Project Manual _ Specifications, Scarsdale Sanitation Yard Vehicle Scale Replacement.pdf

PROJECT MANUAL / SPECIFICATIONS

FOR:

SANITATION YARD VEHICLE

SCALE REPLACEMENT

VM CONTRACT #1314

May 23, 2024

VILLAGE OF SCARSDALE

WESTCHESTER COUNTY, NEW YORK

NOTICE TO BIDDERS

Contract VM #1314

Sealed proposals will be received by the Board of Trustees of the Village of Scarsdale, through its agent Ann Scaglione, Village Treasurer, in the Village Hall, 1001 Post Road, Scarsdale, New

York until 2:00P.M., Tuesday, June 18, 2024, for the Scarsdale Sanitation Yard Vehicle Scale

Replacement Project. At the above time and place bids will be publicly opened and read.

Bidder may obtain copies of the form of proposals, detailed specifications, and drawings at the

Department of Public Works in the Scarsdale Village Hall, 1001 Post Road, Scarsdale NY

10583. Digital bid documents are also available upon request by contacting the Department of

Public Works at 914-722-1153 or PZaicek@Scarsdale.com.

Each bidder shall deposit with his/her bid a certified check, bid bond or cash in the amount not less than 5% of his/her total lump sum bid price. Should the successful bidder fail to execute the form of contract within ten days after notice of award, bid check, cash or bond will be forfeited to the Village of Scarsdale as liquidated damages. The bid deposit or bid bond of the successful bidder will be held until the contract has been executed and all required insurances and bonds are submitted and accepted by the Village. Bid deposits or bid bonds of the unsuccessful bidders will be held until the successful bidder has executed the contract or all bids rejected.

The Village of Scarsdale reserves the right to reject any or all proposals, to omit any item or items, to waive any informality in the proposal or to approve minor changes in the specifications if deemed advisable in the interest of the Village.

A prebid meeting is scheduled for Tuesday, June 4, 2024, at 11:00 a.m. at the project site, Scarsdale Sanitation Complex, 110 Secor Road, Scarsdale, N.Y.

For information call the Department of Public Works at (914) 722-1153.

Alexandra Marshall

Acting Village Manager

Publish: May 24, 2024

INFORMATION TO BIDDERS

Contract VM # 1314

Material & Labor to be Furnished Sealed proposals will be received by the Board of

Trustees of the Village of Scarsdale, through its agent, Ann Scaglione, Village

Treasurer, at the Scarsdale Village Hall, Westchester County, New York, until 2:00 p.m., Tuesday, June 18, 2024, for Contract VM #1314 - Sanitation Yard Vehicle Scale

Replacement Project.

Bids Receive. Bids shall be made on the form of proposal attached hereto and the envelope addressed as follows:

Bid for: Sanitation Yard Vehicle Scale Replacement

VM Contact# 1314

Attention: Ann Scaglione, Treasurer's Office

Opening: Tuesday, June 18, 2024, 2:00 P.M.

Bids not so made will not be considered. Proposal and Bid Security shall be delivered to Ann Scaglione, Treasurer's Office, Village Hall, 1001 Post Road, Scarsdale, New

York, 10583 on or before 2:00 P.M., Tuesday, June 18, 2024, at which time all bids will be publicly opened and read.

Pre-bid Meeting: A prebid meeting is scheduled for Tuesday, June 4, 2024, 11:00 a.m., at the project site, Scarsdale Sanitation Complex, 110 Secor Road, Scarsdale NY.

Bid Security: Each bidder shall, at the time of filing his/her proposal, deliver a bid deposit of cash, bid bond or certified check of the bidder in an amount not less than 5% of the Total Lump Sum Bid price. The bid deposit or bid bond of the successful bidder will be held until the contract has been executed and required insurance’s and bonds are submitted and accepted by the Village. Bid deposits or bid bonds of the unsuccessful bidders will be held until the award of the contract has been fully executed or all bids rejected.

