Bid Spec - 2025 Tree Removal, Pruning, & Stump Grinding.pdf

April 2025

Ralph Suozzi

Project Manual for:

CONTRACT AND SPECIFICATIONS

2025 Tree Removal, Pruning, & Stump Grinding

Village Administrator

DESCRIPTION

Title Sheet

Table of Contents

Bidding Requirements

Notice to Bidders N/A

Information to Bidders 1-1

Bid Bond 1A-1B

Labor Rates 2

Bid Proposal 3-3B

Non-Collusive Bidding Certification 4A

Iranian Energy Sector Divestment Certification 4B

Ethics Policy Disclosure Form 4C

References 4D

Contract 5-5A

Article II-Chairmain thru Article XX 6-13

Acknowledgments 14-15

Performance Bond 16-18

Payment Bond 19-22

Maintenance Bond 23-26

TC - Page 1 Garden City, New York April 2025

TABLE OF CONTENTS

2025 Tree Removal, Pruning, PAGE NO.

DESCRIPTION PAGE NO.

Project Specifications 27-28

Item Specifications 29

Summary 30

Locations 31-36

Location Map 37

TC - Page 2 Garden City, New York April 2025

2025 Tree Removal, Pruning, TABLE OF CONTENTS

LEGAL NOTICE

FOR ADVERTISEMENT: GARDEN CITY NEWS

INCORPORATED VILLAGE OF GARDEN CITY, NEW YORK

NOTICE TO BIDDERS

Sealed bids MUST be RECEIVED BY AND DELIVERED TO:

THE PURCHASING DIVISION

Incorporated Village of Garden City

351 Stewart Avenue

Garden City, New York 11530 between the hours of 8:30 A.M. and 4:30 P.M., UNTIL 11:00 AM EDT, THURSDAY, MAY 1, 2025 at which time they will be publicly opened and read aloud, for furnishing the following:

2025 TREE REMOVAL, PRUNING, & STUMP GRINDING

Specifications, Form of Bid, and other information may be obtained from the office of the

Purchasing Division at the above address or you may download the bid specifications from the

New York State Contract Reporter website at the following web address:

https://www.nyscr.ny.gov/contracts.cfm

This bid specification will be listed under the Agency Name of:

Garden City, Inc. Village of

Dated: April 18, 2025

INFORMATION FOR BIDDERS

Plans and Specifications The plans, specifications, form of bid and form of contract may be examined at the Office of the Purchasing Division of the Village of Garden City in the Village Hall, 351 Stewart Avenue, Garden City, New York, on or after 04/18/25 and copies thereof may then be obtained upon payment of $25 for each set or may be downloaded for no cost through New York State Contract Reporter at https://www.nyscr.ny.gov/contracts.cfm. The bid specification will be listed under the Agency Name of Inc. Village of Garden City. Any bidders and non-bidders, other than the successful bidder, returning all copies of the Plans and Specifications in good condition within thirty (30) days following the award of the contract or the rejection of their bid shall be refunded the full amount of such deposit for one copy of the Plans and Specifications. A full refund shall be made to the successful bidder for one copy of Plans and Specifications. Partial reimbursement, in an amount equal to the full amount of such deposit for one set of Plans and Specifications less the actual cost of reproduction of the Plans and Specifications, shall be made for the return of all other copies of the Plans and Specifications in good condition within thirty (30) days following the award of the contract or the rejection of the bids covered by such Plans and Specifications.

Bid Each bid must be accompanied by a certified check or a bid bond, on forms provided herein, in the sum of not less than 5% of the amount of the bid, made payable to the Incorporated Village of Garden City, as security. Such certified checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of bids, and the remaining certified checks or bid bonds will be returned to the three lowest bidders after the execution of the contract, or if no contract has been so executed within forty-five (45) days after the opening of the bids, upon demand at any time thereafter so long as the bidder demanding same has not been notified of the acceptance of their bid. If any bidder shall fail or refuse to execute and deliver the bonds and insurance required within thirty (30) days after they have received notice of the acceptance of their bid, their certified check or bid bond shall be paid to and collected by the Village as liquidated damages for their default.

The Village reserves the right to reject any or all bids and to waive any informality therein.

The Village will not award a contract to any bidder who cannot prove to the satisfaction of the Board of Trustees of the Village that they have had sufficient experience in this type of construction and is financially able and organized to successfully carry out the work covered by the Plans and Specifications in the required time.

The successful bidder will be required to execute the contract documents and to furnish insurance and bonds as stipulated in the contract before any work may be performed. The Village shall not be bound by the terms of the contract and shall not be liable for payment on account of any work performed either under the contract or in quantum meruit until the contract documents have been executed and the necessary insurance and bonds have been applied.

Quantities Estimated Only Bidders are warned that the estimate of the quantities of the various items of work are approximate and given solely to be used as a uniform basis for the comparison of bids. The quantities actually required to complete the contract of work might be less or more than so estimated and, if so, no right to recover damages or loss of profits shall accrue to the Contractor by reason thereof.

