PD Elevator Bid Docs.pdf

September 2026

PROJECT MANUAL FOR

VILLAGE POLICE STATION LULA

ELEVATOR REPLACEMENT

151 WINDMILL LANE, SOUTHAMPTON, NY 11968

MAYOR

William Manger Jr.

TRUSTEES

Roy Stevenson Robert Coburn Edward Simioni Willa Bernstein

L.K. MCLEAN ASSOCIATES

ENGINEERING & SURVEYING, D.P.C.

437 SOUTH COUNTRY ROAD

BROOKHAVEN, NY 11719

631-286-8668

Village Police Station LULA Elevator Replacement

PROJECT MANUAL

TABLE OF CONTENTS

• Title Page

• Table of Contents

• Notice to Bidders

• Instructions to Bidders

• General Conditions

• Conditions of the Contract

• Proposal Pages (to be completed by bidders)

• Sample Contract

• NYSDOL Prevailing Wage Rate Schedule

• Technical Specifications

• Contract Plans

NOTICE TO BIDDERS

VILLAGE POLICE STATION LULA ELEVATOR REPLACEMENT

TAKE NOTICE, that sealed proposals will be received by the Village Clerk, Southampton Village Hall, on October 22, 2026 at 2:00 pm, prevailing time, when they will be publicly opened and read aloud for:

VILLAGE POLICE STATION LULA ELEVATOR REPLACEMENT

Bid Documents will be available beginning Thursday, September 24, 2026, at 9:00 a.m. from the Office of the Southampton Village Clerk, Monday through Friday, excluding holidays, between 9:00 a.m. and 4:00 p.m. Bid Documents may also be requested by email from the Department of Public Works at sphillipsjr@southamptonvillage.gov.

Bidders interested in this project are REQUIRED to visit NYS Department of Labor - Prevailing Wages (Find Project), then enter the Prevailing Rate Case Number, 2026023649 to view the original prevailing wage schedule or access directly at https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1631324 Employees on this project must be paid the wage rate(s) indicated on this schedule.

The successful bidder will be required to comply with all contract requirements, non-collusive bidding certification and prevailing wage rates.

Each bidder must provide with its bid a certified check equal to five (5) percent of his/her total bid payable to the order of the Village of Southampton, or a bond with sufficient sureties, acceptable to the Village of Southampton, in the sum of five (5) percent of the bid. All checks or bonds shall be returned except to the successful bidder, whose security shall be held until contract security is provided, according to the requirements set forth in the bid package. Each bidder must complete the sections of the Form of Proposal addressing relevant project experience on projects of similar scope.

A pre-bid walk through for the project will be held on Thursday, October 8, 2026, at 10:00 a.m. at the Village Police Headquarters, 151 Windmill Lane, Southampton, New York. Proposals are to be submitted at Southampton Village Hall not later than Thursday, October 22, 2026, at 2:00 p.m. at which time bids will be opened and read aloud.

Questions regarding the Bid Documents must be submitted in writing by email to lkma@lkma.com no later than Wednesday, October 14, 2026, at 4:00 p.m. Responses requiring clarification or modification of the Bid Documents will be issued by written addendum.

Each proposal must be submitted in a sealed envelope clearly marked “Village Police Station LULA Elevator Replacement.” Bidders must comply with all Federal, State, and local laws.

The Village Board of the Village of Southampton reserves the right to waive any informalities in bids received, and/or reject any or all bids, if the Board deems such action to be in the best interest of the taxpayers of the Village.

Dated: September 16, 2026

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF SOUTHAMPTON

KAREN BONTEMPO, VILLAGE CLERK

mailto:sphillipsjr@southamptonvillage.gov https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1631324 mailto:lkma@lkma.com

