IFB_Kellner_rev3.pdf

INVITATION

FOR

BIDS

KELLNER COMMUNITY AND YOUTH ACTIVITIES BUILDING

RENOVATIONS

TOWN OF GERMANTOWN, COLUMBIA COUNTY, NY

IFB 2024-01

CSmith Typewritten text May 14, 2024

TABLE OF CONTENTS

SECTION PAGE

INVITATION FOR BIDS NOTICE 1

INTRODUCTION 2

SPECIFICATIONS 2

INSTRUCTIONS 2

TENTATIVE SCHEDULE 6

QUALIFICATIONS OF BIDDER 7

QUALIFICATIONS OF SUBCONTRACTORS 8

ASSURANCES 9

AFFIDAVIT 10

STATEMENT ON SEXUAL HARASSMENT 11

NON-COLLUSIVE BIDDING CERTIFICATION 12

BID SHEET 14

SPECIFICATIONS 15

MODEL CONTRACT 20

APPENDIX A: STANDARD CONTRACT CLAUSES

APPENDIX B: PREVAILING WAGE SCHEDULE

DRAWINGS

INVITATION FOR BIDS

NOTICE IS HEREBY GIVEN that sealed bids for the Kellner Community Youth and

Activities Building Renovations for the Town of Germantown will be received at the address listed below until 1 p.m local time on July 12, 2024, at which time they will be publicly opened and read. Bids not physically received by the Town at 1 p.m. on July 12, 2024 will not be considered. All bids must be addressed to:

Town of Germantown

Re: [contractor’s name]

Proposal for Kellner Community Youth and Activities Building Renovations

Attention: David Helsley, Supervisor

Germantown Town Hall

50 Palatine Park Road

Germantown, New York 12526

No bid shall be withdrawn for a period of forty-five (45) days after the bid opening date without the consent of the Town.

An optional Pre-Bid Conference will be held on June 7, 2024 at 2 p.m. at the Kellner Community

Youth and Activities Building located at 50 Palatine Park Road, Germantown, New York

12526. Failure to inspect the work site shall not be accepted later as a valid basis for alteration or termination of bid.

This Invitation for Bids may be examined online at nyscr.ny.gov and www.germantownny.org, and is available by email upon request to 12526supervisor@gmail.com.

The bidder must be capable of obtaining a performance bond in the amount sufficient to cover the cost of the entire project. Each bid must be accompanied by security in an amount not less than five-percent (5%) of the amount of the bid.

Each bidder must comply with the New York State Labor Law, including the payment of prevailing wages.

The Town Board of the Town of Germantown reserves the right to accept or reject any or all bids and to waive any informalities at its discretion.

Dated: May 14, 2024

Town Board

Town of Germantown http://www.germantownny.org/

INTRODUCTION

The Town of Germantown (“Town”) is requesting bids for renovations to the town-owned

Kellner Community Youth and Activities Building located at 50 Palatine Park Road, Germantown, New York 12526 according to the specifications contained herein.

SPECIFICATIONS

Scope of Work: The contractor shall provide all labor, supervision, materials, supplies, equipment, insurance, vehicles, bonds, permits, and administration necessary to perform the attached Specifications according to the attached Drawings (“Scope of Work”). All work shall be in conformance with the Town of Germantown’s Building Code.

Total Bid: The Total Bid for the renovations of the Kellner Community Youth and Activities

Building shall include all items listed in the Scope of Work. All materials must be quoted FOB destination. The successful bidder agrees to execute all documents within the IFB and provide certificates of insurance, performance bond and labor and material bond within fifteen (15) days after the receipt of the Notice of Award and the contract. The successful bidder agrees to begin work no later than ten (10) days after receipt of the Notice to Proceed. Town Hall normal business hours are Tuesday 9-11 am, Wednesday 5-8 pm, Thursday 9-11 am, Friday 9-11 am, and Saturday 9 am-noon. The contractor can perform the work from 7 a.m. to 3:30 p.m. Monday through Friday, or as amended with the approval of the Town Supervisor.

Permit(s): The contractor must work with the Town’s Code Enforcement Officer to obtain the necessary permit(s) for this project. Inspections will be made by the Town Code Enforcement

Officer.

Protection of Property: The contractor must take all reasonable precautions to protect public and private property from undue damage. If the Town determines that the contractor has unnecessarily damaged or destroyed property, it shall be repaired or replaced to the satisfaction of the Town, at the contractor’s expense.

Billing/Invoicing: Progress payments will be made as the work progresses upon applications submitted by the contractor with detailed bills and subject to audit and approval of the Town

Board. Please note bills are approved at the Town Board’s monthly meetings.

