Town Hall Front Door Project - Bid Documents Final.pdf

TOWN OF LANSING SPECIFICATIONS AND BIDDING DOCUMENTS

TOWN HALL FRONT DOOR REPLACEMENT PROJECT

PRC# 2020002245

All bids shall be submitted in accordance with the attached instruction sheets.

CONTRACT TERM:

The Contract, and performance thereunder, shall commence promptly following the issuance of a notification of award by the Town of Lansing (the “Town”), the receipt of a satisfactory certificate of insurance, and the proper execution of the Construction Contract, each and all as set forth in these Bid Specifications, all of which are a part of the Construction Contract.

A bid award is expected in March 2020, and Project completion is expected within 90 days of award.

The Town reserves the right, at its sole discretion, to extend the Contract awarded under this bid for an additional 60 days, with no change in terms and conditions and no allowances (including for mobilization costs), by giving written notice to the Contractor at least 15 days prior to the expiration of the Contract or of such time period(s).

CONTRACT:

The bid specifications herein delineated and the terms of the Construction Contract and Notice of Award shall constitute a description of the Contract to be performed, and persons desiring to make a bid proposal shall use the forms within these Bid Documents. All submissions may (and should) be supplemented by such other information or documents as the Bidder may desire (the words “Bidder” and “Contractor” are used somewhat interchangeably and refer to the same persons in most instances).

The proposed form of the Construction Contract (the “Construction Contract” or “Contract”) is included in the Bid Documents, and all blanks in all documents should be filled in as noted. No changes shall be made in or to any Bid Documents by Bidder.

The specifications herein are applicable to and a part of the Construction Contract.

Each proposal shall (1) specify the correct gross or lump sum, and (2) the unit prices for each of the separate items (including Options 1 through 5) called for in the Bid Documents. In case the amounts shown in words and the equivalents in figures do not agree, the written words shall be considered binding. Contractor acknowledges that there may be Town employees and other contractors on site, and that part of the Project is to coordinate access and project sequencing.

BID, PERFORMANCE AND COMPLETION BONDS:

Bid bonds, and performance or completion bonds, are not required for this Project.

OTHER:

Upon request, the Contractor agrees to furnish copies of all licenses and permits allowing it to provide the services being performed. The execution of the Construction Contract by the Contractor binds it to the following specified agreements required by law and the contract form as submitted herewith, including, without limitation the terms set forth in the Construction Contract and the following:

The Contractor shall strictly follow all public works and prevailing wage rules and shall abide by the PRC number and its stated requirements for this Project.

The Contractor specifically agrees to follow the provisions of the Workers’ Compensation Law.

The Contractor specifically agrees to follow the provisions of Article 15 of the Executive Law of the State of New York relating to discrimination in employment.

The Contractor shall furnish a certificate or certificates of insurance in (a) form(s) satisfactory to the Town in compliance with the insurance coverages and limits as set forth in the Construction Contract.

This bid is not and shall not be subject to New York State Sales Tax or local sales taxes.

Bidders are encouraged to visit the work site. Site visits may be arranged at a mutually convenient time by contacting Lynn Day, Code Enforcement Officer (or designee), at 29 Auburn Road, Lansing, NY 14882, P-(607) 533-7054.

NOTE: The Contractor should disregard any verbal information obtained during such tour(s). The Contractor is to base any bid on the specifications, contract documents, and addenda. Any information obtained through verbal or telephone conversations is not binding, and if the Contractor uses any of such information for the bases of any bid it does so at its own risk.

PRICING:

All bids shall be itemized and TOTALED. All prices proposed shall include any and all costs to furnish both the goods to and the services for the Town and shall exclude any and all taxes.

AWARD:

Award shall be made to the lowest priced responsive and responsible bidder. Bidders may withdraw their bids if no award has been made within 45 days of bid opening. The Town may reject any or all bids for any or no cause or reason.

DETAILED SPECIFICATIONS:

The following are minimum specifications:

1. Remove existing interior and exterior storefront frames and install new bronzed anodized finished aluminum frames, approximately 136” x 202” with peaked top and both vertical and horizontal mullions.

