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FOR
TOWN OF WAPPINGER
CARNWATH FARMS HISTORIC SITE
CARNWATH FARMS LANE
WAPPINGERS FALLS, NY 12590
MA #W21400.22
MARCH 2014
MORRIS ASSOCIATES
ENGINEERING CONSULTANTS, PLLC
9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 473-1962
64 Green Street, Suite 1, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963
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NOTICE TO CONTRACTORS
Request for Proposals (RFP) are invited by the Town Board, Town of Wappinger for the
Administration Building Entry Porch Renovation Project at the Carnwath Farms Historic Site as
set forth in Contract Package prepared by Morris Associates, PLLC, 9 Elks Lane, Poughkeepsie,
New York 12601.
Please provide proposals written on the Request for Proposal Form, to Town of Wappinger Town
Ir . Clerk, 20 Middlebush Road, Wappingers Falls, NY 12590 by 12:00 PM on Tuesday, April 1st, 2014.
Quotes can be mailed or hand delivered.
Work proposed under this contract is located at the Carnwath Farms Historic Site, 81 Carnwath
Farms Lane, Wappingers Falls, NY 12590. This Contract consists of the repair, restoration and
partial replacement of an existing covered porch.
~'` The completion date for this project will be 30 days from the starting date to be specified in the
Town's Notice to Proceed.
.The Town Board, Town of Wappinger expressly reserves the right to waive any irregularities in or to
accept any proposal or to reject any and all proposals or to award on any or all items as the interest
of the Town of Wappinger may appear to require.
No contractor may withdraw his/her proposal within thirty (30) days after the actual date of the due
date.
By order of the Town Board, Town of Wappinger, New York.
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Contained herein are the components of the Request for Proposal package for the
Administration Building Entry Porch Renovation Project. All contractors will take notice,
review and complete these components in order to offer a proposal for the work.
The components are:
• Instructions
• Request for Proposal Form
• Contract Agreement
r • Contract General Conditions
SCOPE OF WORK
1. The Town of Wappinger requires the restoration of an existing covered porch
located on the west side of the Administration Building at the Carnwath Farms
Historic Site.
2. The full `Scope of Work' is described on Drawing Al (of 1), included with this
"" document.
INSTRUCTIONS
1. Preparation of RFP
""" Prepare the proposal on the official RFP Form included in these documents. Fill in
all blank spaces legibly. The Form must contain an original signature.
2. Prevailing Wages
Any contract or sub-contract awarded to do the work shall be required to comply
with the Davis-Bacon Act and other federal labor standards or provisions. The NYS
DOL and Federal Schedule of Wages applicable to this contract are attached.
3. Waste Disposal
~ The contractor is responsible for disposal of all waste material generated by the
project.
4. Site Visit
The Contractor is responsible for visiting the site and being familiar with site
~ conditions prior to submitting a proposal. Contact Bob Gray, Morris Associates,
(914) 475-5749 to schedule a site visit.
~, 5. Work During Business Hours
The contractor is advised that the Carnwath Farms Historic Site is a Town Park with
seasonal hours. The contractor shall be responsible to schedule the work
accordingly; to not interrupt business activities and shall take all precautions to
ensure safety to employees and visitors during the work day. All work shall be
;,,,, secured at the end of the work day.
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REQUEST FOR PROPOSAL FORM
TO: The Town Board of the Town of Wappinger
Incompliance with your Notice to Contractors the undersigned proposes and agrees
as follows:
To furnish all the materials, equipment, and incidentals, and to furnish labor and do
all the work required, to construct, furnish, and complete the Administration Building
Entry Porch Renovation Project at the Carnwath Farms Historic Site and associated
work in accordance with the prices so named in this proposal in a workmanlike
manner, in accordance with Contract Documents, all of which are a part of the
contract hereto annexed.
2. To complete all the work as specified, on which this proposal, is based, within thirty
(30) days after the starting date specified in the Town's Notice to Proceed.
3. To enter into a contract within ten (10) calendar days from the date of acceptance of
this proposal.
5. To comply with the Davis-Bacon Act and other federal labor standards or provisions
and to pay New York State Prevailing Wage Rates, applicable to this contract.