INSTRUCTIONS TO BIDDERS

1. Receipt and Opening of Bids: Sealed bids for Kellner Community Youth and Activities

Building Renovations for the Town of Germantown will be received at the address listed below until 1 p.m. local time on July 12, 2024, at which time they will be publicly opened and read.

Bids not physically received by the Town at 1 p.m. on July 12, 2024 will not be considered. All bids must be addressed to:

Town of Germantown

Re: [contractor name]

Proposal for Kellner Community Youth and Activities Building Renovations

Attention: David Helsley, Supervisor

Germantown Town Hall

50 Palatine Park Road

2. Contract Documents and Specifications: This IFB is available at nyscr.ny.gov and www.germantownny.org or by email upon request. For additional information, contact the

Town’s Contact:

David Helsley

Town Supervisor

50 Palatine Park Road

Germantown, New York 12526

12526supervisor@gmail.com

(518) 929-7582

3. Pre-Bid Conference: A pre-bid conference is scheduled for June 7, 2024 at 2 p.m. in the

Kellner Community Youth and Activities Building located at 50 Palatine Park Road, Germantown, NY 12526. This conference is not mandatory; however, failure to inspect the work site shall not be accepted later as a valid basis for alteration or termination of bid. If you plan on attending the Pre-Bid Conference, please email the Town’s Contact.

4. Questions: Other than the questions posed at the Pre-Bid Conference, any questions or requests for clarification of the IFB documents or specifications must be submitted in writing, by mail or email to the Town’s Contact by June 21, 2024 at 1 p.m. The Town will not respond to questions submitted orally. Answers to questions that materially change the conditions and specifications of this IFB will be posted on the Town’s website after June 28, 2024, as an addendum to this document. Additionally, any contractors wanting to be sent any addendums or information by email must provide the Town’s Contact with their point of contact email address.

Any discussions or documents will be considered non-binding unless incorporated in an addendum to the original. When addenda are issued, the bid opening date may be extended at the discretion of the Town.

5. Preparation of Bids: Each bid must be submitted on the prescribed forms. All blank spaces for bid prices must be filled in, in ink or typewritten. One (1) original and one (1) electronic copy on a compact disc or flash drive shall be submitted in a sealed envelope or box bearing the name and address of the firm and clearly marked with the contractors name and “Proposal for

Kellner Community Youth and Activities Building Renovations.”

6. Bids Remain Subject to Acceptance: Regardless of the award of bid, no bidder may withdraw its bid before the expiration of forty-five (45) days after the date of opening the bids.

Submittal of a bid indicates acceptance of the conditions contained in the IFB. The Town reserves the right to retain all bids submitted, accept or reject any or all bids, waive informalities, negotiate changes in the scope of work or services to be provided, and otherwise waive any technicalities.

http://www.germantownny.org/

7. Subcontractors: All bidders must submit the names and addresses of the bidder’s proposed subcontractor(s) for the HVAC, and plumbing work in a separate sealed list with the agreed-upon amount to be paid to each. For each proposed subcontractor named, provide list of three

(3) contracts of similar size, scope and complexity completed within the past five (5) years. If the bidder designates itself for any such work, bidder must demonstrate to the Town that it has completed or substantially completed three (3) contracts similar in size, scope and complexity for the designated work within the last five (5) years. Only one proposed subcontractor should be named for each trade. Proposed subcontractors must be used on the work for which they were proposed and approved and may not be changed without the Town’s written approval.

8. Qualifications of Bidder: All bidders must demonstrate, to the satisfaction of the Town, that it has the following minimum qualifications:

A. The bidder must have a minimum of five (5) years’ experience as a general contractor;

B. The bidder shall provide references for three (3) contracts of similar size, scope and complexity completed within the past five (5) years; and

C. All bidders must demonstrate to the satisfaction of the Town that they have the skill and experience, as well as the necessary facilities, ample financial resources, ability to manage staff and subcontractors effectively, ability to anticipate and plan construction work for optimal progress, and general reliability to do the work to be performed under the provisions of the contract in a satisfactory manner and within the time specified.

The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Town all such information and data for this purpose as the Town may requires. The Town reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Town that such bidder is properly qualified to carry out the obligation of the contract and to complete the work contemplated therein.

9. Length of Contract: The length of this contract shall be approximately three (3) months, commencing upon Notice to Proceed and terminating December 6, 2024. Time is of the essence for completion.

10. Conditions of Work: Each bidder must inform itself fully of the conditions relating to the project and the employment of the labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to carry out the provisions of this contract.

11. Laws and Regulations: The contractor shall comply with all applicable federal, state, and local laws, rules and regulations of all authorities having jurisdiction over the project throughout the term of the contract.

12. Method of Award—Lowest Qualified Bidder: The contract will be awarded to the lowest bid submitted by a responsible bidder. The Town Board of the Town of Germantown reserves the right to accept or reject any or all bids and to waive any informalities at its discretion.

