Bid Specifications - Digital Scanning Capital Project.pdf

INCORPORATED VILLAGE OF GARDEN CITY

VILLAGE HALL

351 STEWART AVENUE

GARDEN CITY, NY 11530

516-465-4051(O) – 516-742-5223 (F)

Digital Scan Project Quote Request

Invitation for Bid

December 2019

Project Manual for:

CONTRACT AND SPECIFICATIONS

Digital Scan Capital Project

Karen M. Altman

Village Clerk

Inc. Village of Garden City Digital Scan Capital Project 2019

Contents

NOTICE TO BIDDERS

INFORMATION FOR BIDDERS

BID BOND

BID PROPOSAL

NON-COLLUSIVE BIDDING CERTIFICATION

IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

DEBARMENT LIST

REFERENCES

CONTRACT

PERFORMANCE BOND

SPECIFICATIONS

INFORMATION FOR BIDDERS

Garden City, NY

Documents and Specifications The documents, 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 11/27/19 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 his 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 (3) 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 his bid. If any bidder shall fail or refuse to execute and deliver the bonds and insurance required within thirty days after he has received notice of the acceptance of his bid, his certified check or bid bond shall be paid to and collected by The Village as liquidated damages for his default.

The Village reserves the right to reject any or all bids and to waive any informalities or nonconformities 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 the bidder has had sufficient experience in this type of service 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 stated 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 documents are approximate and are provided solely for the purpose of establishing a uniform basis of comparison for bids received. The quantities actually required to complete the contract of work might be less or more than estimated, and if so, no right to recover damages or loss of profits shall accrue to the successful bidder by reason thereof. Bidders will be required to provide an inventory/manifest of the actual documents prior to removal from Village property. The inventory/manifest must be itemized and must be acknowledged by the Village.

Non-Collusive Bidding Certification 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 certification on page 4A must be completed by each bidder and attached to his bid.

Site Visit The Village may require a site visit to each bidder’s facility or facilities to inspect the premises and satisfy itself that the Village documents will be stored and handled in a safe, competent and secure manner throughout performance of the project.

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:

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 he 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.

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.

It 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

By ________________________________________________________

Signature of Officer

BID PROPOSAL

Pursuant to the Notice to Bidders, dated __________________________________________

Made by________________________________________________________________________, the Vendor

Address_________________________________________________________________________________

The undersigned has carefully examined and read the Notice to Bidders, Form of Contract, Plans and Specifications, which are understood and accepted as sufficient, and hereby proposes to comply with said requirements, to furnish all the necessary superintendence, labor, materials, tools and appliances and to do all of said work in accordance with said documents, 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 Dollars Cents

#1 500,000

Business Document images scanned at (up to size

11”x17”) ** Grayscale / Black &White **

All Phases

For __________________________________________

#2 500,000

11”x17”) ** Color ** Alternative

#3 4,000

Large Format Plans scanned at (all size exceeding

For _________________________________________

#4 4,000

#5 400

35mm Rolls of Film scanned at (up to size 11”x17”) **

**Grayscale / Black & White **

For ___________________________________________

#6 400

35mm Rolls of Film scanned at (up to size 11”x17”) **

**Color ** Alternative

#7 1

Pickup and Deliveries, including supplies

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 $ ____________________________________

In Words: _____________________________________________________________________________________

TOTAL BID WITH ALTERNATIVES $ ____________________________________

In Words: _____________________________________________________________________________________

Within fifteen (15) 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 ___________________

By ________________________________________________________________________________________

[ORIGINAL SIGNATURE ONLY] [Title] [PRINT]

Address _________________________________________________________________________________________________

Telephone______________________________________ Fax _________________________________________

Federal Employer Identification Number _____________________________________________________________________

NON-COLLUSIVE BIDDING CERTIFICATION

(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 ______

By ___________________________________________________

Signature

{Affix Corporate Seal}

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_______

By _______________________________

Sworn to me this ________ day of

______________________ 20 ____

Notary Public

DEBARMENT LIST

THIS PAGE MUST BE COMPLETED BY EVERY BIDDER

REFERENCES

NAME, ADDRESS &

TEL# OF

REFERENCE

TYPE OF WORK AMOUNT YEAR WORK WAS

DONE

ONLY VENDORS EXPERIENCED IN THIS TYPE OF WORK WILL BE CONSIDERED. FAILURE TO COMPLETE THIS

PAGE COULD BE A CAUSE FOR REJECTION OF A BID.

CONTRACT

This agreement, made and executed as of the _____ day of ______________, 20____, between the Incorporated

Village of Garden City (the “Village”), a municipal corporation having its principal place of business at 351 Stewart

Avenue, Garden City, New York, and

_________________________________________________________________________ (the “Vendor”), with its principal place of business located at __________________________________________________________________.