In compliance with the Instructions, the undersigned declares that he/she has
examined the area of the work and informed himself/herself fully in regard to all conditions
'" pertaining to the place where the work is to be done. He/she has examined the contractual
documents for the work, has read all special provisions furnished prior to the opening of
~` proposals, and has satisfied himself/herself relative to the work to be performed.
ADDENDA:
~"" Receipt of the following addenda is hereby acknowledged:
DATE
SIGNATURE
ADDENDUM NO. 1
ADDENDUM NO. 2
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BASE PROPOSAL:
The proposal to perform the work required in accordance with the Contract
Documents will be performed for the sum of:
(in writing)
Authorized Signature
Legal Company Name
Address
City, State, Zip
Telephone No.
Federal I.D. #
Title
Print Name
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(and figures)
TOWN BOARD
TOWN OF WAPPINGER, NEW YORK
CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this day of , in
the year Two Thousand and , by and between the Town Board, Town of
Wappinger and ,Contractor,
WITNESSETH: in consideration of the mutual agreements herein contained the parties
hereto have agreed and hereby agree with each other, the Town, its successors and
assigns, and the Contractor, and his/her successors and assigns, as follows:
The Town Board, Town of Wappinger, New York agrees to pay and the Contractor agrees
to accept a total, final and fixed Contract Price of:
($ )
(in writing)
for the Administration Building Entry Porch Renovation Project at the Carnwath Farms
~l. Historic Site.
The Contractor will furnish all labor and materials necessary to perform the work shown on
the Contract Documents as prepared for the Town Board, Town of Wappinger by Morris
Associates, PLLC.
Included in this Contract are all labor, supervision, machinery, equipment, facilities, tools,
transportation, supplies, materials, insurance's, permits, certificates, guarantees, protection
of equipment and property and life during construction, and all other things whether or not
explicitly shown or mentioned, necessary and proper for or incidental to the completion of a
workerlike job, complete in every respect and detail, left ready and in perfect condition for
~ the Owner's use, as called for in the plans and specifications.
The Contractor, by placing his/her signature on this Contract, hereby certifies that he/she
has read and is aware, cognizant, and knowledgeable of the contents of all bid documents
and the contract documents and he agrees to abide by and be bound by their contents and
by all applicable federal, State .and local laws, ordinances and statutes.
~r.
Payments, both progress and final, will be made as submitted to, reviewed and approved
by the Town Engineer and Town Board.
r.
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The Contractor agrees to begin work on the day specified in the Town's Notice to Proceed
and unless the date for completion is extended pursuant to the Town Engineer approval,
he/she agrees to complete the work within thirty (30) days from the starting date specified
in the Notice to Proceed.
(Officer's/Partner's/Individual's) signature
(Officer's/Partner's/Individual's) name printed
(Corporation/Partnership/Individual) name printed
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CONTRACT GENERAL CONDITIONS
1.0 PAYMENT
1.1 Total Payment
a. For the Contractor's complete performance of the work, the Town of
Wappinger (Owner) will pay, and the Contractor agrees to accept,
subject to the terms and conditions hereof, the total of the lump sum
prices and the unit prices at which this Contract was awarded, plus
the amount required to be paid for any extra work as approved in
writing by the Town Board, less credit for any work omitted.
1.2 Progress Payments
a. The Owner will make a lump sum payment if work is completed within
thirty (30) days from the date specified in the Notice to Proceed, or
the Owner will make monthly progress payments on account of this
Contract, on or after the fourth Monday of each month, whenever the
monthly estimate of the Contractor, as approved by the Town
Engineer, shows that the fair value of the work completed during the
previous month exceeds one thousand dollars ($1,000).
b. Payment will be in an amount equal to ninety-five percent (95%) of
the value of the work completed in accordance with the unit values
shown on the Bid Sheets, less the aggregate of all previous
payments, except where specifically provided elsewhere herein.