13. Obligations of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected the work site and to have read and to be thoroughly familiar with the contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve the bidder from any obligation in respect to its bid.

The successful bidder agrees to execute all documents within the IFB package and provide certificates of insurance within fifteen (15) days after the receipt of the Notice of Award and the contract.

The successful bidder agrees to begin work no later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor as will insure its completion within the time limit specified in the bid, it being understood and agreed that time is of the essence and completion within the time limit is an essential part of the contract.

14. Non-Collusive Bidding Certification: Each bidder submitting a bid shall execute and attach thereto, an affidavit substantially in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted.

15. Statement on Sexual Harassment: Each bidder submitting a bid shall execute and attach thereto, a statement substantially in the form herein provided, in accordance with New York

State Finance Law § 139-l.

16. Performance Bond and Insurance: Within fifteen (15) days after receipt of the Notice of

Award, the contractor shall procure, execute and deliver to the Town and maintain, at its own cost and expense:

A. Performance bond and labor and materials bond in an amount sufficient to cover the cost of the entire project. Said bonds must be issued by a surety authorized to do business in the State of New York as a surety. Attorneys-in-fact who execute said bonds on behalf of a surety must affix thereto a certified and effectively dated copy of their power of appointment;

B. Certificates of Insurance in accordance with Article 8 of the contract.

17. Assurances: Each bidder submitting a bid shall execute and attach thereto, assurances substantially in the form herein provided, that the bidder shall adhere to an EEO policy and that it agrees not to commit unlawful discrimination.

18. Procurement: The Town is exempt from New York State sales and use taxes. Said taxes should not be included in the bid price.

19. Payment of Bid Security: Each bid must be accompanied by the required bid security made payable to the Town of Germantown in an amount of five-percent (5% of the total bid and in the form of a certified or bank check or a Bid Bond, duly executed by the bidder as principal and having as surety thereon a surety company authorized to do business in the State of New York as a surety. Attorneys-in-fact who execute a Bid Bond on behalf of a surety must affix thereto a certified and effectively dated copy of their power of attorney.

The Town will return bid securities to all bidders except the apparent three (3) lowest bidders within seven (7) working days after bid opening.

The Town will return bid securities to the apparent three (3) lowest bidders within seven (7) business days after delivery to the Town by the successful bidder of the executed contract and required performance bond, or within seven (7) business days of the Town’s rejection of all bids, or within seven (7) business days after the expiration of forty-five (45) calendar days after bid opening, whichever event shall occur first. If the successful bidder fails to execute and deliver the contract and furnish the required performance bond and labor and materials bond within fifteen (15) days after the Notice of Award, the Town may annul the Notice of Award and the bidder shall be liable to the Town, as liquidated damages, for the amount of the bid security. Bid

Bonds, due to their nature, will not be returned.

TENTATIVE SCHEDULE

Activity Estimated Date

1. Advertise RFP ...... May 14, 2024

2. Pre-Bid Conference June 7, 2024

3. Deadline for receipt of bids July 12, 2024

4. Recommendation to Town Board ................................................................ August 6, 2024

5. Town Board takes formal award/rejection action ........................................ August 13, 2024

6. Notice of award sent to successful bidder August 14, 2024

7. Agreement executed August 26, 2024

8. Issue Notice to Proceed August 26, 2024

QUALIFICATIONS OF BIDDER

REFERENCES

Provide references for three (3) contracts of similar size, scope and complexity completed within the past five (5) years:

Business:

Address:

Telephone Number:

Contact Person:

Scope of Work and Dates of Service:

Telephone Number:

Telephone Number:

Provide any relevant certifications you possess:

QUALIFICATIONS OF SUBCONTRACTOR

(submit separately sealed list of subcontractors; attach additional sheets for each proposed subcontractor)

For each proposed subcontractor named, provide list of three (3) contracts of similar size, scope and complexity completed within the past five (5) years:

Subcontractor:

Address:

Telephone Number:

Portion of Scope of Work Performed by Subcontractor:

Amount to be paid to subcontractor:

1. Similar Project, Scope of Work and Dates of Service:

2. Similar Project, Scope of Work and Dates of Service:

3. Similar Project, Scope of Work and Dates of Service:

Provide any relevant certifications subcontractor possesses:

ASSURANCES

Equal Employment Opportunity (EEO)

The contractor shall adhere to an EEO policy that does not discriminate with regard to race, color, religion, national origin, sex, sexual orientation, sexual preference, transgender status, disability or age.

The contractor will ensure equal employment opportunity applies to all terms and conditions of employment, personnel actions, and contractor-sponsored programs. Every effort shall be made to ensure that employment decisions, programs and personnel actions are non-discriminatory and that these decisions are administered on the basis of an evaluation of an employee's eligibility, performance, ability, skill and experience.

a. Does the contractor have an EEO policy in place?