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 Vendor 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, Information to Bidders and Bid, all of which are hereby declared a part of this Contract. For all of said work the Village agrees to pay to the Vendor the following price or prices:

Item No.

Approximate Quantities

Items With Unit Price Written in Words

Unit Bid Price Dollars Cents

Amount Bid

#1 500,000

#2 500,000

#3 4,000

#4 4,000

Large Format Plans scanned at (all size exceeding

#5 400

**Grayscale / Black & White **

#6 400

**Color ** Alternative

#7 1

Pickup and Deliveries, including supplies

WHERE APPROXIMATE QUANTITIES ARE CALLED FOR, PAYMENT SHALL BE MADE ON THE BASIS OF THE UNIT BID PRICE STATED

ABOVE. INSUCH 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 $ ____________________________________

In Words: _______________________________________________________________________________________

TOTAL BID WITH ALTERNATIVES $ ____________________________________

In Words: _______________________________________________________________________________________

ARTICLES

ARTICLE II –VILLAGE CLERK

The word "Village Clerk" or pronoun used in place thereof shall mean the Village Clerk acting directly or through her 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 this Contract without any further expense of any nature whatsoever to the Village other than the consideration specified in this Contract. The Specifications are annexed hereto and are a part of 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 III-A--NO ASSIGNMENT, SUBLETTING OR TRANSFER OF CONTRACT

The award of this Contract was based in part on the qualifications and experience of the Vendor. The Vendor shall perform work under this Contract with its own workforce. There shall be no subcontracting, assignment or other transfer of this Contract, or any work pursuant thereto, without the express written consent of the Village. Any attempt to subcontract, assign 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 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 Vendor against the Village for any such work performed unless such supplemental contract shall have been authorized by the Village Clerk prior to performance of said work.

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 Village Clerk 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 Vendor is violating any of the provisions of this Contract, the Village may, at its election notify the Vendor to discontinue work, or such part thereof, and the Vendor shall thereupon cease to have any right to possession of the Village’s documents, and the Village shall thereupon have the right by contract or otherwise, as it may determine, to seize custody of the documents and to complete the work or such part thereof and to charge the cost thereof to the Vendor. The expense so charged shall be deducted and paid by the

Village out of the moneys due or to become due the Vendor under this Contract, and the Vendor shall pay the amount of any such expense, in excess of the contract price, to the Village.

ARTICLE VI--PERFORMANCE BY VENDOR

Vendor hereby acknowledges and agrees that its performance pursuant to the Contract shall be that of an independent contractor. Vendor shall not represent itself as a Village employee to any third party, nor shall Vendor make any claim of any sort to the Village, or to any other person or entity, for benefits or privileges granted to the Village’s employees, including but not limited to Unemployment and Workers Compensation benefits. Vendor further acknowledges and agrees that the Village shall not take any deductions or withholdings from Vendor’s compensation for the purpose of paying any federal or state taxes or other assessments, costs, expenses or obligations which Vendor, or its officers, agents or employees, may incur as a result of receiving compensation pursuant to this agreement. The Vendor shall furnish at his 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 performance of the services outlined in this Contract. Additionally, Vendor shall be responsible for setting the days and hours of work for all employees who perform the services under this Contract. The Vendor 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 Vendor who shall be solely answerable for all damages to the

Village and to any other persons or property due to improper, illegal or negligent conduct of himself, his sub-Vendors, 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 Vendor 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.

Any and all work product or other deliverables prepared for the Village by Vendor shall be the property of the Village upon payment in full for all services rendered by Vendor as of the date of delivery. Vendor shall not claim intellectual property rights with respect to all or any portion of the work product or deliverables prepared for the Village.

ARTICLE VII--INDEMNIFICATION OF THE VILLAGE BY VENDOR

In case any action at law or suit in equity shall be brought against the Village, or any of its officers, employees, or agents, for or on account of the failure, omission or neglect of the Vendor or its employees or agents to do or perform any of the covenants, acts, matters or things agreed under this Contract to be undertaken or to be done or performed by the Vendor, or its employees or agents, or for any injury done to property or persons and caused by the negligence or alleged negligence of the Vendor, or its employees or agents, the Vendor 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 Vendor and the Vendor shall also indemnify and save harmless the Village, its officers, employees and agents from any and all losses, costs (including reasonable attorney’s fees) 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 Vendor.

