Henry Street - Bid Book - Addendum 1.pdf

INSTALLATION OF NEW

SIDEWALK ON HENRY

STREET

FROM OLD ARMY ROAD TO

END

IN THE TOWN OF

GREENBURGH

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 July 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 Form of Bid Bond D-1 Form of Performance Bond and Labor & Material Payment Bond D-1, D-5 - D-8 Form of General Release D-1, D-9 Form of Maintenance Bond D-1, D-10 - D-11

E. INSURANCE E-1 - E-3

F. LABOR PROVISIONS

N.Y.S. Prevailing Wage Rates F-1 N.Y.S. Affirmative Action Requirements F-2 - F-12 Non-Discrimination Clause F-11 - F-12

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 H-1 – H-3

I. INDEX TO TECHNICAL SPECIFICATIONS I-1

J. SCHEDULE OF DRAWINGS I-1

III.

SECTION A - NOTICE TO BIDDERS

Sealed bids for the “Installation of New Sidewalk on Henry Street in The Town of Greenburgh" will be received by the Town Clerk of the Town of Greenburgh, Greenburgh Town Hall, 177 Hillside Avenue, White Plains, NY 10603 until 2:00 P.M. on Wednesday, August 12, 2026. Bids will be opened and read aloud in the Town Hall Meeting Room at 2:00 P.M. Wednesday, August 12, 2026.

A non-mandatory Pre-Bid Meeting will be held on Wednesday, July 29, 2026 at 10:00 am at the intersection of Taxter Road and Mountain Road. Requests for Information (RFI) shall be submitted no later than 10:00 am on Friday, August 3, 2026.

This project consists of installation of approximately 350 L.F. of sidewalk, as well as, associated work along Henry Street in the Town of Greenburgh. in the Town of Greenburgh.

Plans and specifications relating to said proposal may be obtained on the following sites: www.empirestatebid.com, the New York State Contract website www.nyscr.ny.gov, or at the Town of Greenburgh website: www.greenburghny.com, beginning Tuesday, July 21st, 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.

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

Sealed Bids must be addressed to the Town Clerk and marked, “Installation of New Sidewalk on Henry Street in The Town of Greenburgh" - due no later than 2:00 P.M. on Wednesday, August 12, 2026.

Questions regarding this contract may be directed to Aaron Harewood of The Town of Greenburgh Bureau of Engineering at (914) 989-1582, or email at aharewood@greenburghny.gov

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

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)

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 they deem 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.

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 their 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 their Bid. Bidders' attention is directed to Paragraph 1 of the Bid Proposal, in which the Bidder certifies that they have 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 their 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 their 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 their bid, a Bid Bond or certified check in an amount representing five percent (5%) of their 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 they are awarded the contract, and they 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 (3) lowest formal Bidders within three (3) 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 they have not been notified of the acceptance oftheirbid,their 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.

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 (2) 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: A sample form of agreement is included in these documents in Section D, which may be modified, as deemed appropriate, by the Town and Contractor after the bid is awarded.

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.

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.

SECTION C

BID PROPOSAL

INSTALLATION OF NEW SIDEWALK ON HENRY STREET

TOWN OF GREENBURGH, NEW YORK

TO: Bid Submitted By:

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

(Address)

(Telephone No.)

(Federal ID Number)

1. I/We do hereby declare that I/we have carefully examined the Instructions to Bidders, the Plans, Profiles and other drawings and the Specifications relating to the above entitled matter and the work, and have also examined the site.

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

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

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

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

I/we further agree that the Owner may deduct for liquidated damages the sums set forth in the Special Conditions if I/we fail to complete the work within the time limits specified.

C-1 SECTION C (cont.)

BID PROPOSAL (cont.)

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

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

(b) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

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

(d) No member of the Town Board or any officer or employee of the Town of Greenburgh, New York, or person whose salary is payable in whole or in part from the said Town Treasury is, shall be or become interested, directly or indirectly, as a contracting party, partner, stockholder, surety or otherwise, in this bid, or in the performance of the Contract, or in the supplies, materials or equipment and work or labor to which it relates, or in any portion of the profits thereof.

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

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

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

Certification."