[ ] Yes [ ] No

b. If the answer to a. above is no, will the contractor have such a policy in place for this project?

[ ] Yes [ ] No

Statement of Assurance. The contractor assures the Town that it is in compliance with Title VI

& VII of the 1964 Civil Rights Act, as amended, in that it does not on the grounds of race, color, national origin, sex, age, handicap, or veteran status, discriminate in any form or manner against employees or employers or applicants for employment and is in full compliance with the

Americans with Disabilities Act.

Contractor Name: ______________________________________________________________

Authorized Person: ________________________ Signature: _________________________

(Print/Type)

Title: ___________________________________ Date: _____________________________

Address: ___________________________________________________________________

Telephone: __________________________ Email: _________________________

AFFIDAVIT

This bid is submitted to the Town of Germantown by the undersigned, who is an authorized officer of the contractor, and said contractor is licensed to do business in the State of

New York. Further, the undersigned is authorized to make these assurances and certifies their validity. The contractor recognizes that all assurances and representations herein are binding on the contractor and failure to adhere to any of these commitments, in the Town’s option, may result in a revocation of the contract.

Consent is hereby given to the Town to contact any person or organization in order to make inquiries into qualifications of the contractor.

The contractor understands that, at such time as the Town decides to review this bid, additional information may be requested. Failure to supply any requested for information within a reasonable time may result in the rejection of the contractor’s bid with no re-submittal rights.

The contractor understands that the Town, after considering the contractor’s qualifications, as well as what, in the Town’s judgment may best serve the public interest of its citizens and employees, may grant a contract.

The contractor understands that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same, and is in all respects fair and without collusion or fraud. It understands that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards.

Contractor Name: ______________________________________________________________

Contractor’s Federal EIN: ________________

STATEMENT ON SEXUAL HARASSMENT

New York State Finance Law § 139-l

STATE OF _______________ )

) SS.:

COUNTY OF _____________ )

___________________________________, being first duly sworn, deposes and says that:

“By submission of this bid, each firm and each person signing on behalf of any firm certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that the firm has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.”

A bid shall not be considered for award nor shall any award be made to a firm who has not complied with the above certification; provided, however, that if the firm cannot make the foregoing certification, such firm shall so state and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefor.

Any bid hereafter made to the Town or any public department, agency or official thereof by a corporate firm for work or services performed or to be performed or goods sold or to be sold, where such proposal contains the above certification, shall be deemed to have been authorized by the Board of Directors of the firm and such authorization shall be deemed to include the signing and submission of the proposal and the inclusion therein of such statement as the act and deed of the corporation.

Contractor Name: _________________________________

Subscribed and sworn before me this _______ day of ______________________, 20____.

Notary Public

My commission expires: __________

[affix stamp]

NON-COLLUSIVE BIDDING CERTIFICATION

New York State Finance Law § 139-d

STATE OF _______________ )

) SS.:

COUNTY OF _____________ )

___________________________________, being first duly sworn, deposes and says that:

1.(a) 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 his 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.

(b) A bid shall not be considered for award nor shall any award be made where (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

2. Any bid hereafter made to the Town or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

Contractor Name: _________________________________

Subscribed and sworn before me this _______ day of ______________________, 20____.

Notary Public

My commission expires: __________

[affix stamp]

BID SHEET

The prices stated in this bid are guaranteed for forty-five (45) days from the opening of the bids, and if awarded, contractor agrees to furnish materials, labor, equipment and services and complete the work in accordance with the IFB documents at said prices.

Bid Calculation

A. Base Bid (does not include allowances): __________________________________________

B. Allowances:

Exceptions or deviations: _________________________________________________________

C. Total Bid (Base Bid + Allowances = Total Bid): ____________________________________

D. Alternates:

The undersigned hereby acknowledges having received the full IFB package, including the

Specifications, Instructions, Drawings, model contract, and addenda nos. ____, if applicable.

The bidder, in submitting this bid, affirms to have read and hereby agrees to comply with all bid requirements, including the Specifications and Instructions.

Contractor Name: ________________________________________ EIN or SSN:____________

SPECIFICATIONS

Section A- Description of Work

1. Work to be Done

The work to be done under the contract, consists of performing, installing, furnishing and supplying all materials, equipment, labor and incidentals necessary or convenient for the construction of IFB No. 2024-01 titled Kellner Community Youth and Activities Building

Renovations, and to carry out all of the duties and obligations imposed upon the contractor by the contract documents.

The main features of the work shall include, but not be limited to the following:

Renovation of Kellner Community Youth and Activities Building to include construction of three (3) new restrooms, one (1) family rest area, one (1) shower area, and one (1) kitchen.