2. Exterior to have 1” low-e/argon sealed and tempered insulated glass, and interior glass shall be a minimum of ¼” single pane tempered glass.

3. Doorway shall be impaired/handicapped accessible automatic bi-part sliding doors, with all supporting electrical work to code. Electrical service expected to run from basement into nearby small courtroom, then over ceiling tiles. Each doorway (sliding and interior) must have separate manually locking keyed-access mechanisms operating on different keying patterns.

4. Exterior and interior finishes and EIFS to be removed and replaced as needed, and EIFS in vestibule area to be removed and permanently replaced with approximately 200 SF of finished drywall. Contractor may need to fir rafters down after removing EIFS foam and possibly add insulation to ceiling rafters. Interior finish is 5/8” drywall, taped and beaded, and primed and painted to match wall color in area. It is estimated that, in addition, total hallway drywall replacement and finishing may be approximately 11 SF, for total estimated drywall work at 211 SF. All bids shall include floor and ceiling repairs, and site clean-up.

5. All work shall be undertaken in a sequence as allows for access to the building, and project plans and bids shall demonstrate least disruptive and safest alternatives for use of the building during all periods of demolition, construction, and installation.

6. Contractor responsible for obtaining building permit and all required drawings, inspections and certificate of occupancy, each as required by law. After completion, an as-built blueprint or accurate drawing shall be supplied to the Town. Showing all utilities, raceways, and related installations.

7. All bids shall address the following options and related project information:

OPTION 1: Describe project sequencing in a manner as to provide most safety and least disruption to public use of the facility, including costs of overhead barriers, barricades, and safety or directional signage, if needed.

OPTION 2: Costs for re-insulating and re-finishing ceiling, floor, and wall finishes in vestibule area, with recommendations as to surfaces and products as reduce maintenance costs and provide for waterproofing of penetrations and building envelopes.

OPTION 3: Add cost proposal for tinted or photoreactive glass to reduce cooling costs in warmer months.

OPTION 4: Add cost of electrical system upgrades to provide locked electricity control panel in or near vestibule area to support future building expansion or upgrades.

OPTION 5: Add cost proposal for recirculating or non-recirculating air curtain to control air transfer and reduce energy costs.

Contractor is expected to provide all goods and services commensurate with the highest standards of the industry. The Town reserves the right to select any base bid in combination with any or all of Options 1 through 5.

PAYMENT:

A completed W-9 form must be submitted with the bid, or promptly thereafter and prior to Award.

The Town will pay Contractor’s invoice upon verification of completion of installation, punch-list completion, site clean-up, and certified payrolls have been submitted. Invoice will be paid following the Town’s next regularly scheduled board meeting. If phased payments are required or to be proposed, the bid shall specify no more than 2 phases for payment and give an explanation as to why payment should not or cannot attend completion of the work. All invoicing shall be sent to the Town at 29 Auburn Road, Lansing NY 14882, labelled as “Accounts Payable,” and sent to the attention of Charmagne Rumgay, Bookkeeper, 29 Auburn Road, Lansing, New York 14882.

INSURANCE

A completed certificate of insurance or binder must be submitted with the bid. The successful Bidder will be expected to have the endorsements for their final insurance certificates issued and submitted to the Town within 15 days of the award and prior to commencement of work. No payments of any kind will be made without the certificates of insurance and endorsements being submitted to and approved by the Town.

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS: Terms used in these Instructions to Bidders have the meanings assigned to them in the Bid Documents. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

Bidder - one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder. Can include the “Contractor,” usually after award.

Issuing Office - the Town Clerk’s Office.

Successful Bidder - the lowest, responsible and responsive Bidder to whom Owner makes an award.

Owner – the Town of Lansing.

Work – the project as defined in the Bid Documents and Specifications, including all goods, materials and services required for full and professional completion of the same

2. COPIES OF BIDDING DOCUMENTS: A complete set of the Bid Documents may be obtained from the Issuing Office and complete sets of Bid Documents must be used in preparing Bids. Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents.