If the bidder to whom the contract is awarded shall fail to sign and execute said contract within 10 days after notice that the contract has been awarded, then the aforesaid bid deposit shall be considered as liquidated damages and shall be forfeited to the Village of Scarsdale or if, in lieu of a bid deposit the successful bidder has submitted a bid bond, the Village will make claim thereunder for all damages it may suffer by reason of bidders default.

If the successful bidder fails to perform as outlined in these contract documents, the

Village has the right to cancel this contract and the bid security shall be considered liquidated damages and shall be forfeited to the Village.

Bidders Qualifications Each bidder, when requested by the Village, shall present evidence that they are normally engaged in the type of work bid upon and shall satisfy the Board as to their financial qualifications. Bidders shall make themselves thoroughly familiar with the specifications and drawings before submitting a proposal in order that no misunderstanding shall exist in regard to the work to be performed under this contract. No bids will be considered from bidders who are unable to demonstrate their competency in the type of work requested in these contract documents.

Acceptance or Rejection of Bids The Board of Trustees of the Village of Scarsdale reserves the right to reject any or all proposals, to accept any combinations of bid alternates or deducts, to omit any item or items, to waive any informality in the proposal or to approve minor changes in the specifications if deemed advisable in the interest of the Village. The Board of Trustees may reject any proposal where there is substantial evidence that the bidder has performed previous work in willful contravention of the terms and conditions of the specifications and contract, and who has delayed such work unnecessarily. The Board of Trustees reserves the right to reject any bid not accompanied by specified documentation and bid security. The

Village of Scarsdale reserves the right to reject any Bid if it shows any omissions, alterations of form, additions not called for, conditions or qualification, or irregularities of any kind.

Bids to Remain Open All bids shall remain open for 45 days after the day of the opening of bids, but the Village may, in their sole discretion, release any bid and return the bid security prior to that date.

Withdrawal of Bids A bidder may withdraw his/her bid before the time fixed for the opening of bids by communicating his/her purpose in writing to the Village. Upon receipt of such written notice, the unopened Bid will be returned to the bidder.

Assignment

The Contractor shall not assign by power of attorney or otherwise the work or any part thereof without the previous written consent of the Village and shall not either legally or equitable assign any of the money payable under this agreement or his claim thereto unless by and with the like consent of the Village.

Bidder to Determine Conditions at Site of Work

It is expected that bidders will make a personal inspection of the existing project site, to enable them to prepare their bids intelligently. No allowance will be made for any claim that bids were made on incomplete information as to the nature and character of the project site.

Refusal to Testify

Upon the refusal of a person, when called before a grand jury, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation 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 of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning

Such transaction or contract.

(a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving rewards from or entering into any contracts with any municipal corporation or fire district, or any public department, agency or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that

(b) Any and all contracts made with any municipal corporation or any public department, agency or official thereof on or after July 1, 1959 or with any fire district or any agency or official thereof on or after September 1, 1960, by such person, and by any firm, partnership, or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation or fire district without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation or fire district for goods delivered or work done prior to the cancellation or termination shall be paid.

Non-Collusive Bidding Certification:

(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 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.

Disqualification of Bidders:

Bids will not be accepted from firms which have pleaded guilty to or, otherwise, been convicted of bid-rigging or related criminal charges. Nor will bids be accepted from firms which include a principal or an officer who has pleaded guilty to or, otherwise, been convicted of bid-rigging or related criminal charges. Such bidders are disqualified from bidding on this project.

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In the event of cancellation, a thirty (30) day written notice will be given to the Village of Scarsdale prior to cancellation.

Note: Original copies of insurance policies affording above coverage, for which certificates of insurance are to be furnished to the Village, must be submitted to the Village for examination along with the submission of certificate, but the policies will be returned promptly.

3. Contractor Execute Before a Notary Public and Deliver to the Village the Following Hold Harmless" Agreement:

"It is agreed that the contractor shall indemnify and save harmless the Village of Scarsdale, its officers, employees and agents from and against all losses and claims, demands, payments, suits, actions, recoveries and judgements of every nature and description brought or recovered, by reason of any act or omission of said contractor, his subcontractor, his agents or employees, in the execution of the work or in the guarding of it or of any failure to comply with any law, ordinance or regulation or by reason of the method or manner of doing the work provided in this contract."