Interior finishes to be updated.

2. Work Not Included

Work not included in the work of the contract is indicated below as performed “by others” or “by

Town.”

Section B – Conditions

1. The contractor shall:

1. Provide 5-year workmanship warranty.

2. Follow all applicable safety codes, regulations, and laws during all phases of the work.

3. Ensure safe passage of persons around work site; conduct operations to prevent injury to adjacent properties, buildings, structures, other facilities, and persons.

4. Promptly repair damages caused to adjacent facilities or properties by contractor at no cost to the Town.

5. Obtain and pay for all Federal, State and/or local permits required by governing authorities. Contractor to obtain building permit and certificate of completion/occupancy and pay all fees associated with it. Contractor shall submit copies of building permit and certificate of completion/occupancy to Town.

6. Coordinate the work of all trade under the contract.

2. Access to work area shall be coordinated with Town, including location for storage material and parking. Note that contractor will be responsible for all waste handling and disposal.

3. Town cannot guarantee access to power. Contractor must plan accordingly.

4. All structural steel, reinforcing steel, or other major steel items to be incorporated in the work shall, if this contract is in excess of $100,000, be produced or made in whole or substantial part in the United States, its territories or possessions.

5. All materials specified herein shall contain no asbestos.

6. All wood products that are to be used in the work shall be in accordance with State

Finance Law§ 167(b) which prohibits the purchase and use of tropical hardwoods.

7. The following are the rates of wages and supplements determined by the Industrial

Commissioner of the State of New York as prevailing in the locality of the site at which the work will be performed:

Wage Schedules can be accessed online using PRC # 2024002637 at https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1564416

If the Contractor is unable to access the prevailing wage schedule for the PRC# listed above, please contact the Town for a copy of the wage rate schedule.

8. Drawings and Specifications are intended to provide the basis for proper completion of the work suitable for the intended use of the Town. Anything not expressly set forth but which is reasonably implied or necessary for proper performance of the project shall be included.

Section C – List of Drawings:

Existing Groundplan and Proposed Groundplan prepared by Delaware Engineering, D.P.C., dated 8/2022 for Town of Germantown Kellner Activities Building Improvements Columbia

County, NY

Section D- Specific Specifications per Trade

Plumbing

Install in floor drainage per Drawings to include:

● Women’s restroom

○ 3 toilets - 1 ADA compliant

○ 3 sinks

● Men’s restroom

○ 2 toilets - 1 ADA compliant

○ 2 urinals

○ 3 sinks

● ADA “family bathroom”

○ 1 toilet

○ 1 sink

● Family rest area

○ 1 sink

● Shower area

○ 2 standard shower stall drains

■ Supply standard shower base

○ 1 ADA compliant shower stall drain - porcelain or ceramic tile base with shower base liner to be installed by contractor - No threshold

● Kitchen area

○ 2 sink drains / supply connections per Drawings - Sinks supplied by Town

Install supply plumbing and fixtures for hot / cold water as needed to all of the above

Supply toilets (6) per spec

Supply urinals (2) per spec

Supply shower faucets (3) per spec

Supply ADA compliant sinks and faucets (3) per spec

Supply counter mount sinks and faucets (4) per spec

Re-locate pressure tank and hot water heater as shown on Drawings

Notes:

● All demolition to be performed by Town

● All concrete cutting to be performed by Town to facilitate installation of new under floor drains

● Concrete restoration to be performed by the General Contractor

● All supply connections to have individual supply valves located at connection

● All new drainage to be connected to existing sewer outlet connection

● Existing floor drains to be re-connected if possible

● Any abandoned drainage connections to be sealed and disconnected

● Toilet enclosures to be supplied and installed - provide bid specification as an adder -

Alternatives to be negotiated prior to award

● Re-locate propane piping for new oven location

General Construction Specifications

● All framing to be wood framing, 16” on center

● 2x4 or 2x6 standard framing, 8’ ceiling height per Drawings

● All wall finishes to be ½” mold resistant drywall unless otherwise specified below - joints finish taped and ready for paint / primer by Town

● All concrete floors to be patched after installation of new in floor drainage by plumbing subcontractor or General Contractor- smooth concrete finish throughout unless otherwise specified

● Floors in shower area - ceramic or porcelain tile - provide bid specification as an adder -

Alternatives to be negotiated prior to award

● ADA compliant shower base - 1” ceramic or porcelain tiles with shower base liner installation - provide bid specification Alternatives to be negotiated prior to award

● Shower wall areas - fiber cement backer with porcelain or ceramic tile covering - provide bid specification Alternatives to be negotiated prior to award

● Exterior shower area walls - installation of 1” rigid foam board insulation and appropriate backer as specified

● All other exterior walls to remain as existing

● Utility room walls to terminate to allow existing overhead door to operate - no ceiling in this area.

