BID SPEC.pdf

Lois Bronz Children’s Center Playground Rehabilitation

Town of Greenburgh Westchester County, New York

Bid Opening:

Thursday, February 22, 2024 2:00 pm Municipal Building 177 Hillside Avenue White Plains, NY 10607

NOTICE

The following pages of the Proposal require completion by the Contractor.

Failure to do so will result in an Irregular Bid.

Page # Information

Section C-1 - C-3 Bid Proposal

Section C-4 Bid Sheet (Items and Prices)

Section C-5 –C-6 Contractor’s Acknowledgment

Section C-7 Statement of Qualifications

Section C-8 Statement of Non-Collusion

Section C-9 Certificate of Authority

Section D-1 Bid Bond and Consent of Surety

Section F-7 Certification of Bidder Regarding Equal Employment Opportunity

Section I.10 - I.12 Bidder Certification

Section I.19 - I.20 Section 3 Compliance Certification to Bidder

Section I-21 – I-22 Required disclosure of relationships to County

Section I-23 Wage Rate Certification

Note: Please do not fill out the Agreement to Contract portion of this proposal.

I.

A.

B.

C.

D.

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL

FORMS

Form of Agreement

A-1

B-1 - B-4

C-1 - C-9

D-1 - D-4 Form of Bid Bond

Form of Performance Bond and Labor & Material Payment Bond

D-1

Form of General Release

Form of Maintenance Bond D-1, D-7 D-1, D-8- D-9

E.

INSURANCE

E-1 - E-3

F.

LABOR PROVISIONS

N.Y.S. Prevailing Wage Rates U.S.A. Davis Bacon Wage Rates N.Y.S. Affirmative Action Requirements Non-Discrimination Clause

F-1

F-2 - F-11 F-12 - F-13

G.

GENERAL CONDITIONS

101. Definitions

102. Superintendence of Contractor

103. Subcontracts

104. Other Contracts

105. Responsibilities of Contractor

106. Fitting and Coordination of the Work

107. Mutual Responsibility of Contractor

108. Assignment or Novation

109. Progress Schedule

110. Communications

111. Payments to Contractor

112. Changes in the Work

113. Claims for Extra Cost

114. No Options Paid

115. Time and Materials Work Notification

116. Termination; Delays and Extensions;

Liquidated Damages

117. Engineer's Authority

G-1 - G-2 G-2 G-2 G-3 G-3 G-4 G-4 G-4 G-5 G-5 G-6 - G-7 G-8 - G-11 G-11 - G-12 G-12 G-13

G-13 - G-16 G-16

Drawings

119. Requests for Supplementary Information

120. Shop Drawings

G-17 - G-18

TABLE OF CONTENTS

SECTION PAGE NUMBER

118. Technical Specifications and Contract

II.

G. GENERAL CONDITIONS (continued)

121. Samples, Certificates and Tests

G-19 - G-21

122. Materials and Workmanship G-22 - G-23

123. Permits and Codes G-23

124. Care of Work G-24 - G-25

125. Accident Prevention G-26

126. Sanitary Facilities G-26

127. Use of Premises G-27

128. Removal of Debris, Cleaning, etc. G-27

129. Layout of Work G-27

130. Blasting G-28 - G-29

131. Inspection/Acceptance of the Work G-29

132. Final Inspection G-30

133. Insurance G-30

134. Warranty of Title G-31

135. General Guarantee G-31

136. No Arbitration G-31

137. Risk of Loss G-32

138. Required Provisions Deemed Inserted G-32

139. Corrections G-32

140. Safety Provisions G-32

141. Connecting to Existing Work G-33

142. Existing Improvements G-33

143. Access to Site G-33

144. Access to Adjacent Properties G-34

145. Use of Roadways G-35

146. Indemnity Clause G-35

147. Disputes G-36

148. General Municipal Laws of New York State G-36

149. "Or Equal" Clause Unless Otherwise Specified G-37

150. Construction, Excavation and Demolition Operations at or near Underground Facilities G-37

151. Review by Owner G-37

152. Deductions for Uncorrected Work G-37

153. Patents G-38

154. Information from Owner G-38

155. Existing Utilities, Structures and Fixtures G-38

156. Control of Existing Flows G-39

157. Sewage, Surface, Groundwater & Flood Flows G-40

158. Weather Conditions/Work in Freezing Weather G-41

159. Maintenance and Protection of Traffic G-41 - G-42

160. Hours of Work G-42

161. Watchman G-42

162. Field Copies G-42

163. Emergency Work G-42

164. Protection G-43 – G-44

165. Payment for General Conditions G-43

166. Damage to Private Property G-43

167. Restoration G-44

168. Site Visitation G-44

III.