Non-Collusive Bidding Certificate Section 103-d of the General Municipal Law was amended by Chapter 751 of the Laws of 1965 so as to require that every bid or proposal made to a political subdivision of the State shall contain a Non-Collusive Bidding Certificate. This Certificate (Page 4A) must be completed by each bidder and attached to their bid.

1-1

Notice to Bidders – 2025 Tree Removal, Pruning, & Stump Grinding

Garden City, New York

BID BOND

Bond No.

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned

Principal, and as Surety, are hereby firmly bound unto the Village of Garden City, hereinafter referred to as the “Village” in the penal sum

$ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this day of , 20 .

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that whereas the Principal has submitted to the Village a certain Bid attached hereto and hereby made a part hereof, to enter into a contract in writing for the work under Contract No. for the

2025 Tree Removal, Pruning, & Stump Grinding

NOW, THEREFORE,

if the Principal shall not withdraw said proposal without the consent of the Village for a period of 45 days after the opening of bids and in the event of acceptance of the Principal’s proposal, if the Principal shall,

(a) when notified by the Village, execute all necessary counterparts of the contract as set forth in the contract documents in accordance with the proposal as accepted; and

(b) furnish bonds and other security as specified in the contract documents for the faithful performance and proper fulfillment of such contract, which bonds or other security shall be satisfactory in all respects to the Village; and

(c) in all respects perform the agreement created by the acceptance of said proposal as provided in the invitation to bid and terms of contract and specifications and entire proposal incorporated herewith and made a part hereof or if the Village shall reject the aforesaid proposal for a reason other than the Principal’s failure to satisfy the Village that they has the necessary skill, experience and liquid assets required for the contract as stated in the documents aforesaid, then this obligation shall be null and void; otherwise to remain in full force and effect.

1A

BID BOND

In the event of the acceptance of the Principal’s proposal, if the Principal shall when notified by the Village, fail to execute the contract or furnish the required insurance and security as specified in the contract or otherwise fails to perform the agreement created by the acceptance of the proposal, then the undersigned will upon demand pay to the Village as liquidated damages for the Principal’s failure to meet such requirements a sum equal to the amount that would have been required by a certified check if the same were delivered in accordance with the provisions of the contract documents and specifications herein stated.

If is expressly understood and agreed that the liability of the Surety for any or all claims hereunder shall in no event exceed the amount of this obligation as herein stated.

The Surety further agrees that the obligation of said Surety and its bond shall in no way be impaired or affected by any extension of time within which the Village may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

{Corporate Seal of Bidder if a Corporation} Legal Name of Bidder

By Signature of Officer

Title of Officer

{Corporate Seal of Surety} Surety

Signature of Officer

1B

LABOR RATES

STATE OF NEW YORK

DEPARTMENT OF LABOR

PREVAILING WAGE RATE SCHEDULE

This New York State Department of Labor Prevailing Wage Rate Schedule for this Project is on the following page.

Also, refer to Supplementary Conditions for additional requirements.

PLEASE DO NOT REMOVE BID PAGES

BID PROPOSAL

For Incorporated Village of Garden City, New York, at the following location(s):

Various Locations, Garden City, NY pursuant to Notice of Bidders, dated made by Contractor

Address

The undersigned has carefully examined the location of the proposed construction and has carefully examined and read the Notice to Bidders, Form of Contract, Plans and Specifications, which are understood and accepted as sufficient for the purpose, and hereby proposes to comply with said requirements, to furnish all the necessary superintendence, labor, materials, tools and appliances and to do and construct all of said work in accordance with said plans, specifications and conditions and to complete said work within the time hereinafter specified for the following price or prices, to wit:

Item No.

Approximate Quantities

Items with Unit Price Written in Words

Unit Bid Price

Dollars Cents

Amount Bid

1 2

Removal – 8 to 11 DBH Trees

For

2 12

Removal – 12 to 17 DBH Trees

3 63

Removal – 18 to 24 DBH Trees

4 40

Removal – 25 to 31 DBH Trees

5 15

Removal – 32 to 39 DBH Trees

Approximate Quantities

Items with Unit Price Written in Words

Unit Bid Price

Amount Bid

6 11

Removal – 40 to 50 DBH Trees

7 0

Removal – Greater than 50 DBH Trees

8 0

Pruning – Various Trees in Village

9 83

Stump Grinding – Various Stumps in Village

WHERE APPROXIMATE QUANTITIES ARE CALLED FOR, PAYMENT SHALL BE MADE ON THE BASIS OF THE UNIT BID PRICE STATED ABOVE. IN SUCH CASES, THE AMOUNT IN THE RIGHT-MOST COLUMN ABOVE REPRESENTS THE APPROXIMATE TOTAL PRICE BASED ON THE UNIT BID PRICE MULTIPLIED BY THE APPROXIMATE QUANTITIES

LISTED IN THE SPECIFICATIONS.

