Replacement of Automatic Entry Doors.pdf

City of Long Beach

DEPARTMENT OF PUBLIC WORKS

ONE WEST CHESTER STREET

LONG BEACH, NEW YORK 11561

Tel: (516) 431-1011 Fax: (516) 431-5008

REPLACEMENT OF AUTOMATIC ENTRY GARAGE DOORS At:

Long Beach Fire Department – National Blvd.

Long Beach Fleet Maintenance Garage- 601 Long Beach Road.

Contract No. __________________________________________

Selected Contractor ____________________________________

Resolution No._________________________________________

Resolution Date ________________________________________________

July 30, 2026

NEW YORK 11561

DANIEL CREIGHTON, P.E

CITY MANAGER

CITY COUNCIL

BRENDAN FINN, PRESIDENT

CHRIS FIUMARA, VICE PRESIDENT

MICHAEL REINHART

TRACEY JOHNSON

GEORGE ENNIS

Steven Friedman, P.E.

Deputy Commissioner

Department of Public Works

Table of Contents

CITY OF LONG BEACH

TABLE OF CONTENTS 3

NOTICE TO BIDDERS 4

INFORMATION FOR BIDDERS 5

PROPOSAL(General) 15

PROPOSAL (Declaration) 18

PROPOSAL (Qualifications of Bidders) 19

PROPOSAL (Declaration) Cont. 25

PROPOSAL-NON-COLLUSIVE BIDDING CERTIFICATE 27

CONDITIONS OF CONTRACT 28

FORM OF CONTRACT 56

CONDITIONS OF CONTRACT - NEW YORK LABOR STANDARDS PROVISIONS 72

GENERAL SPECIFICATIONS -GENERAL CONSTRUCTION 81

ATTACHMENTS:

American Door Model 626 specifications and features

PRC # from Department of Labor NYS Prevailing Wage Form NYS Vendor's Questionnaire W-9 Form General Contractor License Purchase Tax Exempt Form Sign Sample

NOTICE TO BIDDERS

PLEASE TAKE NOTE that sealed bids will be received in the Department of Public Works, Room 404, City Hall, Long Beach, New York on Thursday, August 13, 2026, at 11:00 a.m. prevailing time for:

REPLACEMENT OF AUTOMATIC ENTRY DOORS At:

Long Beach Fire Department – National Blvd Long Beach Fleet Maintenance Garage- 601 Long Beach Road

No bid will be considered by any person who is in arrears to the City, or who is in default as surety or otherwise upon any obligation to the City, nor shall a bid be considered from any contractor whose performance on any previous contract with the City has been unsatisfactory in the opinion of the City Council. A contractor whose performance has been unsatisfactory shall not be deemed a responsible, qualified bidder.

Bidders may view the broadcast on the following City of Long Beach YouTube Channel:

Https://www.youtube.com/c/cityoflongbeachNYOFICIAL

Plans, specifications and contract documents may be obtained by contacting the office of the Department of Public Works at 516-431- 1011. All documents will be made available electronically, upon receipt of a non-refundable administration fee of $50.00 in the form of a check or money order made payable to the City of Long Beach. The documents will be available on New York State Contract Reporter, however, this office must be contacted to receive any addendums. The $50.00 administration fee is still required.

Bidders must satisfy themselves by personal examination of the site of the proposed work and shall not at any time after the submission of a bid or proposal, dispute or complaint nor assert that there was any misunderstanding in regard to the nature or amount of the work to be performed.

Bidders must ascertain that they have visited the site(s) to become familiar with the conditions at each of the two locations. Provisions can be made through this office for site access.

Each Bid must be prepared and submitted in accordance with the Instructions to Bidders and must be accompanied by Bid Security in the form of a certified check, bank check or bid bond in the amount of ten (10%) percent of the total amount of the bid. Bids will not be accepted without the New York State Vendor Questionnaire.

The City reserves the right to reject any and all bids received, to waive informalities and also reserves the right to increase, decrease, omit any portions of the Specification. The City will award the Contract to the lowest responsible bidder qualified by past experience to satisfactorily perform the required work of this contract and furnishing the required security. Any Contractor submitting a bid must be able to proceed with the detailed work immediately upon Notification to Proceed, and must complete all work within the project duration indicated.