INSTRUCTIONS TO BIDDERS

INDEX

1. Title

2. Owner

3. Project Location

4. Bid Opening

5. Proposal Requirements

6. Qualifications of Bidders

7. Bidders Responsibility

8. Award of Contract

9. Blank

10. Laws and Regulations

11. Bid Security

12. Rejection of Bids

13. Security for Faithful Performance and Maintenance

14. Foreign Contractors

15. Subcontractors and Suppliers

16. Refusal to Waive Immunity

17. Addenda and Interpretations

18. Exemption from Sales and Use Taxes

19. Time for Completion

20. Affidavit of Completion

21. Final Payment

22. Purchase Order

23. Labor Law

24. Lien Law

25. Insurance Requirements

26. Indemnification by Contractor

27. Term of Contract

28. Wage Rates

29. Contract

INSTRUCTIONS TO BIDDERS 2

1.Title

Village Police Station LULA Elevator Replacement

2. Owner

Southampton Village 23 Main Street

Southampton, New York, 11968

3.Project Locations Project site is:

Village Police Headquarters 151 Windmill Lane, Southampton Village

4.Bid Opening Date: Thursday, October 22, 2026 Time: 2:00 p.m.

Place: Southampton Village Hall meeting room.

At the specified date, time and place, all bids will be opened in public and read aloud.

5. PROPOSAL REQUIREMENTS:

5.1 Proposals must be submitted by hand or mail and must be received in the office of the Village Clerk prior to the date and time stipulated in the Notice to Bidders. No Proposal will be considered which has not been submitted to the Village Clerk during the time for submission of bids designated in the Notice to Bidders. Any Proposal not properly submitted will be deemed untimely and will not be considered as part of the bid process.

5.2 Proposals must be submitted on the Bid Proposal forms provided. One (1) copy of the completed Bid Proposal form, is to be submitted to the Village Clerk.

5.3 All blank spaces in the Proposal shall be filled in. Any incomplete proposals may be cause for rejection. If a Bidder modifies, limits, or restricts all or any part of its Proposal in a manner, other than that expressly provided for in the Bidding Documents, its Proposal may be rejected.

5.4 Any proposal may be considered incomplete which does not contain prices in words and figures in all of the spaces provided. In the event the price shown in words and its equivalent shown in figures do not agree, the written words shall be binding upon Bidder.

INSTRUCTIONS TO BIDDERS 3

5.5 If the Proposal is made by a corporation the names and places of residence of the president, secretary, and treasurer shall be given; if by a partnership, the names and places of residence of the partners shall be given; if by a joint venture, the names and address of the members of the joint venture shall be given.

5.6 Bid forms require information concerning relevant experience of the company and key personnel, working on projects of similar scope. Award will be made to the lowest responsible bidder meeting the requirements of the Contract Documents, subject to the Village's right to reject any or all bids and waive minor informalities as permitted by law.

5.7 Bids may be withdrawn, or canceled only by written notice received by the Village prior to the time and at the place for opening of bids designated in the Notice to Bidders.

6. QUALIFICATIONS OF BIDDERS:

Bidders are hereby notified that they must prove to the satisfaction of the Village that they have the skill and experience, as well as the necessary facilities, financial resources, organization, and general reliability to perform and complete the work in a satisfactory manner as provided by the Bidding Documents.

7. BIDDERS’ RESPONSIBILITY

(a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract.

(b) The bid shall include the complete cost of furnishing all materials, labor and equipment necessary to complete the work in accordance with the Plans and Specifications, including all other expenses incidental thereto.

(c) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents.

INSTRUCTIONS TO BIDDERS 4

(d) The Contractor shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Village.

(e) No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will relieve the Contractor from its obligation to fulfill in every detail all of the requirements of the Contract documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time.

(f) The Contractor acknowledges that per NYS Labor Law §220 in which the Contractor must submit Certified Payroll to the Village, he will submit this payroll with every bill submitted. The Contractor understands, no bill will be paid without the Certified Payroll that pertains to it.

8. AWARD OF THE CONTRACT:

The Contract will be awarded to the lowest qualified responsible Bidder, provided its bid is reasonable and it is in the best interest of the Village to accept. The Village reserves the right to consider the Bidder's qualifications, experience, ability to complete the Work within the required time, and other factors affecting the Bidder's responsibility.

The Village reserves the right to reject any or all proposals, to waive any informality in any proposal received or to afford any Bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity, if the Village determines that its best interests will be promoted thereby.