3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE:

3.1 It is the responsibility of each Bidder before submitting a Bid: (i) to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents; (ii) to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; (iii) to consider federal, state and Local Laws and regulations that may affect cost, progress, performance or furnishing of the Work; (iv) to study and carefully correlate Bidder’s knowledge and observations with the Bid Documents and such other related data; and (v) to promptly notify the Town of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered within any Bid Documents.

3.2. On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.

Bidder must clean-up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. No destructive testing is allowed. If there is a bid or price condition or variable required as based upon the inability to perform destructive testing or disassembly, then such shall be clearly stated and labelled as such in each submitted Bid.

4. AVAILABILITY OF LANDS FOR WORK, ETC.: The land upon which the Work is to be performed and the rights-of-entry for access thereto will be provided by Owner. All additional lands and access required for temporary construction facilities, dumpsters, construction equipment or storage of materials and equipment, are to be obtained and paid for by Contractor.

5. INTERPRETATIONS AND ADDENDA: All questions about the meaning or intent of the Bid Documents are to be directed to Lynn Day, Code Enforcement Officer (or designee), 29 Auburn Road, Lansing, NY 14882, P (607)-533-7054. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda and delivered to all parties having received the Bid Documents. Questions received less than two days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the Bid Documents as deemed advisable by Owner.

6. CONTRACT TIMES: The number of days within which, or the dates by which, the Work is to be substantially completed and ready for final payment is as set forth in the Bid Documents.

7. SUBSTITUTE AND “OR-EQUAL” ITEMS: The Contract, if awarded, will be on the basis of materials and equipment described in the Specifications, and if a substitute or “or-equal” item is proposed and is found acceptable by the Town, an addendum to such effect will be issued and shall be approved prior to the commencement of performance or use of any such materials.

8. BID FORM: The Bid Form is included with the Bidding Documents; additional copies may be obtained from Owner. All blanks on the Bid Form must be completed in ink or equivalent. All names must be typed or printed in ink below signatures. Submission of a bid is verification of receipt of all Bid Documents and Addenda; it being Bidders duty to ensure all documents have been received. All Bidders shall supply addresses and telephone numbers for communications regarding the Bid. If the Bidder is an out of state business entity, evidence of authority to conduct business in New York shall be required.

9. SUBMISSION OF BIDS: Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

10. MODIFICATION AND WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work.

11. OPENING OF BIDS: Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids will be made available to Bidders after the opening of Bids.

12. BIDS TO REMAIN SUBJECT TO ACCEPTANCE: All Bids that Owner believes to have a reasonable chance of receiving the award will remain subject to acceptance for 30 days after the day of the Bid opening and Owner may, in its sole discretion, release any Bid prior to that date.

13. AWARD OF CONTRACT: In evaluating Bids, Owner will consider the qualifications of Bidders and the price submitted, with or without any of Options 1 through 5. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, or conditional Bids. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices; discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum; and discrepancies between words and figures will be resolved in favor of the words.

14. SIGNING OF AGREEMENT: When Owner gives a Notice of Award to the Successful Bidder, within 15 days Contractor shall sign and deliver 3 signed copies of the Contract and attached documents to Owner, together with and any other document required, including but not limited to prevailing wage information and insurance certificates with endorsements in final form. Owner will deliver one fully signed counterpart of the Contract to Contractor within 10 days after the signed Contract, PW information, and insurance information is fully delivered to Owner.

15. SALES AND USE TAXES: Owner is exempt from State Sales and Compensating Use Taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Contract Price.

16. RETAINAGE: Owner may retain up to 15% of the Contract Price for punch lists or in the event of any dispute as to change orders, punch lists, or warranty completion items. The retainage shall be delivered within 10 days after completion of all punch list items and after final inspection and acceptance by the Town. Retainage may be released early if the Contractor makes request showing good cause therefor in writing.

BID FORM

PROJECT IDENTIFICATION: Town of Lansing Town Hall Front Door Replacement Project.

THIS BID IS SUBMITTED TO: Town Clerk, Town of Lansing, 29 Auburn Road, Lansing NY 14882.

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Construction Contract.

2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

This Bid will remain subject to acceptance for 30 days after Bid opening. Bidder will sign and timely submit the Contract other documents mandated in and by the Bidding Requirements after issuance of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents that:

(a) Bidder has examined copies of all the Bidding Documents and all official Addenda issued by the Town.