Daniel Creighton City Manager

Nassau County, New York

July 30, 2026 https://www.youtube.com/c/cityoflongbeachNYOFICIAL

INFORMATION FOR BIDDERS

1. General

a. The information contained in the public “Notice to Bidders” and in these specifications, together with the data shown on the Contract Plans, shall be construed as part of each bid. No verbal stipulations or qualifications will be given consideration.

b. Each bid must be made on the form furnished by the City of Long Beach and must be accompanied by a bid security.

c. The bid must be accompanied by a Bid Guaranty which shall not be less than ten (10%) of the total bid including all items of overhead. At the option of the Bidder, the guaranty may be a certified check, bank draft, negotiable U.S.

Government Bonds (at par value) or a Bid Bond. The bid Bond shall be secured by a guaranty or surety company licensed in New York State.

No bid will be considered unless it is accompanied by the required guaranty.

Certified checks, bank drafts or Bid Bonds must be payable to the order of the City Treasurer, City of Long Beach. Cash deposits will not be accepted. The Bid guaranty shall ensure the execution of the agreement and the furnishing of the surety bond or bonds by the successful Bidder, all as required by the Contact Documents. Each bid must be submitted on the prescribed forms.

d. No bid proposal shall be withdrawn, modified, or canceled once it has been submitted. Bids submitted by mail shall be enclosed in a separate sealed envelope containing the Bid and Qualifications addressed to the Deputy Commissioner, Department of Public Works, City of Long Beach, Room 404, One West Chester Street, Long Beach, NY 11561.

Use of mail shall be at the Bidder’s own risk, and the Bidder shall be responsible for physical delivery of the bid at the time and place set for opening bids.

INFORMATION FOR BIDDERS (Cont.)

e. The Bid security of the successful bidder will be forfeited to the City of Long Beach as liquidated damages in case of failure of said bidder to enter into a contract and furnish the necessary bond for the execution of the work within ten

(10) days after receipt of written notice from the City of Long Beach to do so has been mailed to bidder’s address as stated in his Proposal.

2. Verbal Answers and Addenda

a. The City, its agents, servants, employees, or Engineers shall not be responsible in any manner for verbal answers to inquires made regarding the meaning of the Contract Drawings, Specifications or Contract Documents prior to the awarding of the contract.

b. Every request for such an interpretation shall be made in writing to the Deputy Commissioner. Any inquiry received seven (7) or more days prior to the date fixed for the opening of bids will be given consideration. Every interpretation made to a bidder will be in the form of an Addendum to the Contract Documents and when issued it will be on file in the office of the deputy commissioner and copies will be emailed to all prospective Bidders. It shall, however, be the Bidder’s responsibility to make inquiry before bids are received as to the Addenda issued. All such Addenda shall become part of the Contract Documents, and all Bidders shall be bound by such Addenda.

3. Inspection of Each Site:

a. Each Bidder must visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to the work required under this contract and the restrictions attending the performance of the Contract. If applicable the Bidder shall examine and familiarize himself with the Contract Drawings, Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or visit the site and acquaint himself with the conditions there existing and the City will be justified in rejecting any claim based on facts regarding which he should have been on notice as a result thereof. The City makes no representation as to the accuracy of materials and types of the structures, including the equipment, fixtures and other property, and the Bidder is obligated to check the accuracy thereof.

b. Bidders by satisfying themselves by personal examination of the location of the proposed work and of the actual conditions and requirements of the work shall not, at any time after the submission of the Proposal, dispute or complain of such estimate or assert that there was any misunderstanding in regard to the nature of the work to be done.