H. SPECIAL CONDITIONS H-1 – H-9

I. WESTCHESTER URBAN COUNTY COMPLIANCE INFORMATION I-1 –I-29

J TECHNICAL SPECIFICATIONS 202.1901WE-800WE

DRAWINGS Sheets 1 and 2

A-1

SECTION A

N O T I C E T O B I D D E R S

Sealed bids for the “Lois Bronz Children’s Center Playground Rehabilitation" will be received by the Town Clerk of the Town of Greenburgh, Greenburgh Town Hall, 177 Hillside Avenue, White Plains, NY 10607 until 2:00 PM on Thursday, February 22nd, 2024, at which time they will be publicly opened and read aloud in the Town Hall Meeting Room. This project consists of the removal and replacement of a playground located at the Lois Bronz Children’s Center in the Town of Greenburgh.

Plans and specifications relating to said proposal may be obtained on www.empirestatebid.com, the New York State Contract website www.nyscr.ny.gov or on the Town website: www.greenburghny.com or at the office of the Department of Public Works, Bureau of Engineering, Town Hall, 177 Hillside Avenue, White Plains, NY 10607, beginning Monday, January 29, 2024, upon deposit of Fifty ($50.00) Dollars, of which Twenty-five ($25.00) Dollars is refundable to bidders upon the return of the documents within thirty (30) days. Non-bidders shall receive the sum of Twenty-five ($25.00) Dollars upon the return of the documents within thirty (30) days. Bid documents may be obtained by mail for Ten ($10.00) Dollars additional to cover postage and handling (non-refundable).

Each bidder must deposit with his bid a certified check of not less than five percent (5%) of the base bid accompanied by a Consent of Surety from a recognized Bonding Company, or a bid bond with a Bonding Company Licensed to do business in the State of New York, in the form and subject to the conditions provided in the Information for Bidders. Said deposit will be considered as a guarantee that the bidder will enter into a contract and furnish the necessary bonds and insurance for the work, if awarded to him, and will be forfeited to the Town of Greenburgh as liquidated damages if he fails to do so, within the specified time.

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

Sealed Bids must be addressed to the Town Clerk and marked, “Lois Bronz Children’s Center Playground Rehabilitation " - due no later than 2:00 PM on Thursday, February 22nd, 2024.

Federal funds are utilized on this project and are subject to all the applicable requirements of the U.S. Department of Housing and Urban Development.

Questions regarding this contract may be directed to the Town of Greenburgh Bureau of Engineering at (914) 989-1583.

Lisa Maria Nero Town Clerk http://www.empirestatebid.com/ http://www.nyscr.ny.gov/ http://www.greenburghny.com/

SECTION B

INSTRUCTIONS TO BIDDERS

1. DOCUMENTS: Complete sets of Bidding Documents will be issued for bidding purposes as stated in the "Invitation to Bid." A complete set of Documents consists of the following:

a. A bound copy of the Specifications

b. Addenda (if any)

c. Contract Plans (if any)

2. PROPOSALS: To be considered, proposals on the forms included herein, must be a set in accordance with these Instructions to Bidders. All bids must be submitted on the prescribed forms which are bound in the specifications as Section C. All blank spaces for bid prices must be filled in, in both words and figures, either typed or in ink.

Proposals that contain any omission, erasures, alterations, additions, or items not called for in itemized Proposal, or that contain irregularities of any kind, may constitute sufficient cause for rejection of the bid. In case of any discrepancy in the price or amount bid in the Proposal, the price, as expressed in words, shall govern. All bids must be submitted in sealed envelopes addressed to Town Board, Town of Greenburgh, Westchester County, New York and be clearly identified with (1) Project Name, (2) Name of Bidder and address. Proposals shall be signed with name typed below signature. The Bidder's seal, if a corporation, shall be affixed under the Bidder's signature. Telephone or telegraphic bids will not be accepted.

NOTE: Complete bid documents must be returned intact (plans & specifications). Bid section must not be separated from the bound specifications book.

Contractor must complete certifications in Section I "Compliance Information Westchester Urban County & Participating Municipalities" in order for their bid to be considered valid.

3. QUALIFICATIONS OF BIDDERS: The Owner may make such investigations as he deems necessary to determine the qualifications of the Bidder to perform the work, and the Bidder shall furnish information and data for this purpose as may be required. The Owner reserves the right to reject any bid if the evidence submitted by a Bidder, or the investigation of such Bidder, fails to satisfy the Owner, that such Bidder is properly qualified to carry out obligations of the Contract and to complete the work contemplated therein within the time designated. Fraudulent statements shall cause rejection of Proposal and forfeiture of bid security.

