Contract/Bid/SpecificationsJ
CONTRACTBID/SPECIFICATIONS
MOWING OF TOWN PARKS
FOR THE
TOWN OF WAPPINGER
20 MH)DLEBUSH ROAD
WAPPINGERS FALLS, NEW S
WITH ADDENDUM #1
TOWN SUPERVISOR
TOWN BOARD MEMBERS
TOWN CLERK
ATTORNEY TO THE TOWN
RECREATION DIRECTOR
Original Specifications: November 7, 2012
Addendum #1: November 9, 2012
G°~L~~~aMCD
NOV 0 9 2012
TOWN OF WAPPINGER
TOWN CLERK
BARBARA A. GUTZLER
WILLIAM BEALE
VINCENT BETTINA
ISMAY CZARNIECKI
MICHAEL KUZMICZ
CHRISTINE FULTON
ALBERT P. ROBERTS
MARK PRICE
There will be an Optional pre-bid meeting at lOAM on Friday, November 9, 2012 at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York.
TABLE OF CONTENTS
Information for Bidders .............................................
II Bid Form ...............................................................
III Base Bid Sheet .........................................................
IV Certification of Non-Collusion By Bidder .........................
V Bid Bond Form .........................................................
VI Contract Agreement ...................................................
VII Phone Numbers .........................................................
VIII General Conditions .....................................................
2013 Mowing Bid Packet Information for Bidders INST - 1
I INFORMATION FOR BIDDERS
1 Receipt and Opening of Bids
The Town of Wappinger (the Town or Owner), invites bids on the form attached hereto, all
blanks of which must be completely filled in. Bids will be received by the Town at the office of
the Town Clerk until 2 o'clock p.m., local time on November 13, 2012 and then at said office
publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed
to the Town of Wappinger at 20 Middlebush Road, Wappingers Falls, New York 12590 and
designated as "Bid Proposal -Town Parks Mowing Contract" on the outside of the envelope.
The Town may consider informal any bid not prepared and submitted in accordance with the
provisions hereof and may waive any informalities or reject any and all bids. Any bid maybe
withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified shall not be considered. No bidder
may withdraw a bid within 45 days after the actual date of the opening thereof.
2. Pr~aration of Bid:
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled
in, in ink or typewritten, in both figures and words, and the foregoing Certifications must be fully
completed and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder,
his/her address, and the name of the project for which the bid is submitted. If forwarded by mail,
the sealed envelope containing the bid must be enclosed in another envelope addressed as
specified in the Advertisement for Bids.
3. Qualifications of Bidder:
The Town may make such investigations as deemed necessary to determine the ability of the
bidder to perform the work, and the bidder shall furnish to the Town all such information and data
for this purpose as the Town may request. The Town reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder fails to satisfy the town that such bidder is
properly qualified to carry out the obligations of the contract documents and to deliver the items
specified. Conditional bids will not be accepted. Names and qualification of all subcontractors
must be submitted with the bid.
4. Bid Securitv:
Each bid must be accompanied by a Certified Check of the bidder or bid bond on the form of bid
bond attached hereto drawn payable to the Town of Wappinger, in the amount of Five Percent
(5%) of the amount bid. Such bid security will be returned to all except the three lowest bidders
within five days after the opening of bids. The remaining certified checks or bid bonds will be
returned to those not awarded the contract promptly after the Town and the accepted bidder have
executed a contract, or, if no agreement has been made within 30 days after the date of the
opening of bids, upon demand of the bidder at any time thereafter, so long as he/she has not been
notified of the acceptance of his/her bid. The bid security for the winning bidders will be returned
upon execution of the contract.
5 Addenda and Interpretations:
No interpretation of the meaning of the specifications or other pre-bid documents will be made to
any prospective bidder orally. Any and all such interpretations and any supplemental instructions
will be in the form of written addenda to the specifications which, if issued, will be mailed by
certified mail with return receipt requested to all prospective bidders (at the respective addresses
2013 Mowing Bid Packet Information for Bidders INST - 2
furnished for such purposes), not later than three days prior to the date fixed for the opening of
bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such
bidder from any obligation under his/her bid as submitted. All addenda so issued shall become
part of the bid/agreement documents.
6. Obligation of Bidder:
At the time of the opening of bids each bidder will be presumed to have read and to be thoroughly
familiar with the contract documents (including all addenda). The failure or omission of any
bidder to examine any form, instrument or document shall in no way relieve any bidder from any
obligation with respect to his/her bid.
7. Conditions of Work/Optional Pre-bid Meeting:
Each bidder must inform him/her self of the conditions relating to the work required under this
project and the employment of labor thereon. Failure to do so will not relieve a successful bidder
• of his/her obligation to furnish all material and labor necessary to carry out the provisions of
his/her contract.
There will be an Optional pre-bid meeting at lOAM on Friday, November 9, 2012 at the
Town Hall, 20 Middlebush Road, Wappingers Falls, New York.
8. Sales Tax:
This work is exempt from certain sales/use taxes and the Contract amount excludes such taxes,
but includes all other taxes.
9. Bid Comparison
Bids will be compared on the basis each item on the bid form. In the event there is a discrepancy
between any figures written in words and written numerically, the price written in words shall
govern. The Town reserves the right to waive any irregularities or informalities, or to reject part
of any or all bids.
10. Bid Quantities
The Town reserves the right to increase or decrease any item in this contract they deem to be in
the best interest of the Town.
11. Method of Award -Lowest Qualified Bidder:
It is the Town's intention to award the contract based on the lowest bid price for each item which
has been submitted by a qualified bidder. If such bids exceed the funds available, the Town may
reject any or all bids.
12. Non Performance
If work under this contract is not adequately being preformed as determined by the Recreation
Director, this contract can be terminated upon 15 days written notice.
13. Notice to Proceed:
Contractor shall not proceed with any work under this agreement, for which work the Contractor
is contemplating claiming reimbursement, until Contractor has received the Executed Contract
and a Notice to Proceed from the Town.
2013 Mowing Bid Packet Information for Bidders INST - 3
14 RecLuirements Of NYS Workers' Compensation Board:
Before the Town enters into agreement with the Contractor, he must submit proof that he has
obtained the required workers' compensation and disability benefits coverage, or that he is not
required to provide such coverage.
Acceptable forms of proof of Workers' Compensation coverage are Forms C-105.2 and DB-120.1
(Certificates of Insurance), and Form SI-12 (Affidavit Certifying That Compensation Has Been
Secured) or Form DB-155 (Compliance with DB Law).
Please note that it is acceptable of employers insured by the State Insurance Fund to submit the
Fund's computer generated certificate of insurance as proof of coverage, in place of prescribed
Form C-105.2.
Employers who are not required by Law to provide workers' compensation and/or disability
benefits coverage must submit Form C-105.21 (Statement That Applicant Does Not Require
W.C. or D.B coverage), which when completed by the Workers' Compensation Board is proof
that the applicant is not required to carry either type of insurance.
2013 Mowing Bid Packet Bid Form BF- 1
II BID FORM
TO: The Town Board of the Town of Wappinger.