TOTAL BASE BID: $

3A

TOTAL BASE BID: Total or Gross Bid Must Be Written Words:

FOR

Within thirty (30) days after acceptance of this bid by the Village, the undersigned will execute the Contract with the Village and furnish the required bonds and insurance.

Name of Company Date

(ORIGINAL SIGNATURE ONLY) (Title) (PRINT)

Address

Telephone Email

Federal Employer Identification Number

3B

(Required by Section 103-d of the General Municipal Law)

(To be dated and executed by the Bidder and submitted with the bid)

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 with 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, and

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

Dated 20

Signature

{Affix Corporate Seal}

4A

NON-COLLUSIVE BIDDING CERTIFICATION

IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

(Required by Section 103-G of the General Municipal Law)

By submission of this bid, the undersigned bidder, and each person signing on behalf of said bidder, certifies under penalty of perjury, that to the best of their knowledge and belief, the bidder is not named on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.

Dated 20

Sworn to me this day of

, 20 .

Notary Public

4B

(Required by Section 12-4 c of Inc. Village of Garden City Ethics Policy)

12-14. Nepotism.

(c) No Relative shall be hired or retained as an Employee of the Village, and no entity controlled by a Relative shall be hired or retained as a contract party or consultant or perform services for monetary gain for the Village unless such relationship is disclosed to the Board of Trustees prior to any such employment or retention, and such employment or retention is approved in writing by the Board of Trustees. For purposed of this section 12- 14 (c), the term “control” shall mean that such Relative (or such Relative’s Relatives as defined below (i) beneficially owns more than 5% equity of the equity interests or the right to receive more than 5% of the profits or losses of any such entity and evidenced by resolutions duly adopted by the Board or (ii) is a partner, officer, manager or director of any such entity.

I have read Section 12-14 (c) of the Inc. Village Ethics Policy and by submission of this form, each Contractor/Vendor or each person signing on behalf of any Contractor/Vendor certifies, that to the best of knowledge and belief:

1.) ______ No “control” person, as defined above, is related to an Officer or Employee of the Village

OR

2.) ______ A “control” person, as defined above, is related to the following Officer or Employee of the Village

Employee Name: __________________________________

Relation: _________________________________________

Definitions:

“Relative” means a spouse, parent, step-parent, sibling, step-sibling, sibling’s spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee.

“Officer” or “Employee” means a paid or unpaid officer or employee of the Village including, but not limited to, the members of any Board, whether paid or unpaid, but shall not include professionals and consultants retained by the Village or third parties retained through public bidding contracts or other contracts which may be entered into by the Village.

Vendor: ___________________________________________

Signature: _________________________________________

Title: ______________________________________________

Date: ______________________________________________

4C

THIS PAGE MUST BE COMPLETED BY EVERY CONTRACTOR/VENDOR

REFERENCES

REFERENCE CONTACT PROJECT NAME TYPE OF WORK AMOUNT YEAR WORK WAS COMPLETED

NAME

ADDRESS

PHONE NUMBER

EMAIL ADDRESS

4D

THIS PAGE MUST BE COMPLETED BY EVERY BIDDER

Consideration will only be given to bidders who are qualified with experience working with Tree Removals. The Contractor shall have a minimum of five (5) years of experience.

Contractor shall provide evidence of direct experience and proof of having worked on four

(4) projects similar in scope and type to the required work. The work experience shall have been completed in the Long Island area and / or the New York/New Jersey metropolitan region. Bidders shall submit a list of these references with their bids and complete page 4B and 4C. Failure to supply this information may be cause for rejection of a bid.

INCORPORATED VILLAGE OF GARDEN CITY, N.Y.

CONTRACT

Within the Incorporated Village of Garden City, New York, at the following location(s):

Various Locations, Garden City, NY

This agreement, made and executed between the

Incorporated Village of Garden City, a municipal corporation having its principal place of business at 351 Stewart

Avenue, Garden City, New York, hereinafter called the “Village” and

, hereinafter called the

“Contractor”:

WITNESSETH: That the parties hereto in consideration of the covenants and agreements hereinafter set forth do hereby agree as follows:

ARTICLE I – CONTRACT PRICES

The Contractor shall furnish all necessary superintendence, labor, materials, tools and appliances, and other facilities and things necessary or proper for or incidental to the work, in strict accordance with the Plans, Specifications, Notice to Bidders and Bid, all of which shall be deemed a part of the Contract. For all of said work, the Village agrees to pay to the Contractor the following price or prices:

Approximate Quantities

Items with Unit Price Written in Words

Unit Bid Price

Dollars Cents

Amount Bid

1 2

Removal – 8 to 11 DBH Trees

2 12

Removal – 12 to 17 DBH Trees

3 63

Removal – 18 to 24 DBH Trees

Approximate Quantities

Items with Unit Price Written in Words

Unit Bid Price

Dollars Cents

Amount Bid

4 40

Removal – 25 to 31 DBH Trees

5 15

Removal – 32 to 39 DBH Trees

6 11

Removal – 40 to 50 DBH Trees

7 0

Removal – Greater than 50 DBH Trees

8 0

Pruning – Various Trees in Village

9 83

Stump Grinding – Various Stumps in Village

WHERE APPROXIMATE QUANTITIES ARE CALLED FOR, PAYMENT SHALL BE MADE ON THE BASIS OF THE UNIT BID PRICE STATED ABOVE. IN SUCH CASES, THE AMOUNT IN THE RIGHT-MOST COLUMN ABOVE REPRESENTS THE APPROXIMATE TOTAL PRICE BASED ON THE UNIT BID PRICE MULTIPLIED BY THE APPROXIMATE QUANTITIES

LISTED IN THE SPECIFICATIONS.