ARTICLE VIII--COMMENCEMENT AND COMPLETION OF WORK

The Vendor agrees to commence work on each phase of the project when directed to do so by written notice from the

Village Clerk, unless unforeseen circumstances prevent such timely commencement, and acknowledges that such timely commencement constitutes a material part of the performance of this contract. The Vendor agrees that it shall complete each phase of project within 240 workdays after the date of commencement specified in the notice to proceed for that phase of the project.

The specific date for completion of a given phase of the project shall be calculated based on the date of commencement specified in the notice to proceed and shall be stated therein. The notices to proceed for each phase of the project shall be a part of this Contract and are hereby incorporated by reference. The term “workdays” shall mean each day of the week except Saturdays, Sundays and legal holidays.

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

The Village may terminate the Contract at any time, for any reason, upon delivery of written notice of termination to

Vendor. In the event the Village exercises its rights pursuant to this paragraph, Vendor shall be entitled to compensation for all services performed prior to delivery of the notice of termination, except that no compensation shall be paid to Vendor until it first returns to the Village all original records in its possession and all digital product prepared for the Village up to the date of termination.

ARTICLE VIII (a)--PROGRESS REPORTING

The Village reserves the right to require progress reports. When directed by the Village, the Vendor agrees to file progress reports with the Village of Garden City by e-mail to kaltman@gardencityny.net and acknowledges that such reports, when requested, constitute a material part of the performance of this contract. The initial report for each phase of the project must be filed within fourteen (14) calendar days from the date requested. Each successive report must be filed every 30 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) Whether the project proceeding on-time. If not, state why.

5) Whether the project proceeding within the awarded budget. If not, state why.

6) List the work expected to be performed in the next 30 calendar days.

7) List the work performed in the past 30 calendar days.

mailto:kaltman@gardencityny.net

8) Whether the work which was expected to be performed in the preceding progress report been performed in the past

30 calendar days. If not, state why.

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

10) List the digital product prepared by the Vendor pursuant to this Contract from the date of the last progress report.

ARTICLE IX--EXTENSION OF TIME

No extension beyond the dates of completion fixed by the terms of this Contract shall be effective unless in writing signed by the Village Clerk.

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 $500.00 per day is hereby agreed upon as the liquidated damages for each and every workday after the specified date of completion for a given phase 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 Vendor hereby agrees that the said sum for each such workday shall be deducted from any 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. The Village may withhold from payment to the Vendor any and all amounts assessed pursuant to this paragraph.

ARTICLE XI--COMPLIANCE WITH ALL LAWS

All applicable provisions of the laws of the United States of America and of 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 Vendor 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 Workmen's 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 Vendor's right, title, or interest therein, or of the Vendor'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 Vendor shall receive the price stipulated as full compensation for everything furnished and done by it 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

The Village will make partial payments to the Vendor each month based upon the work completed by Vendor during the preceding month, provided no payment shall be issued unless and until the Vendor delivers to the Village, or provides the Village access to, the digital product prepared by Vendor during the preceding month. 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. Payment requests are to be submitted to the Superintendent.

ARTICLE XIV--FINAL PAYMENT AND EFFECT THEREOF

Upon the completion of all work required, the Village Clerk shall file a certificate of final completion with the Village and shall provide a copy of same to the Vendor, which certificate evidences such completion. The Village shall, within thirty (30) days after such filing, pay to the Vendor the amount of the contract price less all prior payments and advances whatsoever made to or for the account of the Vendor, except as provided in Article X herein. All prior estimates and payments shall be subject to correction by this payment, the acceptance of which by the Vendor shall operate as a release to the Village of all claims of the

Vendor against the Village of any nature whatsoever. No payment, however, final or otherwise, shall operate to release the Vendor or his 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 Village Clerk, nor by any of their employees, nor any order, measurement or certificate of the Village Clerk, 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 Village nor by the Village Clerk, 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--VENDOR'S SUPERINTENDENT OF WORK

The Vendor shall give his personal supervision to the faithful prosecution of the work and shall have a competent administrator or supervisor on the work who shall follow without delay all instructions of the Village Clerk in the prosecution and completion of the work and every part thereof. The Vendor shall furnish to the Village the name of the Vendor’s administrator/supervisor in writing before the start of work. In the event the administrator/supervisor is replaced, the Vendor shall notify the Village immediately in writing of the name of the new administrator/supervisor on the project.

ARTICLE XVII--PERFORMANCE BOND

The Vendor shall procure and deliver to the Village at the time of execution of the Contract a Performance Bond 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.

ARTICLE XVIII--INSURANCE

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

The Vendor shall require each of his subcontractors (if any are authorized) 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 (f), inclusive, below. It shall be the responsibility of the Vendor to ensure that all of its subcontractors comply with all of the insurance requirements contained herein relating to such subcontractors.