4. Form of Proposal

a. The Proposals must be submitted on the forms furnished by the City. Failure to use said Form of Proposal, inclusion of bids not requested or the exclusion of any bid requested may result in rejection of the bid. The bid document shall include pages 15-27, and New York State Vendor Questionnaire.

b. No Proposal shall be received by the City unless the bidder tendering it is known to be skilled in work of a similar nature to that as detailed in the Proposal.

c. Bidders must submit their Proposal upon the following express conditions, which shall apply to and become part of each Proposal received.

i) Bids will only be accepted from those bidders who have made a deposit for Plans and Specifications in their own name and whose name has been entered in the City’s bidder’s list..

ii) Bids will be compared by total amounts, which shall be the sum of the products of the quantities, if any multiplied by the unit price bid for the various items; with due consideration being given to lump sum prices bid or unit price for contingent items, if any. Unbalanced bids may not be accepted.

iii) Each bidder shall fill out in ink, in both words and figures, in the spaces provided, his unit or lump sum bid, as the case may be, for each item in the Proposal. The unit or lump sum price, in words, shall be considered correct.

iv) All corrections made by the Contractor on the Proposal shall be done in ink by lining out the Contractor’s original entry, then entering the new words or numbers and initialing after the last word or number entered.

5. Envelopes All proposals must be submitted in a sealed envelope, which, in addition to the proposal, shall contain a certified check or bid bond.

6. Subcontractors The Bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the City of Long Beach.

7. Name of Bidder Each Bidder must state in the Proposal his full name and business address, telephone number, and treasury number, and the full name, home address, social security number of every person, firm or corporation interested therein and the address, of every person or firm or president and secretary of every corporation interested with him. If no other person, firm or corporation were so interested, he must affirmatively state such fact. The Bidder must also state that: “the proposal is made without any connection, directly or indirectly, with any Bidder for the work mentioned in his proposal and is, in all respects, without fraud or collusion; he has inspected the site of proposed work; he has examined the Conditions of Contract, Specifications, Contract Drawings and Information for Bidders; no person acting for or employed by the City of Long Beach, or is directly or indirectly interested therein, or in the supplies or work to which it relates or in any portion of the prospective profit thereof : he proposes and agrees if his Proposal or bid are accepted, to execute contract with the City of Long Beach to perform the work mentioned in the Conditions of Contract Specifications attached; and the amount he will accept in full payment”.

For contracts that are under $1.5 Million in value where the preparation of separate specifications is not required, each bidder must submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform the work on the contract, and the agreed upon amount to be paid to each, for (1) plumbing and gas fitting,

(2) steam heating, hot water heating, ventilating and air conditioning apparatus, and (3) electric wiring and standard illuminating fixtures. After the low bid is announced, the sealed list submitted with the low bid must be opened and the names of the subcontractors announced. The sealed lists submitted by all other bidders must be returned unopened after the award of the contract.

Any subsequent change of subcontractor or agreed upon amount to be paid to each subcontractor must be approved by the City, upon a showing of “legitimate construction need" for the change, which must be open to public inspection. The term "legitimate construction need" is defined to include but not be limited to (1) a change in project specification, (2) a change in construction material costs, (3) a change in subcontractor status as determined pursuant to Labor Law §222(2)(e), relative to project labor agreements, or (4) a situation in which the subcontractor has become otherwise unwilling, unable or unavailable to perform the subcontract.

8. Time for Receiving Bids

a. Bids received prior to time of opening will be securely kept unopened. The officer whose duty is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered; except that when a Bid arrives by mail after the time fixed for opening, but before the reading of other bids is completed, and it is shown to the satisfaction of the City that the non-arrival on time was due solely to delay in the mails for which the Bidder was not responsible, such Bid will be received and considered.

b. Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for Receipt of Bids, provided such telegraphic communication is received prior to the closing time, and provided further, the city is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. Telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. All telegraphic communications shall be addressed to the Deputy Commissioner, Department of Public Works.

Bidders are cautioned that, while telegraphic modifications of bids may be received as provided above, such modifications, if not explicit and if any sense subject to misinterpretation, shall make the Bid so modified or amended, subject to rejection.

9. Opening of Bids At the time and place fixed for opening of bids, the city will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons interested may be present, in person or by representative.

10. Withdrawal of Bids Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business prior to the time fixed for opening; provided, that written confirmation or any telegraphic withdrawal over the signature of the bidder is placed in the mail and postmarked prior to the time set for bid opening. The Bid guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned.