(b) Bidder has familiarized itself with the nature and extent of the Bid Documents, the work site, the project, the locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

(c) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred in (b) above) which pertain to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Bid Documents and Construction Contract, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.

(d) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Bid Documents.

(e) Bidder has given the Town written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents, and any written resolution thereof by Town is acceptable to Bidder.

(f) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

(g) 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 the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law, and Bidder certifies its policy so complies and will produce a copy of the same upon request of the Town.

4. Bidder will complete the Work for the following price:

LUMP SUM CONTRACT PRICE of __________________________________________________ Dollars and __________________ Cents ($_______________).

Any other bid, cost, or pricing information: ____________________________________________________

OPTION 1 Price and Information: ____________________________________________________________

OPTION 2 Price and Information: ____________________________________________________________

OPTION 3 Price and Information: ____________________________________________________________

OPTION 4 Price and Information: ____________________________________________________________

OPTION 5 Price and Information: ____________________________________________________________

(Attach and label additional sheets, if necessary.)

5. Bidder agrees that the Work will be substantially complete and completed and ready for final payment within 120 days of the Bid award date.

6. The following documents are attached to and made a condition of this Bid: (i) Insurance Certificates, using ACORD forms or equivalent; (ii) Non-Collusive Bidding Certificate; and (iii) any other documents as required by the Bid Documents.

7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below.

8. The terms used in this Bid which are defined in the Bid Documents and are included as part hereof and have the meanings assigned to them in the Bid Documents.

9. This Bid is completed and executed as of the following date: ________________, 2020.

If Bidder is:

An Individual By ____________________________________

_________________________ (print name) Doing business as ___________________ Business address:

Phone No.:

A Partnership ____________________________ (firm name)

By: ___________________________________ ____________________, General Partner

A Limited Liability Company ____________________________ (LLC name)

By: ____________________________________ ______________________, Auth. Member

A Corporation ___________________________ (Corp. name)

By: ____________________, ________(Office) State of Incorporation:

Attest: ________________, Corp. Secretary (seal)

NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this bid or proposal, the Bidder and each person signing on behalf of that Bidder, affirms as true 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.

4. Attached hereto (if this Bid is submitted by a corporate Bidder) is a certified copy of the resolution authorizing the execution of this certificate by the signatory to this Bid or proposal on behalf of the corporate Bidder.

5. No person or entity has a prohibited interest in this Bid, the award, or the Contract or Work, as defined in or by General Municipal Law Article 18 or Town of Lansing Ethics Rules. Copies of each of the same may be obtained from the Town Clerk’s Office or online.

Bidder

Address

[SAMPLE] CORPORATE/LLC NON-COLLUSIVE RESOLUTION

The following Resolution was adopted by [name of entity] in accord with law:

“RESOLVED that [name of authorized person/officer] be authorized to sign and submit the bid or proposal of [name of corporation/LLC] for the Town of Lansing “Town Hall Front Door Replacement Project” to the Town of Lansing, and such person be further authorized bind the corporation/LLC and sign and submit the General Municipal Law § 103-d Non-Collusion Certificate, as well as general authority to act on behalf of the corporation/LLC to adjust, correct, or negotiate the bid or contract terms. By signing bid documents, the authorized person so binds this corporation/LLC and affirms under penalties of perjury that all statements in all bid documents are true and not materially misleading as of the date so signed or submitted.”

The attached/foregoing is a true and correct copy of the resolution adopted by [Name of Corporation/LLC] at a meeting/by consent in lieu of a meeting of its Board of Directors/Members held on the [date] day of [month], 2020.

Secretary (seal)

CONSTRUCTION AGREEMENT

PRC# 2020002245

THIS AGREEMENT (the “Contract”) is entered into by and between the

TOWN OF LANSING, an incorporated municipal subdivision of the State of New York with an address of 29 Auburn Road, Lansing NY 14882 (the “Town”), and

___________________________________, of _____________________________________________________ (the “Contractor”).

WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows:

ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR - The Contractor shall furnish necessary labor, materials, tools and equipment to provide the following professional construction, installation, and finish services:

Remove existing interior and exterior storefront frames and install new bronzed anodized finished aluminum frames, approximately 136” x 202” with peaked top and both vertical and horizontal mullions, and install impaired-handicapped accessible automatic bi-part sliding doors, with all glass, electrical installation, and exterior and interior finishes, materials, and site management and clean-up to be in accord with all Project specifications and code requirements.