B-1

4. CONDITIONS OF WORK: Each Bidder must inform himself fully of conditions relating to the construction and labor under which work will be performed. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract and to complete the work for the consideration set forth in his Bid. Bidders' attention is directed to Paragraph 1 of the Bid Proposal, in which the Bidder certifies that he has examined the site. If rock probes or test borings have been made by the Owner, they will be made available to the Contractor for inspection on the same conditions. Bid shall include the complete costs of furnishing all materials, with the Drawings and Specifications and all other expenses incidental thereto. Local and State sales taxes shall not be included in the bid. Insofar as possible, any Contractor in the carrying out of his work must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor, or of the proper functioning of the existing facilities of adjacent or contingent properties.

5. ADDENDA AND INTERPRETATION: Every request for information or interpretation of

Bidding Documents or Drawings must be addressed in writing to the Commissioner of Public Works, Town of Greenburgh and, to be given any consideration, must be received at least ten (10) days prior to the date fixed for the opening of bids. Any and all such interpretations, any supplemental instructions, will be in the form of written Addenda and will be mailed to all prospective Bidders. The failure of any Bidder to receive any such addenda will not relieve the Bidder of any obligation under his Bid submitted. Any Addenda so issued shall become part of the Bidding Documents. Reception of Addenda shall be noted on the "Bid Form."

6. BID SECURITY: Each bidder is required to deposit at the time of submission of his bid, a

Bid Bond or certified check in an amount representing five percent (5%) of his bid payable to the Owner, which amount the Bidder agrees is to be forfeited as liquidated damages and not as a penalty if in case he is awarded the contract, and he shall thereafter fail to execute a Contract with the Owner under the conditions of this Proposal or to furnish the bonds required for the faithful performance of this Contract. Bidders who submit certified checks must accompany them with a Consent of Surety from a recognized Bonding Company agreeing to supply a Performance Bond and Labor and Materials Bond if the contract is awarded to the Bidder.

Such bid security will be returned to all except the three lowest formal Bidders within three days after the formal opening of the Bids, and the remaining bid security will be returned to the other bidders after the Owner and the accepted Bidder have executed the Contract Documents. In the event no Contract has been so executed within forty-five (45) calendar days after the date of the opening of bids, upon the demand of the Bidder, so long as he has not been notified of the acceptance of his bid, his bid security will be returned. The Bid Security of the successful Bidder will be retained until the filing and approval of the bonds and insurance.

B-2

7. INSURANCE REQUIRED: The successful Bidder will be required to procure any pay for the following types of insurance, in accordance with the provision listed in Pages E-1 through E-3.

a. General Liability Insurance

b. Automobile Liability Insurance

c. Compensation, Disability and Employer's Liability Insurance

d. Unemployment Insurance

8. SECURITY FOR FAITHFUL PERFORMANCE: The Contractor shall, prior to execution of the Contract submit two separate executed bonds, (1) a Performance Bond in an amount equal to one hundred percent (100%) of the accepted bid as security for the faithful performance of the terms, covenants and conditions of the Contract; and (2) a Labor and Material Payment Bond for the full amount of the Contract price guaranteeing the full payment of all persons performing labor or furnishing material or rentals, under the contract.

The Bonds shall be prepared as specified in Section D - Form of Performance Bond and

Labor and Material Bond, and shall have as Surety thereon such Surety Company or companies as are acceptable to the Owner and are authorized to transact business in the State of New York.

In addition, at the time of final payment, a two year Maintenance Bond guaranteeing against defective materials and workmanship will be required in an amount equal to one hundred percent (100%) of the contract amount.

9. FORM OF AGREEMENT: The form of agreement is included in these documents in

Section D.

10. AWARD: The contract will be awarded to the lowest responsible bidder pursuant to the provisions of the General Municipal Law. The Town Board reserves the right to determine responsibility based on an evaluation of the Contractor's qualifications, experience, organization, finances, past performance, and other applicable factors. The Town Board further reserves the right to reject any and all bids.

11. OWNER: Town of Greenburgh, Westchester County, New York.

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

B-3

13. REQUIRED SUBMISSIONS: Prior to award, the successful bidder will be required to meet the following requirements:

a. The successful bidder must provide the Town with a certificate issued by the

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

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

15. AFFIRMATIVE ACTION REQUIREMENTS: All bidders shall complete and submit the certification form contained in Section I, "Affirmative Action Requirements, Equal Employment Opportunity", indicating that they will comply with the provisions of the Westchester Plan incorporated in Section I, Part I , "Affirmative Action Requirements, Equal Employment Opportunity" to be considered for the award of non-exempt Federal and Federally assisted construction contracts in Westchester County, New York, for the applicable calendar year. Those ranges specified in Part II have been developed upon the findings made and the negotiated goals established by the parties to the Westchester Plan.

B-4

SECTION C

BID PROPOSAL

LOIS BRONZ CHILDREN’S CENTER PLAYGROUND REHABILITATION

TOWN OF GREENBURGH

WESTCHESTER COUNTY, N.Y

TO: Bid Submitted By:

The Town Board Town of Greenburgh Town Hall (Name) 177 Hillside Avenue White Plains, NY 10607

(Address)

(Telephone No.)