In compliance with your Notice to Contractors, published in the Southern Dutchess News
and the Poughkeepsie Journal dated November 7, 2012, the undersigned proposes and agrees as
follows:
1) To fi~rnish all the equipment, and incidentals, and to furnish labor and do all the
work required to complete the mowing and clearing of town parks and associated
work in accordance with the prices so named in this bid in a workman like
manner, in accordance with the direction of the Recreation Director, all of which
are a part of the contract hereto annexed.
2) To complete all the work as specified, during the monthly intervals on which this
bid is based, after the starting date specified in the Town's Notice to Proceed.
[The Notice to Proceed shall be issued by the Town Supervisor. It is anticipated
that this will occur within one month after bid opening date.]
3) To furnish the Town within five (5) calendar days from the date of the request, if
identified as the apparent low bidder and if requested by the Town, a statement of
qualifications.
4) To enter into a contract within ten (10) calendar days from the date of acceptance
of this bid.
5) To comply with all federal and state labor standards or provisions.
The Town also reserves the right to award this contract for one year or two years at the discretion
of the Board.
In compliance with the Instructions to Bidders, the undersigned declares that he/she has
examined the site 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 plans and
specifications for the work and the contract documents relating thereto, has read all addenda
furnished prior to the opening of bids, and has satisfied himself/herself relative to the work to be
performed.
If the undersigned fails to perform any of the promises made herein, the certified check,
which is herewith deposited with the Town Clerk, will be paid to the Town of Wappinger or
payment of the bond herewith deposited will be enforced for the benefit of the Town of
Wappinger as liquidated damages for such default; otherwise the check or bond will be returned
to the undersigned.
ADDENDA:
Receipt of the following addenda (if any) is hereby acknowledged:
ADDENDUM NO. 1
DATE SIGNATURE
09 Nov 2012
2013 Mowing Bid Packet Bid Form BF- 2
The bidder proposes to perform the moving and clearing of town parks as required in
accordance with the Contract Documents for the annual sum of
(in writing (and figures)
Dated: November , 2012
SIGNBID HERE
Authorized Signature
(Sign Here)
Print Name
Title
Legal Company Name
Address
City, State, Zip
Telephone No.
Federall.D. #
2013 Mowing Bid Packet Non-Collusion Form NC- 1
IV CERTIFICATION OF NON-COLE USION BY BIDDER
The undersigned represents that pursuant to Sections 103-a and 103-b of the General Municipal Law
of the State of New York, no person referred to in the attached proposal who is the bidder or who is or
was a member, partner, director or officer of the bidding firm or entity under this proposal has refused
to sign a waiver of immunity or to answer any relevant questions relating to any transaction or contract
with the State of New York, any political subdivision thereof, or any public authority, during the period
of five years prior to the date hereof. The undersigned agrees that any contract awarded as a result of
this bid may be canceled without penalty upon the grounds set forth in Sections 103-a and I03-b of the
said General Municipal Law of the State of New York The names and addresses of all persons and
parties interested in the foregoing bid are as follows:
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in
the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury,
that to the best of knowledge and belief
1. The prices in this bid have been arrived at independently without collusion, consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
2. Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to
opening, directly or indirectly, to any other bidder or to any competitor; and
3. No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.
A bid shall not be considered for award nor shall any award be made where 1, 2 and 3 above have not
been complied with; provided however, that if in any case the bidder cannot make the foregoing
certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth
in detail the reasons therefor. Where 1, 2 and 3 above have not been complied with, the bid shall not be
considered for award nor shall any award be made unless the head of the purchasing unit of the
political subdivision, public department, agency or official thereof to which the bid is made, or his
designee, determines that such disclosure was not made for the purpose of restricting competition.
The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b)
has informed prospective customers of proposed or pending publication of new or revised price lists for
such items, or (c) has sold the same items to other customers at the same prices being bid, does not
constitute, without more, a disclosure within the meaning of subparagraph one.
2013 Mowing Bid Packet Non-Collusion Form NC- 2
Any bid hereafter made to any political subdivision of the State or any public department, agency or
official thereof by a corporate bidder for work or services performed or to be performed or goods sold
or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where
such bid contains the certification referred to in subdivision one of this section, shall be deemed to
have been authorized by the board of directors of the bidder, and such authorization shall be deemed to
include the signing and submission of the bid and the inclusion therein of the certificate as to non-
collusion as the act and deed of the corporation.
2013 Mowing Bid Packet BID BOND BB- 1
V BID BOND FORM
KNOW ALL PERSONS BY THESE PRESENTS: that
as Principal; and
**
as Surety, are hereby held
and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of
Dollars
($ )
for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
Signed this
WHEREAS,
day of
201
The condition of the above obligation is such that, whereas the Principal has submitted to the Town
Board a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing
for the Mowing of Town Parks in the Town of Wappinger, New York, as shown and specified in the
contract, plans and specifications.
NOW THEREFORE,
(a) If said Bid shall be rejected, or in the alternate
(b) If said Bid shall be accepted and the Principal shall• execute and deliver the Contract
Agreement in the form attached hereto (properly completed in accordance with said Bid)
and furnish such performance bond and labor and material payment bond as required,
then this obligation shall be void Otherwise, the same shall remain in force and effect, it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the amount of this obligation as herein stated
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
bond shall in no way be impaired or affected by any extension of the time within which the Principal
may accept such bid; and said Surety does hereby waive notice of any such extension.
*Insert Bidder's Name
**Insert Surety's Name
1 2013 Mowing Bid Packet BID BOND BB- 2
PRINCIPAL
By:
(Corporate Seal of Surety Co.)
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are Corporations have caused their Corporate seals to be hereto affrxed and these
presents to be signed by their proper officers, the day and year first set forth above.
(Seal of Principal if a Corporation)
(Officer's/Partner's/Individual's) signature
(Officer's/Partner's/Individual's) name printed
(Corporation/Partnership/Individual) name
printed
STATE of
COUNTY of
ss:
On this day of , 200
before me personally came to me known and known
to me to be the person described in and who executed the foregoing instrument, and he/she
duly acknowledged that he/she executed the same
Notary Public, County
No. Term Expires
2013 Mowing Bid Packet CONTACT INFO CONTACT- 1
VII PHONE NUMBER/EMAIL
BARBARA A. GUTZLER
SUPERVISOR
(845) 297-2744
Wappinger Town Hall
20 Middlebush Road
Wappinger Falls, New York 12590
bgutzler@townofwappinger.us
2013 Mowing Bid Packet CONTRACT GC- 1
VIII CONTRACT
ARTICLE 1: DEFINITIONS
1.1 WORDS AND EXPRESSIONS
The following words and expressions, or pronouns used in their stead, shall, wherever they appear in this
Contract, be construed as follows, unless a different meaning is clear from the context.
* "Act of God" shall mean an act, event, happening, or occurrence, and disaster and effect due to
natural causes and inevitable accident, or disaster; a natural and inevitable necessity which implies
entire exclusion of all human agency which operates without interference or aid from man and
which results from natural causes and is in no sense attributable to human agency.
* "Addendum" or "Addenda" shall mean the additional contract provisions issued in writing by the
Recreation Director prior to the receipt of bids.
* "Certificate of Completion" shall mean a letter or notice signed by the Owner after the Recreation
Director has determined that no further work is to be done.
* "Change Order" shall mean the fully executed written order to the Contractor authorizing an
addition, deletion or revision in the work within the general scope of the contract documents, or
authorizing an adjustment in the contract price or contract time.