9. BLANK:

10. LAWS AND REGULATIONS:

All applicable Federal, State or other laws, orders, rules and regulations of agencies or authorities having jurisdiction over construction work in the locality of the Project, and prevailing wages, labor standards and working conditions shall be deemed to be included in the Contract as if more fully set forth therein.

Contractors are specifically directed to and advised to familiarize themselves with the sections of this Bid package addressing the payment of prevailing wages and all associated requirements under New York State Labor Law, which shall be strictly enforced.

INSTRUCTIONS TO BIDDERS 5

11. BID SECURITY

Each bidder must provide with its bid a certified check equal to five (5) percent of his/her total bid payable to the order of the Village of Southampton, or a bond with sufficient sureties, acceptable to the Village of Southampton, in the sum of five (5) percent of the bid.

All checks or bonds shall be returned except to the successful bidder, whose security shall be held until contract security is provided, according to the requirements set forth in the bid package.

The certified check or bid bond of the successful bidder will be retained until filing and approval of the Performance Bond by the Village and the execution of the Contract by both parties.

The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds required within twenty (20) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid.

12. REJECTION OF BIDS

(a) The Village Board reserves the right to reject any bid if the information submitted in the qualifications statement or an investigation of such bidder fails to satisfy the Village Board that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

(b) In pursuing the best interests of the taxpayers, The Village Board reserves the right to:

• reject all bids, in whole or in part,

• to waive any informality in any or all bids

• to require additional documentation from bidders during the review process and,

• to accept the bid or part thereof which it deems most favorable to the Village after all bids have been examined and/or checked.

13. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE

a) A certified check, cashier’s check, or bid bond for an amount equal to five percent (5%) of the total amount bid shall accompany each bid proposal as evidence of good faith and as a guarantee that if awarded a Contract, the bidder will execute the Contract and give bond as required. The successful bidder’s check or bid bond will be retained until he has entered into a satisfactory contract and furnished the required contract bonds. The Village reserves the right to hold the certified checks, cashier’s checks, or bid bonds of the three lowest bidders, until the successful bidder has entered into a contract and furnished the required contract bonds.

INSTRUCTIONS TO BIDDERS 6

b) Bid Security must be submitted in a separate sealed envelope clearly identifying the company and project as well as the name and address of the Surety Company.

c) Each bond must be accompanied by a Power of Attorney, giving names of Attorneys-in-fact, and the extent of their bonding authority. All bonds must be countersigned by a resident Agent and with a Surety Company or Corporation meeting the following qualifications:

d) Surety must be licensed to do business in the State of New York.

e) Surety must be listed on the current U.S. Treasury Department Circular 570 entitled

"Companies Holding Certificates of Authority" from the Secretary of the Treasury under the Act of Congress approved July 30, 1974 (6 U.S.C., Sec. 6-13), as Acceptable Sureties on Federal Bonds.

f) The Surety must be rated as equal to "A-" or better as to "Policy Holder Ratings" by

"Best's Key Rating Guide."

g) The bonding limit for each Bidder cannot exceed the amount listed on the above referenced U.S. Treasury Department List for the Surety issuing the bond.

h) All Surety companies are subject to approval and may be rejected by the Village without cause, in the same manner that bids may be rejected.

i) In the event any of the requirements outlined herein are not complied with, the Village will have the right to reject the bid.

j) Bid security will be returned to all except the three lowest bidders, after formal analysis and evaluation of bids. No bid will be held beyond a 90-day period.

k) Remaining bid security will be returned to bidders after Village and the successful bidder have executed the Agreement and the Village has received and approved performance and payment bonds.

l) If the Agreement has not been executed within the specified period of time after the bid opening, the bid security of any Bidder will be returned upon its request, provided it has not been notified of acceptance of its bid prior to the date of its request.

INSTRUCTIONS TO BIDDERS 7

14. FOREIGN CONTRACTORS

Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term “foreign contractor” as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York.

15. SUBCONTRACTORS AND SUPPLIERS

Within five (5) days after receipt from the Village of Southampton’s notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Village may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Village of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Village.

16. REFUSAL TO WAIVE IMMUNITY

Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof, or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with an municipal corporation or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be canceled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any moneys owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid.

