The URL can be used to link to this page

BidsSTENGER, ROBERTS, DAMS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 KENNETH M. STENGER WAPPINGERS FALLS, NEW YORK 12590 ALBERT P. ROBERTS THOMAS R. DAVIS (845) 298-2000 STEPHEN E. DIAMOND**** FAX (845) 298-2842 JOAN F. GARRETT** www.vsrp.com e-mail: info(crvsrp.com KEVIN T. McDERMOTT ANGEL L FALCON JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN MARINA O'NEILL MELISSA A. MANNA-WILLIAMS December 10, 2012 Hand Delivered Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Christine Fulton, Town Clerk Re: Bid Packets for Town Mowing Services Dear Christine: OF COUNSEL: KAREN MacMSH PARALEGALS: SANDRA OAKLEY DAWN M. PAINO CLOSING COORDINATOR: MARIA L. JONES ""ALSO ADMITTED JN CT ""'ALSO ADMITTED IN NJ ""•"ALSO ADMITTED IN FL & MA I am enclosing herewith the bid packets received in connection with the notice of bid for mowing of lawns, debris removal and trash removal for the Town of Wappinger Parks. In the event the Town Board adopts the Resolution rejecting the bids then the bid bonds can be returned to all of the bidders. Very truly yours, STENGER, ROBERTS, DAMS & DIAMOND, LLP ALBER P.ROBERTS APR/dap cc: Town Board O:\Wappinger\Town Boazd\Mowing Contract\12-10-2012 Letter to C. Fulton re Bid Results.doc 2013 Mowing Bid Packet Bid Form II BID FORM TO: The Town Board of the Town of Wappinger. NOV 13 2012 TOWN 0~ WAPPING ER . TOW_ N CLER_~ In compliance with your Notice to Contractors, published"fheSouthern Dutchess News and the Poughkeepsie Journal dated November 7, 2012, the undersigned proposes and agrees as follows: 1) To furnish 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: DATE S G RE ADDEND UM NO. ~~-~~ "~ 002 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 ©RR. ~b1,u~n~ ~' V ~ ~"1'~1~'`'}-E1~taUSQMd $iX~IU/Kdned ~ ~ 88 la BD . UO (in writing) ` ~ ~ 1\ans , (and figures) Dated: November l a- , 2012 SIGN BID HERE Authorized Signature (Sign Here) Print Name /"/C Si~/E'/t/T Title Legal Company Name L Ct, w t) ~ ~ nq ~ ~ n G. Address ~ ~ ©~~" ~ ~ ~a $ City, State, Zip /-{Uq~~So~~~`~~~, I`1Y Ias37 Telephone No. Sys -a 9 7 - 5a 9 (o Federall.D. # l'~- - ~ 8 ~-~ 9 O ~ G°~LC~G~~[~© NOV 1 3 2012 TOWN O~ WAp~RK ER TOV1l N .CL ... _..__._.._.._. 2013 Mowing Bid Packet Non-Collusion Form IV CERTIFICATION OFNON-COLE USION BY BIDDER ~IOV}32012 TOWN a~ W,gpPI~NK ER ~4W N _~LE .___ __.~._._. 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 103-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: ~c~.wn ~G'n4o ~n~' 7O f3arr~ :Z~4~h ba u .r 7'•0 ~ fox ~a8 I-TUgUiSOY1Uf~ ~~ei IV.Y. IaS3'7 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 parry 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. ~au,r, IC,'~c~ , 1nc., ~"uGllnsOV1U ~ ~le~ ley i~S3 ? G°~CC[~~~./I~D NOV 1 3 2012 TOWN O~ WAPPINGER TOWN CLERK 2013 Mowing Bid Packet BID BOND V BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that * ~. a_c.v ~~ k+' n 9 , ~ ~~ c. • ~ pct rrN ~ el.~ v~ as Principal; and ncc ~~ ** 0. Cer~-i~ie~ C.~~e~ as Surety, are hereby held BB- 1 and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of• ~h~ -ELU~.~~! ~~G~. ~~i ~t ~oUS cxM d Si X -~ Dollars (~ ~gg,(Qoo. oo ~ 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 / ~ t-fti WHEREAS, day of /~i o v~e. vn b e_r 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 .__-- ~~~~~MC D NOV 1 3 2012 TOWN O~ W~pPZNGER TOV'+~ N__ CLERK.._.__ i ~;c-~r f~ II\U/I~IU) 2013 Mowing Bid Packet BID BOND 1 BB- 2 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 affixed and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) SAWN ~~~~~~c. PRINCIPAL ~N/iy ~EIJN/~AUE~ --~ By. ~_ (Corporate Seal of Surety Co.) fficer's/Partner's/Individual's) signature .~~R~1i~~"~/N/3fl ~E~2 (Officer's/Partner's/Individual's) name printed .~~ Wig /~zr~ ~ .- ~' ~.~~, (Corporation/Partnership/Individual) name printed STATE of f"~ 1 `~``~ ) COUNTY of ~ y~`e~S ) ss: -t-L, N 0 v-~ b-cat-- ~ ~- On this ~ ~ day of before me personally came ~ ~(2.Y ~~ N QG~ 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 ecuted the sa ee.~~ ~.~,(~, ;: , p~~S10,~ -•"~i No Pu i , County ~' - ~°`,~ ~~%':~' JULY N`; 4u3IIL . ~ ~ r, W f ~ ~ ~~ ~: , r` V No. o ~ 1 I (fr.~ ~ Term Expires ~ I b (l ~P ~, , ~c±h•r N'~~`•C~ ' . ,~ ~ Sy~OV ,~~~ 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 Bid_ Forir- 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 furnish 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: DATE SIGN: ADDENDUMNO. 1 09 Nov 2012 [~CC~C p~IC© NOV 1 3 2012 TOWN OE WAPPINGER TOWN CLERK 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 offccial 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. ~~~P,h~~~S ~~~5, N~ ~L~~~~ G~[~~L~M[~D NOV 1 3 2~2 TOWN OF WAPPINGER TOW~J CLERK 2013 Mowing Bid Packet Non-Collusion Form G°~C~C~LO~C~D NOV 1 3 2012 IV CERTIFICATION OF NON-COLLUSIONBYBIDDER TOWN OF WAPPINGER TOWN CLERK 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 f ve 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 103-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: J ~mtS -~- ~3~.~'Sle_y ~~~_ Ne~..