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

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

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

C-2-UP

(Unit Price)

**Total bid for estimated quantities:

TOTAL BID

Amount in Figures: $

Amount in Words

The **TOTAL BID shall be the sum of the extensions (unit price multiplied by estimated quantity, for each item). It is stated here only as a convenience for comparison of bids. If there are any errors in addition or multiplication, the unit prices for each item shall govern, and the bid comparison will be made on the basis of correct arithmetic applied to these unit prices. In case of discrepancy between the unit price in words and the unit price in numbers, the unit price in words shall govern.

The estimated quantities are not guaranteed, and are only for bid comparison purposes and final payment will be made for actual quantities regardless of the estimated quantities contained herein.

Date:

(Legal Name of Bidder)

(Authorized Signature)

Corporate Seal (if incorporated)

Bidder acknowledges receipt of Addenda as follows:

(Signature)

C-3-UP

(Unit Price)

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

D-2

PROJECT: Installation of Sidewalk on Henry Street in the Town of Greenburgh

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" (*Strike out the two terms not applicable) 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. Contractor shall submit monthly invoices that clearly describe the services rendered in sufficient detail for review and audit.

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 Bidders h) Specifications

d) Instructions to Bidders i) Drawings (NYSDOT and Town of Greenburgh Standard

Sheets)

e) Signed Copy of Bid, with all attachments required for the 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

D-3 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.

Article 4. Term. The Work shall commence upon Contractor’s receipt of a written “Notice to Proceed” from the Owner and shall be completed within (12) months of such notice. The Town may renew this Agreement on the same terms for additional one-year terms for two (2) years after the bid is awarded.

Article 5. Independent Contractor. The Contractor’s relationship to the

Town is that of an independent contractor, and not as an agent or employee. In the ordinary course of business, the Contractor may perform services for other parties and is not precluded from doing so by this Agreement. The Contractor shall have the sole and exclusive right and responsibility to control and determine the method, manner and means to perform the Work as required in this Agreement. The Contractor shall be solely responsible for providing whatever labor and materials necessary to perform the Work.

Article 6. Standard of Care. The Contractor shall perform the Work in a professional and workmanlike manner exercising such skill and judgment with that degree of reasonable care appropriate for similar work by similarly situated contractors.

Article 7. Work Product. All materials prepared by or on behalf of the

Contractor (including, but not limited to, drawings, specifications, reports, information, data or other work product) as part of the Work shall be the property of the Owner and provided to Owner upon request.

Article 8. Insurance. The Contractor shall, at its own expense, procure and maintain the following insurance in the following types and minimum limits, and with insurers licensed and rated satisfactory to the Town:

l. General Liability - $1,000,000 each occurrence/$2,000,000 aggregate

2. Automobile Liability - $1,000,000 each occurrence/$2,000,000 aggregate

3. Owners and Contractors Protective Liability - $1,000,000 each occurrence/$2,000,000 aggregate

4. Employers Liability and Per State Statute Workers Compensation/Disability Benefits

5. Umbrella Policy - $5,000,000

Prior to commencing work, the Contractor shall provide the Town Engineer and

Town Attorney with complete certificates of insurance evidencing the aforementioned coverage written through insurance carriers rated A-VII or better by AM at least three (3) weeks prior to commencing the Work

D-4

The Contractor shall report any accident or claim to the offices of the Town Attorney and Comptroller as soon as possible and not later than twenty-four hours from the time of such accident or claim. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accidents.

The Contractor agrees, in the event of cancellation, non-renewal or any reduction to its insurance policies required by the Agreement, to provide the Owner with written notice of said cancellation, non-renewal or reduction. The Contractor shall provide updated certificates of insurance to Owner in the event any one of its insurance policies as required above renews during the term of this Agreement.

In addition, the certification shall state the following:

1. The Town of Greenburgh shall be listed as an Additional Insured on a “primary and non-contributory” basis on the General and Automobile policies.

2. In the Description of Operations Box on the certificate, the following language shall be inserted; “The Contractor, its employees, subcontractors and insurers do hereby waive all rights of subrogation against the Town of Greenburgh, its officers, employees, agents, board members, committee members and volunteers. All coverage listed on this Certificate is Primary and non-contributory.”

3. On the certificates it shall be noted that thirty days’ written notice shall be given to the Town in the event of cancellation, renewal, or change.