Work will also include such of Option 1 through 5 as are selected by the Town and set forth in the Bid Award

All such materials, labor, supplies, work, permits, and the finished products and drawings (the “Work”) shall be in accord with Contractor’s bid and supplemental specifications, incorporated herein, and at a total cost not to exceed $__________________________, all labor and materials included (tax exempt). If checked below, Options 1, 2, 3, 4 and/or 5 have been selected and the price and bid for each of the same is listed in the total cost above. If there is a conflict between these contract terms and the Bid specifications, the Bid specifications shall apply.

□ Option 1 is selected.

□ Option 2 is selected.

□ Option 3 is selected.

□ Option 4 is selected.

□ Option 5 is selected.

ARTICLE 2. TIME OF COMPLETION - The Work under this Contract shall be commenced within 15 days of award and completed within 90 days of award. Time of completion is of the essence in this Contract.

ARTICLE 3. PAYMENT TO CONTRACTOR - Contractor shall be paid in full upon substantial completion and after inspection and approval by the Town, unless the Town elects its right to retainage for punch list or warranty items, such retainage to be paid after completion of such identified Work and final inspection and approval thereof. All materials and Work shall be and become the property of the Town upon installation or application, and Contractor waives its right to file any mechanic’s or other liens against the Town or the property or land or buildings improved. This provision shall not be construed as relieving the Contractor of sole responsibility for the care and protection of materials and Work upon which payments have been made or the restoration of any damaged Work, or as a waiver of the right of the Town to require fulfillment of all the terms of the Contract. The Contractor agrees to indemnify and save the Town harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and those furnishing machinery and parts thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. The Contractor must, at the Town’s request, provide satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so then the Town may either pay unpaid bills of which it has written notice or direct withholding of such amounts from sums due Contractor until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be made in accordance with the terms of this Contract. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Town of all claims and all liability to the Contractor for all things done or furnished in connection with this Work and for every act and neglect of the Town and others relating to or arising out of this Work. No payment, however, final or otherwise, shall operate to release the Contractor from any obligation under this Contract, including but not limited to bond and warranty obligations, if any, or the duty to pay materialmen and laborers and contractors and to indemnify the Town.

ARTICLE 4. CONTRACTOR’S INDEMNITY AND INSURANCE - Contractor shall indemnify, hold harmless and defend Town, its officers, employees, agents, and elected officials for injury or death to any person or persons or damage to or loss of property arising out of the performance of this Contract by the Contractor, its employees, subcontractors or agents (except all actions and claims arising out of the negligence of Town). The Contractor shall be fully responsible for the worksite and shall indemnify and hold harmless Town, its officers, employees, agents, and elected officials from and against any and all claims for injury to persons, including employees of the Contractor or any subcontractor, where such claim asserts that the injury was the result of conditions of the worksite or that Town, its officers, employees, agents, and elected officials were in any way negligent in the hiring of the Contractor or any subcontractor to do the Work or failure to maintain a safe worksite. Neither the Town nor any of its officers or agents shall in any manner be answerable or responsible for any loss or damages that may happen to the Work, or to any part or parts thereof, or to any materials, equipment or other property that may be used therein, or placed upon the ground, during the progress of the Work. Neither the Town nor any of its officers or agents shall be in any manner answerable or responsible for any injury done, or damages or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Town or others, occurring during or resulting from the Work. The Contractor shall properly guard against all injuries and damages. All indemnities herein provided shall be provided only to the extent permitted by law.

The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. The Contractor shall maintain the following minimum limits of insurance or as required by law, whichever is greater.

A. Workers’ Compensation - Statutory coverage complying with NYS Workers’ Compensation Law § 57 and General Municipal Law § 125, as evidenced by one of the following:

CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR

CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version), OR

SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR

GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability - $1,000,000.