TOTAL BASE BID: TOTAL CONTRACT PRICE MUST BE WRITTEN IN WORDS

FOR

5A

ARTICLE II – ENGINEER

The word “Engineer” or pronoun used in place thereof shall mean the Village Administrator directly or through their duly authorized agent or agents.

ARTICLE III – WORK TO BE PERFORMED

The work shall be performed in accordance with the true intent and meaning of the Plans and Specifications therefor, without any further expense of any nature whatsoever to the Village than the consideration specified in this Contract. The Village reserves the right to make any additions, deductions or changes it deems necessary and this Contract shall in no way be invalidated thereby.

ARTICLE III٠A – NO ASSIGNMENT, SUBLETTING

OR TRANSFER OF CONTRACT

The award of this Contract was based, in part, on the qualifications and experience of the Contractor. The Contractor shall perform work under this Contract with its own workforce which work amounts to not less than 50% of the original contract price. There shall be no assignment, subletting or other transfer of this Contract without the express written consent of the Village. Any attempt to assign, sublet or transfer this Contract, or any part hereof, or of any monies due or to become due hereunder, without the express written consent of the Village, shall be null and void and of no effect to the Village.

ARTICLE IV – SUPPLEMENTAL CONTRACT FOR EXTRA WORK

Any material furnished or work performed other than that specified in this Contract shall be covered by a written supplemental contract and no claim will be made by the Contractor for any such work performed or material furnished before such supplemental contract shall have been authorized by the Engineer.

ARTICLE V – ACTION BY THE VILLAGE

IN CASE OF ABANDONMENT OR DELAY

If work under this Contract shall be abandoned, or if at any time the Engineer shall be of the opinion and shall so certify in writing to the Village that the work or any part thereof is unnecessarily or unreasonably delayed or that the Contractor is violating any of the provisions of this Contract, the Village may, at its election, notify the Contractor to discontinue work, or such part thereof, and the Contractor shall thereupon cease to have any right to possession of the ground, and the Village shall thereupon have the right by contract or otherwise, as it may determine, to complete the work, or such part thereof, and to change the cost thereof to the Contractor, and to take possession of and use therein such materials, machinery, implements, tools and plant of every description as may be found upon the said work. The expense so charged shall be deducted and paid by the Village out of the moneys due or to become due the Contractor under this contract, and the Contractor shall pay the amount of any such expense, in excess of the contract price, to the Village.

ARTICLE VI – PERFORMANCE BY CONTRACTOR

The Contractor shall furnish at their own expense all transportation, apparatus, ways, works, machinery and plant, and also suitable appliances requisite for the execution of this Contract, and shall be solely answerable for the same, and for the safe, proper and lawful construction, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and all injury to the same before the final completion of this Contract and its acceptance by the Board of Trustees, shall be made good by the Contractor who shall be solely answerable for all damages to the Village, to the neighboring premises, and to any other persons or property, due to improper, illegal or negligent conduct, of themselves, their sub-contractors, employees or agents in or about the said work or in the execution of the work covered by this contract, or any extra work undertaken, as herein above provided, or to any defect in or improper use of apparatus, ways, works, machinery and plant; and the Contractor shall assume the defense of and save harmless the Village, its officers or agents from, all claims whatsoever relating to labor or supplies furnished for the work or to inventions, patents or patent rights used in the work, or in doing the work.

ARTICLE VII – INDEMNIFICATION OF THE VILLAGE BY CONTRACTOR

In case any action at law or suit in equity shall be brought against the Village or any of its officers or agents for or on account of the failure, omission or neglect of the Contractor, or their sub-contractors or their employees or agents to do or perform any of the covenants, acts, matters or things by this Contract undertaken to be done or performed by the Contractor or their sub-contractors, or their employees or agents, or for any injury done to property or persons and caused by the negligence or alleged negligence of the Contractor or their sub-contractors or their employees or agents, then the Contractor shall immediately assume and take charge of the defense of such actions or suits in like manner and to all intents and purposes as if said actions or suits had been brought directly against the Contractor; and the Contractor shall also indemnify and save harmless the Village, its officers and agents, from any and all loss, cost, claims, judgements or damage whatever arising out of such actions or suits in like manner and to all intents and purposes as if said actions or suits had been brought directly against the Contractor.