* "Contract" or "Contract Documents" shall mean each of the various parts of the contract listed
below, both as a whole and severally.
* Exeept for titles, sub-titles, headings, running headlines, tables of contents and indices (all of
which are printed herein merely for convenience) the following, except for such portions thereof as
may be specifically excluded, shall be deemed to be part of this contract:
1. Contract Agreement
2. Performance Bond
3. General Conditions for Contract
4. Special Conditions for Contract
5. Detail Specifications
6. Drawings
7. All Addenda
8. All provisions required by law to be inserted in this contract whether actually inserted or
not
9. Change Orders
"Contractor" shall mean the person, partnership, firm or corporation with whom the Owner has
executed the Contract Agreement.
"Contract Work" shall mean everything expressly or implicitly required to be furnished and done
by the Contractor by any one or more parts of the Contract defined herein, except extra work as
defined herein.
2013 Mowing Bid Packet CONTRACT GC- 2
* "Extra Work" shall mean work other than that required either expressly or implicitly by the
contract in its present form. It may include work in areas designated on the plans as areas of future
work, or in areas within the contract limits or adjacent thereto. Extra work shall be authorized by a
change order.
* "Final Acceptance" shall mean acceptance of the work by the Owner as evidenced by his signature
upon the final Certificate of Completion. Such acceptance shall be deemed to have taken place
only if and when such signature is affixed to said Certificate of Completion.
* "Inspector" shall mean an authorized representative of the Owner assigned to make any and all
necessary inspections of the work performed and materials furnished by the Contractor.
* "Owner" shall mean the party of the first part hereto, the Town, the Supervisor, or any other person
designated by them to act on their behalf.
* "Plans" shall mean only those drawings specifically entitled as such and listed in the Specifications
or in any addendum.
* "Project" shall mean the entire improvement to which this contract relates.
* "Recreation Director" shall mean the Recreation Director for the Town as designated and duly
appointed by the Town, directed or assigned by them to this Contract, with the powers and duties
as stated in the contract documents.
* "Site" shall mean the area upon or in which the Contractor's operations are carried on, and such
other areas adjacent thereto as may be designated as such by the Recreation Director.
* "Specifications" shall mean all of the directions, requirements, and standards of performance
applying to the work as hereinafter detailed and designated as such. .
* "Subcontractor" shall mean any person, firm or corporation, other than employees of the
Contractor, who or which contracts with the Contractor to furnish, or actually furnishes, labor,
materials or labor and equipment at the site.
* "Surety" shall mean any person, firm or corporation that has executed as surety, and bond or bonds
required to be executed by the Contractor as they relate to the provisions of the Contract.
* "The Work" shall mean everything expressly or implicitly required to be furnished and done by the
Contractor under the contract and shall include both contract work and extra work.
* Whenever they refer to the work or its performance, the words "directed", "required", "permitted",
"ordered", "designated", "prescribed", and words of like import are used, they shall imply the
direction, requirement, permission, order, designation or prescription of the Recreation Director
and "approved", "acceptable", "satisfactory", "in the judgment of', and words of like import, shall
mean approved by, or acceptable to, or satisfactory to, in the judgment of the Recreation Director.
ARTICLE 2: ROLES AND RESPONSIBILITIES
2.1 THE CONTRACTOR
2013 Mowing Bid Packet CONTRACT GC- 3
The Contractor shall supervise, direct and perform the work in accordance with the true intent and
meaning of the contract documents. Unless otherwise expressly provided, the work must be performed in
accordance with the best modern practice, with materials and workmanship of the highest quality, all as
determined by, and entirely to the satisfaction of, the Recreation Director. The Contractor shall be
responsible for the entire work until completed and accepted by the Owner.
Unless otherwise expressly provided, the means and methods of operation shall be such as the Contractor
may choose, subject, however, to the approval of the Recreation Director. Such approval, or the
Recreation Director's failure to exercise his right to reject, shall not create a cause of action for damages.
The Contractor shall assume all risks and responsibility and shall complete the work in whatever material
and under whatever conditions he may encounter or create, without extra cost to the Owner.
No plea of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of
conditions or difficulties that may be encountered in the execution of the work under this contract, as a
result of failure to make the necessary examinations and investigations, will be accepted as an excuse for
any failure or omission on the part of a Contractor to fulfill in every detail all of the requirements of the
contract documents, or will be accepted as a basis for any claims whatsoever for extra compensation or an
extension of time.
2.2 THE OWNER
The Owner, in addition to those matters expressly made subject to its determination, direction or approval
in this contract, shall have the power:
(1) . To determine finally any and all questions in relation to this contract and its performance,
which determination shall be fmal and conclusive upon the Contractor;
(2) To modify or change this contract so as to require the performance of extra work, or the
omission of contract work, or both, whenever it deems it in the public interest to do so;
(3) To suspend the whole or any part of the work or terminate the entire project whenever, in its
judgment, such suspension or termination is required
(a) in the interest of the Owner generally, or
(b) to coordinate the work of the various Contractors engaged in this project, or
(c) to expedite the completion of the entire project even though the completion of this
particular Contract may be thereby delayed, without compensation to the Contractor
for such suspension other than extending the time for the completion of the work, as
much as it may have been, in the opinion of the Recreation Director, delayed by such
suspension;
(4) If before the final completion of all the work contemplated herein, it shall be deemed
necessary by the Owner to take over, use, occupy or operate any part of the completed or
partly completed work, the Owner shall have the right to do so and the Contractor will not,
in any way, interfere with or object to the use, occupation or operation of such work by the
Owner after receipt of notice in writing from the Board Director that such or part thereof
will be used by the Owner on and after the date specified in such notice.
2013 Mowing Bid Packet CONTRACT
2.3 RECREATION DIRECTOR'S AUTHORITY
GC- 4
(1) The Recreation Director, in addition to those matters elsewhere herein expressly made
subject to his determination, direction or approval, shall have the power, subject to review
by the Owner:
a. To inspect the performance of the work;
b. To determine the amount, kind, quality, sequence, and location of the work to be paid
for hereunder;
a To determine all questions in relation to the work, to interpret the contract,
specifications, and addenda;
d. To make minor changes in the work as he deems necessary, provided such changes
do not result in a net increase in the cost to the Owner or to the Contractor of the
work to be done under the contract;
e. To amplify the plans, add explanatory information and furnish additional
specifications and drawings consistent with the intent of the contract documents.
f. To determine how the work of this contract shall be coordinated with the work of the
Owner's employees and other Contractors engaged simultaneously at the site,
including the power to suspend any part of the work.
(2) The foregoing enumeration shall not imply any limitation upon the power of the Recreation
Director, for it is the intent of this contract that all of the work shall be subject to his
determination and approval, except where the determination or approval of someone other
than the Recreation Director is expressly called for herein. All orders of the Recreation
Director requiring the Contractor to perform work as contract work shall be promptly
obeyed by the Contractor.
(3) The Recreation Director will not be responsible for the mowing means, controls, techniques,
sequences, procedures or construction safety.
(4) The Recreation Director shall promptly make decisions relating to interpretation of the
contract and specifications.