(Federal ID Number)

1. I/We do hereby declare that I/we have carefully examined the Instructions to Bidders, the

Plans, Profiles and other drawings and the Specifications relating to the above entitled matter and the work, and have also examined the site.

2. I/We do hereby offer and agree to furnish all materials, to fully and faithfully construct, perform and execute all work in the above titled matter in accordance with the Plans, Drawings, and Specifications relating thereto, and to furnish all labor, tools, implements, models, forms, transportation and materials necessary and proper for the purpose for the price/prices as given on the bid forms.

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

4. I/We do hereby agree that I/we will execute a contract therefore, containing all the terms, conditions, provisions, and covenants necessary to complete the work according to the Plans and Specifications therefore within fifteen (15) business days after the award of the contract, and if I/we fail to execute said contract within said period of time, that the Town Board shall have the power to rescind said award and also that the said Board shall retain the proceeds of the certified check, or require the payment of the sum of the bid bond. The Contract execution will serve as the official notification to commence work.

5. I/We do also declare and agree I/we will commence the work within five (5) days after the contract execution and will complete the work fully and in every respect on or before the time specified in said contract an do authorize the said Board, in case of failure to complete the work within such specified time, to employ such men, equipment and materials as may be necessary for the proper completion of said work and to deduct the cost thereof from the amount due under the contract. I/we further agree that the Owner may deduct for liquidated damages the sums set forth in the Special Conditions if I/we fail to complete the work within the time limits specified.

C-1 SECTION C (cont.)

BID PROPOSAL (cont.)

6. I/We hereby affirm that by submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under the penalty of perjury, that to the best of knowledge and belief;

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

(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 or not to submit a bid for the purpose of restricting competition; and

(d) No member of the Town Board or any officer or employee of the Town of Greenburgh, New

York, or person whose salary is payable in whole or in part from the said Town Treasury is, shall be or become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise, in this bid, or in the performance of the Contract, or in the supplies, materials or equipment and work or labor to which it relates, or in any portion of the profits thereof.

7. I/We hereby further agree that this proposal is a firm bid and shall remain in effect for a period of at least forty five (45) calendar days from the date of the opening bids, and that within said period of forty five (45) days, the Town will accept or reject this proposal, or this time period may be extended by mutual agreement.

8. I/We do hereby declare that, if this is a corporate bid, I have been duly authorized to act as the signator on this proposal in behalf of this corporation.

9. I/We hereby affirm that I/we will adhere to the requirements of the attached "Affirmative

Action Certification."

10. I/We hereby affirm, under penalty of perjury, the truth of all statements in this proposal.

11. I/We will accept, in full payment for the completed work, the following unit prices as my/our base bid.

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

13. I/We I/We do hereby declare that I/we will perform at least 51% of the work.

14. All work shall be completed within ninety (90) calendar days from the commencement of the work.

C-2

Date:

(Legal Name of Bidder)

(Authorized Signature)

Corporate Seal (if incorporated)

Bidder acknowledges receipt of Addenda as follows:

(Signature)

C-3

(Unit Price)

CONTRACTOR'S ACKNOWLEDGMENT

(If Corporate)

STATE OF NEW YORK )

)ss

COUNTY OF WESTCHESTER )

On this___day of , 20__, before me personally came to me known and known to me to be the of the corporation described in and which executed the within instrument, who being by me duly sworn did depose and say that he/she said resides at and that he/she is of said corporation and knows the corporate seal of the said corporation; that the seal affixed to the within instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his name thereto by like order.

Notary Public

(If Individual)

STATE OF NEW YORK )

)ss

COUNTY OF WESTCHESTER )

On this ____ day of , 20___, before me personally came to me known, and known to me to be the same person described in and who executed the within instrument and he/she duly acknowledged to me that he/she executed the same for the purpose herein mentioned and, if operating under the trade name, that the certificate required by the New York State General Business Law Section 130 has been filed with the County Clerk of Westchester County.

(If Co-Partnership)

STATE OF NEW YORK )

On this _____day of , 20___, before me personally came to me known, and known to me to be a member of the firm of and the person described in, and who executed the within instrument in behalf of said firm, and he/she acknowledged to me that he/she executed the same in behalf of, and as the act of said firm for the purposes herein mentioned and that the certificate required by the New York State General Business Law Section 130 has been filed with the County Clerk of Westchester County.