ARTICLE VIII – COMMENCEMENT AND COMPLETION OF WORK

The Contractor agrees to commence work when directed to do so by written notice to proceed from the Engineer or other designated Village Officer, unless unforeseen circumstances prevent timely commencement, and acknowledges that such timely commencement constitutes a material part of the performance of this Contract. The Contractor further agrees that the work shall be entirely completed and performed (including completion of any and all punch list items) within One Hundred Twenty (120) – WORKDAYS from the commencement date specified in said notice to proceed. The notice to proceed shall be an addendum to this Contract and is hereby expressly incorporated by reference. The commencement and end dates specified, therein, shall be binding upon the parties and shall not be modified, except upon mutual agreement.

The Contractor agrees to prosecute work in furtherance of project completion during each reporting period set forth in ARTICLE VIII(a) herein unless unforeseen circumstances prevent the performance of such work and acknowledges that such performance during each reporting period constitutes a material part of the performance of this contract.

The Engineer shall have exclusive authority to determine whether circumstances preventing the timely completion of work are unforeseen.

ARTICLE VIII (a) – PROGRESS REPORTING The Village reserves the right to require progress reports. When directed by the Village, the Contractor agrees to file progress reports with the Village of Garden City by e-mail to projectupdate@gardencityny.net and acknowledges that such reports, when requested, constitute a material part of the performance of this contract.

The initial report must be filed within fourteen (14) calendar days from the full date requested. Each successive report must be filed every 7 calendar days thereafter (the “reporting period” until project completion. Each report will include responses to each of the following, numbered as such, and noting any changed information from the prior report:

1) Project Title

2) Date of contract award

3) Expected Project completion date

4) Is the Project proceeding on time? If no, state why.

5) Is the Project proceeding within the Awarded Budget? If no, state why.

6) List the work expected to be performed in the next fourteen calendar days

7) List the work performed in the past fourteen calendar days

8) Has the work which was expected to be performed in the preceding progress report been performed in the past fourteen calendar days? If no, state why.

9) State any foreseeable circumstances that may, in the future, affect the timeliness and/or budget for this Project

Termination for Convenience. At any time before or during the progress of work, the Village may determine not to proceed with the Project. Accordingly, the Village may terminate the Contract at any time, for any reason, upon delivery of written notice of termination to VENDOR at the address of the VENDOR indicated on the signature page of this Agreement. In the event the Village exercises its rights pursuant to this paragraph, VENDOR shall be entitled to compensation for all services/supplies authorized and performed/delivered prior to delivery of the notice of termination. Following a notice of termination by Village, the Vendor shall nevertheless follow any instructions issued by Village directing Vendor to complete any further “in progress” portion of the Project, and/or to remove unused material and/or restore the site to a condition in which passers-by may safely and reasonably traverse the adjoining areas.

ARTICLE IX – EXTENSION OF TIME

No extension beyond the date of completion fixed by the terms of this Contract shall be effective unless in writing signed by the Engineer.

ARTICLE X – DAMAGE FOR DELAY

Time is of the essence of this Contract, and there will be on the part of the Village considerable and incalculable monetary damage in the event of any delay in the completion of the same. The sum of $500 per day for the General Contractor and $100 per day for all other Contractors is hereby agreed upon as the liquidated damages for each and every work day after the specified date of completion in which the work remains in an incomplete condition, which amount shall in no event be considered as a penalty or otherwise than as the liquidated and adjusted damages of the Village because of the said delay and the Contractor hereby agrees that the said sum for each such day shall be deducted from the sum remaining in the hands of the Village under the section of this Contract authorizing it to hold 5 percent of the estimate for such work.

ARTICLE XI – COMPLIANCE WITH ALL LAWS

All applicable provisions of the laws of the United States of America and the State of New York or any political subdivision thereof, and all rules and regulations adopted pursuant thereto by regulatory authorities having jurisdiction, shall be deemed part of this Contract and the Contractor shall fully comply therewith, including particularly but without limitation of the foregoing the provisions relating to the securing of compensation for the benefit of employees engaged under this Contract, in compliance with the provisions of the Workers’ Compensation Law, relating to hours and wages, discrimination on account of race or color, and preference in employment to citizens of the State of New York, in compliance with the provisions of the Labor Law, and relating to the assigning, transferring, conveying, subletting or otherwise disposing of this Contract or of the Contractor’s right, title, or interest therein, or of the Contractor’s power to execute this Contract, to any other person or corporation without the previous consent in writing of the Board of Trustees of the Village, as set forth in the General Municipal Law.

ARTICLE XII – CONTRACT PRICE TO COVER ALL CLAIMS

The Village shall pay and the Contractor shall receive the price stipulated as full compensation for everything furnished and done by the Contractor under this Contract, and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or unforeseen obstructions or difficulties encountered in the process of the work, and for all expenses incurred by or in consequence of the discontinuance of the work herein specified and for well and faithfully completing the work and the whole thereof as herein specified, and for making repairs to and maintaining the work in good condition until the final acceptance of the work.