ARTICLE 3: INTERPRETATION OF CONTRACT DOCUMENTS
3.1 CONFLICTING PLANS AND SPECIFICATIONS
In the case of conflicting information within the contract and specifications as to the type of materials or
workmanship to be provided, the Contractor agrees that he will accept the decision of the Recreation
Director as to which was intended or which is in the best interest of the Owner.
In the event that any provision in any of the following parts of this Contract conflicts with any provision
in any other of the following parts, the provision in the part first enumerated below shall govern over any
2013 Mowing Bid Packet CONTRACT
GC- 5
other part which follows numerically, except as may be otherwise specifically stated. Said parts are the
following:
1. Addenda
2. Special Conditions for Contract
3. General Conditions for Contract
4. Detail Specifications (if any)
5. Contract Drawings (if any)
The Contractor shall verify field conditions, including measurements and other conditions, before the start
of work. Any errors, inconsistencies or omissions shall be brought to the Recreation Director's attention
for resolution.
3.2 SHOP DRAWINGS
N/A
3.3 MATERIALS
N/A
3.4 ROYALTIES AND PATENTS
The Contractor shall pay all royalties and license fees and include the cost thereof in his bid. He shall
defend all suits or claims for infringement of any patent rights and shall save harmless the Owner from
loss on account thereof, except that the Owner shall be responsible for all such loss when a particular
design, process or the product of a particular manufacturer is specified and the Contractor properly
acquires all royalties and license fees at no additional cost to the Owner.
ARTICLE 4: PERFORMANCE OF THE CONTRACT
4.1 RESPONSIBILITY FOR DAMAGE
The Contractor shall faithfully perform and complete all of the work required by the Contract, and has full
responsibility for the following risks:
(1) Loss or damage, direct or indirect, to the work including the building or structure in which
the work is being performed, or any other construction in progress whether being performed
by any other Contractor or the Owner, or to any plant, equipment, tools, materials or
property furnished, used, installed or received by the Recreation Director under this contract
or any other contract. The Contractor shall bear all such risk of loss or damage, until all of
the work covered by the Contract has been finally accepted. In the event of such loss or
damage, the Contractor shall forthwith repair, replace, and make good any such loss or
damage at the direction of the Recreation Director without additional cost to the Owner.
(2) Injury to persons (including death resulting therefrom), or damage to property caused by an
occurrence arising out of the performance of this Contract for which the Contractor may be
legally liable under the laws of torts.
2013 Mowing Bid Packet CONTRACT
GC- 6
(3) The Contractor shall not be responsible for damages resulting from willful acts of Owner's
employees or from negligence resulting solely from acts or omissions of the Owner, its
officers or employees. Nothing herein shall vest in third parties any right of action beyond
such as may legally exist irrespective of this article.
(4) The Contractor shall indemnify and save harmless the Owner, its officers, employees and
agents, from suits, actions, damages, and costs of every name and description relating to the
performance of this Contract during its prosecution and until the acceptance thereof, and the
Owner may retain such moneys from the amount due the Contractor as may be necessary to
satisfy any claim for damages recovered against the Owner. The Contractor's obligations
under this paragraph shall not be deemed waived by the failure of the Owner to retain the
whole or any party of such moneys due the Contractor, nor shall such obligation be deemed
limited or discharged by the enumeration or procurement of any insurance for liability for
damages imposed bylaw upon the Contractor, subcontractor or the Owner.
(5) The Contractor shall provide to the Recreation Director oral notice within twenty four hours
and written notice within notice three (3) days of any hazardous situations observed.
(6) The Contractor shall provide written notice to the Recreation Director within three (3)
business days of any loss, damage or injury arising out of the Contractor's performance of
the Contract.
(7) No claim whatsoever shall be made by the Contractor against any officer, agent, or
employee of the Town, for, on account of, or by reason of anything done, or omitted to be
done, in connection with this contract.
4.2 CLAIM FOR DAMAGES BY CONTRACTOR
If the Contractor shall claim compensation for any damage sustained, other than for extra or disputed
work by reason of any act or omission of the Owner, its agents or of any persons, he shall, within five (5)
days after sustaining such damage, make and deliver to the Recreation Director a written statement of the
nature of the damage sustained and of the basis of the claim against the Owner. If on or before the
fifteenth of the month succeeding that in which any damage is alleged to have been sustained, the
Contractor shall fail to make and deliver to the Recreation Director an itemized, verified statement of the
details and amount of such damages claimed, it is hereby stipulated that all claims for such compensation
shall be forfeited and invalidated and the Contractor shall not be entitled to payment on account of such
claims.
4.3 DISPUTES
The Contractor specifically agrees to submit in writing, in the first instance, any dispute relating to the
performance of this Contract to the Recreation Director, who shall reduce his decision to writing and
furnish a copy thereof to the Contractor. The Contractor must request such decision in writing no more
than fifteen days after he knew or ought to have known of the facts which are the basis of the dispute.
The decision of the Recreation Director shall be final and conclusive unless within twenty days from the
date of receipt of such copy the Contractor serves upon the Board a written appeal. Upon appeal, the
decision of the Board or its duly authorized representative shall be final and conclusive unless the
decision is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith
2013 Mowing Bid Packet CONTRACT GC- 7
or is not supported by substantial evidence. In connection with any appeal proceeding under this clause,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of his appeal.
Pending final determination of a dispute hereunder, the Contractor shall proceed diligently with the
performance of the Contract, including the work being disputed, in accordance with the Recreation
Director's decision. Nothing in this Contract shall be construed as making final the decision of any
administrative official upon a question of law.
4.4 COORDINATION OF SEPARATE CONTRACTORS
The Owner may award other contracts related to the work. In that event, the Contractor shall coordinate
his work with the work of other Contractors in such manner as the Owner may direct. Each Contractor
shall control and coordinate the work of his subcontractors, if any. The Owner shall approve or require
the modification of the work schedules of all Contractors to the end that the project maybe progressed as
expeditiously as the case permits.
If any part of the work depends for proper execution or results upon the work of any other Contractor, the
Contractor shall inspect and promptly report in writing to the Recreation Director any defects in such
work. The Contractor's failure to inspect and report shall constitute an acceptance of the other
Contractor's work as fit and proper for the reception of the work of this contract.
The Owner shall issue appropriate directions and take such other measures to coordinate and progress the
work as maybe reserved to the Owner in the contract, and which an ordinarily reasonable project owner
in similar circumstances would be expected to take. However, the Owner shall not be liable for mere
errors in judgments as to the best course of action to adopt among the alternatives available in any given
instance.
The award of more than one contract for the project requires sequential or otherwise interrelated
Contractor operations, and may involve inherent delays in the progress of any individual Contractor's
work. Accordingly, the Owner cannot guarantee the unimpeded operations of any Contractor. The
Contractor acknowledges these conditions, and understands that he shall bear the risk of all ordinary
delays caused by the presence or operations of other Contractors engaged upon the project, and ordinary
delays attendant upon any Owner approved construction schedule.
The Owner shall not be liable for ordinary delays in any case nor for extraordinary delays which occur by
reason of any Contractor's failure to comply with directions of the Owner, or because of the neglect,
failure of inability of any Contractor to perform his work efficiently, or the failure of a supplier to supply
or a subcontractor to perform.