B. Disability Benefits Requirements - Statutory coverage complying with NYS Workers’ Compensation Law § 220 (8) under General Municipal Law § 125, as evidenced by one of the following:

CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage, OR

DB120.1 - Certificate of Disability Benefits Insurance, OR

DB155 - Certificate of Disability Self-Insurance.

NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits (Coverages A and B) must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/ AllForms.jsp, or Bureau of Compliance at (866) 546-9322).

C. Commercial General Liability including contractual, independent contractors, products/completed operations:

Each Occurrence $2,000,000, or building replacement cost

General Aggregate $2,000,000, or building replacement cost

Full building replacement cost coverage for fire and other losses, with code coverage endorsement

Products/Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Fire Damage Legal $100,000

Medical Expense $5,000

NOTE: General Aggregate shall apply separately to the Project prescribed in the Contract. It is expressly understood and agreed by the Contractor that the insurance requirements specified above, contemplate the use of occurrence liability forms. Town and its officers, employees, agents and elected officials are to be included as Additional Insured’s on a primary and noncontributory basis.

D. Business Auto Coverage Liability for Owned, Hired and Non-Owned Autos

$1,000,000 CSL or 500,000 per Person BI

$1,000,000 per Accident BI

$250,000 PD Split Limits

E. All insurance shall be written with insurance carriers licensed by the New York State Office of Financial Services and have a Best’s rating of A XI or better. Proof of insurance shall be provided on the Accord Certificate of Insurance, Accord 25 (05/2010), or insurance company certificate. All Certificates shall contain a 60-day notice of cancellation, non-renewal or material change to Town. All Certificates must be signed by a licensed agent or authorized representative of the insurance company—broker signature is not acceptable. Certificates of Insurance shall be submitted with the signed bid and an insurance binder shall be presented within 15 days of Bid Award.

ARTICLE 5. REPRESENTATIONS OF CONTRACTOR - The Contractor represents and warrants that it is financially solvent, experienced in and competent to perform the type of Work herein to be furnished, and that it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the Work or those employed therein. Contractor also warrants that it, and none of its owners, are upon any NYS debarment lists, including as maintained by the Department of Labor and the Workers’ Compensation Board.

ARTICLE 6. PERMITS AND REGULATIONS - The Contractor shall procure and pay for all permits and licenses necessary for the services to be rendered hereunder, and shall comply with all laws, regulations, and safety requirements for the Work, including Labor Law § 200 et seq., and all elevation related and environmental hazards posed by exposure to VOCs and any substances used in relation to the project. Contractor shall maintain on site a proper first aid kit, all MSDS data sheets required, and meet all other safety requirements.

ARTICLE 7. EXTRA WORK - This Contract may be modified or changed by the Town from time to time pursuant to a duly approved change order agreed to and executed by the Contractor, whose agreement may not be unreasonably withheld if the Town pays for applicable increases in costs plus 10% for profits and overhead.

ARTICLE 8. DISPUTED WORK - The Contractor may dispute any directions or orders to complete any Work and if the Town determines that the Work in question is Contract Work (and not extra work), or that the determination or order complained of is proper, it will direct the Contractor to proceed, and the Contractor must promptly comply. In order to reserve its right to claim compensation for such work, or damages resulting from such compliance, the Contractor must, within 10 days after receiving notice of the Town’s determination and direction, notify the Town Supervisor in writing that the work is being performed, or that the determination and direction is being complied with, under protest. If the Contractor files such a 10-day notice or protest, the Contractor shall, within 20 days thereof, submit to the Town a verified, detailed statement of the costs or damages sustained, together with documentary evidence of such damages. Upon failure of the Contractor to fully comply with the foregoing provisions, such claims shall be deemed waived and no right to recover on such claims shall exist. These terms do not alter or supplant the Contractor’s duty to issue a legal Notice of Claim in relation to any claims of breach, or as to any other claims.