INSTRUCTIONS TO BIDDERS 8

17. ADDENDA AND INTERPRETATIONS

Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the office of the Engineer. Address by email to lkma@lkma.com. To be given any consideration questions must be received at least five

(5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda and will be emailed/to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents.

18. EXEMPTION FROM SALES AND USE TAXES

In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a) paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a)

(15) and (16).

(15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision (a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become and integral component part of such structure, building or real property.

(16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property.

Contractors entering into Contract with the Village of Southampton shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus, Albany, New York, 12227.

mailto:lkma@lkma.com

INSTRUCTIONS TO BIDDERS 9

19. TIME FOR COMPLETION

The bidder, when submitting his bid, must be prepared to commence work not later than ten (10) days after receipt of a fully executed contract, unless the Village shall authorize a delay. The time for completion of this Contract shall be four (4) Months from the date of a fully executed contract, unless otherwise extended in accordance with the Conditions of Contract and Specifications.

20. AFFIDAVIT ON COMPLETION

The Contractor, upon completion of the work, shall file with the Village an affidavit to the effect that all persons who did work or furnished materials to him under these Specifications have been fully paid and satisfied, and that no mechanics liens exist against the work. The final payment and any retainage payment shall not be made until this affidavit is received.

21. FINAL PAYMENT

Upon completion of work (or portions thereof) under this Contract, the Contractor shall notify the Engineer or their designee of his completion of the work. The Engineer or their designee will then make an interim inspection of the work site and submit to the Contractor a “punch list” if required.

Upon interim acceptance of the work at the work site by the Engineer or their designee, and after the Contractor submits the required one (1) year maintenance bond, the bill (which must be submitted within 30 days of final acceptance), and the Certified Payroll for the bill (as required by NYS Labor Law §220), the Contractor shall be paid ninety percent (90%) of the cost of work completed at the work site. Upon final acceptance of the work at the work site by the Engineer and designated representative of the Village, and after the Contractor submits any outstanding Certified Payrolls and affidavits to Central Purchasing and Contracts’ Compliance, as required by NYS Labor Law §220, the Contractor shall be paid the remaining ten percent (10%) of the cost of work completed at the work site. The Village must also be in possession of the required maintenance bond.

22. PURCHASE ORDER

Contractor shall not commence, nor will they be compensated for, any services performed prior to the Contractor submittal of a numbered Southampton Village Purchase Order. The Contractor is to obtain the numbered purchase order from the Village Official responsible for Administration of the Project as well as provide that Official with an invoice for services rendered.

INSTRUCTIONS TO BIDDERS 10

23. LABOR LAW

The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York.

Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract, Paragraph 10, which are hereby referred to and made a part hereof.

24. LIEN LAW

Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims.

25. INSURANCE REQUIREMENTS

25.1 INSURANCE IDENTIFICATION:

The project title is to appear on all insurance certificates. The Village and the Engineer shall both be listed as additionally insured.

25.2 INDEPENDENT CONTRACTOR:

The Contractor is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the VILLAGE OF SOUTHAMPTON, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the VILLAGE OF SOUTHAMPTON including, but not limited to Worker’s Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit.

25.3 COMMENCEMENT

Contractor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Village of Southampton has approved such insurance.

25.4 WORKERS’ COMPENSATION

Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker’s compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or

INSTRUCTIONS TO BIDDERS 11

indirectly employed by the contractor. Copy of Certificate shall be provided to the Village of Southampton.

To assist the State and municipal entities in enforcing WCL section 57, VENDORS seeking to enter into contracts with municipalities MUST provide ONE of the following forms to the government entity entering into a contract:

IF VENDOR IS REQUIRED TO CARRY COVERAGE & HAS AN OUTSIDE

CARRIER, submit Form C-105.2, “Certificate of Workers’ Compensation Insurance” (the VENDOR”S insurance carrier will send this form to the government entity at VENDOR’S request). (PLEASE NOTE: The State Insurance Fund provides its own version of this form, the U-26.3)

IF VENDOR IS REQUIRED TO CARRY COVERAGE & IS SELF INSURED, submit Form SI-12, “Certificate of Worker’s Compensation Self-Insurance” (the VENDOR’S Group Self- Insurance Administrator will send this form to the government entity at VENDOR’S request).

