DPW Retaining Wall Replacement - Final-2.pdf

RETAINING WALL

REPLACEMENT AT TOWN OF

GREENBURGH DPW YARD

TOWN OF GREENBURGH

WESTCHESTER COUNTY

NEW YORK

Prepared By:

The Town of Greenburgh Department of Public Works Bureau of Engineering 177 Hillside Avenue Greenburgh, NY 10607 (914)-989-1583 June 2026

TABLE OF CONTENTS

SECTION PAGE NUMBER

A. NOTICE TO BIDDERS A-1

B. INSTRUCTIONS TO BIDDERS B-1 - B-4

C. BID PROPOSAL C-1 - C-7

D. FORMS

Form of Agreement D-1 - D-4.2 Form of Bid Bond D-1 Form of Performance Bond and Labor & Material Payment Bond D-1, D-5 - D-7.1 Form of General Release D-1, D-8 Form of Maintenance Bond D-1, D-9 - D-10

E. INSURANCE E-1 - E-3

F. LABOR PROVISIONS

Title F-1 N.Y.S. Affirmative Action Requirements F-2 - F-12 Non-Discrimination Clause F-13 - F-14 N.Y.S. Prevailing Wage Rates

G. GENERAL CONDITIONS

101. Definitions G-1 - G-2

102. Superintendence of Contractor G-2

103. Subcontracts G-2 - G-3

104. Other Contracts G-3

105. Responsibilities of Contractor G-3

106. Fitting and Coordination of the Work G-4

107. Mutual Responsibility of Contractor G-4

108. Assignment or Novation G-4

109. Progress Schedule G-4 - G-5

110. Communications G-5

111. Payments to Contractor G-6 - G-8

112. Changes in the Work G-8 - G-11

113. Claims for Extra Cost G-11 - G-12

114. No Options Paid G-12

115. Time and Materials Work Notification G-13

116. Termination; Delays and Extensions;

Liquidated Damages G-13 - G-16

117. Engineer's Authority G-16

118. Technical Specifications and Contract Drawings G-16

119. Requests for Supplementary Information G-16 - G-17

120. Shop Drawings G-17 - G-18

I.

G. GENERAL CONDITIONS (continued)

121. Samples, Certificates and Tests G-19 - G-22

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

123. Permits and Codes G-23 - G-24

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 - G-30

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 - G-34

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 - G-38

152. Deductions for Uncorrected Work G-38

153. Patents G-38

154. Information from Owner G-38

155. Existing Utilities, Structures and Fixtures G-38 - G-39

156. Control of Existing Flows G-39 - G-40

157. Sewage, Surface, Groundwater & Flood Flows G-40 - G-41

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-43

163. Emergency Work G-43

164. Protection G-43 - G-44

165. Payment for General Conditions G-44

166. Damage to Private Property G-44

167. Restoration G-44 - G-45

168. Site Visitation G-45

II.

H. SPECIAL CONDITIONS (201-209) H -1 – H -2

I. TECHNICAL PROVISIONS 98 Pages

J. SCHEDULE OF DRAWINGS 21 Drawings

III.

Wednesday, August 5, 2026.

A non-mandatory site visit is scheduled for Monday, July 20, 2026 at 9:00 AM at the DPW Yard. Interested bidders shall contact Michael Sicuranzo at 914-989-1586 or email at msicuranzo@greenburghny.gov to sign up for the site tour.

Questions regarding this contract may be directed to Michael Sicuranzo. Last day to receive questions is July 24, 2026 at 4:00 PM.

Camille Sgaglio

Bureau of Engineering

A-1

Replacement at Town of Greenburgh DPW Yard" - due no later than 3:00 P.M., Sealed Bids must be addressed to the Town Clerk and marked, “Retaining Wall or all bids.

performance, and other applicable factors. The Town Board further reserves the right to reject any an evaluation of the Contractor's qualifications, experience, organization, finances, past

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 reconstruction of approximately 400 linear feet of retaining wall consisting of steel soldier piles encased in concrete drilled shafts with precast concrete lagging wall.

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 at the Dollars is refundable to bidders upon the return of the documents within thirty (30) days. Non- Town of Greenburgh website: www.greenburghny.com, beginning Friday, July 10, 2026.

Each bidder must deposit with their 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 they fail to do so, within the specified time.

This project involves the demolition of the existing timber retaining wall and the

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

Sealed bids for the “Retaining Wall Replacement at Town of Greenburgh DPW Yard" will be received by the Town Clerk of the Town of Greenburgh, Greenburgh Town Hall, 177 Hillside Avenue, White Plains, NY 10603 until 3:00 P.M. on Wednesday, August 5, 2026 and will be publicly read aloud in the Town Hall Meeting Room.

https://us02web.zoom.us/j/82362848570?pwd=cFZkMkp3K3plVWUrOElqOGpHWU5OUT09 mailto:CZupcak@greenburghny.com mailto:aviviano@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.