c. Payment requests shall be made on a form approved by the Town
Engineer (preferably AIA format payment requests) and shall be
~"" submitted by the tenth day of the month in which payment is
scheduled to be made. Payment requests shall be approved,
changed or rejected by the Town Engineer at least three (3) days prior
'I"' to the date upon which payment is scheduled to be approved by the
Town Board. Delays in payment due to disagreement between the
Town Engineer and Contractor about a quantity shall be borne by the
Contractor. It is also the burden of the Contractor to obtain
agreement from the Town Engineer or to be satisfied with his
estimate.
d. When submitting payment requests, the Contractor shall certify with
each request that all subcontractors, suppliers and laborers have
been paid in full (less 5% retainage, if allowed) up to the date of the
request. No payment will be made by the Owner without this
certification.
e. All materials and work covered by progress payments shall become
the property of the Owner. Payments made to the Contractor shall
not be construed as acceptance by the Owner of any work or
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materials not in accordance with the plans and specifications.
1.3 Substantial Completion
a. When the work ar~major portions thereof are substantially completed,
the Contractor may submit a request for payment of the remaining
amount of the contract amount. Upon receipt of such request for
payment, the Town Engineer shall make an inspection and identify all
work that is incomplete or otherwise not ready for final acceptance.
b. The Owner shall approve and promptly pay the remaining amount of
the contract balance less two times the value of any remaining items
to be completed (as identified in the Engineer's Certificate of
Substantial Completion) and an amount necessary to satisfy any
claims, liens or judgments against the Contractor which have not been
suitably discharged. The Certificate of Substantial Completion may
also assign responsibilities for security, maintenance, damage to the
work, insurance, etc. The Certificate shall fix the time within which the
Contractor shall complete all items listed as being incomplete or
otherwise not ready for final acceptance.
c. As the remaining items of work (as identified in the Engineer's
Certificate of Substantial Completion) are satisfactorily completed or
corrected, the Contractor may prepare a request for payment, but not
more often than monthly, for any such work. The Owner shall pay as
in paragraph 1.1 above, subject to the retainage in paragraph 1.4
below .
1.4 Security Retainage
a. A five percent (5%) security retainage may be held by the Town for a
period of thirty (30) days after final payment if all work has not been
completed to the satisfaction of the Town Engineer. At the end of this
period another inspection of the facility will be made and if all work is
deemed satisfactory in the opinion of the Town Board the retainage
shall be released. If any remedial maintenance is required, the
Contractor will be notified to take all corrective actions as necessary
to remedy the unsatisfactory condition.
1.5 Final Payment
a. Within thirty (30) days after receiving notice from the Contractor of
completion of all of the work and submission of satisfactory evidence
of having repaired any and all damage to public or privately owned
properties resulting from, but not a part of, the work under this
contract, the Town Engineer will cause a final inspection to be made
for approval ref all the work done under this contract. If upon such
inspection the Town Engineer determines that no furtherwork is to be
done, the Owner will issue a Certificate of Completion to the
~,, Contractor for the work done under this contract..
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b. As a condition precedent to receiving final payment, the Contractor
shall submit AIA forms (or similar) G706 Contractor's Affidavit of
Payment of Debts and Liens, G706A Contractor's Affidavit of Release
of Liens, and G707 Consent of Surety Company to Final Payment.
c. The Owner will, not later than thirty (30) days after the final
acceptance of the work under this Contract, pay the Contractor the
entire sum so found due thereunder after deduction of all previous
payments and the amount to be retained pursuant to the sixty (60)
day period of maintenance. It is mutually agreed; that all prior
payment having been based on estimates made solely to enable the
Contractor to prosecute the work advantageously, the final payment
will be subject to such corrections as may be found necessary to bring
the total payments into agreement with the contract price.
1.6 Acceptance of Final Payment
a. The acceptance by the Contractor or by anyone claiming by or
through him of the final payment shall operate as and shall be a
release to the Owner and every officer and agent thereof, from any
and all claims and all liability to the Contractor for any thing done or
furnished in connection with this work or project and for any act or
neglect of the Owner or of any others relating to or affecting the work.
No payment, however, final or otherwise shall operate to release the
Contractor or his sureties from any obligations under this contractor
performance bond.