C-5

(If Corporation/Sole Officer)

STATE OF NEW YORK )

On this day of , 20 ___, before me personally came to me known and (Name) known to me to be the

(Title) of _______________________________________ the corporation described in and which (Name of Corporation) executed the within instrument, who being by me duly sworn did depose and say that he/she, resides at and that he/she signed the within instrument, on behalf of said corporation, in his/her capacity as the and sole officer and director of said corporation

(Title) and that he/she owns all the issued and outstanding capital stock of said corporation.

LIMITED LIABILITY COMPANY ACKNOWLEDGMENT

STATE OF NEW YORK )

On this day of , 20____, before me personally came to me known to be the

(Name of individual who signed agreement) individual who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that (s)he is (the)(a) of

(member)(manager) (name of limited liability company) a________________________________limited liability company, and that (s)he has authority

(name of state) to sign the same, and acknowledged that (s)he executed the same as the act and deed of said limited liability company.

Sworn to before me this day of , 20__

C-6

STATEMENT OF QUALIFICATIONS

The following is a list of places where we have performed work of similar character and magnitude, together with references:

LOCATION

DESCRIPTION

OF WORK

APPROXIMATE

COST

NAME & PHONE OF

ENGINEER/OWNER

The full name and places of residence of all persons and parties interested as principals in the foregoing proposal are as follows:

C-7

NON-COLLUSIVE BIDDING CERTIFICATION

(To be completed by Each Bidder)

Date:

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.

I hereby affirm under the penalties of perjury that the foregoing statement is true.

Company

By

Title

Address

Phone

C-8

CERTIFICATE OF AUTHORITY

I, (Officer other than officer executing proposed documents) certify that I am of the (Title)

(Name of Contractor)

(the "Contractor"), a corporation duly organized and in good standing under the

(Law under which organized, e.g., the New York Business Corporation Law) named in the foregoing agreement; that________________________________________ (Person executing proposal documents) who signed said agreement on behalf of the Contractor was, at the time of execution the

____________________________ of the Contractor; that said agreement was duly signed for an on_____________________________________________________________________

(Title of such person)

Behalf of said Contractor by authority of its Board of Directors, thereunto duly organized, and that such authority is in full force and effect at the date hereof.

(Signature)

(SEAL)

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 the___________________of_______________________, the Corporation described in and which executed the above certificate, who being by me duly sworn did depose and say that he/she, the said resides at and that he/she is of said Corporation and knows the Corporate Seal of the said Corporation; that the seal affixed to the above certificate is such Corporate Seal and that it was so affixed by order of the Board of Directors of said Corporation, and that he/she signed his/her name thereto by like order.

Notary Public

C-9

Lois Bronz Children's Center Playground Rehabilitation

ITEM APPROXIMATE

NO. QUANTITIES

202.1901WE 2 EA Small Structure Removals, Planters $ __________ _______ $

202.1902WE 5 EA Large Structure Removals, Playground Structures

202.1903WE 463 LF Remove Existing Fence, Curb Wall with Fence $ __________ _______ $

202.1906WE 2 EA Relocate Ex. Plastic Shed $ __________ _______ $

203.02 334 CY UNCLASSIFIED EXCAVATION AND DISPOSAL $ __________ _______ $

206.0101WE 34 CY Rock Excavation $ __________ _______ $

206.05 1 EACH TEST PIT EXCAVATION $ __________ _______ $

CTS.

ITEMIZED PROPOSAL

PAY ITEM UNIT BID PRICE AMOUNT BID

DOLLARS CTS.UNIT DESCRIPTION DOLLARS

COMPLETE THIS FORM USING BLACK INK ONLY C-4(Page 1 of 6)

NO. QUANTITIES CTS.

ITEMIZED PROPOSAL

PAY ITEM UNIT BID PRICE AMOUNT BID

DOLLARS CTS.UNIT DESCRIPTION DOLLARS

207.21 324 SY GEOTEXTILE SEPARATION $ __________ _______ $

209.13 113 LF SILT FENCE-TEMPORARY $ __________ _______ $

209.190201 230 SY ROLLED EROSION CONTROL PRODUCT, CLASS

II TYPE B,INTERMEDIATE $ __________ _______ $

209.22 70 SY CONSTRUCTION ENTRANCE $ __________ _______ $

607.0512WE 171 LF Furnish and Install Chain Link Fence, 4'-0" ht. $ __________ _______ $

607.0513WE 3 EA Furnish and Install Chain Link Fence Gates, 4'-0" ht. $ __________ _______ $

607.0514WE 185 LF Furnish and Install Chain Link Fence , 8'-0" ht. $ __________ _______ $

608.020102 308 TON Hot Mix Asphalt (HMA) Sidewalks, Driveways $ __________ _______ $

COMPLETE THIS FORM USING BLACK INK ONLY C-4(Page 2 of 6)

NO. QUANTITIES CTS.