● Vestibule area - no ceiling - adjacent framing to extend to current ceiling height with access hatch to above

● Service area / Corridor - provide base cabinet and countertop spec upon bid as an adder -to be negotiated prior to award

● Kitchen area - provide base, upper cabinet and countertop spec upon bid as an adder - to be negotiated prior to award

● Re-locate existing exhaust hood and fans

● Baby changing tables provided and installed by Town

● Provide ample blocking and installation of all ADA grab bars in all areas as needed -stainless steel finish

● Shower area lockers and benches as depicted on plans to be provided and installed by

Town

HVAC

● Extend hot air ductwork from existing hat air furnace to women’s bath, men’s bath, ADA bathroom, family rest area, and shower area.

● Installation of exhaust fan and associated ductwork for all bathroom and shower areas per specification

● Reinstallation of Town-owned split heat pump units in men’s and women’s bathrooms

Electrical - TBD - separate bid

Section D- Product Specifications

Plumbing

● Toilets - All - American Standard Model #3472.128.020 or like - approval by Town upon bid submission

● Bathroom Sinks - all - mounting height to be confirmed prior to installation - American standard Model #0356041.020 or like - approval by Town upon bid submission

● Urinals - Kohler - Model #5016-ER-0 or like - approval by Town upon bid submission

● Urinal flush valves American standard model 6045013.002 or like - approval by Town upon bid submission

● Toilet flush valves - American standard Model 6047111.002 or like - approval by Town upon bid submission

● Shower assemblies - standard - Moen Model #82604 or like - approval by Town upon bid submission

● Shower assemblies - ADA - Moen Model #82604 with Model #52748EP15 shower head

- approval by Town upon bid submission

● Bathroom sink faucets - Automatic hardwired faucet - approval by Town upon bid submission

General

● All interior doors to be solid core wood or steel - confirm swing, size and lockset with

Town

● All baseboard and door trim to be caulked, primed and installed

HVAC

● Bathroom, shower area exhaust fan - Dayton model 16D535 or like - approval by Town upon bid submission

MODEL CONTRACT

This Agreement (this “Agreement”) is made and entered into as of __________________, 2024 by and between the Town of Germantown, Columbia County, New York, a municipal corporation of the State of New York, with an address at 50 Palatine Park Road, Germantown, New York, 12526 (the “Town”) and ____________________________ a

_______________________, authorized and existing under the laws of the State of New York, having its principal place of business at ______________________________________ (the

“Contractor”).

WHEREAS, the Town-owned Kellner Community and Youth Activities Building is in need of renovations; and

WHEREAS, the Town Board of the Town, at a regular/special meeting held by it on the day of _________ , 2024 adopted a resolution which authorized and empowered the

Supervisor of the Town to execute, acknowledge and deliver this Agreement, which engages the

Contractor to perform the work as specified in the Invitation for Bids (“IFB”).

NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties hereto agree as follows:

ARTICLE 1 – SCOPE OF WORK

The Contractor agrees to provide all labor, supervision, materials, supplies, equipment, insurance, vehicles, bonds, permits, and administration necessary to complete work detailed in the Specifications in the IFB, attached hereto and made a part hereof.

ARTICLE 2 – PRICE

The Town shall pay the Contractor for performance of the work $__________, payable in progress payments for work performed and materials and equipment furnished and installed under the Contract. The Contractor shall submit detailed applications for payment to the Town for audit and approval, showing the total value of work completed and in place on the last day of the payment period covered by the application. With each application for payment, Contractor must submit waivers of mechanic’s liens from subcontractors for the construction period covered by the previous application. Please note bills are approved at the Town Board’s monthly meetings.

Materials and equipment for which such progress payment has been paid shall not be removed for the work site, shall be properly stored, and shall be adequately protected from fire, theft and vandalism, the effects of the elements, and any other damage whatsoever.

The attention of the Contractor is specifically called to the provisions of the New York State

Lien Law, wherein funds received by a contractor for a public improvement are declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims.

ARTICLE 3 - TERM

The length of this Agreement shall be approximately three (3) months, commencing

__________, 2024 and terminating December 6, 2024, when work is to be completed.

The Contractor agrees to begin work no later than ten (10) days after receipt of the Notice to

Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor as will insure its completion within the time limit specified in the bid, it being understood and agreed that time is of the essence and completion within the time limit is an essential part of this Agreement.

The Contractor agrees to complete all work in the timeframe stated above. In the event the

Contractor fails to complete such work within said timeframe, the Contractor agrees to pay the

Town liquidated damages in the amount of $500 per day for each calendar day of delay in completing the work.