11. Collusive Agreement

a. Each Bidder submitting a bid for any portion of the work contemplated by the documents on which bidding is based shall execute, and attach thereto, an affidavit substantially in the form herein provided, as well as the Statement of non-collusion, herein also provided, pursuant to Section 103.d of the General Municipal Law of New York, to the effect that he has not colluded with any other person, firm or corporation in regard to any bid submitted.

b. Before executing any subcontract, the successful Bidder shall submit the name of any proposed subcontractor for approval by the Engineer and affidavit substantially in the form prescribed in the Contract Documents.

12. Award of Contract - Rejection of Bids The prices bid, covering the various items of each Contractor, will be the basis of award of contract, with due consideration for the time of construction either as stated by the City or if stated by the Bidder to be different from that stipulated by the City. If discrepancies exist, the written (in words) unit price shall govern, and the figure will be corrected to reflect the correct total bid for various items. Lump sum prices written in words shall govern.

a. The Contract will be awarded to the lowest responsible Bidder complying with the conditions of the Notice to Bidders provided such Bid is reasonable and it is to the best interests of the City. The City, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in its interest.

b. The City reserves the right to consider a Bidder unqualified if he cannot demonstrate that he has or can perform with his own forces the major portions of the work involved in the project.

c. The City also reserves the right to reject the bid of any Bidder, who has previously failed to perform properly, or to complete on time, contracts of a similar nature, who is not in a position to perform the Contract, or who has without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, material men, or employees. In determining the lowest responsible Bidder, the following matters in addition to those abovementioned, will be considered: Whether the bidder involved (1) maintains a permanent place of business; (2) has adequate plant equipment available to do the work properly and expeditiously; (3) has suitable financial resources to meet the obligations incident to work; (4) has appropriate technical experience.

d. The ability of any Bidder to obtain a performance bond will not be regarded as the sole test of such Bidder’s competency or responsibility.

e. The City will not award the Contract to any Contractor who is, at the time, ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or is not qualified under applicable City, County or State Laws.

13. Execution of Agreement, Performance and Payment Bond

a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute the Agreement in the form include in the Contract Documents in three (3)copies.

b. The Bidder to whom a contract is awarded, together with the sureties offered by him, shall attend at the office of the Corporation Counsel, within (10) days, Saturdays, Sundays, and City Holidays excluded, after the date of notification, by certified mail, or acceptance of his Proposal and there sign the Contact for the work and furnish the approved security in an amount equal to the full amount of the Contract for its performance and maintenance.

c. Coincident with the signing of the contract, the successful Bidder shall execute a Performance Bond, underwritten by a reliable, solvent surety

The company in the full amount of one hundred percent (100%) of the accepted bid. The form and other features of the bond shall meet the approval of the City. The surety Company shall be responsible for the Contractor’s guaranteeing to the City the faithful performance of the contract, payment of all just claims for materials, labor and wages in connection therewith. The Performance Bond shall provide security for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature, including utility and transportation services, employed or used by him in performing the work. Such bond shall be in the same form as that included in the Contract Documents, or such other form as is acceptable to the City, and shall bear the same date as, or a date subsequent to, the date of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond or bonds. A guaranty or surety company licensed in the State of New York shall sign this bond, or bonds.

d. The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten (10) days after notification by certified mail to appear for signing of contract(s), or within such extended period as the City may grant, based upon reasons determined sufficient by the City, shall constitute a default, and the City may either award the Contract to the next lowest responsible Bidder the difference between the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable bid is received by re-advertising the defaulting Bidder shall have no claim against the city for a refund.

14. Insurance The amounts, types and clauses to be included in the insurance required to be carried by the successful Bidder and his subcontractors are listed in the Conditions of Contract.

15. Liquidated Damages

a. The successful Bidder, upon his failure or refusal to execute and deliver the contract and bonds required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid.

b. Bidder agrees to commence work on or before a date to be specified in a written “Notice to Proceed” and to fully complete his work on or before the prescribed completion date. The Bidder also agrees to pay as liquidated damages, the sum of one thousand (1000) dollars for each consecutive calendar day thereafter the work remains uncompleted.

16. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

17. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and Specifications, which deal with the following:

a. Inspection and testing of materials.

b. Insurance requirements.

c. Wage rates.

d. Stated allowances.