Provisions of New York State Labor Law

There follow stipulations from the Labor Law applicable to all municipal contracts:

(A) This contract requires that the employment of laborers, workmen or mechanics shall comply with the requirements of Article B (Sections 220-223) of the New York

State Labor Law:

1. No laborer, workman or mechanic in the employ of contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the

Commissioner of Labor. (See Section 220.2)

2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not less than the prevailing rate of wages at the time the work is performed, and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the contract is let, each workman, laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3)

3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics, workmen or laborers. (See Section 220.3a)

4. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his workforce on any job under the registered program. Any employee, who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section

220.3)

5. (a) No contractor, subcontractor, nor any person acting on his behalf, shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-3(a) )

(b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex or national origin. (See Section 220-e (b) ) Note: The Human

Rights Law also prohibits discrimination in employment because of age, marital status or religion.

(c) The contract may be cancelled or terminated by the state or municipality, and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections of the contract. (See Section 220-e)

(d) If at any time during the prosecution of this contract a harmful dust hazard is created for which appliances or methods for the elimination of harmful dust have been approved by the Board of Standards and Appeals, such appliances or methods for the elimination of harmful dust shall be installed, maintained and effectively operated.

If the provisions of this paragraph are not complied with this contract shall be void.

Minimum Wage Rates Wage rates utilized by contractor’s for the contract work identified herein shall comply with Section 220-d of the Labor Law of the

State of New York and the current Prevailing Wage Rate Schedule.

END OF SECTION

SUPPLEMENTAL GENERALCONDITIONS

VM Contract # 1314

SUPPLEMENTAL GENERAL CONDITIONS

Character and Location of Work: The work shall comprise all labor, materials, parts and equipment necessary for the performance of the specified Scarsdale Sanitation Vehicle Scale

Replacement. It is the intent of the Village of Scarsdale to enter into a contract with a qualified contractor for the Scarsdale Sanitation Vehicle Scale Replacement.

Contract Number:

For the purpose of identification, the work under this contract will be known as VM Contract

#1314 – Sanitation Yard Vehicle Scale Replacement.

Project Schedule:

Bids Due – June 18, 2024 (2:00 p.m.)

Contract Award – July 9, 2024 (Village Board of Trustees Meeting)

Start of Construction / Notice to Proceed – July 22, 2024

Project Completion (Functioning Scale) – October 18, 2024

Above project schedule is predicated on the lowest responsible bid received is within the

Village’s project budget and there are no ambiguities in the bids that require additional time to review. If additional time is needed to review the bids the Village reserves the right to modify the project schedule accordingly. If the Village decides to reject all bids and rebid the project a revised project schedule will be prepared and included in the revised bid documents.

Work Hours

Monday – Friday between 8:00 AM – 4:00 PM.

No weekends or Holidays

Approval of Subcontractors: The Contractor shall, as soon as practicable after the signing of the

Contract, notify the owner in writing of the names of subcontractors proposed for the work and shall not employ any that the owner may within a reasonable time object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the Village for the acts and omissions of his subcontractors and persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the

Contract documents shall create any contractual relations between any subcontractor and the

Village. Contractor cannot subcontract more than 50% of the contract work.

Performance and Payment Bonds: Contractor shall furnish Performance and Payment Bonds each in an amount at least equal to 100% of the awarded contract amount as security for the faithful payment of all Contractors’ obligation under the Contract documents including, but not limited to, the warranty period. The bond shall be executed by such sureties as:

1. Are licensed to conduct business in New York

State, and

2. Are named in the current list of "Companies

Holding Certificates of Authority as Acceptable

Sureties on Federal Bonds and as Acceptable

Reinsuring Companies" as published in Circular

570 (amended) by the Audit Staff Bureau of

Accounts, U.S. Treasury Department.