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.

B-4

C-1

SECTION C - BID SHEET

Retaining Wall Replacement at Town of Greenburgh DPW Yard

TOWN OF GREENBURGH, NY

NOTE: Unit prices include all work necessary to complete, in place, each listed item including, but not limited to, labor, materials and incidentals. Unit prices are to be written in both words and numbers. In case of a discrepancy, those shown in words shall govern. All prices are to be in dollars and cents.

ITEM

NO.

ESTIMATED

QUANTITY

UNIT

ITEM WITH UNIT PRICES

(IN WORDS)

UNIT PRICE

(IN NUMBERS)

EXTENSION

EST. QTY. X

UNIT PRICE

201.06 1 LS Clearing and Grubbing

Per Lump Sum

203.07 3,400 C.Y. Select Granular Fill

Per Cubic Yard

207.26 6400 S.F. Prefabricated Composite

Structural Drain

Per Square Foot

552.2001 630 L.F. Predrilled Holes for Piles - Casing

Required

Per Linear Foot

552.2101 160 L.F. Rock Sockets for Soldier Pile and

Lagging Wall

Per Linear Foot.

552.2201 1,400 L.F. Soldier Piles for Soldier Pile and

Lagging Wall

Per Linear Foot.

BID SHEET (continued)

C-2

ITEM WITH

UNIT PRICES

EXTENSION

EST. QTY. X

UNIT PRICE

552.230301 6,200 S.F. Precast Concrete Panel Lagging

For Soldier Pile and Lagging Wall

563.42000010 400 L.F. Precast Concrete Pile Caps

564.5100004 1 L.S. Miscellaneous Steel

595.5000002 6400 S.F. Sheet-Applied Waterproofing

Membrane

607.0511 400 L.F. Vinyl Coated Steel Chain-Link

Fence on Plastic Coated Frame

With Top Rail 4 Feet High

610.1402 180 C.Y. Topsoil - Roadside

Per Cubic Yard

BID SHEET (continued)

C-3

ITEM WITH

UNIT PRICES

EXTENSION

EST. QTY. X

UNIT PRICE

610.1601 1400 S.Y. Turf Establishment

Per Square Yard

661.7001001 1 L.S. Electrical Line Relocation

699.040001 1 L.S. Mobilization 4%

1 DC Miscellaneous Additional Work

Allowance $50,000.00 $50,000.00

TOTAL

(IN WORDS) (IN NUMBERS)

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-4

AFFIRMATIVE ACTION CERTIFICATION

A bidder will not be eligible for award of a contract under this Invitation for Bids unless such a bidder has submitted as part of its bid the following certification, which will be deemed a part of the resulting contract:

BIDDERS' CERTIFICATION

certifies that:

(Bidder)

1. They intend to use the following listed construction trades in the work under the contract

; and

2. a. As to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Westchester County Plan, it will comply with the Westchester County area within the scope of coverage of the Plan, those trades being:

and/or

b. as those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts, the minimum minority manpower utilization goals and the specific affirmative actions steps contained in said Park II, for all construction work (both state and non-state) in the Westchester County area subject to these Bid conditions, those trades being:

and/or

3. They will obtain from each of their subcontractors and submit to the contracting or administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these Bid Conditions.

C-5

NON-COLLUSIVE BIDDING CERTIFICATION

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-6

INDIVIDUAL ACKNOWLEDGMENT

STATE OF NEW YORK )

) SS:

COUNTY OF WESTCHESTER )

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

Notary Public

PARTNERSHIP ACKNOWLEDGMENT

) SS:

COUNTY OF WESTCHESTER )

On this day of , in the year 20 , before me personally came , a member of the co-partnership of , to me known and known to me to be the person 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 the said co-partnership.

CORPORATION ACKNOWLEDGMENT

) SS:

COUNTY OF WESTCHESTER )

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

C-7

SECTION D

FORM OF AGREEMENT

The Contract form will be as shown on Pages D-2 through D-4.2.

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 These are shown on Pages D-5 through D-7.1

FORM OF GENERAL RELEASE

The form of General Release is included on Page D-8

FORM OF MAINTENANCE BOND

The form of Maintenance Bond will be shown on Pages D-9 and D-10

D-1

SAMPLESS

SAMPLESSS

SAMPLESSASAMPSA

SSS

PROJECT:

BID DATE:

AGREEMENT

THIS AGREEMENT, made this day of , 2026, 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

August 5, 2026 @ 3:00 PM

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

a. This agreement f. Special Conditions

b. Addenda (if any) g. General Conditions

c. Invitation for Bids h. Technical Specifications

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

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

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 , 2026 , 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 2026 , 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 2026 , 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.

Notary Public

SURETY ACKNOWLEDGMENT

STATE OF NEW YORK

SS.

COUNTY OF WESTCHESTER

On the day of , 2026 , before me personally came

, to me known, who, being by me duly sworn, 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-4.1

On the day of , 2026 , 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.