~ ~ n k~ reenScc~ s~n~ - 13 ~ K E Ez ~~ M ~`~~ l~c~cxc~. L~--~r~ q~: s I-a l ~S ~/ l 2..5 S c~ By submission of this bias each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each parry 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 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 On ~- , Q~ ~`~l-r, -Q,a hf ~~artsa~, $ r 5~ nao . ~=7 (in writing (and figures) Dated: November ~.3 , 2012 SIGN BID HERE Authorized Signature ~ (Sign Here) `.Janes .~r3u.s l~~ ~-. Print Name 7~lPS~~ C~ C' ,7 ~~ Title Legal Company Name ~ N ~~ ~~~ I ~ ~d ~v-ee `~ -S' -CCc l.X,- 1_r~`1 ~ Address 131 ~ ~C~°'1~l^r~~~c-.~'~ -~OG1C'{ - City, State, Zip ~()-/,~~1~Q~lS ~ ~ S ~ ~ lZSS~ Telephone No. ~~s -aGk- ~~+ a trll 9/~-y~-g-1~~57 Federal LD. # ~ "} ' I ~ ~ C"~ ~ C~ ~ __--- (~ ~~~~a~ l~ 1~, NOV 13 2012 TOWN ~~ WAPPI K `~ TOWN CLER_ ._......_..- 2013 Mowing Bid Packet BID BOND V BID BOND FORM BB- 1 K1VOW ALL PERSONS BY THESE PRESENTS: that * ~~,-,~~ s T l~c ~ ~ ~~ .~ ~Tr N e . ~ ~n ~ la~~ ~-2 en Sc ~~ Qs ~"r, ~ , as Principal; and ** ~A..',es J ~ ~s Ic.y zlr . ~ e:~ rng 14~ Gr-~ ~,'lS ccr~l ~nC _ as Surety, are hereby held and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of ~~on-~-~~Sanc~ flint h~~~'p~~ 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 13 '=~' day of 1~OV orr, b~ f 201_. WHEREAS, 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 ~~~a~Q G3C~ NOV 13 2012 TOwN ~~ wp,PPINGER TAW N C~ERK._..._~ 2013 Mowing Bid Packet BID BOND BB- 2 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 affixed and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) PRINCIPAL 9~Jec.J ~/1C,'Cl~l~' (j7'Qe~']SCCk/J~r _Ln c , By: (Corporate Seal of Surety Co.) ( ce ' ner's/Individual's) signature ~OmPS ~ 13G.'S IE~ fir. (Officer's/Partner's/Individual's) name printed printed (CorporationlPartnership/Individual) name STATE of /VC~/' ~uZ ~- ) COUNTY of ~u~.L3t S ) ss: On this /3~'~` day of , 2001 . before me personally came G. 1 to me known and known tome to be the person described in and who executed the fore oing instrument, and he/she duly acknowledged that he/ecuted tl~~me. No a~bl~c, ~ ~ ' County No. al 0 P l0 t 7 30~I~ Term Expires Vincent J. Oppedisano Notary Public, State of New No. 01 OP6173064 Qualified in Dutchess C ~ Commis$i~~' ExPires~ o ~~~~~~ ~ G3 NOV 13 2012 O~NN o~ wp,PpINGER T ~.~.-~~K - -_ TO~I ~ _-- D ~ -`. 2013 Mowing Bid Packet Bid Form ~~~~u iJ ~~ NOV 1 3 2~i2 II BID FORM TOWN O~ WA~AINGER TO: The Town Board of the Town of Wappinger. ~TQw~ C~~~K 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 furnish 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/herselfrelatfve 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. D~A~T~E, SIGNATURE b'h=Q~ 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 1, Ci' 'i'~J'J can ~ ~iv ~vw~irLG) ~ ~ ~(]o (in ng) (and figures) do,lK's Dated: November ~ oZ , 2012 SIGN BID HERE d P~"' ~a''°d~"`-- Authorized Signature (Sign Here) D .y l a e /`i~ v a c10 Prtnt Name ~~~~'~' Title Legal Company Name tJ r O f h c rs L ~t n d Sc a~ Address ~ Le^~ N G °`~'~" City, State, Zip inl., Q p ~ ., ye rs ~g I l,s JV. Y. l 2 ,f "' 9 0 ----~-. Telephone No. g'-~s- 632 - 13°S Federal I.D. # '~ S - 2 ~ g a 3 9.3 ~~(~~c~v~DD NOV 13 2~`.2 TOWN 0~ WA~PF`~~ ER TOVV N C -~ _ _ __. - 2013 Mowing Bid Packet BID BOND BB- 2 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 affixed and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) PRINCIPAL By: (Corporate Seal of Surety Co.) (Officer's/Partner's/Individual's) signature (Officer's/Partner's/Individual's) name printed printed (Corporation/Partnership/Individual) name 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 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, 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. day of *Insert Bidder's Name * *Insert Surety's Name G edar ed ARBORISTS & LANDSCAPERS, INC. November 13, 2012 Ms. Barbara Gutzler Town Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Dear Barbara, Thank you for the opportunity to submit our bid proposal for landscape maintenance/mowing of the Town Parks of Wappingers. Along with the completed bid form document and certified bank check of S% of our bid; I have also enclosed the following documents for your review pertaining our qualification as the contractor of choice for the Town of Wappingers: 1) Red Cedar Qualification & Safety Control ; 2) List of Services ; 3) Sample Certificate of Insurance ; 4) Maintenance Reference List ; 5)Large Project Reference List with dollar values. 1 hope you find our presentation to be precise, professional and highly qualified. We look to forward to the possibility of working with you and the Town of Wappingers. Sincerely, Mark Sanfilippo Chief Oper Red Cedar 28 Bill Florton Way (Wappingers Falls, NY 12590 I Px. 845.297.4247 I Fx. 845.297.4928 WWW.REDCEDARINC.COM ' Packet Bid Form ~~ ~' ~~~ D 2013 Mowing Bid NOV 13 20',2 II BID FORM TOWN O~ WAPPRK ER TO: The Town Board of the Town of Wappinger. -~-OW N ~LE q._._-__ --___ ,-~ _ ~,__P_ 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 furnish 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: DATE SIGNATURE ADDENDUM NO. 1 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.