If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated or it ceases to meet the requirements specified above the

Contractor shall within five days thereafter substitute another Bond and surety, both of which shall be acceptable to the Village. Upon completion of the project the Contractor’s Surety

Company shall approve in writing to the Village that final payment may be released.

Order and Direction of Work:

The Contractor shall supervise and direct the work efficiently using the best skill and attention and shall be solely responsible for the means, methods, techniques, sequences and procedures of work.

The work to be done shall be under the general supervision of the Village Project Manager /

Public Works Department. The Contractor shall immediately comply with any and all orders the instructions given by the Village Project Manager / Public Works Department.

Maintenance Guarantee The contractor shall submit to the Village a Warranty Bond in the amount of 5% of the total construction cost after completion of all work to the satisfaction of the

Village as hereinafter described and prior to final payment which payment shall include 100 percent of the labor, materials and equipment incorporated into the work after deducting therefrom all previous payments and, also, all percentages and deductions to be retained under any of the provisions of this contract.

The Contractor warranties that the work done under this Contract and materials furnished and used by him shall be free from defects and flaws. The warranty is for a term of one year from and after the date upon which all work is substantially completed and accepted by the Village.

The Contractor agrees that he will promptly make any repairs required under the warranty. If the Contractor unnecessarily delays or fails to make the ordered repairs within 30 days time, then the Village will have the right to make such replacements or repairs and the expense thereof shall be paid by the Contractor.

A warranty inspection shall be conducted during the eleventh month following the completion and acceptance of all work. All defective work shall be repaired in accordance with this specification and to the satisfaction of the Village of Scarsdale.

The Contractor also agrees to furnish, prior to final payment, a certificate from his surety stating that the bond or bonds issued for this contract cover the cost of making any repairs required under the warranty.

Completion of Work by Village:

If the work to be done under this Contract shall be abandoned by the Contractor, or if this

Contract shall be assigned, or the work sublet by him, otherwise than as herein specified, or if at any time the Village shall be of the opinion that the performance of the Contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the Contract Documents, or is executing the same in bad faith or not in accordance with the terms thereof; the Village may notify the Contractor to discontinue all work, or any part thereof under this Contract, by a written notice to be served upon the Contractor as herein provided; and the Contractor shall, within five (5) days of the service of said written notice, discontinue the work, or such part thereof, and the Village shall thereupon have the power to contract for the completion of the Contract in the manner prescribed by law, or to place such and so many persons as it may deem advisable, by contract or otherwise, to work, and complete the work herein described, or such part thereof; to take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purpose of his work, and to procure other materials and equipment for the completion of the same, and to charge the expense of said labor and materials, and any additional costs of further engineering services made necessary by such default, to the Contractor. The expense so charged shall be deducted and paid by the Village out of monies as may be due or may at any time thereafter grow due to the Contractor under and by virtue of this Contract, or any part thereof;

and in case such expense shall exceed the amount which would have been payable under the

Contract if the same had been completed by the Contractor, the Contractor or his surety shall pay the amount of such excess to the Village; and in the case such expense shall be less than the amount which would have been payable under this Contract if the same had been completed by the Contractor, the Village shall pay such difference to the Contractor.

Assignment or Novation

The Contractor shall not assign or transfer, whether by an assignment or novation, any of its rights, duties, benefits, obligations, liabilities, or responsibilities under this Contract without the written consent of the Owner; provided, however, that assignments to banks, trust companies, or other financial institutions may be made without the consent of the Owner.

No assignment of any of the Contractor's rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools or equipment.

Payments to Contractor

A. Payment

1. The Contractor shall prepare an estimate of the work performed for partial payment as of a mutually agreed upon date at least 30 days after the beginning of work, and approximately every 30 days thereafter. The amount of the payment due the Contractor shall be determined by adding the total value of work completed to date and deducting (1) five percent (5%) of the total amount, to be retained until final payment and (2) the amount of all previous payments. The total value of work completed to date shall be based on the estimated quantities of work completed and on the unit prices, if any, contained in the Agreement.

There will be no payments or partial payments to the Contractor for materials purchased and stored/stockpiled on the project site.

Certified Payrolls are required with every invoice.