ITEMIZED PROPOSAL

PAY ITEM UNIT BID PRICE AMOUNT BID

DOLLARS CTS.UNIT DESCRIPTION DOLLARS

608.0312WE 1460 SF Rubber Safety Surfacing $ __________ _______ $

609.0210WE 400 LF Cobble Block Curb $ __________ _______ $

609.04WE 184 LF Install 8" Concrete Curb for 4'-0" Chain Link Fence $ __________ _______ $

610.1101 4 CY MULCH FOR PLANTING TYPE A, B & D - WOOD

CHIPS AND SHREDDEDBARK $ __________ _______ $

610.1403 25 CY TOPSOIL - LAWNS $ __________ _______ $

610.1602WE 230 SY Turf Establishment - Lawn and Mowing/Watering $ __________ _______ $

611.0181 3 EA Planting - Major Deciduous Trees - 3 1/2" Cal., B&B $ __________ _______ $

COMPLETE THIS FORM USING BLACK INK ONLY C-4(Page 3 of 6)

NO. QUANTITIES CTS.

ITEMIZED PROPOSAL

PAY ITEM UNIT BID PRICE AMOUNT BID

DOLLARS CTS.UNIT DESCRIPTION DOLLARS

611.0211 2 EA Planting - Minor Deciduous Trees - 6'7' ht. Multistem;

B&B $ __________ _______ $

611.1701WE 5 EA Irrigation Bag $ __________ _______ $

615.0301WE 1 EA Furnish & Install Toddler Play Structure $ __________ _______ $

623.12 144 CY CRUSHED STONE (IN-PLACE MEASURE) $ __________ _______ $

627.50140008 382 LF CUTTING PAVEMENT $ __________ _______ $

660.10WE NEC LS Utility Location and Markout LS $

Subtotal of All Items Above: $

COMPLETE THIS FORM USING BLACK INK ONLY C-4(Page 4 of 6)

NO. QUANTITIES

615.0302WE 1 LS Furnish & Install Music Equipment $ $

DOLLARS CTS.

Gross Sum of Alternate A Bid, Written in Figures: $

UNIT DESCRIPTION DOLLARS CTS. DOLLARS CTS.

Lois Bronz Children's Center Playground Rehabilitation

ITEMIZED PROPOSAL - ALTERNATE A

PAY ITEM UNIT BID PRICE AMOUNT BID

COMPLETE THIS FORM USING BLACK INK ONLY C-4(Page 5 of 6)

DOLLARS CENTS

TOTAL BID FOR "BASE BID (Written in Figures) $

DOLLARS CENTS

TOTAL BID FOR "BASE BID" + ALTERNATE A (Written in Figures) $

CONTRACTOR:

ADDRESS:

BY:

DATE:

COMPLETE THIS FORM USING BLACK INK ONLY Page C-4 (6 of 6) v SECTION D

FORM OF AGREEMENT

The Contract form will be as shown on Pages D-2 through D-4.

FORM OF BID BOND

The Bid Bond form will be the "Bid Bond" A.I.A. Document A310, Dated, February 1970

FORM OF PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

The form of Performance Bond and Labor and Material Payment Bond, will be the "Performance Bond and Labor and Material Payment Bond," A.I.A. Document A311, Dated February 1970

FORM OF GENERAL RELEASE

The form of General Release is included on Page D-9

FORM OF MAINTENANCE BOND

The form of Maintenance Bond will be shown on Pages D-10 and D-11

PROJECT: LOIS BRONZ CHILDREN’S CENTER PLAYGROUND REHABILITATION

BID DATE: Thursday, February22, 2024 at 2pm

AGREEMENT

THIS AGREEMENT, made this day of , 20__, by and between

(a corporation organized and existing under the state of

)*(a partnership consisting of

)*(an individual trading as

)*(hereinafter called the "Contractor" and Town of Greenburgh hereinafter called the "Owner."

WITNESSETH, that the Contractor and the Owner for the considerations stated herein mutually agree as follows:

Article 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment and services, including utility and transportation services and perform and complete all work and required supplemental work for the completion of this Contract in strict accordance with the hereinafter referenced Contract Documents, including all Addenda thereto, numbered .

Article 2. The Contract Price. The Owner will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in the bid for the respective items of work completed, subject to additions and deductions as provided in the Section – Changes in the work in the General Conditions.

*Strike out the two terms not applicable.

D-2

Article 3. Contract Documents. The Contract Documents shall consist of the following (including their attachments and exhibits):

a. This agreement g. General Conditions

b. Addenda (if any) h. Special Conditions

c. Invitation for Bids i. Technical Specifications

d. Instructions to Bidders j. Drawings (as listed in the

e. Signed Copy of Bid, with all Schedule of Drawings) attachments required for the k. Payment & Performance Bonds bidding. l. Certificates of Insurance

f. Westchester Urban County Compliance m. All other terms contained herein

This Agreement, together with other Documents enumerated in this Article 3, which said other Documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part of this Contract conflicts with any provision of any other component, the part first enumerated in this Article 3 shall govern, except as otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in five (5) original copies on the day and year first above written.