Notary Public

SURETY ACKNOWLEDGMENT

STATE OF NEW YORK

SS.

COUNTY OF WESTCHESTER

On the day of , 2026 , before me personally came

, to me known, who, being by me duly sworn, 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

D-4.2

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1

PERFORMANCE BOND

Bond No.:

CONTRACTOR:

(Name, legal status and address)

SURETY:

(Name, legal status and principal place of business)

OWNER:

CONSTRUCTION CONTRACT

Amount:

Description:

(Name and location)

BOND

(Not earlier than Construction Contract Date)

Amount:

Modifications to this Bond: None See Section 16

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)

Signature:

Name and Title:

(Any additional signatures appear on the last page of this Performance Bond.)

(FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER:

OWNER’S REPRESENTATIVE:

(Architect, Engineer or other party:)

§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3.

§ 3 If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after

.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety’s receipt of the

SAMPLESSAAAMMMMPALAL SURETY SURETY

(Corporate Seal) (Corporate Seal) Company:Company:

J

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2

Owner’s notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;

§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;

§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.

§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner.

If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for

.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

.2 additional legal, design professional and delay costs resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Surety under Section 5; and

.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety’s liability is limited to the amount of this Bond.

§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.

§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails

SAMPLEproceed as provided proceed as provided in Section 5 with reasonable promptness,Section 5 with reasonable prom the Suretythe Surety n days after recein days after receipt of an additional written notice from thept of an additional written notice from Owner to the ner to the ions under thiss under this Bond, and the Owner shall be entitled to enBond, and the Owner shall be entitled to force any remedany reme provided in Section 5.4, and the Ownerprovided in Section 5.4, and the Own refuses the payment or the Surefuses the payment or r re further notice the Owner shall be entitled to enrther notice the Owner shall be entitled to force any remedy available toy remedy available to

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

§ 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.

§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

§ 16 Modifications to this bond are as follows:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corporate Seal) Company: (Corporate Seal)

Name and Title: Name and Title:

Address: Address:

SAMPLEbond are as follows: bond are as follows:

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1

PAYMENT BOND

Bond No.:

CONTRACTOR:

(Name, legal status and address)

SURETY:

(Name, legal status and principal place of business)

OWNER:

CONSTRUCTION CONTRACT

Amount:

Description:

(Name and location)

BOND

(Not earlier than Construction Contract Date) Amount:

Modifications to this Bond: None See Section 18

CONTRACTOR AS PRINCIPAL SURETY

(Any additional signatures appear on the last page of this Payment Bond.)

(FOR INFORMATION ONLY — Name, address and telephone)

AGENT or BROKER:

OWNER’S REPRESENTATIVE:

(Architect, Engineer or other party:)

§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms.

§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment

SAMPLEPALAL SURETY URETY

(Corporate Seal)Corporate Seal) Company:Company

Signature:gnatureSAMPLE

Capitol Indemnity Corporation

Capitol Indemnity Corporation

Capitol Indemnity Corporation

J

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.

§ 3 If there is no Owner Default under the Construction Contract, the Surety’s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner’s property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.

§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety’s expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.

§ 5 The Surety’s obligations to a Claimant under this Bond shall arise after the following:

§ 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and

.2 have sent a Claim to the Surety (at the address described in Section 13).

§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13).

§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant’s obligation to furnish a written notice of non-payment under Section 5.1.1.

§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety’s expense take the following actions:

§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and

§ 7.2 Pay or arrange for payment of any undisputed amounts.

§ 7.3 The Surety’s failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney’s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.

§ 8 The Surety’s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney’s fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety.

§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.

§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

SAMPLEhe Claimant, with a e Claimant, with a copy to the Owner, within sito the Owner, within sixty (60) days after receipxty (60) days after receip ed and the basis for challenging any amounts that are disputed; and d and the basis for challenging any amounts that are disputed; and yment of any undisputed amounts. yment of any undisputed amounts.

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3

§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received.

§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.

§ 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum:

.1 the name of the Claimant;

.2 the name of the person for whom the labor was done, or materials or equipment furnished;

.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract;

.4 a brief description of the labor, materials or equipment furnished;

.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;

.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;

.7 the total amount of previous payments received by the Claimant; and

.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim.

§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic’s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.

§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents.

§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.

§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

SAMPLEmount due and unpaid to the Claimant for labor, materials or equipment furnount due and unpaid to the Claimant for labor, materials or equipment furn dual or entity having a direct contract with thedual or entity having a direct contract with t Contractor or with a subcontctor or with a equipment for use in the performance of the Construction Contract. The teequipment for use in the performance of the Construction Contract. The te

The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4

§ 18 Modifications to this bond are as follows:

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPAL SURETY

Name and Title: Name and Title:

Address: Address:

SAMPLE

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 , 2026 , and any admittance or supplements thereto.

IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its…