2. The Owner, before paying the final estimate, may require the Contractor to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the Project) and services to the Contractor, if the Owner deems the same necessary in order to protect its interest. The Owner, however, may if it deems such action advisable, make payment in part or in full to the Contractor without requiring the furnishing of such releases or receipts of any payment so made shall in no way impair the obligations of any surety or sureties furnished under this Contract.

3. If it was necessary for the Owner to expend money for labor, materials or equipment on this project because the Contractor failed to perform satisfactorily or promptly, and a bill for such sum remains unpaid, the Owner may deduct this sum from partial payments or the final payment. Furthermore, if the specifications provide for certain work to be done by the Owner with the fee or cost to be borne by the Contractor, and a bill for such services remains unpaid, the

Owner may deduct this sum from the partial or the final payment.

4. Neither Final payment nor any remaining retained percentage shall become due until the contractor submits to the owner (1) An affidavit that all subcontractors have been paid for their labor and material, and all payrolls, bills for materials and equipment, and other indebtness connected with the work for which the Owner of the Owner’s property might be responsible for encumbered (less the amounts withheld buy Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurances required by the contract documents to remain in force through the warranty period and will not be cancelled or allowed to expire until at least 30 day’s prior written notice has been give to the Owner, (3) Consent of

Surety to final payment, (4) Receipt of all required warranties as specified in contract documents.

5. Withholding of any amount due the Owner under the section entitled

"LIQUIDATED DAMAGES" shall be deducted from the final payment due the

Contractor. At the Owner's option, liquidated damages may be deducted from any partial payment.

c. Withholding Payments

Notwithstanding the above, the Owner may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner and if it so elects may also withhold any amounts due from the Contractor to any Subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his Subcontractors or material dealers, or to withhold any monies for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any monies from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract.

Changes in the Work

a. The Owner may make changes in the work required to be performed by the

Contractor under the Contract by making additions thereto, or by omitting work there from, without invalidating the Contract.

b. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the materials used or in the specified manner of construction and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Owner, authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract price will be valid unless so ordered.

c. The Contractor agrees to perform any of the aforementioned changed work, along with all other required work found under the Contract, without delay and in accordance with good construction practices.

d. These changes outlined above may be made without relieving or releasing the

Contractor from any of his obligations under the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is provided otherwise.

e. All adjustments to the Contract payment provisions will be made in accordance with the following paragraphs.

f. If applicable unit prices are contained in the Agreement (established as a result of either a Unit Price Bid or a Supplemental Schedule of Unit Prices), the Owner may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved in the applicable unit prices specified in the Contract.

g. If applicable unit prices are not contained in the Agreement, the Owner shall, before ordering the Contractor to proceed with desired changes, request an itemized proposal from him covering the work involved in the change after which the procedure shall be as follows:

1. If the change in the work involves additional work, the procedure shall be as follows:

(a) If the proposal is acceptable, the Owner will prepare the Change Order in accordance therewith for acceptance by the Contractor; or

(b) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Owner may issue a Change Directive which directs the contractor to proceed with the additional work with the cost to be negotiated at a later date prior to the completion of the contract.

2. If the change in the work requires a reduction in the work involved, the procedure shall be as follows:

(a) If the proposal is acceptable, the Owner will prepare the Change Order in accordance therewith for acceptance by the Contractor; or

(b) If the proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Engineer shall fix the cost value of the credit. The Owner may then order the Contractor to proceed with the work. Should the Contractor disagree with the cost value of the credit as fixed by the Engineer, he may appeal the same in accordance with the procedures outlined in the GENERAL CONDITIONS.

h. Each Change Order shall include in its final form:

1. A detailed description of the change in the work.

2. The Contractor's proposal (if any) or a confirmed copy thereof.

3. Definite statements as to the resulting change in the Contract price and/or time.

4. The statement that the Change Order is subject to the approval of the Owner.

i. Contractor shall not take advantage of any obvious error in the specifications or any such error in the drawings or other Contract Documents. Any obvious error or discrepancy in or between any of the Contract Documents shall be immediately reported to the Engineer who shall make such corrections and interpretations as may be deemed necessary for the completion of the work in a satisfactory and acceptable manner.

j. Change Orders shall in general be in writing. If a Contractor claims that a change order was given to him orally, his claim shall be invalid unless such oral change order was given by an authorized Engineer as defined in Section 101.f of this Contract, and further unless such oral change order was confirmed in writing within 24 hours of the giving of the alleged oral change order.

k. When change orders, or claims involve a subcontractor, no surcharge will be allowed the Contractor for handling, processing, supervision, or coordination.