Any claim for extraordinary delay caused by an allegedly unreasonable or arbitrary act, or failure to act,
by the Owner in the exercise of its responsibility for supervision and coordination of the work, shall be
waived, released, and discharged unless the Contractor whose work is impeded or delayed thereby, shall
give notice in writing to the Board as promptly as possible and in sufficient time to permit the Board to
investigate and formulate appropriate instructions.
The neglect or refusal of a Contractor to comply with directions issued by the Owner pursuant to its
responsibility for supervision of the work shall constitute a failure to progress the work diligently in
accordance with Contract requirements and shall justify withholding payments otherwise due, or
termination of the Contract.
2013 Mowing Bid Packet CONTRACT GC- 8
The Contractor shall indemnify the Owner for damages recovered against the Owner by another
Contractor to the extent that any such claim or judgment is the proximate result of the Contractor's failure
to progress the work in accordance with Contract requirements.
4.5 CONTRACTOR'S SUPERVISION
The Contractor shall designate, in writing, a competent supervisor for the work to represent the
Contractor at the site at all times with authority to act for him and who can communicate effectively with
the Owner's representative. All directions given the Contractor's representative shall be as binding as if
given to the Contractor. The work maybe suspended by the Recreation Director in whole or in part, if the
Contractor has no such representative on site. The representative shall keep on site copies of the plans
and specifications and shall have full authority to supply material and labor as required.
Should the Recreation Director deem any employees of the Contractor incompetent or negligent, or
otherwise not qualified by reason of experience, or for any cause unfit for their duty, the Contractor shall
dismiss them and they shall not again be employed on the work.
4.6 PERMITS AND COMPLIANCE
The Contractor shall obtain, maintain and pay for all other permits and licenses legally required and shall
give all notices, pay all fees and comply with all laws, rules and regulations applicable to the work at no
additional cost to the Owner.
4.7 BOUNDARIES
The Contractor and all subcontractors shall confine their equipment, apparatus, and the storage of
materials and supplies of his workmen to limits indicated by law, ordinance, permits or directions of the
Recreation Director. The Contractor shall be responsible for setting all grades, elevations and horizontal
and vertical alignment required to layout all work called for on the plans and drawings.
4.8 REFUSE AND DEBRIS
The Contractor shall at all times keep the refuse and debris at the job site to a minimum, and at the
completion of the contract shall remove all debris, waste and rubbish, tools, equipment, surplus supplies
and materials, temporary structures, etc, and leave all areas "broom" or "rake" clean.
4.9 SUBCONTRACTORS AND SUPPLIERS
Before any part of the Contract shall be sublet or material purchased, the Contractor shall submit to the
Recreation Director in writing the name of each proposed subcontractor and supplier and obtain the
Recreation Director's written consent to such subcontractor and supplier. The names shall be submitted
in ample time to permit acceptance or rejection of each proposed subcontractor and supplier by the
Recreation Director without causing delay in the work of the Project.
The Contractor's use of subcontractors and suppliers shall not diminish the Contractor's obligations to
complete the work in accordance with the Contract. The Contractor shall control and coordinate the work
of his subcontractors.
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The Contractor shall be responsible for informing his subcontractors and suppliers of all the terms,
conditions and requirements of the contract documents.
In making payment to his subcontractors, the Contractor shall comply with the provisions of New York
State General Municipal Law § 106.b. Nothing contained in this Contract shall create any contractual
relationship between any subcontractor and the Owner.
4.10 CONTRACTOR'S WORK REQUIREMENTS
The Contractor shall do all the work and furnish at his own cost and expense, all labor, supervision,
machinery, equipment, facilities, tools, transportation, supplies, materials, insurance, permits, certificates,
tests, 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 workmanlike job, complete in every respect and detail, left ready and in perfect condition for the
Owner's use.
All work performed under this contract shall be according to the highest standards of the trades involved,
and shall conform to the requirements of any utilities, and any and all Federal, State and local laws, codes,
ordinances and statues as maybe in effect at the time of bidding.
This shall not be construed as relieving the Contractor from complying with any of the requirements of
the plans and specifications which maybe in excess of the requirements mentioned herein.
ARTICLE 5: CHANGE IN THE WORK
5.1 PROCEDURE
The Owner may make changes by altering, adding to or deducting from the work, and adjusting the
contract sum accordingly. All changed work shall be executed in conformity with the terms and
conditions of the contract documents unless otherwise provided in the change order. Any change in the
contract sum or time for completion shall be adjusted when issuing a change order.
No written or oral instructions shall be construed as directing a change in the work unless in the form of a
change order signed by the Owner and the Contractor. The change order shall describe or enumerate the
work to be performed and state the price to be added to or deducted from the contract sum. If the extent
or cost of the work is not determinable until after the change in the work is performed, the change order
shall specify the method for determining the cost and extent of the change in the work when completed.
If the Contractor disagrees with any element of the change order, he shall indicate his disagreement in
writing on the face of the change order and promptly proceed in accordance with the change order. If he
disputes any item of the change order, he shall comply with Article 4.3.
If the Contractor encounters a situation or work for which he believes he is entitled to a change order, he
shall give the Recreation Director or inspector notice by telephone or in person within one business day
and shall await instructions before proceeding.
If the Contractor is directed to perform work for which he believes he is entitled to a change order, he
shall give the Recreation Director prompt written notice and await instructions before proceeding to
execute such work. The Recreation Director may order the Contractor to execute the work as contract
work. If the Contractor disputes this decision, he shall give notice pursuant to the dispute provisions of
Article 4.3.
2013 Mowing Bid Packet CONTRACT GC- 10
5.2 PAYMENT FOR CHANGE ORDERS
The value of a change order shall be determined by one of the following methods.
(1) By lump sum or unit prices negotiated or established based on estimated cost plus fifteen
percent (15%) as compensation for all other items of profit and cost or expense, including
administration, overhead, superintendent, materials used in temporary structures and
allowances made by the Contractor to the subcontractors.
(2) If no unit prices are set forth and if the parties cannot agree upon a lump sum, then by the
actual and reasonable net cost in money to the Contractor of the materials and of the wages
of applied labor required for such extra work (including net premium for workers'
compensation insurance, contributions pursuant to the State Unemployment Insurance Law,
and withholding taxes pursuant to the Federal Social Security Act) ,plus fifteen percent
(15%) as compensation for all other items of profit and cost or expense, including
administration, overhead, superintendent, materials used in temporary structures and
allowances made by the Contractor to the subcontractors.
(3) By prices specifically named in the specifications or on the Bid Form.
(4) By estimate of the value as can be determined from the approved detailed estimate.
The Contractor shall, upon request, furnish satisfactory proof of all labor performed, materials furnished
and equipment used in the performance of extra work.
ARTICLE 6: TIME OF COMMENCEMENT, COMPLETION AND
TERMINATION FOR CAUSE
6.1 TIME OF COMMENCEMENT AND COMPLETION
(1) The Contractor must commence work after the date specified in the Notice to Proceed
signed by the Owner. The Contractor shall thereafter prosecute the work diligently, using
such means and methods of construction as will assure its full completion in accordance
with the requirements of the Contract Documents.
(2) The Contractor shall complete the work within the time allotted as stated in the Contract
Agreement. The Recreation Director shall be the sole judge as to whether the work
hereunder has been completed within the time stipulated.