• ,. ~,, 09. (in writing (a d figures) Dated: November ~2 , . SIGN BID HERE Authorized Signature Legal Company Name ~~~ ~ ~ ~'~"`~ ~~sc'p'` `~ ~~ G ' Address ~ ~ ~ ~ ~-'L' `SIG ~'~'-4 ~L ~~ Ciry, State, Zip ~~{~i~ ~~~.~ ~l.~~...,5 , Telephone No. 8~S ~Z~~'' ~Z~ Federal I.D. # l ~ " ~~°~1 `"~~ ~ y ~ f~n,.l L i~~s.TZ K. SI~---~ ~~t~C~>P1ZZ I~l C . C ~ r~ ____ _._ . _.. _v--- NOV 1 3 Z~',2 TOWN O~ WAPPINGER TOWN_CLER~K____ _~_._ Print Name G.E. c7. Title 2013 Mowing Bid Packet Non-Collusion Form G~C~C~COM~ a NOV 1 3 2012 IV CERTIFICATION OF NON-COLLUSIONBYBIDDER TOWN O,c WAPPINGER ~ ~ T(~UVIV CLE~6~ __ ._ The undersigned represents that pursuant to Sections I03-a and I03-b of tie 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 I03-a and I03-b of the said General Municipal Law of the State of New Yorl~ 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, a such authorization shall be deemed to include the signing and submission of the bid and the incl on therein of the certificate as to non- collusion as the act and deed of the corporation. ,,~. NOV 13 2012 TOWN ~~ wgpPINGER -~-~~ NY ~LE~~ ____. 2013 Mowing Bid Packet BID BOND BB- 2 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 affixed and these presents to be signed by their proper officers, the day and year first set forth above. (Seal of Principal if a Corporation) ~u0 Scoq~ZS . ~ ~ . CIPAL By: t (Corporate Seal of Surety Co.) signature ~~P~ K 5/~t ~=-l 1.1 t~l~~- (Officer' 's) name printed G1~ - ~~ ~~, 6 ~~c~ printed (Corporation) )name STATE of ~lc~ y 6(~L ) COUNTY of ~L f C,1PSS ) ss: On this /3-~ day of /l~~ y~/YIYJe( , 20%oZ 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. otary Public, County No. d P ~ l ~~~ Term Expires ~• ~~ ~~~~~ V NOV 1 3 2012 TOV`f J 0~ WAPPIR-rER ~~OV~1RI ~:.i ~~:~~C ~.+ 1I1TELL0 ~Y N~o.101fy181A ~NewYUrk Quplilfed in Dutchess T~rtrt ~xeires .u,ne 16.201 ARBORISTS & LANDSCAPERS, INC. Contractor ualifications Safety & Control Company History: Red Cedar has been providing horticultural services since 1984. Red Cedar maintains long-term relationships with its clients by offering the highest quality services in landscape management and tree care services at competitive rates. Our services include landscape maintenance, landscape design and installation, irrigation and arborist services, forest management, sports turf care and snow removal. Red Cedar's experienced, local team ensures that your assets are more than simply maintained -they are enhanced to achieve maximum appeal. Whatever landscape challenges or opportunities you might have, Red Cedar's friendly, well-trained and professional staff will partner with you to accomplish your goals. Red Cedar takes a unique approach to every project and our clients profit from a proven and systematic method that generates tangible results. (,duality Control Program & Operating Philosophy: The following summarizes Red Cedar's ability to provide quality control and how we make certain that customers receive the highest quality products, communication and service: Ouality People: The quality of our labor force has the greatest impact on the quality of our work and the cost of maintaining a site. Red Cedar takes great pride in our work force. We emphasis on training, motivating and retention. Our employees take pride in providing quality service to their customers. Quality Philosophy: Quality begins by doing the job right the first time. From that point, work production will be manageable and cost effective to maintain and improve. Simply stated, quality work will cost less when performed properly. We provide consistent customer satisfaction by integrating a quality mind-set into every aspect of our business. From hiring quality people to selecting only quality materials and equipment, and employing best in class practices to ensure the highest standard of service. Ouality Control Process: Red Cedar instills a passion for quality in every member of our team, and we make it easy for them to provide this quality with systems and processes to support them at every level. The key elements of our quality control process are: Pride in Ownership: Our leadership team sets the tone for quality by maintaining a regular schedule of site walk-through meetings. Our field supervisors use standardized check sheets and site reports to ensure proactive maintenance and communication with their clients. Our field force takes pride in ownership of each job and is continuously trained to focus on the details that make a job site loom manicured and well maintained. • Estimating Processes: Our estimating and planning allows us to deliver consistent, cost-effective service. Our production processes enable us to better anticipate seasonal staffing requirements, site needs, and environmental concerns. Part of this integrated job management system is production result analysis, which enables us to measure the results of our performance and plan accordingly for the future. • Proactive Communication: Through our weekly and monthly, and site walk-throughs, our Site Supervisors and Operations Managers walk the entire site to identify any areas of concern, and to evaluate the overall appearance of the site. During this walk- through they fill