Claims for Extra Cost

a. All claims between parties, including all claims for additional compensation and/or additional time, arising out of, or in any way related to this Contract and/or the performance of the same, or its interpretation shall within ten (10) days of the event or action giving rise to the claim be presented to the Engineer. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, the Contractor shall proceed with the work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) days prior to the receipt by the Engineer of notice thereof. The Contractor shall in no case allow any claim or dispute to delay the work.

b. As soon as practicable after the final submission of all information the Owner shall make a determination of any claim. Said decision of the Owner shall be a condition precedent to any further action on the claim. However, upon certification in writing by the claimant the Owner shall be obliged to render a decision on said claim within sixty (60) days of the date of said certification. Should the Owner fail to render its decision within the aforementioned sixty- (60) day period, its decision will not be a condition precedent to any further action on the part of the claimant.

c. There shall be no added compensation paid for delay to the Contractor unless the

Owner causes said delay by a material breach of this Contract, and compliance with the foregoing notice provisions shall be a condition precedent to the prosecution of any such claim. In any claim for delay except for "Excusable Delays and Extensions of Time" as defined in the GENERAL CONDITIONS SECTION "TERMINATION";

"DELAYS AND EXTENSIONS"; "LIQUIDATED DAMAGES" wherein it is alleged that the Contractor's equipment was caused to remain idle, only one half of the prevailing rental rates for use of said equipment will be considered as damages for idled equipment in order to allow for the absence of fair wear and tear, which is allowed for in prevailing rental rates for equipment usage.

d. Claims for additional compensation for extra work, due to alleged errors in ground elevations, contour lines, or bench marks, will not be considered unless accompanied by certified survey data, made prior to the time the original ground was disturbed, clearly showing that errors exist which resulted, or would result, in handling more material, or performing more work, than would be reasonably estimated from the

Drawings and maps issued.

e. If, on the basis of the available evidence, the Owner determines that an adjustment of the Contract Price and/or Time is justifiable, the procedure shall be as provided in

Sections -"CHANGES IN THE WORK" or "TERMINATIONS; DELAYS AND

EXTENSIONS” of the GENERAL CONDITIONS.

f. In the event of an unfavorable decision by the Owner, the Contractor shall have the right to contest said decision as provided for under the provisions of this Contract.

Termination; Delays and Extensions; Liquidated Damages

a. Termination of Contract. For its own convenience the Owner may, at any time prior to the issuance of a Notice to Proceed, void the Contract by giving unequivocal and unconditional written notice of such avoidance to the Contractor and in the event of such avoidance the Owner will not be liable to the Contractor for any claims or losses, including anticipation of performance under the Contract.

At any time subsequent to the Notice to Proceed the Owner, may at its own convenience, terminate the Contract by giving unequivocal and unconditional written notice of such termination to the Contractor. In the event of such termination by the

Owner, the Owner shall be responsible to the Contractor for the following monies only, which monies shall be subject to legitimate changes of the Owner against the

Contractor:

1. All reasonable costs incurred by the Contractor in performance of or in anticipation of performance of the Contract provided the Contractor shall take all reasonable steps to mitigate such damages including the return and/or resale of materials ordered.

2. On Lump Sum projects, a mark-up of 10% for profit and 10% for overhead on the reasonable cost of the work that is completed and in place in accordance with the

Contract Drawings and Specifications will be allowed. On unit price contracts, allowances for profit and overhead shall be considered to have been included in each of the Contractor's original unit prices bid. The Contractor shall remain responsible for the work completed, in accordance with the Contract provisions.