IF VENDOR IS NOT REQUIRED TO CARRY COVERAGE, submit Form WC/DB-100, “Affidavit For New York Entities With No Employees And Certain Out of State Entities, That New York State Workers’ Compensation and/or Disability Benefits Insurance is Not Required” (this form and the instructions for completing it are available for download from the link below).

25.5 DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE

Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate shall be provided to the Village of Southampton.

To assist the State and municipal entities in enforcing WCL Section 220(8), VENDORS/CONTRACTORS seeking to enter into contract with municipalities MUST provide ONE of the following forms to the government entity entering into a contract:

IF VENDOR/CONTRACTOR IS REQUIRED TO CARRY COVERAGE & HAS AN OUTSIDE

CARRIER, submit Form DB-120.1, “Certificate of Disability Benefits Insurance” (the VENDOR’S/CONTRACTOR’S insurance carrier will send this form to the government entity at VENDOR’S/CONTRACTOR’S request).

IF VENDOR/CONTRACTOR IS REQUIRED TO CARRY COVERAGE & IS SELF INSURED,

submit Form DB-155, “Certificate of Disability Self-insurance” (the VENDOR/CONTRACTOR must call the Workers Comp. Board’s Self-Insurance Office @ 518-402-0247).

INSTRUCTIONS TO BIDDERS 12

IF VENDOR/CONTRACTOR IS NOT REQUIRED TO CARRY COVERAGE, submit Form WC/DB-100, “Affidavit For New York Entities with no employees and Certain Out of State entities, that New York State Workers’ Compensation and/or Disability Benefits Insurance Coverage is not Required” (this form and the instructions for completing it are available for download from the link below).

PLEASE note that ACORD forms are NOT acceptable proof of New York State Workers’ Compensation or Disability Benefits insurance coverage.

Form WC/DB-100 and the instructions for completing it are available on the Board’s website, www.wcb.state.ny.us, under the heading “Common Forms.” It may also be obtained by writing or visiting any District Office of the Workers’ Compensation Board.

Affidavits must be stamped as received by the NYS Workers’ Compensation Board.

25.6 GENERAL LIABILITY INSURANCE

The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Village from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Village, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable.

Bodily injury liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $2,000,000 (two million dollars) on account of all accidents.

OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE:

1. Coverage shall be written on commercial general liability form.

2. Coverage shall include:

A. Contractual liability B. Independent contractors C. Products and completed operations

25.7 AUTOMOBILE LIABILITY INSURANCE:

Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of $1,000,000 (one million dollars).

http://www.wcb.state.ny.us/

INSTRUCTIONS TO BIDDERS 13

Automobile coverage is required from those who provide delivery. Bidders who use common carriers for delivery do not need automobile coverage statements.

OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE:

1. Coverage shall include:

A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage

25.8 ADDITIONAL CONDITIONS OF INSURANCE:

The policies of insurance shall be in such form and shall be issued by such company or companies as may be satisfactory to the Village of Southampton. The policy certificates shall specify the effective dates of the policies, the limits of liability there under, and contain a provision that the said insurance will not be canceled except upon thirty (30) days notice in writing to the Village of Southampton. Vendor/Contractor shall not cancel any policies of insurance required hereunder either before or after completion of the work without written consent of the Village of Southampton.

The contractor/vendor shall file with the Village of Southampton, prior to commencing work under this contract, a certificate of insurance. The Village and Engineer shall be listed as additionally insured.

Certificate of insurance shall include:

A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included on certificate.

G. Limits of liability for all policies included on certificate

If the contractor’s/vendor’s insurance policies should be non-renewed, cancelled or expire during the life of the contract, the Village shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Village of Southampton for cancellation is applicable.

INSTRUCTIONS TO BIDDERS 14

26. INDEMNIFICATION BY CONTRACTOR

The CONTRACTOR agrees to protect, defend, indemnify and hold the Village of Southampton and its employees, and L.K. McLean Associates, D.P.C. free and harmless from and against any and all losses, claims, liens demands and causes of action of every kind or character, including claims, liens, debts, personal injuries, death (including claims or losses by or death of employees of the Village of Southampton, L.K. McLean Associates, D.P.C. or the CONTRACTOR, and without limitation by enumeration, all other claims or demands of every character occurring or in any wise incident to, in connection with, or arising, directly or indirectly, out of this Agreement. The CONTRACTOR/VENDOR agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demands or suits at its sole expense and agrees to bear all other costs and expenses related thereto, even if such claims, demands or suits are groundless, false or fraudulent.