ATTEST:

(Contractor)

By:

Title:

Town of Greenburgh (Owner)

By:

(Paul J. Feiner, Supervisor)

D-3

STATE OF NEW YORK

SS.

COUNTY OF WESTCHESTER

On the day of , 20 , before me personally came Paul J. Feiner to me known, who, being by me duly sworn, did depose and say that he resides in Greenburgh, New York; that he is the Supervisor of the Town of Greenburgh, the municipal corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was affixed by order of the Town Board of the said corporation and that he signed his name thereto by like order.

On the day of 20_ , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides in that he is the of the corporation described in and which executed the foregoing instrument; that he knows 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 he signed his name thereto by like order.

D-4

CORPORATE ACKNOWLEDGMENT

On the day of 20__ , before me personally came

, to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that it was so affixed by authority of the Board of Directors of said Corporation and that he signed his/her name thereto by like order.

SURETY ACKNOWLEDGMENT

On the day of , 20 , before me personally came did depose and say that he is an Attorney-in-Fact of , the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he signed the within instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said Corporation and by authority of the standing resolutions thereof.

ATTACHMENT:

1. POWER OF ATTORNEY

D-5

On the day of , 20 , before me personally came did depose and say that he resides at;

that he is the of , the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that it

On the day of , 20 , before me personally came did depose and say that he is an Attorney-in-Fact of , the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he

1. POWER OF ATTORNEY

D-6

GENERAL RELEASE

(To be submitted with requisition for final payment)

KNOW ALL MEN BY THESE PRESENTS, that, (Contractor) for and in consideration of the sum of (full amount of contract) lawful money of the United States of America, to it in hand paid by the Town of Greenburgh, have remised, released, quit-claimed, and forever discharged, and by these presents do for its successors and assigns remise, release, quit-claim, and forever discharge the said Town of Greenburgh, and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contract, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law and equity, which against the said Town of Greenburgh he now has, ever had, or which he or his heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with contract entered into between parties hereto, dated , 20 , and any admittance or supplements thereto.

IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its , this day of , 20 .

Principal:

(Corporate Seal)

STATE OF NEW YORK

SS.

COUNTY OF WESTCHESTER

On the day of , 20 , before me personally came , to me known, who, being by me duly sworn, did depose and say that (s)he resides in ;

that he is the of the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that it was so affixed by authority of the Board of Directors of said Corporation and that he signed his/her name thereto by like order.

D-7

FORM OF MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, (hereinafter called the Principal) as

Principal and the , a Corporation with an office and place of business for the State of New York at

(hereinafter called the Surety), are held and firmly bound unto the

(hereinafter called the Obligee) as Obligee in the sum of:

($ ) DOLLARS, lawful money of the money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

Signed, sealed and dated this day of , 20 .

WHEREAS, the Principal heretofore entered into a written contract with Obligee for (enter project name here)

WHEREAS, the Contract provides that the Principal shall guarantee

NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemnify the Obligee against loss by reason of his materials or workmanship which may appear in the work under said contract within the period of two year (s) from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect.

CONTRACTOR AS PRINCIPAL: SURETY:

Company: Company:

Signature: Signature:

Corporate Corporate Seal Seal (Contractor) (Surety)

(Corporate and Surety Acknowledgments must be notarized; see page D-11)

D-8

On the day of , 20 , before me personally came

, to me known, who, being by me duly sworn, did depose and say that he resides in ;

that he is the of , the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and that it

On the day of , 20 , before me personally came did depose and say that he is an Attorney-in-Fact of , the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he

1. POWER OF ATTORNEY

D-9

SECTION E

INSURANCE

1. Insurance required to be provided by Contractor and Subcontractor shall comply with this section naming the Certificate Holder the Town of Greenburgh (“Owner”) and Others named additionally insured (“Others”). Additionally insured shall include the County of Westchester. ALL POLICIES shall include: (a) endorsement of the Work description, contract name, number and location. (b) an endorsement that the Insurance Company will give at least thirty (30) days written notice to the Client and Engineer prior to any modification or cancellation of any such policy, (c) an endorsement that the Contractor will be responsible for the payment of all premiums and/or charges, and (d) an endorsement as follows: "This policy is issued in compliance with the requirements of the Contract, Contract Documents for the Project and issuing Company/Agent is fully cognizant of the requirements as stated therein." Insurance policies shall be from insurance companies licensed in the State of New York carrying a Best's financial rating of A or better. The Contractor shall also require all sub-Contractors, agents and vendors to provide and maintain the insurance set forth herein.

a. General Liability Insurance with a single limit of liability per occurrence for bodily injury and property damage of $1,000,000. The Certificate of Insurance shall indicate the following coverage:

(1) Premises - Operations;

(2) Contractual as respect this contract including the indemnification set forth in Section

146 - Indemnity Clause of the General Conditions.