18. Work Conditions Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful Bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. In so far as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

19. Hiring of Local Labor The maximum feasible employment of local labor is covered in Employment of Local Labor Section of the General Conditions.

20. Labor Requirements New York State Prevailing Wage Rates must be used in this contract.

Qualification of Bidders In the consideration and acceptance of any proposal, the City shall be entitled to exercise every measure of lawful discretion evaluating the financial history and ability of the proposer and his past performance in ventures of this or similar nature. Such data will be considered either as a material or controlling factor in the acceptance of any bid submitted. All Contractors will be required to provide information regarding their qualification as outlined in the enclosed PROPOSAL section.

21. M/WBE

All bidders must submit an M/WBE Utilization Plan with their bid that utilizes enterprises identified in the New York State Minority and Women-Owned Business Enterprises Directory of Certified Firms in order to promote and assist the participation of certified M/WBEs in an amount equal to five percent (5%) minority-owned business enterprises ("MBE") and five percent (5%) [MUNI TO CALIBRATE IN ACCORDANCE W/ OVERALL 10% REQ. FOR PROJECT] women-owned business enterprise ("WBE") of the total dollar value of the contract. The successful bidder shall use good faith efforts to solicit active participation by such M/WBEs in accordance with Contract Documents and the submitted M/WBE Utilization Plan. The Contractor agrees to be bound by the provisions of Section 316 of Article 15-A of Executive Law, which pertain to enforcement of Article 15-A.

All bidders must submit an M/WBE Utilization Plan with their bid for all projects over $250,000.00

PROPOSAL (General)

Place: City Hall, 1 West Chester, Room 404

Bid Date: August 13, 2026

Long Beach Contract No: ____________________

Proposal of __________________________________ (hereinafter called

“Bidder”) (either a corporation, organized and existing under the laws of the State of

______________, or a partnership, joint venture or an individual) doing business as

To the City Council of the City of Long Beach (hereinafter called “Owner”)

Gentlemen:

The Bidder, in compliance with your Notice to Bidders for:

REPLACEMENT OF AUTOMATIC ENTRY DOORS AT THE LONG BEACH FIRE DEPARTMENT AND

THE LONG BEACH VEHICLE MAINTENANCE BUILDING

having examined the RFP documents and the site of the proposed work and being familiar with all of the conditions surrounding the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to complete the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part.

• Insert corporation, partnership, joint venture or individual as applicable.

Proposal (General)

The undersigned further declares that only person, persons, company or parties interested in this Proposal as principals are named herein; that he has carefully examined all contract forms and plans; that he has made a personal examination of the site of the proposed work and such investigations as are necessary to determined the character of the materials to be encountered, and he proposes and agrees that if this Proposal is accepted, he will contract with the City of Long Beach, to provide the necessary machinery, tools apparatus and other means of construction, and all materials and labor called for by the said Contract, Plans and Specifications, including all Addenda issued prior to the date of opening of the Bids (except for Addendum enclosing Prevailing Wage Rates which may be issued after such date) or necessary to complete the work in the manner and within the time set forth in the Contract, Plans and Specifications, for the lump sum price set forth in the following Schedule of Prices:

PROPOSAL (Schedule of Prices)

Total Bid Amount Written:

Total Price in figures:

$_______________________ Breakout cost for the Long Beach Fire Department Entry Door

$_______________________ Breakout cost for the Loong Beach Maintenance Garage Door

COMPANY:

Work shall be completed within 60 consecutive calendar days following the date specified in the Notice to Proceed. The City intends to issue the Notice to Proceed immediately following award of this Contract.

Name of Bidder: ______________________________________

Address of Bidder: _____________________________________

Federal I.D. Number: __________________________________

Telephone Number: ___________________________________

Signed by: ___________________________________________

Title: _______________________________________________

Date: _______________________________________________

The following forms/documents must be submitted with the bid proposal:

a. Bid Bond (10% of total bid)

b. NYS Vendors Questionnaire

c. Signed Bid Addenda, if any

d. MWBE Utilization Plan

PROPOSAL (Declaration)

Herewith is a Certified Check or Bid Bond for the following Contract (equal to at least ten percent (10%) of the Total Bid or Total Alternate Bid, whichever is the greater) in the amount of:

payable to the City of Long Beach, as a surety that the undersigned will enter into a contract for the work within ten (10) days of date of Notice of award of Contract. The undersigned proposes to commence work and order materials in accordance with the written “Notice to Proceed” and to complete the work in accordance with the following schedule and guarantees. The work performed and the materials furnished for a period of one (1) year after the final acceptance of the work. Bidder agrees to pay as liquidated damages, the sum of $750.00 for each consecutive day thereafter.