27. TERM OF THE CONTRACT

The term of the Contract shall be from the date of execution of the Contract by the Mayor or his or her designee and four (4) months from the date of a fully executed contract, unless terminated earlier by the Village. The Village reserves the right to extend the Contract for up to one (1) year upon agreement of the parties, if doing so would be in the best interest of the Village.

All bills pertaining to this Contract must be submitted no later than thirty days (30) after completion and final sign off by the Village.

28. WAGE RATES

The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which are to be paid on this project, are to be found on website provided in Notice to Bidders, the vendor awarded the contract shall be provided with an original wage schedule.

29. CONTRACT

CERTIFICATE HOLDER SHALL BE LISTED AS:

VILLAGE OF SOUTHAMPTON

23 MAIN STREET

SOUTHAMPTON, NY 11968

INSTRUCTIONS TO BIDDERS 15

Contract for this project will be provided by the Village as an Agreement Between Owner and Contractor.

GENERAL CONDITIONS

1. Definitions of Terms

2. Standards of Workmanship

3. Samples

4. Manufactured Materials

5. Laboratory

6. Shop Drawings

7. Permits

8. Plans and Specifications

9. Work Orders

10. Cutting, Patching and Digging

11. Errors, Omissions and Discrepancies

12. Temporary Utilities

13. Proper Method of Work and Proper Materials

14. Inspection

15. Waiver

16. Water and Electric Power

17. Machinery and Equipment

18. Maintenance

19. Schedule of Operations

20. Right to Use Work

21. Notice of Warning

22. Warning Signs

23. Accident Prevention

24. Damages

25. Maintenance of Traffic

26. Final Site Cleaning

27. Protection of Land Markers, Trees, Shrubs and Property

28. Protection of Utilities

GENERAL CONDITIONS 2

1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in these Specifications, it is understood that they have the meaning defined below:

PLANS: All official drawings or reproductions of drawings, pertaining to the work or to any structure connected therewith.

SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods of manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract.

VILLAGE: Shall mean Village Board, Village of Southampton.

CONTRACT: Collectively, the Contract executed by the Village and the Contractor, the Advertisement for Bids, the Instructions to Bidders, Proposal, these General Conditions, the Plans, Specifications, all Addenda, Performance Bonds, and all supplemental agreements made or to be made.

CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract.

INSPECTOR: Any authorized representative of the Village assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contractor.

MATERIALS: Any approved materials acceptable to the Village and conforming to the requirements of these Specifications.

WORK: All of the work proposed to be accomplished at the various stages of the project, and all such other work as is, in any manner, required to accomplish the complete project.

This includes all labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of the Contract. The term “work performed” shall be construed to include material delivered to and suitably stored at the site of the project.

2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or the apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection, and all interpretations of these Specifications shall be made upon this basis.

GENERAL CONDITIONS 3

3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples.

Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Village to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Village until approval is given.

Work and material shall be furnished and executed in accordance with approved samples in every aspect. Each sample shall be labeled, bearing material, and name and quality, contractor’s name, date, and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from the Village.

4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Village shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned, unless approval of the Village is obtained in writing for a substitution. Should the Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Village’s consideration.

Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer’s directions, the Contractor shall submit such directions to the Village as required.

The materials used in construction shall be disposed as not to endanger the work and so that full access may at all times be had to partly completed work and structures, and shall be so disposed as to cause no injury to those having access to the work.

All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring results of first class only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind.

5. LABORATORY: Laboratories shall be designated by the Village for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Village.

GENERAL CONDITIONS 4

6. SHOP DRAWINGS: The Contractor shall submit to the Village one electronic copy of all shop drawings and schedules and no work shall be fabricated until its approval has been given. All shop drawings submitted to the Village must bear the Contractor’s stamp of approval evidencing that the drawings have been checked.