6.2 TERMINATION FOR CAUSE
If in the judgment of the Owner, the Contractor fails or refuses to prosecute the work in accordance with
the Contract, or is failing to complete the work within the time provided by the Contract, the Owner may
terminate the Contract by written notice. In such event the Contractor shall discontinue all work,
2013 Mowing Bid Packet CONTRACT GC- 11
6.3 TERMINATION OF CONTRACTOR'S EMPLOYMENT FOR THE CONVENIENCE OF
THE OWNER
The Owner may terminate this Contract whenever in its judgment the public interest so requires by
delivering to the Contractor a notice of termination specifying the extent to which performance of work
under the Contract is terminated and the date upon which such termination becomes effective. Upon
receipt of the notice of termination, the Contractor shall act promptly to minimize the expenses resulting
from such termination. The Owner shall pay the Contractor the sum of:
(1) the costs actually incurred up to the effective date of such termination, plus
(2) the cost of settling and paying claims arising out of the termination of work under
subcontracts or orders exclusive of the amounts paid or payable on account of supplies or
materials delivered or services furnished by the subcontractor prior to the effective date of
the notice of termination of work under this Contract, which amounts shall be included in
the cost on account of which payment is made under (1) above.
(3) the rate of profit and overhead on (1) and (2) as prescribed by this Contract for change
orders, provided, however, that if it appears that the Contractor would have sustained a loss
on the entire Contract had it been competed, no profit shall be included or allowed under
this paragraph (3) and an appropriate adjustment shall be made reducing the amount of the
settlement to reflect the indicated rate of loss.
In no event shall the Contractor's compensation exceed the total Contract amount.
The detailed estimate or amount of progress payments made to the Contractor prior to the day termination
was effective shall not be conclusive evidence of costs incurred, but progress payments shall be offset
against any payment which the Owner makes to the Contractor as a result of such termination.
6.4 CONTRACTOR'S DEFAULT
The Contractor shall be declared in default if any of the following occur:
(1) if the Contractor fails to begin work when notified to do so by the Owner, or
(2) if the Contractor becomes insolvent, or
(3) if a petition of bankruptcy is filed by or against the Contractor, or
(4) if the work to be done under this contract shall be abandoned, or
(5) if this contract or any part thereof shall be subcontracted without the consent of the Owner
being first obtained in writing, or
(6) if this contract or any right, moneys or claim thereunder shall be assigned by the Contractor
otherwise than as herein specified, or
(7) if, at any time, the Recreation Director shall be of the opinion that the conditions herein
specified as to the rate of progress are not fulfilled, or
2013 Mowing Bid Packet CONTRACT GC- 12
(8) that the work or any part thereof is unnecessarily or unreasonably delayed, or
(9) that the Contractor is not or has not been executing the contract in good faith, or
(10) that the Contractor is violating any of the provisions of this contract;
The Owner, without prejudice to any other rights or remedy of said Owner, shall have the right to declare
the Contractor in default and so notify the Contractor by a written notice, setting forth the ground or
grounds upon which such default is declared and that the Contractor shall discontinue the work, either as
to a portion of the same or the whole thereof. Upon receipt of the notice, the Contractor shall
immediately discontinue all further operations on the work or such portion thereof, leaving untouched all
plant, materials, equipment, tools and supplies.
6.5 SUSPENSION OF WORK
The Recreation Director may order the Contractor, in writing, to suspend, delay, or interrupt performance
of all or any part of the work for a reasonable period of time as he, in his sole discretion, may determine.
The order shall contain the reason or reasons for issuance which may include but shall not be limited to
the following: latent field conditions, substantial program revisions, civil unrest, acts of God, failure to
have a supervisor on site.
Upon receipt of a suspension order, the Contractor shall, as soon as practicable, cease performance of the
work as ordered and take immediate affirmative measures to protect such work from loss or damage.
The Contractor specifically agrees that a suspension, interruption or delay of the performance of the work
pursuant to this article shall not increase the cost of performance of the work of this Contract.
A suspension order issued by the Recreation Director pursuant to this article shall have a duration not to
exceed thirty (30) calendar days. If the Contractor is not directed to resume performance of the work
affected by said suspension order prior to the expiration of thirty (30) calendar days, the Contract shall be
automatically terminated for the convenience of the Owner and the Contractor shall be reimbursed in
accordance with the payment schedule.
ARTICLE 7: INSPECTION AND ACCEPTANCE
7.1 INSPECTION
The Recreation Director or the Owner's representative will inspect and test the work at reasonable times
at the site, unless the Recreation Director determines to make an inspection or test at the place of
production, manufacture or shipment. Such inspection or test shall be conclusive as to whether the
material and workmanship inspected or tested conforms to the requirements of the Contract. Such
inspection or test shall not relieve the Contractor of responsibility for damages to or loss of the material
prior to acceptance or in any way affect the continuing rights of the Recreation Director to reject the
completed work.
7.2 CONTRACTOR'S OBLIGATION TO CORRECT DEFECTIVE WORK
The Contractor shall, without charge, promptly correct any work which the Recreation Director finds does
not conform to the contract documents, unless in the public interest the Owner consents to accept such
2013 Mowing Bid Packet CONTRACT GC- 13
work with an appropriate adjustment in the Contract sum. The Contractor shall promptly remove rejected
material from the premises.
If the Contractor does not promptly correct rejected work including the work of other Contractors
destroyed or damaged by removal, replacement, or correction, the Owner may:
(1) Correct such work and charge the cost thereof to the Contractor; or
(2) Terminate the Contract in accordance with the section on termination in the General
Conditions.
The Contractor shall furnish promptly and without additional charge all facilities, labor and material
reasonably needed to perform in a safe and convenient manner such inspections and tests as the
Recreation Director requires.
The Contractor shall promptly correct work rejected by the Recreation Director or failing to conform to
the requirements of the contract documents. The Contractor shall bear costs of correcting such rejected
work.
7.3 PROGRESS REPORTS
The Contractor shall keep the Recreation Director informed of the progress of his work and in particular
notify the Recreation Director in advance of deviation from the approved schedule.
7.4 INSPECTION PRIOR TO ACCEPTANCE
The Recreation Director shall inspect all work prior to acceptance. If such work is found to be defective
or nonconforming to the Contract Documents, the Contractor shall, on request, promptly furnish all
necessary facilities, labor and materials to properly complete the work.
No previous inspection or certificates of payment or final payment shall relieve the Contractor from the
obligation to perform the work in accordance with the Contract Documents. In the event that the
Contractor has in any way failed to comply with the Contract Documents, the final payment shall not act
to relieve the Contractor of his responsibility to comply with the Contract Documents.
ARTICLE 8: PAYMENTS
8.1 PAYMENT
For the Contractor's complete performance of the work, the Owner will pay, and the Contractor agrees to
accept, subject to the terms and conditions hereof, the payments at which this Contract was awarded, plus
the amount required to be paid for any extra work ordered by the Recreation Director under Article S, less
credit for any work omitted pursuant to Article 5.
8.2 MONTHLY PAYMENTS
(1) The Owner will make monthly payments on account of this Contract, on or after the
fifteenth (15th) of each following month following the submission of a properly executed
voucher.
2013 Mowing Bid Packet CONTRACT
GC- 14
(2) Payment requests shall be made on a form approved by the Recreation Director and shall be
submitted by the first business day of the month in which payment is scheduled to be made.