out a site evaluation and completed operations form, which they present and review with the client site representative. We also encourage periodic site walk-through meetings with senior management to discuss the long-term vision for the site and to ensure we are operating in integrity with the overall goals of our client's organization. Quality Materials: We continue to partner with vendors who understand our mission and share our dedication to quality and continuous improvement. Our growers use the most up to date varieties and growing techniques to produce the healthy and most attractive planting materials. Our field production team members approve the material before they are accepted, rejecting any flawed or inferior stock. Quality Equipment: Our equipment vendors recognize our need to provide cost efficient service and while providing reliable equipment. We have a rigorous equipment maintenance schedule to ensure that equipment never becomes an issue in providing consistent quality results. Best in Class Practices: Red Cedar takes a much focused approach to landscape production and solutions. This allows us to be efficient and cost effective. Our estimating systems, communication and production processes create an efficient, proactive and continuous improvement system. We utilize best practices among our crews, constantly re-fining our processes to ensure we are using the best known methods to produce quality results on every j ob site. Refined Management Information Systems and Production Planning Processes - The use of an integrated job management system allows our staff to accurately estimate new work, estimate staffing levels on a week to week basis and project material and equipment needs. This production planning results in our site supervisors ability to proactively plan and deliver services in a timely and quality manner. TRAINING PROGRAM As a full service landscape contracting and tree care company, we seek to have a safe, knowledgeable, efficient and service-oriented team. Red Cedar has accomplished this through an on-going training and education program. In addition to our in-house training, Red Cedar has developed a partnership with Landscape Training Solutions to provide our company with additional expert training programs. Landscape Training Solutions President Ellen Elly, has provided training to the top organizations in the industry as well as many of the Fortune 500 companies. Our training and education is organized around a basic curriculum which we have outlined with a brief overview of each program. Red Cedar spends an average per employee of $3,750 per year training management staff and about $825 per year on field personnel. This commitment to developing our human resources and our ability to retain our employees has a cumulative effect with our overall company growth. Safety and the Right to Know -This in-house program which has been developed around several training videos and weekly "Tailgate Talks", provides the basic safety principles which we strictly enforce and is the foundation for the ongoing safety training and awareness that everyone participates in. Standard Production Methods -This program also is taught by our in-house training staff and teaches our team members the best known methods of executing the fundamental landscape operations. Horticultural Training -These three programs are taught by our in-house horticulture staff and certified arborists. The classes start with basic horticultural training such as proper pruning techniques and plant identification and then expand to over integrated pest management and the diagnosis and treatment of unusual and complex problems which occur in the landscape. Production Planning -This training teaches our production teams how to plan and schedule production operations on a daily, weekly and monthly schedule. Contractual obligations are reviewed each month and scheduled appropriately. Equipment Operation, Safety and Maintenance -This in-house program provides detailed training and hands on instruction in the operation, safety and maintenance of all standard landscape equipment. Safety issues are also detailed in English and Spanish. In addition, all supervisors hold weekly tail-gate talks highlighting pertinent equipment operation, safety and maintenance issues. Crew Mana eg ment -This in-house program provides all supervisors education on how to organize the efforts of crews for the highest quality, most efficient use of time. Motivation, team work and respect are essential topics discussed in this program. Equipment Maintenance -This in-house program focuses on preventative maintenance practices that allow our equipment to be available at all times. The Seven Habits of Highly Effective People -Covey Institute -This program, based on the best selling book, gives our team members the foundation for personal improvement. This program not only applies to them professionally, but personally as well. First Aid and CPR Training -This program is taught by a registered first aid nurse from an area hospital. This program allows our production staff to be approved in CPR and first aid. This course is then given as a refresher