The City of Long Beach reserves the right to award the contract to whichever bidder whose proposal results in the least cost to the City

No work shall be performed on Saturday, Sunday or Holidays, without the prior expressed approval of the Engineer.

PROPOSAL (Qualifications of Bidders)

Bidders are required to provide the following information. Bidders may attach additional sheets as needed.

1. Name of Bidder _____________________________________________

2. Permanent Main Office Address, Including City, State and Zip Code:

3. Telephone Number ( )______________________________________

Fax Number ( )_________________________________________

4. When Organized _______________________________________________

5. If a Corporation, Where Incorporated _____________________________

6. Description of General Character of Work Typically Bid By Firm:

PROPOSAL (Qualifications of Bidders) Cont.

7. Current Contracts on Hand:

Project Title and Location

Estimated Completion Time

Estimated Value Reference Person/Inspector with Phone Number

8. Has the Firm ever Failed to Complete any Work? If so where and why?

9. Has the firm ever defaulted on a Contract? If so, where and why?

10. List recent Contracts that demonstrate experience germane to the project described herein:

Year

Project Name

Location Estimated Value Description Contact

Person & Phone No.

11. List the Major Equipment available for this contract

12. List All Principals and Officers and Relevant Experience of Each.

Name Title Experience

13. Give Primary Bank Reference and Credit Available:

Bank: ___________________________________________________________

Address:____________________________________________________________

Credit Amount $________________________________________________

14. Will the firm, upon request, fill out a detailed financial statement dated within 30 days of the Bid date and furnish any other information that may be required by the City of Long Beach?

15(a) Has the firm ever been a party to or otherwise involved in any action or legal proceeding involving matters related to race, color, nationality sex or religion? If so, give full details:

(b) Has the firm ever been accused of discrimination based upon race, color, nationality, sex or religion in any actions or legal proceeding? If so, give full details:

(c) The city may make an investigation it deems necessary to assure itself of the ability of the Bidder to perform the work, including but not limited to obtaining a certified financial statement from the Bidder. The ability of any Bidder to obtain a performance bond shall not be regarded as the sole test of the Bidder’s Competency, Reliability and Responsibility.

16. What percentage of the proposed project will be performed by Subcontractor?

17. What specific activities are proposed for subcontractor involvement?

18. Is the firm currently or has the firm ever been disbarred from doing business in New York State?

PROPOSAL (Declaration)

Name Name

Name Name

Name Name

Bidder : _____________________________________________________________

Bidder’s Address ______________________________________________________

Signed By: ___________________________________________________________

Title: ________________________________________________________________

Corporate Seal

Name Name Name Name Name Name

Bidder : ______________________________________________________________

Bidder’s Address : _____________________________________________________

Signed By : ___________________________________________________________

Title : _______________________________________________________________

PROPOSAL - ( Declaration) Cont.

The undersigned is a __________________ (state whether single individual, or if a partnership, give names of all partners, or if a corporation, give names of principal officers).

Name Address

Name Address Name Address

Bidder: _________________________________________________________________

Bidder’s Address: _____________________________________________________

Signed By____________________________________________________________

Title:________________________________________________________________

Corporate Seal

PROPOSAL (Declaration) Cont.