ARTICLE 9. PERFORMANCE OF EXTRA OR DISPUTED WORK - While the Contractor is performing any extra work ordered by the Town under Article 7 hereof (unless payment therefore is to be made by a lump sum), or is performing disputed work or complying with a determination or order under protest in accordance with Article 8 hereof, at least once per week the Contractor shall furnish to the Town daily written statements signed by the Contractor showing: (a) the name and number of each worker employed on such extra work or engaged in complying with such determination or order, the number of hours employed thereon, and the character of work each is doing; and (b) the nature and quantity of any materials and equipment furnished or used in connection with the performance of such extra work or compliance with such determination or order, and from whom purchased or rented. Any failure to comply strictly with these requirements shall constitute a waiver of any claim for extra compensation or damages on account of the performance of such work or compliance with such determination or order.

ARTICLE 10. CLAIMS AND ACTIONS THEREON; DISPUTES - The Town shall endeavor to act in good faith to resolve any disputes arising under or in connection with this Contract, or in relation to or concerning the value of extra work, or any work the Contractor believes is extra work or which is undertaken under protest. Failing any resolution of such disputes the parties shall attempt mediation through the Community Dispute Resolution Center, Ithaca, New York. If they cannot agree, then either party may make claim against the other, but no claim against the Town for damages for breach of contract or compensation for uncompensated extra work shall be made or asserted in any action or proceeding at law, or in equity, unless the Contractor shall have complied with all the requirements relating to the giving of notice and of information with respect to such claims as hereinbefore provided or as required by NYS Town Law or the General Municipal Law. Once any disputed work is paid for, it shall become a part of the “Work.”

ARTICLE 11. ESTOPPEL - Neither the Town nor any department, officer, agent or employees thereof, shall be bound, precluded or estopped by any determination, decision, approval, order, letter, payment or certificate made or given under or in connection with this Contract, whether before or after the final completion or acceptance of the Work or payment therefor, including in relation to the true and correct classification, amount, quality or character of the Work actually done, or because any termination, decision, order, letter, payment, or certificate was untrue, incorrect, or improperly made, or because any Work or any part thereof does not in fact conform to the requirements of this Contract, or from demanding and recovering from the Contractor any overpayments made, or to recover such damages as the Town may sustain by reason of Contractor’s failure to perform each and every part of this Contract in accordance with its terms, including to finish and complete all Work in a good and workmanlike manner.

ARTICLE 12. TOWN’S RIGHT TO STOP WORK OR TERMINATE CONTRACT - The Town shall have the right to stop work or terminate the Contract if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or if a receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or if the Contractor refuses or fails to prosecute the Work or any part thereof with due diligence; or if the Contractor fails to make prompt payment to persons supplying labor or materials for the Work; or if the Contractor fails or refuses to comply with all applicable laws or ordinances; or if the Contractor is guilty of a substantial violation of any provision of this Contract; or if the Town, without prejudice to any other rights or remedy it may have and upon 7 days’ notice to the Contractor, terminates for convenience all or any portion of the Work, the Contract, or the employment of the Contractor and its right to proceed to complete any Work. In the case of any whole or partial termination for convenience, the Contractor shall be paid for Work properly completed, all materials furnished (for which no return is allowed), and the parties shall adjust the Contract price accordingly and in good faith.

ARTICLE 13. DAMAGES - It is hereby mutually covenanted and agreed that the relation of the Contractor to the Work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, Contractor will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said Work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the Work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the Work or any part of

it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws, regulations or ordinances.

ARTICLE 14. NO ASSIGNMENT - In accordance with the provisions of General Municipal Law § 109 the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Contract, or of its right, title or interest in this Contract, or its power to execute this Contract, to any other person or corporation without the previous consent in writing of the Town.

ARTICLE 15. EXECUTORY CONTRACT - In accordance with § 41 of the State Finance Law and like provisions of the Local Finance Law and other laws affecting municipal obligations under law, the obligations of the Town hereunder shall be executory to the extent of monies appropriated or available to Town for the implementation of this Contract, and no liability shall be incurred by the Town beyond such monies appropriated or available. Neither the full faith and credit nor the taxing power of the Town is pledged to the payment of any amount due or to become due under this Contract.

Neither this Contract nor any representation by any of the Town’s public officers or employees creates any obligation by the legislative body of the Town to appropriate or make monies available for the purposes of this Contract.