course to all production supervisors. EMPLOYEE SUITABILITY & HIRING PRACTICES Em~loyment Screening: As part of our hiring practices, we utilize the services of "Choice Point" for screening of possible new hire candidates. This process reduces our risk and exposure to candidates who may not be suitable for employment. Choice Point's products and services help automate this process and speed the hiring process ensuring a candidate meets our company's employment standards. Employment Hiring: Our interview process can involve multiple candidate interviews with our team leaders and team members. Based on level of employment opportunity, our requirements involve a minimum of a 2 year college degree and/or equivalent work experience. At higher levels of senior management, we may require a 4 year degree as well as managerial related work experience. Uniform Policy: Red Cedar will always be in full uniform -company shirt, pants, belt, hat and work boots. This not only presents a professional look to our team, it also brings positive comments from on site security and employees who can instantly recognize our team members. Emergency Response and Communication Network: Our emergency response begins with the designated Operations Manager of the account. All situations can be escalated up through the C.O.O. and to the C.E.O. of the company. Our Operations Managers have resources within our team to handle equipment issues, tree care issues, irrigation issues as well as any landscape maintenance issues. Beyond our team, we have resources with various vendors who have committed to partnering with Red Cedar in order to have a seamless plan of action when called upon. Red Cedar has a 24 hour emergency contact number which is forwarded to the senior management team. From there, an appropriate plan of action will be formulated and executed. Our communication network involves all management and supervisors to be outfitted with cell phones. Each team leader can be contacted 24 hours a day. Adminstrative Support: All administrative support will be handled by our Office Administrators, Cathy Hughes and Barbara Pignatello. Our Operations Managers, who will be over seeing the accounts, will set up scheduled weekly meetings with the designated Facility Manager. These meetings will be set forth at the on-set of the contract and maintained for the life of the contract. Any billing discrepancies and/or administrative issues will be directed to our administrative staff by our Operations Manager and rectified in a prompt and professional manner. Contact Information: • Head uq arters • Red Cedar Landscaper's, Inc. 28 Bill Horton Way Wappingers Falls, NY 12590 • Office (845)-297-4247 • Emergency Contact Number (845-297-4247 ext13) ' .! Transition Plan Red Cedar's transition process is a documented action plan that involves both senior and site management by the client and Red Cedar. This process starts out with the overall vision and goals of the partnership. Implementation plans with specific details and schedules are developed. Timely meetings to review progress are scheduled for both individual sites and overall teams to ensure success. Job start-Up Needs Evaluation: • Initial job site walk-through is done prior to job start-up to determine specific site-related needs of the customer. Site- specific issues are discussed. A site walk-through is then performed asking more site-specific questions, which clarify the customer needs • Specific goals set for upcoming year • Daily, weekly, monthly communication process finalized Goals of Initial Site Meeting: • Clearly establish expectations using contract specifications and current knowledge of site management • Establish a weekly communication process (meetings, reports, etc.) • Present schedule of operations in Gantt format • Identify ALL special situations, issues, areas & processes • Clearly establish a base safety process and site specific processes • Document a process for out of scope work (P.O., sign-off, billing) • Share emergency call process • Set short-term improvement goals • Benchmark existing site status, conditions and opportunities for improvements e ear ARBORISTS 8 LANDSCAPERS,INC. List ofServices Landscape Services Commercial Landscape Maintenance Digital Imaging & Overhead Design Complete Landscape Installation New Site Work Tree & Shrub Planting Masonry Irrigation Grading /Drainage /Retaining Horticultwal Consulting Commercial Snow Removal General Tree Care Services (6) Certified Arborists on StafF Tree Takedown & Removal Bucket Aerial & Climbing Pruning Cabling & Bracing Wood & Stump Removal Plant Health Care Services Integrated Pest Management (IPM) Foliar Spray Applications Deep Root Feeding Air Spade Root Collar Excavation Disease & Insect Diagnosis Soil Tests RED CEDAR ARBORISTS & LANDSCAPING, INC. 28 BILL HORTON WAY WAPPINGERS FALLS NY 12590 845-297-4247 ~~ OP ID: 5S '`~~°RO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 10/10/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condkions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 845-338-6694 colvrncr -- NAME: Rose & Kiernan, Inc (Kingston) 845-338-0132 55 Alban Av PHONE FAX i E ~ A/C