The Contractor will make any corrections in the drawings required by the Village and will file with the Village four corrected copies. Approval by the Village of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Village of any such deviations.

7. PERMITS: Village of Southampton will furnish permits as necessary. The Contractor shall coordinate all inspections.

8. PLANS AND SPECIFICATIONS: Contractor will be furnished with five sets of plans and specifications giving all the details and dimensions necessary for carrying out the work. One copy of the plans and specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the plans and not mentioned in the specifications, or mentioned in the specifications and not shown on the plans, and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed, and done, as if the same were both mentioned in the specifications and shown on the drawings. Any conflict or inconsistency between the plans and specification, or any discrepancy between the figures and scale of drawings shall be submitted by the Contractor to the Village, whose decision thereon shall be conclusive.

In the event the meaning of any portion of the specifications or drawings or any supplementary drawings or instructions of the Village is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted.

All materials and workmanship must be strictly in accordance with the specifications.

The plans show the approximate size, arrangement and location of the proposed work.

During construction, the Village will give exact lines, grades, shapes and dimensions, and the Contractor shall construct the work exactly in accordance with such instructions of the Village, subject, however, to change as provided for under the headings, “Changes in Plans and Specification” and “Extra Work”.

Additional copies of plans and specifications, when requested, will be furnished to the Contractor at cost of reproduction.

The Contractor shall furnish to each of the subcontractors and material men, such copies of the Contract documents as may be required for their work.

GENERAL CONDITIONS 5

9. WORK ORDER: Should conditions warrant design changes, the Village shall authorize any or all changes in the Contractor’s scope of work through the issuance of Work Orders. The costs for either additions or deductions to the approved scope of work authorized by the Work Order shall be based on the Unit Costs identified by the Contractor in his Proposal.

10. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by, the drawings and specifications for the completed structure, and he shall make good after them as the Village may direct.

Any cost caused by defective or ill-timed work shall be borne by the party responsible therefore.

The Contractor shall not endanger any work by cutting, digging, or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Village.

11. ERRORS, OMISSIONS AND DISCREPANCIES:

A. If any errors, omissions or discrepancies appear in the drawings, specifications or other documents, the contractor shall, notify the Engineer and Village in writing of such errors or omissions. In the event of the Contractor’s failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same.

B. If, in the opinion of the Contractor, any work is shown on drawings, or in details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the drawings and/or specifications, he shall refer the same to the Village for interpretation before proceeding with the work. If the Contractor fails to make such references to the Village, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner as directed.

C. Should a conflict occur in or between the drawings and specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Village, before the submission of bids, as to which method or materials will be required. The Village will determine which method or material will produce the results to the best interest of the Village.

12. TEMPORARY UTILITIES: The Contractor shall provide for temporary utilities as necessary.

GENERAL CONDITIONS 6

13. PROPER METHOD OF WORK AND PROPER MATERIALS: The Village shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible, and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Village as insufficient or improper for assuring the quality of the work required, or the required rate of progress, the Village may order the Contractor to increase their efficiency or to improve their character, and the failure of the Village to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified.

During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures, pipe lines, etc.

14. INSPECTION: Inspectors shall be authorized to inspect all work done and materials furnished. Such inspections may extend to all parts of the work, and to the preparation or manufacturer of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Village. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these specifications, nor to approve or accept any portion of the work, or to issue instructions contrary to the plans and specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Village in any way, nor releasing the Contractor from the fulfillment of the terms of the Contract.

The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Village in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and materials until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Village.

The Contractor shall, at all times, provide the Village’s assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract.

GENERAL CONDITIONS 7

Until acceptance of the work by the Village, the Contractor shall be responsible for all damage to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause.

15. WAIVER: Neither the inspection by the Village or any of its employees, nor any order, measurement or certificate by the Village, nor any order by the Village for the payment of any money, nor any payment for, or acceptance of the whole or any part of the work by the Village, nor any extension of time, nor any possession taken by the Village or its employees, shall operate as a waiver of any provisions of this Contract, or of any power herein reserved to the Village, or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a…