(3) Any deductibles shall not be the liability of the Town of Greenburgh.

b. Owners and Contractors Protective Liability Policy - $1,000,000 single limit endorsed that Town of

Greenburgh is not responsible for premium.

c. Automobile Liability Insurance with a single limit of liability per occurrence for bodily injury and per occurrence for property damage at $1,000,000. This insurance shall include coverage for:

(1) Owner automobiles;

(2) Hired automobiles;

(3) Non-owned automobiles.

d. Compensation, Disability and Employer's Liability Insurance The Contractor shall take out and maintain during the life of this contract the statutory Workmen's Compensation, Disability, and Employer's Liability Insurance for all of his employees to be engaged in work on the project under this Contract and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation, Disability, and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.

E-2

The Contractor for the agreed consideration, promises and agrees to pay the contributions measured by the wages of its employees required by State Unemployment Insurance Laws and all amendments thereto, and to accept the account of any contribution measured by the wages as aforesaid of employees of the Contractor and its Subcontractors assessed against the Owner under the authority of said law. This insurance should be provided on Form C 105.2. Where an applicant claims to not be required to carry either a Workers’ Compensation Policy or Disability Benefits Policy, or both, the employer must compete NYS form CE-200, available to download at http://www.wcb.ny.gov/. If the employer is self-insured for Worker’s Compensation, he/she should present a certificate from the New York State Worker’s Compensation Board evidencing that fact (Either SI-12 Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self-Insurance). Location of operation shall be "All locations in Westchester County, New York."

e. Unemployment Insurance - The Contractor for the agreed consideration, promises and agrees to pay the contributions measured by the wages of his employees required by State Unemployment Insurance Laws and all amendments thereto, and to accept the account of any contribution measured by the wages as aforesaid of employees of the Contractors and his subcontractors assessed against the owner under the authority of said law.

2. All policies and certificates of insurance of the Contractor shall state that “the Town of Greenburgh and the County of Westchester is an additional insured" under the policy.

3. The Contractor, as part of the Contract, shall agree to the following clauses for all policies and certificates of insurance:

a. The insurance companies issuing the policy or policies shall have no recourse against the

Town of Greenburgh for payment of any premiums or for assessments under any form of policy.

b. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of the Contractor. The Contractor agrees to indemnify and hold harmless the Town of Greenburgh and it offices, employees, agents and officials for any and all such deductibles.

c. In case of cancellation or material change in any of the policies, thirty (30) days notice shall be given to the Town Engineer, Town of Greenburgh, 177 Hillside Avenue, Greenburgh, New York 10607, by registered mail, return receipt requested.

4. All property losses shall be made payable to and adjusted with the Town.

5. All policies of insurance shall be acceptable to and approved by the Department of Law prior to the inception of any work.

6. Other coverage may be required by the Town of Greenburgh based on specific needs.

E-2

7. I, at any time, any of the said policies shall be or become unsatisfactory to the Town, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Town, the Contractor shall promptly obtain a new policy, submit the same to the Department of Law of the Town of Greenburgh for approval and submit a certificate thereof as herein above provided. Upon failure of the Contractor to furnish, deliver and maintain such insurance as above provided, this contract, at the election of the Town, may be forthwith declared suspended, discontinued or terminated. Failure of the Contractor to take out and/or to maintain or the taking out and/or maintenance of any required insurance, shall not relieve the Contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor.

8. In the event that claims in excess of these amounts are filed by reason of any operations under the contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish such additional security covering such claims.

9. To the fullest extent permitted by law, the Contractor agrees to protect, defend, indemnify and hold the Owner and Others, and their respective directors, officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance by the Contractor and any and all Subcontractors hereof. Without limiting the generality of the foregoing, any and all claims, etc., relating to personal injury, death, damage to property, defects in materials and workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at its sole expense and agrees to bear all other costs and expenses related thereto, even if it (claims, etc.) is groundless, false, or fraudulent. In any case in which such indemnification would violate Section 5-322.1 of the New York General Obligations Law, or any other applicable legal prohibition, the foregoing provisions concerning indemnification shall not be construed to indemnify the Owner and Others for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Owner or Others and their employees.

E-3

NEW YORK STATE AFFIRMATIVE ACTION REQUIREMENTS

(BID CONDITIONS - EQUAL EMPLOYMENT OPPORTUNITY)

F-2

PART I:

The provisions of this Part I apply to bidders, contractors and subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with labor organizations and who together with such labor organizations have agreed to the Westchester County, New York area Equal Employment Opportunity Agreement…