Should any work under this contract be subject to, or terminated by the action of any third party, governmental unit or court due to any ecological or other reason the rights of the Contractor to recover from the Owner shall be determined as set forth above.

The Owner may give notice in writing to the Contractor and his Surety of any material breach of the Contract by the Contractor to include but not be limited to any of the following:

(a) Failure to begin the work under the Contract within the time specified.

(b) Failure to perform the work with sufficient workmen, equipment or materials to ensure the prompt completion of said work.

(c) Unsuitable performance of the work or failure to perform new such work as shall be rejected as defective and unsuitable.

(d) Neglecting or refusing to remove material rejected as defective and unsuitable.

(e) Discontinuing the suitable prosecution of the work for a period of 72 hours, excluding Sundays and holidays without written authorization of the Engineer.

(f) Failure to commence discontinued work within 48 hours after notice to resume (excluding Sundays and holidays).

(g) Becoming insolvent or declared bankrupt, or commits any act of bankruptcy or insolvency.

(h) Allowing any final judgment to stand against him unsatisfied for a period of ten (10) calendar days.

(i) Making any assignment for the benefit of creditors.

(j) Violating any covenants contained in the Contract Documents.

(k) Failure to eliminate unsafe conditions within 12 hours.

The Contractor or Surety within a period of ten (10) calendar days after such notice shall take all practical action to correct said material breach. Should said action fail to meet with the approval of the Owner, the Owner, may at its discretion, order the Surety to complete the work or, without violating the Contract, take the prosecution of the work out of the hands of said Contractor and Surety.

The Owner may appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement, either by negotiation or public letting, for the completion of said Contract according to the terms and provisions thereof, or use such other methods or combinations thereof, as in its opinion shall be required or desirable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner together with the cost of completing the work under Contract shall be deducted from monies due or which may become due said

Contractor. In case such expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the

Owner the amount of said excess.

b. Excusable Delays and Extensions of Time. The right of the Contractor to proceed shall not be terminated nor shall the Contractor be charged with liquidated damages for any delays in the completion of the work due:

1. To any acts of the Government, including controls or requisitioning of materials, equipment, tools, or by labor by reason of war, National Defense, or any other national emergency.

2. To any acts of the Owner caused by an injunction or litigation against said Owner, by a third party.

3. To causes not reasonably foreseeable by the parties to this Contract at the time of the execution of the Contract which are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of another Contractor in performance of some other

Contract with the Owner, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, and weather of unusual severity such as hurricanes, tornadoes, cyclones and other extreme weather conditions; and

4. To any delay of any Subcontractor occasioned by any of the causes specified in subparagraphs 1, 2 and 3 of this paragraph "b".

Provided, however, that the Contractor promptly notify the Owner within ten (10) days in writing of the cause of the delay. Upon receipt of such notification, the

Owner shall ascertain the facts and the cause and the extent of delay. If, upon the basis of the facts and the terms of this Contract, the delay is properly excusable, the Owner shall extend the time for completing the work for a period of time commensurate with the period of excusable delay.

No claim for damages or any claim other than for an extension of time as herein provided shall be made or asserted against the Owner by reason of any delay.

c. Liquidated Damages for Delay. If the work is not completed by the Project

Completion date (Functioning scale) stipulated in the Project Schedule of the

Supplemental General Conditions of the Project Manual, including any extensions of time for excusable delays as herein provided, the Contractor shall pay to the Owner

$1,000.00 as a fixed agreed amount for liquidated damages (it being impossible to determine the actual damages occasioned by the delay) for each calendar day of delay, until the work is substantially completed, as determined by the Project

Engineer, and the Contractor and his sureties shall be liable to the Owner for the amount thereof. Neither permission given by the Owner for the Contractor to continue the work after the time fixed for completion, nor the inspection and acceptance of such work, shall be deemed a waiver on the part of the Owner of any of his rights under this Contract.