The Contractor is permitted to work during the hours of 7 a.m. to 3:30 p.m., Monday through

Friday, or during such times as approved by the Town Supervisor.

ARTICLE 4 – CHANGE ORDERS

Any change orders must be approved by the Town Board.

ARTICLE 5 - REPRESENTATIONS, OBLIGATIONS AND WARRANTIES:

A. The Contractor’s representations, obligations and warranties:

1. The Contractor shall comply with all applicable federal, state, and local laws, rules and regulations of all authorities having jurisdiction over the project;

2. The Contractor shall ensure that all contractors, subcontractors and individuals are paid in accordance with New York State’s Prevailing Wage requirements, as applicable. The

Contractor shall indemnify the Town for any and all violations of the prevailing wage laws and any rules and regulations now and hereafter issued pursuant to said laws; and

3. The Contractor guarantees that the work will be constructed in accordance with accepted practices, constructed according to the applicable building code standards, fit for the applicable use, and it guarantees against defects in workmanship and materials for a period of five (5) years from the date of completion of the work. If the Town provides notice of any defects arising during the five (5) year period, Contractor shall promptly correct such defect at no cost to the Town.

B. Each party, for the benefit of the other party, represents and warrants that:

1. It has full power and authority to perform and observe its covenants contained in this

Agreement, has taken all action necessary for the execution, delivery, and performance of this

Agreement and to carry out and consummate all transactions contemplated hereby, and this

Agreement has been duly authorized, executed, and delivered by said party, and constitutes the legal, valid, and binding obligation of the party, enforceable against it in accordance with its terms;

2. The authorization, execution, delivery, and performance of this Agreement, the compliance with the terms and conditions hereof and the consummation of the transactions herein contemplated on part of said party do not and will not (i) violate any laws or any regulation, order, injunction, or decree of any court, governmental body, agency or other instrumentality or (ii) result in a breach of any of the terms and conditions, or constitute a default under, or result in the creation or imposition of any mortgage, lien, charge, or encumbrance of any nature whatsoever upon any of the properties of assets of the Town pursuant to the terms of any agreement or other instrument to which the Town is a party or by which the Town or any of its properties is bound; and

3. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board or body pending or threatened in writing against or affecting the party, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated hereby or that in any way would adversely affect the validity of enforceability of this Agreement.

ARTICLE 6 - DEFAULT

A. In the event the Contractor is not performing in accordance with the terms set forth herein, the Town may issue a stop work order requiring an immediate cessation of all work except that work necessary to secure project protection and safety. If the Contractor fails to remediate its breach within forty-eight (48) hours, the Town may terminate this Agreement. In the event of a termination, the Town shall pay Contractor for the services performed and materials supplied as of the effective date of the termination, less any sums attributable, directly or indirectly, to

Contractor’s breach. Termination of the contract shall not relieve the Contractor or its surety of the responsibility of replacing defective work or materials.

B. The provisions of this section shall be in addition to and not in derogation of any other rights or remedies of the parties whether at law or in equity.

ARTICLE 7 – LIQUIDATED DAMAGES

The Town and the Contractor recognize that time is of the essence of this Agreement and the

Town may suffer financial loss if the work is not completed within the times specified herein.

The liquidated damages establishes the cost of delay to account for administration, engineering, inspection, and supervision during periods of extended and delayed performance, and are understood to be a fair and reasonable estimate of the costs that will be borne by the Town during extended and delayed performance by the Contractor. Accordingly, the Town and the

Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay the Town Five Hundred Dollars ($500.00) for each day that expires after the completion date.

The Town will deduct these liquidated damages from any monies due or to become due to the

Contractor from the Town.

ARTICLE 8 – INDEMNIFICATION AND INSURANCE

A. The Contractor shall indemnify and hold harmless the Town against all liabilities, losses, fines, penalties, damages, costs, actions, expenses, claims, demands, liens, encumbrances, judgments, administrative proceeds or suits, including reasonable attorney’s fees and costs, imposed or asserted against or incurred by the Town arising out of or resulting from (a) a breach of any of the representations, warranties, or covenants contained in this Agreement; (b) the negligence or willful misconduct of the Contractor, its officials, agents, employees and/or subcontractors arising out of the performance of this Agreement; or (c) any lien claim or other claim for payment by any subcontractor or supplier.

Contractor shall, at its own expense, procure and maintain in full force and effect during the term of this Agreement, policies of insurance, of the types and in the minimum amounts as follows, with responsible insurance carriers duly qualified in the State of New York:

1. Commercial General Liability Coverage. A policy to provide coverage against claims of personal injury and property damage, including broad form contractual liability coverage and shall have a $2,000,000 limit for personal injury and property damage per occurrence and

$2,000,000 in the aggregate.

