 6, provides for public access to information. Public Officers Law, section 87(d)(2) provides for exceptions to disclosure for records or portions thereof that are “trade secrets or are submitted to an agency by a commercial enterprise and which if disclosed would cause substantial injury to the competitive position of the subject enterprise.” Information that the bidder wishes to have treated as proprietary and confidential trade information should be identified and labeled

“Confidential” or “Proprietary” on each page at the time of submittal. This information should include a written request to exempt it from disclosure, including a written statement of the reasons why the information should be exempt.

PUBLICITY:

All publicity by any bidder, including, but not limited to, press/news releases, news/press conferences, advertising, promotional materials, etc., related to this solicitation, the services/work sought by this solicitation, or any resulting contract shall require the prior written approval of the Village.

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VILLAGE OF SCARSDALE

WESTCHESTER COUNTY, NEW YORK

SCARSDALE FACILITIES MAINTENANCE BUILDING

ROOF REPLACEMENT

ARTICLES OF AGREEMENT

THIS CONTRACT, made and entered into this day of , in the year 20____, by and between the Village of Scarsdale, a municipal corporation of the State of New York, acting through its

Board of Trustees with offices at 1001 Post Road, Scarsdale, New York 10583 (hereafter referred to as the

“Village”), and

____________________________, with principal offices at ________________________________, organized and existing under the laws of the State of New York (hereafter referred to as the “Contractor”) (collectively referred to as the “Parties” and each a “Party).

NOW THEREFORE, in consideration of the mutual promises and covenants contain herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the Village and the Contractor hereto mutually agree as follows:

ARTICLE I - STATEMENT OF WORK AND COMPENSATION THEREFOR

Section 1. The Contractor shall furnish all of the necessary materials, labor, plant, machinery, transportation and appliances and, at its own risk and expense, construct and complete in accordance with these

Articles of Agreement, Information for Bidders, and the Proposal, the Specifications and the Contract Drawings, which are attached to these Articles of Agreement and hereby made a part of this Contract, (all of which Contract

Documents the Contractor acknowledges he has read and examined) and in accordance with such detail drawings and instructions as may be issued or given by the Engineer during the progress of the work, for the consideration of the unit prices specified and subscribed to by the Contractor in the bid. The estimated amount of this contract, based upon such unit prices is

PROPOSAL AMOUNT……………… $__________________________.

In words: ______________________________________________________.

ARTICLE II - COMMENCEMENT AND COMPLETION OF WORK

Section 2. The Contractor shall commence in an active way, by the use of tools and labor, the work as herein contracted by October 26, 2026, and proceed with due diligence and dispatch, so as to satisfactorily

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ARTICLE III - DEFINITION OF TERMS

Section 3. The following words and expressions, shall, wherever they appear in this contract be construed as follows unless a different meaning is clear from the context:

3.1 “Addendum” or “Addenda” shall mean the additional contract provisions and/or technical clarifications issued in writing by the Village prior to the opening of bids.

3.2 “Allowance” shall mean a sum of money which the Village may include in the total amount of the contract for such specific contingencies as the Village believes may be necessary to complete the work, and for which the Contractor will be paid on the basis of stipulated unit prices or a formula set forth in the Contract Documents or negotiated between the parties hereto, however, if the Contractor is not directed in writing to use the allowance, the Contractor shall have no right to such money and it shall be deducted from the total amount of the contract.

3.3 "Village" or “Town” or “Scarsdale” shall mean the duly incorporated Village/Town of

Scarsdale, New York.

3.4 “Contract” (regardless of capitalization) shall mean this Articles of Agreement.

3.5 “Contract Documents" shall mean those documents specified in Section 4 of this contract.

3.6 “Contractor” shall mean such company or firm or party defined in the preamble hereto, and its, their, his/her duly authorized representative, and consented to assigns, successors, executors, which is responsible for executing the work prescribed herein.

3.7 “Days” shall mean calendar days, except where otherwise specified.

3.8 "Engineer" shall mean the head of the Village of Scarsdale Department who is employed by and acting under the authority of the Village of Scarsdale and is responsible for the oversight and prosecution of the work on behalf of the Village of Scarsdale. In the event a third-party is retained by the Village to direct and prosecute the work or if the work involves the oversight of multiple heads of Village Departments, it shall mean the person(s) or firm(s) designated in writing by the Village Manager to oversee and ensure proper prosecution of the work on behalf of the Village of Scarsdale.

3.9 “Extra work” shall mean work, materials, and/or equipment needed to complete the project that is not required by the contract at the time of its execution.

3.10 “Law” or “Laws” shall mean a statute of the State of New York, a local law of the Village of

Scarsdale, the Constitution of the State of New York, a law or code of the County of

Westchester, New York, and any rule, ordinance, regulation or judicial decision having the force of law.

3.11 “Notice to Proceed” shall mean the written notice issued by the Village of Scarsdale specifying the time for commencement of the work.

3.12 “Project” shall mean the improvement to which this contract relates.

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3.13 “Site” shall mean the area of land upon or in which the Contractor’s operations are carried on, and such other areas as may be designated by the Engineer.

3.14 “Specifications” shall mean all the directions, requirements, and standards of performance applying to the work needed to complete the project.

3.15 Wherever in the specifications or upon the drawings the words "as directed," "as required," "as permitted," or words of like effect are used, it…