Insurance shall be in such form as will protect the Vendor 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 the Vendor or by anyone directly or indirectly employed by it.

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 the 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 coverage and amounts of such insurance shall be not less than:

(a) General Liability: $1,000,000 Per Occurrence / $2,000,000 Aggregate, including Products/Completed Operations and

Contractual Liability.

(b) Automobile Liability: $1,000,000 Combined Single Limit, to cover bodily injuries and property damage resulting from the use of motor vehicles utilized by the Vendor, while such vehicles are being operated in connection with the prosecution of the work under this contract.

(c) Workers' Compensation and Disability Benefits Coverage, as required by the Laws of the State of New York.

(d) Professional Liability Coverage: $1,000,000 Each Claim / $2,000,000 Aggregate, including coverage for the accidental destruction, loss or release of records.

(e) Cyber-Liability/Privacy Insurance: $5,000,000 Each Claim / $5,000,000 Aggregate, including coverage for internet breaches and/or an Unintentional release of confidential information to include third-party liability coverage.

(f) Umbrella Liability: $3,000,000 Per Occurrence / $3,000,000 Aggregate

(g) Property: $1,000,000, including coverage for Property of Others (Records) in Your Care, Custody and Control.

(h) Crime: $5,000,000, including Client Property (Records); third-party liability coverage.

The Village of Garden City shall be named as Certificate Holder and as Additional Insured under the General Liability, Automobile Liability and Umbrella Liability policies; Additional Named Insured on the Cyber Liability/Privacy policy and Loss

Payee on the Crime coverage. All policies shall be written on a primary, non-contributory basis. Waiver of Subrogation shall apply in favor of The Village of Garden City.

All policies purchased by the Vendor pursuant to this Contract shall be written by an insurance company licensed to do business in New York with an AM Best Rating of A-VII or better. Should insurance expire prior to the date of completion of the project, 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.

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 Vendor represents that he has consulted with counsel regarding this Contract. The Vendor 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 his own choosing (if Vendor chose to do so), and having had sufficient time to consider the terms of and conditions of this Contract, the Vendor 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. Any dispute arising from the Contract shall be determined by a court of competent jurisdiction located in the State of New York, in the Counties of Nassau.

ARTICLE XXIII

In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Vendor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon

Vendor’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. Vendor 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 upon and inure to the benefit of the parties hereto, their distributees, legal representatives, successors and assigns.

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

By ________________________________________________

{Corporate Seal} Signature

Date ________________________________________________

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 he acknowledged to me that he 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 IN BEHALF OF

SURETY AND (2) FINANCIAL STATEMENT]

(Notary Public)

(Acknowledgment for Individual Vendor)

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 he executed the same.

(Acknowledgment for Corporation)

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 he resides at No.___________________________________________

______________________________________________________________________________________ that he is

______________________________________________________________________________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.

(Village Acknowledgment)

STATE OF NEW YORK _ }

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 he resides at No. _______________________________________ Garden City, Nassau County, New York, that he is the Mayor of Incorporated Village of Garden City, 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 Trustees of said corporation, and that he signed his name thereto by like order.

Village Counsel’s Approval as to Form and Execution by Vendor:

Bee Ready Fishbein Hatter & Donovan, LLP

By_______________________________________________________

Date ____________________________________________________

CONSENT OF SURETY

A performance bond will be required from the successful contractor on this project, and consequently, all bidders shall submit, with their bid, a consent of surety in substantially the following form:

To: INCORPORATED VILLAGE OF GARDEN CITY, NEW YORK

(Owner)

Re: ________________________________________________________

(Contractor)

(Project Description)

This is to certify that the _____________________________________

(Surety Company) will provide to INCORPORATED VILLAGE OF GARDEN CITY, NEW YORK a performance bond in

(Owner) the full amount of awarded contract in the event that said contractor is awarded a contract for the above project.

(Contractor)

(Authorized Agent of Surety Company)

Date: _____________________________

CONSENT OF SURETY MUST BE SIGNED BY AN AUTHORIZED AGENT OR

REPRESENTATIVE OF A SURETY COMPANY AND NOT BY THE

INDIVIDUAL OR COMPANY REPRESENTATIVE SUBMITTING THE BID.