ARTICLE XIII – PROGRESS PAYMENTS

Not later than the 15th day of each calendar month, the Village will make partial payment to the Contractor on the basis of issuance of a certificate by the Engineer of the work performed during the preceding calendar month by the Contractor. The Village will retain 5% of the amount of each such partial payment until final completion and acceptance of all work covered by the Contract.

ARTICLE XIV – FINAL PAYMENT AND EFFECT THEREOF

Upon the completion of all work required, the Engineer shall file a certificate with the Village and provide a copy of same to the Contractor which certificate evidences such completion, and within thirty days after such filing the Village shall pay to the Contractor the amount of the contract price less all prior payments and advances whatsoever to or for the account of the Contractor. All prior estimates and payments shall be subject to correction by this payment, the acceptance of which by the Contractor shall operate as a release to the Village of all claims of the Contractor against the Village of any nature whatsoever. No payment, however, final or otherwise, shall operate to release the Contractor or their sureties from any obligations under this Contract or the Performance or Payment Bonds.

ARTICLE XV– NO WAIVER PROVISIONS

Neither the inspection by the Village nor by the Engineer, nor by any of their employees, nor any order, measurement or certificate of the Engineer, nor any order of the Village for payment of money, nor any money, nor any payment for or acceptance of the whole or any part of the work by the Engineer or the Village, nor any extension of time nor any possession by the Village or its employees shall operate as a waiver of any provision of this Contract or any power herein provided, nor shall any waiver of any breach of this Contract be held as a waiver of any other subsequent breach. Any remedy provided in this Contract shall be taken and construed as cumulative – that is in addition to each and every other remedy or right of action. The Village shall also be entitled as of right to an injunction against any breach of the provisions of this Contract.

ARTICLE XVI – CONTRACTOR’S SUPERINTENDENT OF WORK

The Contractor shall give their personal supervision to the faithful prosecution of the work and they shall have a competent superintendent of construction on the work who shall follow without delay all instructions of the Engineer in the prosecution and completion of the work and every part thereof. The Contractor shall furnish to the Village the name of the Superintendent in writing before the start of work. In the event that the Superintendent is replaced, the Contractor shall notify the Village immediately in writing of the name of the new Superintendent.

ARTICLE XVII – PERFORMANCE, PAYMENT AND MAINTENANCE BONDS

The Contractor shall procure and deliver to the Village at the time of execution of the Contract, a Performance Bond and a Payment Bond for the benefit of subcontractor’s employees and suppliers, both written on forms prescribed by the Village, by an insurance company satisfactory to the Village for the full amount of the contract price including all change orders and guaranteeing the complete performance of the work in accordance with the Contract.

After completion of all work to the satisfaction of the Engineer, and before final payment, the Contractor shall procure and deliver to the Village, on forms prescribed by the Village and with a surety satisfactory to the Village, a Maintenance Bond guaranteeing the work and materials for a period of eighteen (18) months from date of acceptance of the Bond by the Village Board of Trustees. Such Bond shall be written in the amount equal to the full amount of the final contract price including all change orders.

ARTICLE XVIII – INSURANCE

Before starting and until acceptance of the work, the Contractor shall procure and maintain insurance of the types and to the limits specified in Paragraphs (a) to (i), inclusive, below.

The Contractor shall require each of their subcontractors to procure and maintain, until the completion of such subcontractor’s work, insurance of the types and to the limits specified in Paragraphs (a) to (i), inclusive, below. It shall be the responsibility of the Contractor to ensure that all of their subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors. Insurance provided shall be with a carrier with an A.M. Best Rating of A- or better.

Insurance shall be in such form as will protect the Contractor or the subcontractor, as appropriate, from all claims and liability for damages for bodily injury, including accidental death, and for property damage, which may arise from operations under this contract, whether such operations be by himself or by anyone directly or indirectly employed by the Contractor. The certificate of insurance must describe the specific services provided by the Contractor (e.g., roofing, carpentry, plumbing, etc.) that are covered by the liability policies. At the Village’s request, the Contractor will provide copies of the declarations pages of the policies with a list of endorsements and forms.

There must be no coverage restrictions or coverage exclusions on any policy naming the Village as additional insured relating to NY Labor Law statutes, gravity related injuries, unsafe workplace, or injuries sustained by employees of Contractor or Subcontractors or the Contractor’s or any Subcontractor’s construction operations or demolition operations.

Evidence must be furnished that all insurance policies are fully paid through to a date at least 30 days subsequent to the anticipated completion of the work. If the initial insurance expires prior to completion of work, renewal certificates and evidence of payment shall be furnished at least ten (10) days before the date of expiration.

Except as otherwise stated, the amounts of such insurance for each policy shall be not less than:

(1) For liability for bodily injury, including accidental death, $1,000,000 for any one person and, subject to the same limit for each person, $2,000,000 on account of one accident.

(2) For liability for property damage, $1,000,000 on account of any one accident and $2,000,000 on account of all accidents.