The undersigned is a joint venture, consisting of the following corporations:

(give names of all principal officers)

Name Address Name Address

Name Address

Bidder :______________________________________________________________

Bidder’s Address :______________________________________________________

Signed By : ___________________________________________________________

Title :________________________________________________________________

Corporate Seal

Name Address Name Address Name Address

Bidder : ______________________________________________________________

Bidder’s Address : ____________________________________________________

Signed By : ___________________________________________________________

Title : _______________________________________________________________ Corporate Seal

PROPOSAL - Non-Collusive Bidding Certificate Non-Collusive Bidding Certificate

Pursuant to Section 103-D of the General Municipal law, the Contractor makes the following statement under penalty of perjury and by submission of this bid or proposal the Bidder certifies that:

(a) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any competitor or potential competitor; (b) this bid or proposal has not been knowingly disclosed and will not be knowingly disclosed prior to the opening of the bids or proposals for this project to any other Bidder, competitor or potential competitor;

(c) no attempt has been or will be made to induce a bid or proposal; (d) the person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in his behalf; (e) that attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of his certificate by the signatory of this bid or proposal in behalf of the corporate bidder.

Resolved that __________________________________________ be authorized to sign (Name of Corporation) and submit the bid or proposal of this corporation for the following project:

REPLACEMENT OF AUTOMATIC ENTRY DOORS AT THE LONG BEACH FIRE

DEPARTMENT AND THE LONG BEACH MAINTENANCE GARAGE

and include in such bid or proposal the certificate as to non-collusion required by Section One Hundred Three-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate Bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by __________________________ corporation at a meeting of its Board of Directors held on the ________ day of ____________,20___. (Seal of the Corporation)

Secretary ________________________ Respectfully Submitted :

Firm Name : __________________________________

Firm Address : ________________________________ Signed By : _________________________________ Title: _______________________________________

CONDITIONS OF CONTRACT

1. Contract Documents and Definitions The Notice to Bidders, Information for Bidders, Proposal, Form of Contract, Conditions of Contract, Contract Specifications and Contract Drawings, together with any Addenda, shall form part of this contract, the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, headlines and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which refer. Whenever the term “Contract Documents” is used, it shall mean and include this Contract, the Contract Drawings, Specifications, any Addenda, the Notice to Bidders, Information For Bidders, Proposal and Conditions of Contract. In case of any conflict or inconsistency between the provisions of the Contract and those of the contract specifications, the provisions of this Contract shall govern.

2. Definitions The following terms as used in these Contract Documents are respectively defined as follows:

a. Owner or City - The term “Owner” or “City” shall mean the City of Long Beach and/or its authorized representatives.

b. Engineer - The term “Engineer” shall mean the Commissioner of Public Works or his authorized representatives assigned to inspection of work materials.

c. Contractor - A person, firm or corporation with whom this Contract is made by the City.

d. Subcontractor - A person, firm or corporation supplying labor and materials or only labor for work at site of the project for, and under separate contract or agreement with, the Contractor.

e. Apprentice - (1) A person employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau; or (2) a person in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Council (where appropriate) to be eligible for probationary employment as an apprenticeship.

f. Trainee - A person receiving on-the-job training in a construction occupation under a program which is approved (but not necessarily sponsored) by the U. S.

Department of Labor, Manpower Administration Bureau of Apprenticeship and Training, which is reviewed from time to time by Manpower Administration to ensure that the training meets adequate standards.

g. Work - The term “work” as used herein refers to all of the work proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project and include all plant, 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 this Contract.

The term “work performed” shall be construed to include material delivered to and suitably stored at the site of the project.

h. Extra Work - The term “extra work” as used herein refers to and includes all work required by the “City” which, in the judgment of the “Engineer”, involves changes in or additions to work required by the Contract Plans, Contract Specifications and any Addenda in their present form.

i. Notice - The term “notice”, as used herein, shall mean and include written notice.

Written notice shall be deemed to have been duly served when delivered to, or at the last known business address, of the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mail box.

j. Directed, Required Approved, Acceptable - Whenever they refer to the work, or its performance, “directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and “approved”, “satisfied”, or “satisfactory”, “in the judgment of “, and words of like import, shall mean approved, or acceptable to or satisfactory to, in the judgment of the Engineer.

k. Addendum or Addenda – The term “Addendum” or “Addenda” shall mean the additional Contract provisions issues in writing by the Commissioner prior to receipt of bids

3. Scope of the Work The Contractor will furnish all plant, labor material, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this contract as required by and in strict accordance with the applicable Contract Plans, Contract Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this contract by the Engineer, and will perform all other obligations imposed on him by this Contract.