No y e. Kingston NY 12401 Al ADDRESS: , PRODUCER REDCE-1 T MER ID INSURERS AFFORDING COVERAGE NAIC q INSURED Red Cedar Landscapers Inc INSURERA:Continental Western Ins Co. 130 28 Bill Horton Way W i F ll NY 12 INSURERB:Acadia Insurance Company 197 ngers app a s, 590 INSURERC:Zurich American Insurance Co 379 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NuMBER~ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR R DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES CRIB D HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY P D C INSR TR TYPE OF INSURANCE U POLICY NUMBER POLICY EFF P XP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CPA0369974 01N 1 01/12 PREMISES Ea occurrence $ 300x00 CLAIMS-MADE ~ OCCUR MED EXP (Any one person) $ 15,000 Pesticide/Herb- CP 036997 01101111 01/01/12 PERSONAL & ADV INJURY $ 1,000,00 icide Endt Incl GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMB APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 00Q00 A X ANY AUTO CAA0369978 01/01/11 01/01/12 (Ea accident) ALL OWNED AUTO BODILY INJURY (Per person) $ SCHEDULED A TOS BODILY INJURY (Per accident) $ X U PROPERTY DAMAGE $ HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 C UA0369979 01101111 01101/12 DEDUCTIBLE $ X RETENTION 10 000 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY T ~RY LIMIT ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N OFFICERMtEMBER EXCLUDED? ~ N 1 A WCA0369980 04125/11 04/25112 E.L. EACH ACCIDENT $ 1,000,00 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Disability 1992782 04/25111 12131/29 A E 8 O CPA0369974 01101111 01/01/12 DESCRIPTION OF OPERATION^~ 1 LOCATIONS 1 VEHICLES (Attach AC RD 101, Addldonal Remarks Schedule, If more space Is required) All operations usual & Incidental to the business o~the named insured: landscapers & arborists CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE '"`SAMPLE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CERTIFICATE** ACCORDANCE WITH THE POLICY PROVISIONS. AUTHO RIZED REPRESENTATIVE r ~i~~ ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD e ear ARBORISTS & LANDSCAPERS,INC. Reference List West Point Military Academy Balfour Beatty Construction Contact: Dick Dorsch 914-244-5155 Sub-contractor $1,300,000 (3 yr project) Landscape Construction Woodland Hills HOA Woodcrest Drive Danbury, NY 10610 Contact: Sam Burd 203-482-8139 Contractor $1,000,000 (3 yr contract) Landscape Maintenace/Snow Bard College 30 Campus Rd. Annadale on Hudson, NY 12572 Contact: Robert Nilsson 845-242-1126 Subcontractor $410,000 Water Feature Friend Development James Friend Shelter Island, NY Contact: James freind 917-821-9566 Contractor $300,000 Landscape Construction RED CEDAR ARBORISTS & LANDSCAPING, INC. 28 BILL HORTON WAY WAPPINGERS FALLS NY 12590 845-297-4247 e ear ARBORISTS 8 LANDSCAPERS, INC. Reference List Balfour Beatty Communities/Construction West Point Military Academy New York /Connecticut /Rhode Island Senior Project Manager Contact: Dick Dorsch 845-674-688 Channaaua Crossing (Formerly Readers Digest World Head Quarters) Readers Digest Road Chappaqua, NY Summit Development Corp. Contact: Dave Walsh 914-244-5155 Vassar College 124 Raymond Avenue Poughkeepsie, NY Contact: Jeff Horst 845-437-5466 Iona College 715 North Ave. New Rochelle, NY 10801 Contact: Rich Murray 914-633-2013 Thomas Gleason, Inc. Poughkeepsie, NY 12601 Contact: Ed Lamondo 845-454-3731 Sun Un Enterprises. Inc. 1607 Rte. 376 Wappingers Falls, NY 12590 Contact: John Del Bene 845-462-1800 Thvland Associates 1 Summit Court Fishkill, NY 12524 Contact: Ray Kesler 845-897-4444 St. Francis Hospital 243 North Road Poughkeepsie, NY 12601 Contact: Petrina Schoonmaker 845-483-5505 Dutchess Wingate 3 Summit Court Fishkill, NY 12524 Contact: Curt Plattner (845) 896-1500 Woodland Hills Townhomes Woodcrest Drive Danbury, CT 10610 Westford Management Contact: Frank Anastasi 860-528-2885 Caswell Cove 600 Popes Road Milford, CT Contact: Dave Philips 203-438-1285 RED CEDAR ARBORISTS & LANDSCAPING, INC. 28 Bill Horton Way, Wappingers Falls, NY 12524 845-297-4247 2 C® (~ p C e g q `~ c e' ®/~ g~~ DATE (MMIDDIYYYY) •® ® CERTIFIC~4~'E ®1 LIMN" 1~ ~~VVI\/'11r~~ 11/13/2012 `~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-851-7740 NAME: Karen Morgan Account#182573 Florists' Mutual Insurance Company PHONE 800-851-7740 Ext: 1967 aC No: 866-819-9256 x Hort Ica E-MAIL 1 Horticultural Lane ADDRESS: kmorganQhortica-insurance.com Edwardsville, IL 62025 FLORISTS MITT INS CO 13978 Laurie L Palmer INSURERA: INSURED INSURER B Lehigh Lawn & Landscaping Inc INSURERC: 141 Daley Road INSURERD: INSURER E Poughkeepsie, NY 12603 INSURER F -- ----____ nwlclnal rJ11aaQCD• COVERAGES GtKnrtVAl~n~mocrc ~~-~-°-- -___-_-_______ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD C E THIS IS TO CERTIFY THAT THE POLICIES OF INSURAN ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, T THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, MS . EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI POLICY EFF POLICY EXP LIMIT S I~TRR TYPE OF INSURANCE POLICY NUMBER MM/DD MMIDD 04/21/13 000 000 1 TY BP11763 04/21/1 EACH OCCURRENCE , , $ A GEN ERAL LIABILI 1, 000, 000 g PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY ~ MED EXP (Any one person) $ 5, 000 OCCUR CLAIMS-MADE 000, 000 1 PERSONAL & ADV INJURY , $ 000 000 2 GENERAL AGGREGATE , , $ 000 000 2 PRODUCTS-COMP/OPAGG , . $ GEN'L AGGREGATE LIMIT APPLIES PER: $ PRO- POLICY LOC 08047 1 COMBINED SINGLE LIMIT 000 000 1 p LIABILITY FMA0 Ea accident , , + AUT OMOBILE BODILY INJURY (Per person) $ ANY AUTO ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE $ X NON-OWNED per accident X HIRED AUTOS AUTOS $ X EX09885 04/21/1 04/21/13 EACH OCCURRENCE $ 9,000,000 A UMBRELLALIAB OCCUR AGGREGATE $ 9, 000, 000 EXCESS LIAR CLAIMS-MADE DED X RETENTION$ 10, 000 WCSTATU- OTH- $ WORKERS COMPENSATION WCN30973 12/24/1 12/24/13 X A AND EMPLOYERS' LIABILITY Y 1 N E.L. EACH ACCIDENT $ 1, 000, 000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ^ N I A E.L. DISEASE - EA EMPLOYE $ 1, 000, 000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS below 04/21 1 04/21/13 Per Occurrence 1,000,000 A Pesticide/Herbicide BP11763 aggregate 2,000,000 Applicator Coverage DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of Insurance I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Wappingers THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Middlebush Road AUTHORIZED REPRESENTATIVE ~i%~ Wappingers Falls, NY 12590 USA ra ~eoo ~n~n nrnon 1't1RPARATIr]N_ All rinht5 reSerVed. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD jessicathompson 30256693 n CONTRACTBH)/SPECIFICATIONS MOWING OF TOWN PARKS FOR THE TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NEW YORK 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 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 I 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 Preparation 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 Security: 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 Oualified 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 Requirements 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 NOV 13 2012 II BID FORM TOWN 0~ WgpPINGER TO: The Town Board of the Town of Wappinger. -~"p~(nJ CLE___.__ K___,_ 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 furnish 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: DATE SIGNATU _ ADDENDUM NO. 1 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 w itin h ~ r~~{ ~ ~f~ ~ (and figures) Dated: November13 , 2012 SIGN BID HERE Authorized Signature (Sign Here) e h; ~-..- Print ame Title I t~ ~ ~ ~ ~ ~ Legal Company Name v Address l `-'1 ` ~ r~ ~ f 1 ~ Ciry, State, Zip ~ ~ `~ In ~L_'C~(T ~ ``~-~ ~~ ~-t~ ~-t to t.-~ ~ ~ ~ ~ ~ ~ 3 Telephone No. ' Federal LD. # 1 ~ ~ ~ ~ 7 3 ~ 3 G3~C~[~~~IC~D NOV 1 3 2012 TOWN OE WAPPINGER TOWN. CLER.~___._ 2013 Mowing Bid Packet Non-Collusion Form IV CERTIFICATION OFNON-COLLUSION BY BIDDER }, ~ i ' i~-~i~ ~` a~'101 ,F ~. ~,_~ The undersigned represents that pursuant to Sections 103-a and I03-b of the General Munical Ifaw 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 I03-a and 103-b of the said General Municipal Law of the State of New Yorl~ The names and addresses of all persons and parties interested in the foregoing bid are as follows: i c,! ~ ~'~ c,~ ~~ S ~ ~ ~ ^ ~ ~~ 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 V BID BOND FORM KNOW ALL PERSONS BY THESE PRESENTS: that as Principal; and ** as Surety, are hereby held BB- 1 I ~,w, ,n S -1- and firmly bound unto the Town Board, Town of Wappinger, New York in the amount of _ ~ ~ ~ u t a rJ ~ ~ tDollars ~'~ (~' ~a ~(~ (~ ~•~ Ct ru ~y~ --~ for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointl and severally, firmly by these pre~~se~~nt~~s. Signed this I ~ day of l7 y Z ~Y- ~"z01 y WHEREAS, 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 ~~C~C~OMC~D NOV 1 3 2012 TOWN Qr= WAPPINGER -----TO ~N CLER K 2013 Mowing Bid Packet BID BOND BB- 2 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 affixed and these presents to be signed by their proper officers, the day and year first set forth aboveL Seal o Princi al if a Corporation) ~a ( .f P PRINCIPAL (Corporate Seal of Surety Co.) signature (Officer's/Partner's/Individual's) name printed ~~~~~ ~~ ~ printed (tiJr ( ~ v{, ~, (CorporationlPartnership/Individual) name STATE of ~ ~ ~ ~ ~ ~` ) COUNTY of 'C1 ~~~~~ ) ss: On this r _ day of ~ tst..0-/t~ ~ , 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. r Notary Public, County No~w_. I /!~ 2 C)U3 ~ y _ Term Expires~~?~_ Carta Vibna Notary Public, State of New York No.OtV16200380 Qualified in Dutchess County Cor~uniseion Expi-es F6hruaryt E12, ~l.7j 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 CON_ TRACT 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. * Except 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 carved 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 final 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 maybe 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; c. 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 maybe 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 by law 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 fmal 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 may be 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 may be 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. 