Payment requests shall be approved, changed or rejected by the Recreation Director at least
three (3) days prior to the date upon which payment is scheduled to be made.
(3) When submitting payment requests, Contractor shall certify with each request, that all
subcontractors, suppliers and laborers have been paid in full up to the date of the request.
No payments will be made by the Owner without this certification. Delays in payment due
to disagreement between the Recreation Director and Contractor about a quantity shall be
borne by the Contractor. It is also the burden of the Contractor to obtain agreement from
the Recreation Director or to be satisfied with his estimate.
(5) All materials and work covered by progress payments shall become the property of the
Owner; however, such payments made to the Contractor shall not be construed as
acceptance by the Owner of any work or materials not in accordance with the Plans and
Specifications.
8.3 FINAL PAYMENT
(1) 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 Recreation Director will cause a final inspection to be made for approval of all
the work done under this contract. If upon such inspection the Recreation Director
determines that no further work is to be done, the Owner will issue a Certificate of
Completion to the Contractor for the work done under this contract.
(2) As a condition precedent to receiving final payment therefore, the Contractor shall submit
verified statements similar to those required under paragraph 8.2.4.
(3) The Contractor shall also, prior to the request for final payment, supply to the Owner,
affidavits and certificates of payment for labor, material and equipment (where applicable).
(4) 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. 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 maybe found necessary to bring the
total payments into agreement with the contract price.
8.4 ACCEPTANCE OF FINAL PAYMENT
(1) 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
contract or the performance bond.
2013 Mowing Bid Packet CONTRACT
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(2) The Contractor will also, prior to request for final payment, supply to the Owner, affidavits
and certificates of payment for labor, material and equipment (where applicable).
8.5 CONTRACT QUANTITIES
The quantities actually required to complete the contract work maybe less or more than estimated, and, if
so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. For unit
price contracts, a change order maybe prepared to bring the actual and estimated quantities and values
into agreement.
8.7 REMEDY DEFECTS
The Contractor shall remedy all defects as determined by the Recreation Director during the final
inspection of all work prior to the receipt of final payment.
8.8 NO ESTOPPEL
The Owner or any department, officer, agent, or employee thereof, shall not be bound, precluded, or
estopped by any acceptance, return certificate or payment made or given under or in connection with this
Contract by the Owner, at any time, either before or after final completion and acceptance of the work and
payment therefor:
(1) showing the true and correct classification amount, quality or character of the work done
and materials furnished by the Contractor or any other person under this agreement, or from
showing at any time that any such acceptance, return certificate or payment is untrue,
incorrect, or improperly made in any particular, or that the work or any part thereof does not
in fact conform to the requirements of the contract documents, or
(2) from demanding and recovering from the Contractor any overpayment made to him or such
damages as it may sustain by reason of his failure to comply with the requirements of the
contract documents, or
(3) both 1 and 2 above.
ARTICLE 9: BONDS AND INSURANCE
9.1 INSURANCE
Simultaneously with the execution of the contract, the Contractor shall provide at his own cost and
expense, proof of the following insurance to the Owner, in the form of a Certificate of Insurance: (Note:
The insurance policy shall name as the insured the Contractor and the Town).
1. Claims under Worker's Compensation, disability benefits and other similar employee
benefit acts;
2. Claims for damages because of bodily injury, occupational sickness or disease, or death
of his employees;
3. Claims for damages insured by usual personal injury liability coverage which are
sustained (1) by any person as a result of an offense directly or indirectly related to the
employment of such person by the Contractor, or (2) by any other person.
CONTRACT
2013 Mowing Bid Packet
GC- l6
Nance with the Compensation
Statutory Workers' Compensation coverage, in comp
4.
Law of the State of New York. ense, during the contract time,
5, The Contractor shall procure and maintain, at his own exp
liability insurance as hereinafter specified:
Automobile Liability -Every Contractor shall take out and maintain
1.
during the life of this contract Automobile Liabilimits of not less thaneCUrrence basis covering a
owned, non-owned, and hired vehicles with$ 500,000 each person
Bodily Injury 1,000,000 each occurrence
Damage $ 100,000 each occurrence
Property
Statutory Benefits
No Fault Benefits .
General Liability -Every Contractor shall take o ehens eaGeneral nng
2' grantee eriod, such Comp
the life of this contract, which includes the gu rotect him from claims for damages for Bodily
Liability insurance, on an occurrence basis, to p
Injury and for Property Damage with limits not less than:
$1,000,000 each occurrence
Bodily 1,000,000 aggregate
Property Damage 200,000 each occurrence
500,000 aggregate
Catastrophe Excess Liability ° tain restricpons or exclusionsaof coveragels required under
requirements, provided they do not con
these specifications.
3, Contractors' Protective Liability -The Gunerana P operty Damag wl h e
written to include Contractors' Protective Liability for Bodily Inj ry
limits not less than those specified above to proioecston the project against claims arising from the
operations of any subcontractors which he emp y
4, Contractual Liability -The above policies for General Damagelfor 1 mits
shall be written to include Contractual Liability and Bodily Injury and Property
not less than those specified above, insuring the provisions in the contract for indemnification of
the Town.
5, All risk builders risk insurance coverage for loss or damage to property
for buildings and structures owned by the Board, which are under construction, renovation,
remodeling or maintenance under this contract. The Owner must be listed as additional
named insured. (Not required).
(. Liability insurance for blastin ectmThe Owner must be listedeasand scope
of the blasting which will be conducted on the proj
additional named insured. (Not required)
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2013 Mowing Bid Packet CONTRACT ~_ 1 g
Nothing herein contained shall, however, be deemed to preclude or render inoperative the service of any
notice, direction or other communication upon the Contractor personally, or, if the Contractor be a
corporation, upon any officer or director thereof.
10.3 LABOR STANDARDS
The Contractor and its subcontractors shall comply with all local, State and federal rules, including, but
not limited to the Occupational Safety and Health Act of 1970, the Contract Work Hours and Safety
Standards Act, and the New York State Labor Law with respect to hours of work, posting of notices,
deductions in wages, and apprenticeship training programs.
The Commissioner of the Department of Labor has determined that this contract is not subiect to
prevailing wage under Articles S or 9 of the Labor Law. In the event that a future determination is
rendered. the Contractor may be subiect to prevailing wage laws.
The Contractor shall indemnify and save harmless the Town from any claim alleging a violation of the
labor laws of the State of New York, including but not limited to the Contractor's obligation to pay
prevailing wage.
The Contract shall make provision for disability benefits, workers compensation, unemployment
insurance and social security, as required by law.
10.4 RECORD-KEEPING REQUIREMENT
The Contractor shall establish and maintain complete and accurate books, records, payroll records,
documents, accounts and other evidence directly pertinent to performance under this contract for a period
of six (6) years following final payment or the termination of this contract, whichever is,later, and any
extensions thereto. The Recreation Director or any other person or entity authorized to conduct an
examination, as well as the agency or agencies involved in this contract, shall have access to such books,
records, documents, accounts and other evidential material during the contract term, extensions thereof
and said six (6) year period thereafter for the purposes of inspection, auditing and copying. "Termination
of this contract", as used in this clause, shall mean the later of completion of the work of the contract or
the end date of the term stated in the contract.