2.0 INSURANCE
a. Simultaneously with the execution of the contract, the Contractor shall
provide at his own cost and expense, proof of the following insurance
to the Town, in the form of a Certificate of Insurance:
Statutory Worker's Compensation coverage, in compliance with
the Compensation Law of the State of New York.
2. General Liability Insurance coverage in the comprehensive
general liability form including blanket contractual coverage for
the operation of the program under the Agreement in the amount
of $1,000,000.00. This insurance shall include coverage for bodily
injury and property damage in the amount of $500,000.00. The
Town must be listed as additional named insured.
3. Automobile liability insurance coverage for all owned, leased, or
non-owned vehicles in the amount of $1,000,000.00 per
occurrence. This insurance shall include coverage for bodily
injury and property damage. The Town must be listed as
additional named insured.
~.
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4. Disability insurance in accordance with State Law.
b. Prior to cancellation or material change in any policy, a thirty (30) day
notice shall be given to the Town Clerk by registered mail, return
receipt requested, at the address listed below:
Town Clerk
Town of Wappinger
Town Hall
20 Middlebush Road
Wappingers Falls, NY 12538
Upon receipt of such notice the Town shall have the option to cancel
the Agreement without further expense or liability to the Town, or to
require the Contractor to replace the canceled insurance policy, or
rectify any material change in the policy, so that the insurance
coverage required is maintained continuously throughout the term of
the Agreement in form and substance acceptable to the Town.
Failure of the Contractor to take out or to maintain, any required
insurance, shall not relieve the Contractor from any liability under the
contract, nor shall the insurance requirements be construed to conflict
with the obligations of the Contractor concerning indemnification.
c. All property losses shall be made payable to and adjusted with the
Town.
d. All insurance policies referred to above shall be underwritten by
companies authorized to do business in the State of New York and
acceptable to the Town.
In the event that claims in excess of these amounts are filed by reason of
any operations under the Agreement, the amount of excess of such
~"' claims, or any portion thereof, may be withheld from payment due or
to become due the Contractor until such time as the contractor shall
furnish such additional security concerning such claims as may be
~'" determined by the Town.
3.0 GUARANTEE/WARRANTY
a. All labor and materials shall be guaranteed for a minimum of one year
~ from the date of final completion and acceptance of work. Issuance
of final payment shall constitute final acceptance.
b. If, within one year after the date of final acceptance, or within such
longer period of time as may be prescribed by law or by the terms of
any applicable special guarantee required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct
it within 10 (ten) calendar days after receipt of a written notice from
,,,, the Owner to do so, unless the Owner has previously given the
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Contractor a written acceptance of such condition.
c. In case of an emergency where, in the opinion of the Town Engineer,
delay would cause serious loss or damage, and if the Contractor does
not respond to make the repairs after 24 hours notice, the Owner may
make repairs at the expense of the Contractor. Said repairs will be
considered to apply to all items of work done by the Contractor
pertaining to the installation including trench settlement.
4.0 INDEMNIFICATION
a. The Contractor shall indemnify and hold harmless the Owner and the
Town Engineer and their agents and employees from and against all
claims, damages, losses, and expenses including attorney's fees
arising out of or resulting from the performance of the work, provided
that any such claim, damage, loss, or expense (1) is attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction
of tangible property (other than the work itself) including the loss of
use resulting there from, and (2) is caused in whole or in part by any
negligent act or omission of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, regardless of whether or not it
is caused in part by a party indemnified hereunder. In any and all
claims against the Owner or the Town Engineer or any of their agents
or employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable
by or for the Contractor or subcontractor under worker's
compensation acts, disability benefit acts or other employee benefit
acts. The obligations of the Contractor underthis paragraph shall not
extend to the liability of the Town Engineer, his agents or employees
arising out of (1) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, design or specifications,
or (2) the giving of or the failure to give directions or instructions by
the Town Engineer, his agents or employees provided such giving or
failure to give is the primary cause of the injury or damage.
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TECHNICAL SPECIFICATIONS AND DRAWING
1. Product specifications are noted on Drawing Al (of 1).
2. Contractor may substitute products specified provided:
- Alternate product manufacturer's data and/or cut sheets are
submitted to, and approved by the Town Engineer.
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DRAWING
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