2013 Mowing Bid Packet CONTRACT GC- 9 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 may be 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 GC- 15 (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. 2013 Mowing Bid Packet CONTRACT GC- 16 4. Statutory Workers' Compensation coverage, in compliance with the Compensation Law of the State of New York. 5. The Contractor shall procure and maintain, at his own expense, during the contract time, liability insurance as hereinafter specified: 1. Automobile Liability -Every Contractor shall take out and maintain during the life of this contract Automobile Liability insurance on an occurrence basis covering all owned, non-owned, and hired vehicles with the limits of not less than: Bodily Injury $ 500,000 each person 1,000,000 each occurrence Property Damage $ 100,000 each occurrence No Fault Benefits Statutory Benefits 2. General Liability -Every Contractor shall take out and maintain during the life of this contract, which includes the guarantee period, such Comprehensive General Liability insurance, on an occurrence basis, to protect him from claims for damages for Bodily Injury and for Property Damage with limits not less than: Bodily $1,000,000 each occurrence 1,000,000 aggregate Property Damage 200,000 each occurrence 500,000 aggregate Catastrophe Excess Liability or Umbrella policies are acceptable in fulfilling the requirements, provided they do not contain restrictions or exclusions of coverage's required under these specifications. 3. Contractors' Protective Liability -The General Liability Policy should be written to include Contractors' Protective Liability for Bodily Injury and Property Damage with limits not less than those specified above to protect the Contractor against claims arising from the operations of any subcontractors which he employs on the project. 4. Contractual Liability -The above policies for General Liability insurance shall be written to include Contractual Liability and Bodily Injury and Property Damage for limits 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). 6. Liability insurance for blasting commensurate with the nature and scope of the blasting which will be conducted on the project. The Owner must be listed as additional named insured. (Not required) 2013 Mowing Bid Packet CONTRACT GC- 17 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 20 Middlebush Road Wappingers Falls, New York 12590 Upon receipt of such notice the Owner shall have the option to cancel the Agreement without further expense or liability to the Owner, or to require the Contractor to replace the cancelled 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 Board. Failure of the Contractor to take out or to maintain, or the taking out or maintenance of 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. All property losses shall be made payable to and adjusted with the Owner. 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 Owner. 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 maybe determined by the Owner. ARTICLE 10: MISCELLANEOUS PROVISIONS 10.1 COMPLIANCE_WITH CODES AND LAWS 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 statutes as may be in effect at the time of bid opening. 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. The organization or arrangement of the plans and specifications shall not operate to define or establish the work to be performed by any trade or subcontractor. 10.2 SERVICE OF NOTICES The Contractor hereby designated the business address specified in his bid as the place where all notices, directions or other communications to the Contractor may be delivered, or to which they may be mailed. Actual delivery of any such notice, direction or communication to the aforesaid place, or depositing it in a postpaid wrapper addressed thereto in any post-office box regularly maintained by the United States Postal Service, shall be conclusively deemed to be sufficient service thereof upon the Contractor as of the date of such delivery or deposit. Such address maybe changed at any time by an instrument in writing executed and acknowledged by the Contractor and delivered to and receipted for in writing by the Recreation Director. - 2013 Mowing Bid Packet CONTRACT GC- 18 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 8 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 maybe 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 finish 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 may be disposed of at the town recycling facility. 11.4 LANDSCAPING (MOWING AND TRIMMINGI 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, t • 2013 Mowing Bid Packet CONTRACT GC- 21 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/BH)/SPECIFICATIONS MOWING OF TOWN PARKS FOR THE TOWN OF WAPPINGER 20 MH)DLEBUSH 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 Contract/Bid/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 4,g2 2,g An els Hill Road S ook Hill S ook Hill Road 3.4 1.5 Ye Olde A le Orchard All An els off Kent g,4 2.g 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.