PERFORMANCE BOND

Bond No.:

KNOW ALL MEN BY THESE PRESENTS, That we, hereinafter referred to as the “Principal”, and a corporation organized and existing under the laws of the State of , having its principal office or place of business for the State of New York at

, New York, hereinafter referred to as the “Surety”, are held and firmly bound to the Incorporated Village of Garden City, hereinafter referred to as the

“Village”, or to its successors and assigns, in the penal sum of

($___________________________________________) DOLLARS, lawful money of

The United States, for the payment of which said sum of money well and truly to be made, we and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal is about to enter, or has entered, into a Contract in writing with the

Village for a copy of which

Contract is annexed to and hereby made a part of this bond, as though herein set forth in full;

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The surety hereby waives notice of any alteration or extension of time made by the Owner.

No right of action shall accrue on this bond or to or for the use of any person or corporation other than the Village, its successors and assigns.

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 hereunto affixed and these presents to be signed by their proper officers, this _____ day of

___________________________________________ 20___.

Legal Name of Principal/Vendor

{Corporate Seal}

Title

{Corporate Seal of Surety}

Legal Name of Surety

(Acknowledgment of Principal, If an Individual)

On this _________________ day of ___________________________________________ 20 ____, before me personally came and appeared_________________________________________________________ to me known, and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same.

(Acknowledgment of Principal, If a Firm or Partnership)

On this _________________ day of __________________________________________ 20 ____, before me personally came and appeared__________________________________________________________ to me known, and known to me to be one of the members of the firm of _____________________________________

__________________________________________________described in and who executed the foregoing instrument and he acknowledged to me that he executed the same as and for the act and deed of said firm.

(Acknowledgment of Principal, If a Corporation)

On this _________________ day of ____________________________________________ 20___, before me personally came and appeared___________________________________________________________ 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 foregoing instrument; that he knows the seal of said corporation; that one of the impressions affixed to said instrument is an impression of such 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.

(Acknowledgment by Surety Company)

On this _________________ day of ____________________________________________ 20 ___, before me personally came

__________________________________________________________ to me personally known, and 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 resides at that he is the ____________________________________________________________ of the said corporation; that he knows the seal of said corporation; that the seal affixed to the 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; and that the said corporation has received from the Superintendent of Insurance of the State of New York a certificate of solvency and of its sufficiency as surety or guarantor, under the Insurance law of the State of New York as amended, and that such certificate has not been revoked.

[Attach: (1) certified copy of resolution showing authority of officer or attorney-in-fact to execute bond in behalf of

Surety and (2) financial statement]

SPECIFICATIONS

SECTION I – DOCUMENT CONVERSION SERVICES

PROJECT OVERVIEW AND SCOPE

The Incorporated Village of Garden City is interested in having certain Village records scanned and indexed. We would like to start with all the permanent records for the Clerk’s office in the Village Hall downstairs Storage B and the Cage (Estimate 436,000 files)

All Files will need to be indexed. Please see other indexing information on the following page. All of the Files contain various size business documents from mostly 8.5” x 11”, 8.5” x 14” and 8.5” x 17”.

Vendor will provide Quality Control (QC) on the scanned images. It must be done during the scanning process where each image being scanned is being viewed and then after scanning the document, re-verified in your Document Capture Software Module to ensure quality control.

The Village of Garden City has the following Files which we would like to have scanned and indexed. We are providing you an

ESTIMATE of our records and estimate the following volumes of work:

All Permanent Records in Village Hall downstairs Storage B and the Cage which includes the following (Phase I):

Approximately 300 bankers boxes

800 Rolls of 35mm Microfilm

1,000,000 Business Documents

8,000 Business Documents (Large Scale)

Index by 1. Subject (Name of File) 2. Date and 3. Department

In order to provide for secure backup and to facilitate authorized access to these records without degrading the originals due to handling the Village recognizes the need for a digital conversion.

CONVERSION PROCEDURES FOR SCANNING ALL FILES

Vendor will provide boxes and pack up the Files from the Village of Garden City.

Vendor will transport the Files to their facility.

Vendor will create an inventory/manifest of the Files in each box including the box number and document identifier at the time of packing the files. Boxes and files should be labeled with barcodes to enable proper tracking, maintain chain of custody and to fulfill timely FOIL requests. Standalone document(s) or separated drawing rolls are to be indexed as sets.

Vendor will index the Files and folders by 1. Subject (Name of File) 2. Date and 3. Department.

Vendor will create a Barcode Separator Cover Sheet for each File.

Vendor will prepare the documents for scanning which includes pulling all staples, paperclips, taping torn documents and unfolding documents so they are flat and ready to be scanned. These files will require quite a bit of preparation.

Vendor will scan all documents at a minimum of 200 DPI and will provide the best possible image for each page unless otherwise agreed upon in written format.

Vendor will scan all documents in black and white or gray scale, unless otherwise elected by Village on alternative bid quoted which all documents will need to be scanned in color or mixed settings.