ARTICLE 16. REQUIRED PROVISIONS OF LAW; PW REQUIREMENTS - Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. This expressly includes the Iran Divestment Act of 2012 (codified in part at State Finance Law §165-a) and regulations, the OFAC rules and regulations of the US Department of the Treasury, and related federal laws and Executive Orders limiting certain acts and agreements in commerce, and the NYS MacBride Fair Employment Principles Act and regulations. If any provision is required by law or not properly herein contained or addressed mistake or otherwise, then upon the application of either party this Contract shall be physically amended forthwith to make such correction or insertion. Contractor is further advised that it must pay all their personnel according to Rates of Wages and Supplements determined by the Commissioner of Labor of the State of New York, as prevailing in locality of site at which Work will be performed. The same requirement applies to all subcontractors and sub-subcontractors. These wage rates and supplemental benefits are subject to change.

Any such change shall be deemed to be incorporated herein by reference as of effective date of change and shall form part of this Contract and all such change shall be incorporated herein at no change in Contract pricing as Contractor must include in original bid such monies as he deems necessary to pay prevailing wages and supplements over the course of the Work.

The Town does not represent or warrant that Schedule of Wages classifications of workmen, mechanics and laborers, as required by § 220 of Labor Law, is complete and reserves the right to revise such schedule in the event any other occupation not mentioned in the schedule or classifications is required in the execution of Project. Schedules of supplements to be provided and wages to be paid shall be requested from Commissioner of Labor by the Contractor and become part of the wage and supplement schedules embodied in the Contract. The absence of an occupational classification shall not relieve Contractor from requirements to pay or provide prevailing wages and supplements for occupations not listed. Contractor shall obtain and keep current all appropriate wage rates listings for this project and must obtain and supply the NYSDOL PRC number to the Town. Among other things, the Contractor shall also comply with:

Labor Law § 220-e and Executive Law §§ 291-299 and the Civil Rights Law relating to prohibitions against discrimination and for providing equal opportunity, including, but not limited to the M/WBE rules of the NYS Department of Labor, if and as applicable;

Compliance with sexual harassment obligations under New York State Law, including the provisions of Labor Law § 201-g and State Finance Law § 139-l. Contractor certifies under penalty of perjury that Contractor has properly implemented and maintains a written sexual harassment policy, undertakes compliant annual sexual harassment prevention training to all of its employees, and that Contractor’s policies and procedure comply with the minimum requirements of New York State law.

Affirmative action as required by the NYS Labor Law;

Prevention of dust hazards as required by Labor Law § 222-a;

Preference in employment as required by Labor Law § 222, mainly pertaining to NYS citizens;

8-hour workday rules per Labor Law § 220(2) and compliance with overtime dispensation rules and the timely and proper completion and delivery of Form PW-51, including ensuring that no laborer, workman or mechanic in the employ of Contractor, or any of Contractor’s subcontractors or other persons doing or contracting to do Work under this Contract, shall be permitted or required to Work more than 8 hours in any one calendar day or more than 5 days in any week except in case of extraordinary emergency including, fire, flood, or damage to life or property;

Timely and proper completion and delivery of Form PW-12 wage and supplement information;

Certification by Contractor that the Contractor, individually and as a company or corporation, is not listed upon any disbarment list maintained by the NYS Department of Labor (Public Works Division) or the Workers’ Compensation Board;

Assistance with SPOTA compliance and cooperation with the Towns designated SPOTA Clerk;

Verification that all employees have or are either OSHA-10 or OSHA-30 training compliant, as necessary for the duty and job title, or exempt from such requirements;

Posting all prevailing wage and other Labor Law notices at and about the work site, including Labor Law § 220 compliance;

NYS Energy Codes.

This is an Article 8 Public Work Project subject to New York State Labor Law § 220 and § 222; Article I, § 17 of the State Constitution and Executive Law §§ 291-299 covering prevailing wage schedules, overtime rules, dust hazards, affirmative action prohibitions against discrimination, equal opportunity employment and EEO Utilization Plan compliance. All prevailing wage and public works requirements shall apply to this Contract and this Work and are hereby expressly incorporated in this job.