The following types of insurance shall be provided:

(a) Workers’ Compensation and Disability Benefits Coverage as required by the Laws of the State of New York

(b) Bodily Injury Insurance, in the amounts required in (1) above

(c) Property Damage Insurance, in the amounts required in (2) above

(d) Bodily Injury Insurance covering the operation of all motor vehicles owned by the Contractor, in an amount of not less than $1,000,000 (Combined Single Limit)

(e) Umbrella or Excess Liability, in an amount of not less than $3,000,000 (Per Occurrence/Aggregate)

(f) Owner’s Protective Liability and Property Damage in the amounts required in (1) and (2) above for the sole protection of the Village

(g) The Village of Garden City shall be named as Certificate Holder and as Additional Insured on the

Insurance Certificate

(h) Waiver of Subrogation will be granted in favor of “The Incorporated Village of Garden City”

(i) Primary and Non-Contributory coverage added in favor of The Incorporated Village of Garden City.

The bodily injury and property damage insurance policies shall name the Village of Garden City as an additional insured with coverage to be extended to products/completed operations. Should insurance expire prior to the required date, the Village reserves the right, without waiving any other right specified in the Contract, to purchase insurance using monies withheld pursuant to ARTICLE XIII of the Contract.

All policies shall be so written that the Village will be notified of cancellation or restrictive amendment at least 30 days prior to the effective date of such cancellation or amendment. Any words limiting notice “to best efforts, endeavor to advise, not responsible to notify, etc.” will result in certificate being rejected.

If the initial insurance expires prior to completion of the work, renewal certificates shall be furnished by the date of expiration.

ARTICLE XIX – TITLES

The titles and phrases appearing opposite the article numbers in this agreement are inserted only as a matter of convenience and for reference, and none of such titles or phrases is for any purpose part of this agreement, or shall in any way be construed to summarize, describe, limit, or restrict the provisions, content, scope or intent of any of said articles.

ARTICLE XX

The Contractor represents that they have consulted with counsel regarding this Contract. The Contractor further represents that after having had a full opportunity of at least fourteen (14) calendar days to review and consider the terms and conditions of this Contract, and having discussed them with counsel of their own choosing, and having had sufficient time to consider the terms of and conditions of this Contract, the Contractor fully understands all of the provisions of this Contract and has executed same freely and voluntarily.

ARTICLE XXI

If one or more provisions of this Contract shall be found by a court of competent jurisdiction to be unenforceable, then the remainder of the Contract shall not be affected thereby, and all other provisions shall continue in full force and effect.

ARTICLE XXII

This Contract shall be governed by the laws of the State of New York.

ARTICLE XXIII

In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor’s actual receipt of process or upon the Village’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the Village, in writing, of each and every change of address to which service of process can be made. Service by the Village to the last known address shall be sufficient.

ARTICLE XXIV

This Contract shall be binding and inure to the benefit of the parties hereto, their distributes, legal representatives, successors and assigns.

ARTICLE XXV

Notice is hereby given that, pursuant to General Municipal Law §103(16), the Incorporated Village of Garden City may make the successful [bidder/respondent’s] bid/proposal available to any other political subdivisions or district seeking to make the same purchase of apparatus, materials, equipment or supplies, or to contract for services related to the installation, maintenance or repair thereof.

MISCELLANEOUS

Section 1.01 Notices. Any notice, request or other communication hereunder shall be given in writing and shall be served either (i) personally, (ii) by reputable overnight delivery service or (iii) delivered by certified mail, postage prepaid, certified return receipt and addressed to the following addresses:

(a) If to the Village of Garden City:

351 Stewart Avenue Garden City, New York 11530 Attn: Superintendent of Public Works

With a copy to:

Gerard Fishberg

Cullen & Dykman, LLP 333 Earle Ovington Boulevard, 2nd Floor Uniondale, New York 11553

(b) If to the [OTHER PARTY]:

Attn:

Notices shall be deemed received at the earlier of actual receipt or five (5) business days following mailing. Counsel for a party (or any authorized representative) shall have authority to accept delivery of any notice on behalf of such party.

Section 1.02 Entire Agreement. This Agreement, including the schedules and exhibits attached hereto and other documents referred to herein, contains the entire understanding of the parties hereto with respect to the subject matter hereof. This Agreement supersedes all prior agreements and undertakings between the parties with respect to such subject matter.

Section 1.03 Expenses. Each party shall bear and pay all of the legal, accounting and other expenses incurred by it in connection with the transactions contemplated by this Agreement.

Section 1.04 Time. Time is of the essence in the performance of the parties’ respective obligations herein contained.

Section 1.05 “deleted”

Section 1.06 Successors and Assigns. This Agreement shall be binding upon any permitted successors, assigns and heirs; provided, however, that neither party shall directly or indirectly transfer or assign any of its rights hereunder in whole or in part without the written consent of the other party hereto, which may be withheld in its sole discretion, and any such transfer or assignment without said consent shall be void.

Section 1.07 No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of the parties hereto, their permitted successors, assigns and heirs, and no other Person shall have any right or action under this Agreement.