Claims, Counterclaims & Disputes

All claims, counterclaims, disputes and other matters in question between the Owner and the

Contractor, not otherwise resolved, arising out of or relating to this agreement or its breach shall be decided by either mediation, arbitration, or in a court of competent jurisdiction. The Owner, in its sole discretion, shall specify and choose the method of conflict resolution.

Indemnity Clause

The Contractor agrees to protect, defend, indemnify and hold the Village of Scarsdale and its officers, employees, agents; and the Engineer and his consultants; free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or the performance hereof: without limiting the generality of the foregoing, any and all such claims, etc., relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his sole expense and agrees to bear all other costs and expenses related thereto, even if it (claims, etc.), is groundless, false or fraudulent. In any case in which such indemnification would violate Section

5-322.l of the New York General Obligations Law, or any other applicable legal prohibition, the foregoing provisions concerning indemnification shall not be construed to indemnify the Owner for damage arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Owner, or its employees.

Disputes

a. All disputes arising between the parties arising out of, or in any way related to this

Contract and/or the performance of the same, or its interpretation, shall within ten

(10) days of the event or action giving rise to the dispute be presented to the

Engineer. All papers pertaining to the dispute shall be filed in quadruplicate. Such notice shall state the facts surrounding the dispute in sufficient detail to identify the dispute, together with its character and scope. In the meantime, the Contractor shall proceed with the work under this Contract as directed. Any dispute not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the dispute is of a continuing character and notice of the dispute is not given within ten (10) days of its commencement, the dispute will be considered only for a period commencing ten (10) days prior to the receipt by the Engineer of notice thereof. The Contractor shall in no case allow any dispute to delay the work under this Contract.

b. As soon as practicable after the final submission of all information the Owner shall make a determination of the dispute. Said decision of the Owner shall be a condition precedent to any further action on the dispute. However, upon certification in writing by the claimant that the dispute has been submitted in its final form the Owner shall be obliged to render a decision on said dispute within sixty (60) days of the date of said certification. Should the Owner fail to render its decision within the aforementioned sixty- (60) day period, its decision will not be a condition precedent to any further action on the part of the claimant.

c. Each decision by the Owner will be in writing and will be mailed to the Contractor by registered or certified mail, return receipt requested, directed to his last known address.

d. In the event of an unfavorable decision by the Owner, the Contractor shall have the right to contest said decision as provided for under the provisions of this Contract.

The Contractor shall in no case allow the dispute or decision to delay any work but shall notify the Owner promptly that he is proceeding with the work under protest and he may then accept the matter in question from the final release.

“Or Equal” Clause, Unless Otherwise Specified

Whenever a material, article or piece of equipment is identified on the Contract Drawings or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., the intent is to establish a standard. Any material, article, or equipment of other manufacturers and vendors of equally high quality (particularly with regard to points specified in the specifications) which will perform equivalently within the design ranges specified will be equally acceptable provided that the material, article or equipment so proposed is, in the opinion of the Engineer, of equal substance and function. Further the manufacturer must agree to comply fully with the warranty requirements of the specifications. The Contractor may not assume that the Engineer will approve substitute equipment and non-approval of said equipment will form no basis for a claim for additional compensation by the Contractor. No substitute equipment shall be purchased or installed by the Contractor without the Engineer's written approval. If the

Engineer's approval is obtained for alternate equipment, the Contractor shall, at his own expense, make any changes in the structures, building, piping or electrical necessary to accommodate the equipment and if engineering is required due to substitution of other material the Contractor shall reimburse the owner for the engineering service. The Contractor must pay for any laboratory testing required to establish the equality of his proposal.

END OF SECTION

New York State

Prevailing Wage

Requirements

PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT

Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project.

The schedule is effective from July 2023 through June 2024. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.ny.gov. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website.

It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages.

Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction.

Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website.

NOTICE OF COMPLETION / CANCELLATION OF PROJECT

Date Completed: Date Cancelled:

Name & Title of Representative:

Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12226 www.labor.ny.gov. PW 200 Ask.PWAsk@labor.ny.gov

Kathy Hochul, Governor Roberta Reardon, Commissioner

Village of Scarsdale

Paul Zaicek,…