10.5 NON-ASSIGNMENT CLAUSE
This contract may not be assigned by the Contractor or its right, title or interest therein assigned,
transferred, conveyed, subcontracted or otherwise disposed of without the previous consent, in writing, of
the Owner and any attempts to assign the contract without the Owner's written consent are null and void.
The Contractor may assign its rights to receive payment with the Owner's prior written consent.
10.6 NON-COLLUSIVE BIDDING REQUIREMENTS
Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without
collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor
submitted its bid, an authorized and responsible person executed and delivered to the Owner a
Certification ofNon-Collusion by Bidders on Contractor's behalf.
2013 Mowing Bid Packet CONTRACT GC- 19
10.7 WAGE AND HOURS PROVISIONS
Neither Contractor's employees nor the employees of its subcontractors may be required or permitted to
work more than the number of hours or days, except as otherwise provided in the Labor Law.
10.8 WORKERS' COMPENSATION BENEFITS.
This Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage
during the life of this contract for the benefit of such employees as are required to be covered by the
provisions of the Workers' Compensation Law. The Contractor agrees to defend, indemnify and hold
harmless the Owner for any actions arising from injuries to the Contractor's employees, even if caused in
whole or in part by Owner's negligence.
10.9 NONDISCRIMINATION REQUIREMENTS
The Contractor shall not discriminate against any employee or applicant for employment because of race,
creed, color, sex or national origin. The Contractor shall take affirmative action to insure that all
employees are employed, and that employees are treated equally during employment, without regard to
their race, creed, color, sex or national origin.
10.10 ARCHAEOLOGICAL SALVAGE
Whenever during the course of construction, historical objects are encountered; such objects shall not be
moved or destroyed. Work shall be stopped and re-scheduled to avoid disturbing such areas and the
Recreation Director shall be notified immediately. The Town will then contact Louise Basa, Technical
Services, and New York State Department of Environmental Conservation at 518-457-3811, who will
issue instructional procedures which will govern continuation of work in the affected area.
2013 Mowing Bid Packet CONTRACT GC- 20
ARTICLE 11: TECHNICAL SPECIFICATIONS -MOWING & CLEARING OF TOWN PARKS
11.1. LOCATIONS: Work under this contract will be performed in the following locations in the Town
of Wappinger.
Park Name Location Park Acres Mowed Acres
Air ort Park Route 376 10 7
Card Road Card Rd. & S. Fowlerhouse 0.29 0.25
Carnwath Wheeler Hill Road 99 5
Castle Point Castle Point Road 40 9
Chelsea Boat Ramp End of Chelsea Road by
Yacht Club 0.1 Trash Pickup
Onl
Fleetwood Fleetwood Drive 4 0.1
Martz P e Lane & Montfort Road 12 4.5
uiet Acres Helen Drive 12.5 4.5
Reese Park Creek Road 40 0.25
Robinson Lane Robinson Lane 50 10
Rockin ham Re enc Drive 11.49 9
Schlathaus Park Myers Corners Road & All
An els Hill Road 4.82 2.5
S ook Hill S ook Hill Road 3.4 1.5
Ye Olde A le Orchard All An els off Kent 5.4 2.5
TOTAL: 293 56.1
The Contractor shall execute the entire work described as follows:
11.2 GENERAL
The contractor will mow and trim the above list of parks commencing on or before April 1 and
continuing through November 30. The contractor will perform his services Monday-Friday,
weather permitting. The contractor will not begin work until 7:00 am or fmish after 4:00 pm and
will not work on any property Saturdays or Sundays unless authorized by the Town of
Wappinger. The Recreation Director will perform a site visit to the property after all work is
performed in order to ensure the work is being properly performed as outlined in this contract.
11.3 SPRING AND FALL CLEANUP
The contractor will remove all leaves and debris. This will be inclusive of and until the end of
Fall and all leaves have fallen. The leaves maybe disposed of at the town recycling facility.
11.4 LANDSCAPING (MOWING AND TRIMMING)
All areas to be mowed and trimmed at least once per week or as needed throughout the season
with the exception of severe drought conditions or excessive precipitation, at which time mowing
and trimming will only be differed by agreement with the Recreation Director. Lawns must be
mowed in a direction so as to avoid damage to cars and buildings. Grass is to be maintained to
2.0 inches, The contractor cannot allow grass to be higher than 2.5 inches unless so directed by
the Recreation Director. All areas will require catching if heavy grass clipping accumulation
occurs. All areas that cannot be mowed (fence lines, around park equipment, under bleachers,
2013 Mowing Bid Packet CONTRACT
cc- zi
etc.) must be kept trimmed. All grounds will be cleared of leaves, limbs, trash and any other
debris. Debris must be removed from the facilities and not dumped in or around any wetlands.
11.5 TRASH REMOVAL
Weekly, trash receptacles at each park will be emptied and litter will be picked up in each park,
whether they are mowed or not. Trash will be disposed of at the Town Recycling Facility on Old
Post. All fees for trash disposal will be paid by the Town.
2013 Mowing Bid Packet ADDENDUM NO. 1 November 9, 2012
ADDENDUM #1
ISSUED November 9, 2012
CONTRACT/BID/SPECIFICATIONS
MOWING OF TOWN PARKS
FOR THE
TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NEW YORK
To All Contractors:
Contractors submitting proposals for the above named project shall take note of the following
changes, additions, deletions, clarifications, etc., in the Contract Documents, which shall become
apart of and have precedence over anything contrarily shown or described in the Original
Contract Documents dated November 7, 2012, and all such changes, additions, deletions,
clarifications, etc. shall be taken into consideration and be included in the contractor's bid
proposal.
Section 11.1 of the Original ContractBid/Specifications for Mowing of Town Parks issued on
November 7, 2012 is hereby amended by changing the mowed acres for Robinson Lane from 10
to 25 acres and the Total Mowed Acres is changed from 56.1 acres to 71.1 acres.
Section 11.1 is ameeded to read as follows:
ARTICLE 11: TECHNICAL SPECIFICATIONS -MOWING & CLEARING OF TOWN PARKS
11.1. LOCATIONS: Work under this contract will be performed in the following locations in the Town
of Wappinger.
Park Name Location Park Acres Mowed Acres
Air ort Park Route 376 10 7
Card Road Card Rd. & S. Fowlerhouse 0.29 0.25
Carnwath Wheeler Hill Road 99 5
Castle Point Castle Point Road 40 9
Chelsea Boat Ramp End of Chelsea Road by
Yacht Club 0.1 Trash Pickup
Onl
Fleetwood Fleetwood Drive 4 0.1
Martz P e Lane & Montfort Road 12 4.5
uiet Acres Helen Drive 12.5 4.5
Reese Park Creek Road 40 0.25
Robinson Lane Robinson Lane 50 25
Rockin ham Re enc Drive 11.49 9
2013 Mowing Bid Packet ADDENDUM NO.1 November 9, 2012
Schlathaus Park Myers Corners Road & All
An els Hill Road 4.82 2.5
S ook Hill S ook Hill Road 3.4 1.5
Ye Olde A le Orchard All An els off Kent 5.4 2.5
TOTAL: 293 71.1
The approximate areas to be mowed are shown generally on the attached maps.
The Town reserves the right to relocate the mowed areas provided that no additional cost is
incurred by the Contractor.