Section 1.08 Counterparts. This Agreement may be executed and delivered in one or more counterparts (electronically, including by e-mail delivery of a PDF file, or otherwise), with the same effect as if all parties had signed the same document. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof. Each such counterpart shall be deemed an original, but all such counterparts together shall constitute a single agreement.

Section 1.09 Recitals, Schedules and Exhibits. The Recitals, Schedules and Exhibits to this Agreement are incorporated herein and, by this reference, made a part hereof as if fully set forth herein.

Section 1.10 “deleted”

Section 1.11 Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the Laws of the State of New York without regard to principles of conflicts of laws.

Section 1.12 Waiver of Jury Trial. Each of the parties hereto irrevocably and unconditionally waives trial by jury in any Action relating to this Agreement or the transactions contemplated hereby and for any counterclaim relating thereto.

Section 1.13 Consent to Jurisdiction

EACH OF THE PARTIES HERETO AGREE AND CONSENT TO PERSONAL JURISDICTION, SERVICE OF PROCESS AND VENUE IN ANY FEDERAL OR STATE COURT WITHIN THE STATE AND COUNTY OF NASSAU

COUNTY, EASTERN DISTRICT, NEW YORK

Section 1.14 Drafting Considerations. The parties have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Section 1.15 Legislative Appearances. Any appearance before the Village Board of Trustees, or any committee thereof for the purpose of the approval of this Agreement or any amendment thereto, are to be construed as part of the fee negotiation and approval process and vendor agrees that no fee will be charged for any such appearances.

Section 1.16 Vouchers. Payment shall only be made to vendor in arrears and shall be contingent upon vendor submitting a Village Claim Voucher accompanied by a record of hours billed and/or services performed, and indicating with reasonable specificity the services provided and the payment requested, and further certifies that the services rendered and the payment requested are in accordance with this Agreement.

Section 1.17 Timing. Vendor shall submit its claim no later than three (3) months following the Village’s receipt of the services that are the subject of the claim, and no more frequently than once per month.

Section 1.18 Confidentiality. The Vendor acknowledges that, in the course of performing services under this Agreement, Vendor may come into possession of “confidential information” (i.e., any information in whatever form that is not obliged by applicable law and/or regulation to be made available to the public by the Village; or if obliged to be made available to the public by the Village, available through specific processes of law and/or regulation).

The Vendor agrees that disclosure of confidential information by Vendor to non-Village Personnel (or to Village Personnel whom the Vendor knows or reasonably should have known are not authorized to receive such information) without obligation of law and/or outside the processes of law and/or regulation, would constitute “good cause” for immediate termination of the Vendor’s agreement with the Village. Vendor further agrees not to disclose any such confidential information to any person at any time following the expiration or termination of this Agreement until/unless such information ceases to be confidential, and is available to the public under applicable process of law. Vendor acknowledges that the foregoing obligations are in addition to (and not in limitation of) any obligations under law to maintain the confidentiality of governmental information, Vendor further acknowledges that Vendor may be liable for consequential and/or other damages for any unauthorized disclosure.

IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate, the day and year first above written.

INCORPORATED VILLAGE OF GARDEN CITY

{Village Seal} By

Date

ATTEST:

Village Clerk

Legal Name of Person, Firm or Corporation

{Corporate Seal} Signature

ATTEST:

Corporate Secretary

(Acknowledgment for Partnership)

STATE OF NEW YORK }

} SS:

COUNTY OF __________________}

On this _________________ day of _____________________________________________ 20___, before me personally came _____________________________________________________ to me known and known to me to be a member of ___________________________________________________________________________________________ the firm described in and which executed the foregoing instrument and they acknowledged to me that they subscribed the name of said firm thereto on behalf of said firm for the purpose therein mentioned.

[ATTACH: (1) CERTIFIED COPY OF RESOLUTION SHOWING

AUTHORITY OF OFFICER OR ATTORNEY-IN-FACT TO EXECUTE

BOND OIN BEHALF OF SURETY AND

(2) FINANCIAL STATEMENT]

(Notary Public)

(Acknowledgment for Individual Contractor)

} SS:

COUNTY OF __________________}

On this _________________ day of ____________________________________________ 20 ___, before me personally came ____________________________________________________________________ to me known, and known to me to be the individual described in and who executed the foregoing instrument, and duly acknowledged to me that they executed the same.

(Acknowledgment for Corporation)

} SS:

COUNTY OF __________________}

On this _________________ day of ____________________________________________ 20 ___, before me personally came ____________________________________________________________________ to me known, who being by me duly sworn, did depose and say that they reside at No. _____________________________________________________ that they are __________________________________________________________________________________________ of ________________________________________________________ the corporation described in and which executed the foregoing instrument; that they know the seal of said corporation; that the seal affixed to said instrument is such corporate seal;

that it was so affixed by order of the Board of Directors of said corporation; and that they signed their name thereto by like order.

(Village Acknowledgment)

COUNTY OF __________________}

On this _________________ day of ____________________________________________ 20 ___, before me personally came ____________________________________________________________________ to me known, who being by me duly sworn, did depose and say that they reside at No. _____________________________________________________

Garde…