4. Contractor’s Title to Material No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances.

5. Inspection and Testing of Materials All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Engineer. However, the Contractor will pay for all laboratory inspection service direct, as a part of the contract.

Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitable for users intended.

6. “Or Equal” Clause Whenever a material, article or piece of equipment is identified on the proposed Contract document drawings or Specifications by reference to manufacturers or vendors’ names, trade names, catalogue numbers, etc., it is intended to establish a standard. Any material, article, or equipment of other manufactures and vendors which will precisely perform the duties imposed by the general design will be considered equally acceptable provided, the material, article, or equipment so proposed is in the opinion and discretion of the City’s project engineer, of equal substance and function.

Should a bidding contractor intend to substantially deviate, or substitute established standards, a request for substitution must be submitted in writing to the City’s project engineer with the contractor’s bid package. All such requests for substitution must be accompanied by a complete set of descriptive technical data on the items proposed for substitution. The City, in its discretion, may request certification as to the adequacy, equality and functionality of the proposed substitute in performing comparable duties as the material or equipment specified. Such certification must be signed by a New York State licensed professional engineer.

No substitutes of material articles or equipment shall be made, purchased or installed by the contractor without the City project engineer’s prior written approval.

7. Patents The Contractor shall hold and save the City and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufacture or used in the performance of the contract, including its use by the City, unless otherwise specifically stipulated in the Contract Documents.

License or Royalty Fee: License and/or Royalty Fees for the use of a process which is authorized by the Engineer of the project must be reasonable, and paid to the holder of the patent, or his authorized license, direct by the City and not by and through the Contractor.

If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials, in any way involved in the work.

The Contractor and/or his Sureties shall indemnify and save harmless the City and its employees on the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the City for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work.

8. Surveys, Permits and Regulations Unless otherwise expressly provided for in this Contract, the City will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of this contract. The Contractor shall comply with all laws, ordinances, rules, orders, and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fence or other protective facilities.

9. Contractor’s Obligations The Contractor shall and will, in a good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract and said Contract Specifications and in accordance with the Contract Drawings covered by this Contract and any and all supplement plans and drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work. He shall furnish, erect, maintain and remove such construction plant and such temporary work as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on, and complete the entire work to satisfaction of the Engineer.

10. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Engineer shall direct, the Contractor will and will cause his subcontractor to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to so protect his work, such materials shall be removed and replaced at the expense of the Contractor.

11. Protection of Work and Property During performance and up to the date of final acceptance the Contractors for the separate Contracts herein-before listed in the Notice to Bidders shall each be under an absolute obligation to protect the finished and unfinished work against any damage, loss or injury;

and in the event of such damage, loss or injury, each shall promptly replace or repair such work, whichever the Engineer shall determine to be preferable. The obligation to deliver finished work in strict accordance with the Contract, prior to final acceptance, shall be absolute and shall not be affected by the Engineer’s approval of or failure to prohibit means and methods of construction used by the Contractor.

During performance and up to the date of final acceptance each prime contractor must take all reasonable precautions to protect the persons and property of the City, the project under construction, and the property of others on or adjacent to the site from damage, loss or injury resulting from his subcontractor's operations under this contract. The Contractor's obligation shall include the duty to provide, place and adequately maintain at or about the site suitable and sufficient lights, barricades and enclosures. The General Construction Contractor shall provide sufficient guards to adequately protect the construction site. The Contractor shall abide by the decision of the Commissioner of Public Works as to the adequacy and extent of protection necessary. Within three days after notice to him of the happening of such loss, damage or injury to work, persons or property, the Contractor shall make a full and complete report thereof in writing to the Engineer. The provisions of this Condition shall not be deemed to create any new right of action in favor of third parties against the Contractor of the City.

In case of an emergency which threatens loss or injury of property and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Engineer, in a diligent manner. He shall notify the Engineer immediately thereafter.

Where the Contractor has not taken action but notified the Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by Engineer.

12. Inspection The authorized representatives and agents of the City shall be permitted to inspect all work, materials, payroll, records of personnel, invoices of materials, and other relevant data and records.

13. Reports,…