2. Comprehensive Automobile Liability Coverage. A policy to provide coverage against claims of personal injury or property damage covering all owned, leased, non-owned and hired vehicles used in the performance of work under this Agreement with a minimum limit per occurrence of $1,000,000 for personal injury and property damage.

3. Workers’ Compensation Insurance and Disability Benefits Coverage. A policy to provide all employees of the Contractor with adequate and proper workers’ compensation insurance and disability coverage for all work performed under this Agreement.

4. Umbrella Liability Coverage. A policy to provide coverage excess of General Liability and Automobile Liability in the amount of $5,000,000. The Contractor may satisfy this requirement by providing additional limits under the primary policies.

B. Insurance Certification. All policies of liability insurance required to be maintained by the

Contractor shall be issued by insurers with an A.M. Best rating of not less than “A-: VII.” The

Contractor shall provide or cause to be provided a certificate of insurance from an authorized insurance agent certifying that such coverage is in effect prior to the commencement of the term.

The Town and its officers and employees must be named as an additional insured under the policies.

ARTICLE 9 – PERFORMANCE BOND

The Contractor shall deliver a performance bond and labor and materials bond satisfactory to the

Town, executed by a surety company authorized to do business in the state or otherwise secured in a manner satisfactory to the Town, in an amount equal to 100% of the total price of the project.

ARTICLE 10 – FORCE MAJEURE

If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Contractor, then Contractor shall be entitled to an equitable adjustment in the contract times. Contractor’s entitlement to an adjustment of the contract times is conditioned on such adjustment being essential to Contractor’s ability to complete the work within the contract times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in contract times under this paragraph include but are not limited to the following:

1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. abnormal weather conditions; and

3. acts of war or terrorism.

Contractor shall not be entitled to an adjustment in the contract price or contract times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of the Contractor.

ARTICLE 11 – NOTICES

All notices shall be in writing and shall be delivered in person or transmitted by certified mail, return receipt requested, or national courier service providing proof of receipt to the parties listed below. Notices shall be effective upon receipt.

To the Contractor: To the Town:

Town of Germantown

50 Palatine Park Road

ATTN: Town Supervisor

ARTICLE 10 - MERGER AND MODIFICATION

A. This Agreement, including the Appendices, IFB, including the Specifications and

Instructions to Bidders, and Contractor’s proposal attached hereto, contains the entire agreement between the parties. Neither party to this Agreement is relying upon any representation of the other not specifically set forth herein.

B. This Agreement may not be modified, amended, changed or altered in any way except by an agreement, in writing, executed by the parties.

ARTICLE 11 – ASSIGNMENT AND SUBCONTRACT

This Agreement shall be binding upon the parties hereto and their respective successors and assigns provided that this Agreement may not be assigned by either party except upon the express written consent of the other.

Proposed subcontractors must be used on the work for which they were proposed and approved and may not be changed without the Town’s written approval. The Town shall have the right to withhold consent if it has reasonable grounds to believe that the assignee or subcontractor will not be able to fulfill the scope of work requirements.

In the event Contractor uses partners, subcontracts or subcontractors, the Contractor will remain responsible for compliance with all Specifications and performance of all obligations under this

Agreement. The Contractor shall be solely responsible to the Town for the acts or defaults of such subcontractors.

Within ten (10) days after the Contractor receives payment from the Town, the Contractor shall pay each of its subcontractors the sum contained in said payment for the percentage of said subcontractor’s work.

No provisions of this Agreement shall create or be construed as creating any contractual relationship between the Town and any subcontractor or with any person, firm or corporation employed by, contracted with or whose services are utilized by the Contractor.

ARTICLE 12 – INDEPENDENT CONTRACTOR

It is expressly understood that the Contractor is an independent contractor and that there is no employee-employer relationship between the Town and the Contractor. The performance of the work described herein shall not be construed as creating a partnership, agency relationship, or any joint employment relationship between the Town and the Contractor, and the Town is not liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

ARTICLE 13 - GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of the State of New York. Any disputes arising out of or relating to this Agreement will be resolved in the Columbia County Supreme Court.

ARTICLE 14 – SEVERABILITY

If any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, provided the consideration for the Agreement can be reasonably determined. In such event, the parties shall make good faith efforts to modify this Agreement to implement the intent of the parties embodied in this Agreement. Any resulting modification and the remaining provisions of this

Agreement shall be valid and enforceable to the fullest extent permitted by law.

ARTICLE 15 – WAIVER

The failure of either party to enforce any of the terms of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or any other provision herein.

ARTICLE 16 – ATTORNEYS’ FEES

If either party retains the services of an attorney to enforce the provisions of this Agreement, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorneys’ fees.

ARTICLE 17 – EXHIBITS:

The following Exhibits and Appendices are attached to this Agreement and made a part hereof:

Appendix A:…