Article 9. Indemnification. The Contractor hereby agrees to indemnify and hold the

Town, its officers, employees, agents, board members, committee members or volunteers performing authorized tasks on behalf of the Town, harmless from and against any and all liability, damage, claims, demands, costs, judgments, fees, including all expenses, reasonable attorneys’ fees, of any nature and description whatsoever resulting, directly or indirectly, or arising out of the performance of the Work pursuant to this Agreement or for any act or omission of the Contractor, or its respective agents, employees, and subcontractors.

In the event of any action commenced against the Town, or its officers, employees, agents, board members, committee members or volunteers performing authorized tasks, or employees, Owner will promptly give notice thereof to the Contractor, and the Contractor will have the right to select and furnish counsel for the defense of any such action, provided such counsel is reasonably acceptable to Owner, which acceptance shall not be unreasonably withheld, at no cost or expense to Owner. Owner agrees to cooperate with the Contractor as reasonably required for the defense of any such action.

The parties acknowledge and agree that the provisions of this section are intended to survive termination of this Agreement.

Article 10. Assignment/Subletting. The Contractor shall not assign or transfer its interest in this Agreement without the prior written consent of Owner pursuant to a duly approved Town Board Resolution. The Town shall have the right to review any subcontractor selected by Contractor and reject Contractor’s selected subcontractor upon ten (10) days’ written notice. If the Town does not respond within ten (10) days, the Town

D-5 waives its right to object to Contractor’s selected subcontractor. Subcontracting shall not relieve the Consultant for its proper performance of the services.

Article 11. Compliance with Law. The Contractor shall comply with and is governed by: all applicable laws and regulations in the performance of the Work in the State of New York, Westchester County, and the Town of Greenburgh, the Town’s Harassment Policy;

and the Town’s Code of Ethics. The Town’s Code of Ethics is attached hereto as Exhibit __ and the Town’s Harassment Policy is attached hereto as Exhibit __.

Article 12. Additional Services. If the Contractor believes that it has been directed to perform work outside the scope of this Agreement, the Contractor shall promptly notify Owner in writing prior to beginning such matter. If Owner determines that such matter constitutes extra work, the Owner shall pay additional compensation to the Contractor based on an agreed upon amount memorialized in writing signed by both Parties and pursuant to a duly approved Town Board Resolution.

Article 13. Exclusivity. In the event that the Contractor is unable to perform work that is covered by this Contract, or fails to perform work in a timely manner, Owner shall have the right to hire the next lowest responsible contractor to perform the work for the Town.

Article 14. Termination.

A. For Convenience

Owner has the right to terminate this Agreement for convenience by thirty (30) days’ written notice to the Contractor. Upon receipt of such notice, the Contractor shall discontinue any further performance of the Work. In such event, the Owner shall pay the Contractor for all Work satisfactorily completed to date.

B. Termination for Cause

Owner has the right to terminate this Agreement for breach if the Contractor fails to satisfactorily perform its obligations or if the Contractor shall fail to give Owner adequate assurances of same within ten (10) days after written notice of default.

Article 15. Dispute Resolution. Should any dispute arise between the Contractor and the Owner regarding the manner or sufficiency of the performance of the Work, it is mutually agreed by and between the parties hereto that such dispute shall be resolved initially pursuant to informal negotiations. If the parties are unable to resolve their dispute within sixty (60) days, the parties thereafter agree to resolve any dispute pursuant to litigation in the Supreme Court of the State of New York, County of Westchester in accordance with New York law. The work shall not be interrupted or delayed pending resolution.

Article 16. Notices. Any notice given pursuant this Agreement shall be in writing and shall be made either by service in-person or by pre-paid regular and certified/registered U.S. Mail or delivery service. Any such notice given shall be delivered as follows:

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If to the Town:

Town Engineer

TOWN OF GREENBURGH

Greenburgh, N.Y. 10607

With a copy to:

Office of the Town Attorney

TOWN OF GREENBURGH

Greenburgh, N.Y. 10607

If to Contractor, to the address set forth above, with a copy to:

Article 17. Choice of Law. This Agreement shall be governed by the laws of the State of New York.

Article 18. Severability. If any term or condition of this Agreement is found by a court to be invalid, void or unenforceable, all other provisions shall remain in full force and effect.

[ Signature Pages to Follow]

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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in two (2) original copies on the day and year first above written.

ATTEST:

(Contractor)

By:

Title:

STATE OF NEW YORK

SS.

COUNTY OF WESTCHESTER

On the day of 20___ , before me personally came to me known, who, being by me duly sworn, did depose and say that 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.

Town of Greenburgh (Owner)

By: (Paul J. Feiner, Supervisor)

COUNTY OF WESTCHESTER

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

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CORPORATE ACKNOWLEDGMENT

On the day of 2017 , before me personally came

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

SURETY ACKNOWLEDGMENT

On the day of , 2017 , before me personally came did depose and say that he is an Attorney-in-Fact of the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he signed the within instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said Corporation and by authority of the standing resolutions thereof.

ATTACHMENT:

1. POWER OF ATTORNEY

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On the day of , 2017 , before me personally came did depose and say that he resides at;

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

On the day of , 2017 , before me personally came did depose and say that he is an Attorney-in-Fact of the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he signed

1. POWER OF ATTORNEY

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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 , 2016 , and any admittance or supplements thereto.

IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its , this day of , 2017 .

Principal:

(Corporate Seal)

SS.

COUNTY OF WESTCHESTER

On the day of , 2017 , before me personally came , to me known, who, being by me duly sworn, did depose and say that (s)he resides in ;

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

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FORM OF MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, (hereinafter called the Principal) as

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

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

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

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

Signed, sealed and dated this day of , 2025 .

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

WHEREAS, the Contract provides that the Principal shall guarantee

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

CONTRACTOR AS PRINCIPAL: SURETY:

Company: Company:

Signature: Signature:

Corporate Corporate Seal Seal (Contractor) (Surety)

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

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On the day of , 2017 , before me personally came

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

On the day of , 2017 , before me personally came did depose and say that he is an Attorney-in-Fact of the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to the within instrument is such corporate seal; and he signed

1. POWER OF ATTORNEY

SECTION E

INSURANCE

1. The Contractor, prior to signing of the contract, shall provide to the Town of Greenburgh, and maintain throughout the life of the contract, at his own cost and expense, proof of the following insurance by insurance companies licensed in the State of New York.

a. General Liability Insurance with a single limit of liability per occurrence for bodily injury and property damage of $2,000,000. The Certificate of Insurance shall indicate the following coverage:

(1) Premises - Operations;

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

146 - Indemnity Clause of the General Conditions.

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

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

Town of Greenburgh is not responsible for premium.

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

(1) Owner automobiles;

(2) Hired automobiles;

(3) Non-owned automobiles.

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

e. Umbrella Policy: The Contractor shall take out and maintain during the life of this contract an

Umbrella Insurance Policy of $5,000,000.00.

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

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

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

a. The insurance companies issuing the policy or policies shall have no recourse against the Town of Greenburgh for payment of any premiums or for assessments under any form of policy.

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

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

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

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

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

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

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

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SECTION F

Westchester County

NEW YORK STATE

Prevailing Wage Rates

F-1

NEW YORK STATE AFFIRMATIVE ACTION REQUIREMENTS

(BID CONDITIONS - EQUAL EMPLOYMENT OPPORTUNITY)

F-2

PART I:

The provisions of this Part I apply to bidders, contractors and subcontractors with respect to those construction trades for which they are parties to collective bargaining agreements with labor organizations and who together with such labor organizations have agreed to the Westchester County, New York area Equal Employment Opportunity Agreement (but only as to those trades as to which there are commitments by labor organizations to specific goals of minority1 manpower utilization) between the Building Trades Employers Association of Westchester County, the Builder's Institute of Westchester and Putnam counties, various labor organizations, general and specialty contractors and their associations and the minority1 coalition, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, all of this documents are incorporated herein by reference and are hereinafter cumulatively referred to as the Westchester County Plan.

Any bidder, contractor or subcontractor using one or more trades of construction employees must comply with either Part I or Part II of these Bid Conditions as to each such trade. Thus, a bidder, contractor or subcontractor may be in compliance with these conditions by its inclusion, with its union, in the Westchester Plan as to trade "A," provided there is set forth in the Westchester Plan a specific commitment by that union to a goal of minority1 manpower utilization for such trade "A," thereby meeting the provisions of this Part II in regard to trade "B" in the instance in which it is not included in the Westchester Plan, and, therefore, cannot meet the provisions of the Part I.

To be eligible for award of a contract under Part I of this invitation, a bidder or subcontractor must execute the certification required by…