Gedney playground specification

TOWN OF NEW CASTLE

WESTCHESTER COUNTY

NEW YORK

GEDNEY PLAYGROUND

SPECIFICATION


Town Supervisor: Superintendent of Recreation

Robert Greenstein Robert O. Snyder

Town Administrator: Town Clerk:

Jill Simon Shapiro Mary Deems

Bid Opening

April 7, 2016

GEDNEY PLAYGROUND BID DOCUMENTS


TABLE OF CONTENTS

DESCRIPTION PAGE
Information for Bidders . . . . . . . . . . . . . . . . . 4-11
Specifications . . . . . . . . . . . . . . . . . . . . . 12-18
Bid Form . . . . . . . . . . . . . . . . . . . . . . . 19-22
Representation of Bidders . . . . . . . . . . . . . . . . 23-24

Non-Collusive Bidding Certification . . . . . . . . . . . 25-26

Contractor’s Reference List . . . . . . . . . . . . . . . 27

Contractor’s Current Job Commitments. . . . . . . . . . . 27

Form of Contract. . . . . . . . . . . . . . . . . . . . . 28-30
Bid Bond. . . . . . . . . . . . . . . . . . . . . . . . . 31
Performance Bond. . . . . . . . . . . . . . . . . . . . . 32-33
Labor and Material Payment Bond . . . . . . . . . . . . . 34-35
Hold Harmless Statement . . . . . . . . . . . . . . . . . 36
General Conditions. . . . . . . . . . . . . . . . . . . . 37-46
Special Conditions. . . . . . . . . . . . . . . . . . . . 47

NOTE: All pages marked with an asterisk (*) and in bold print above are forms that must be filled out and must be submitted to constitute a bona-fide bid.

TOWN OF NEW CASTLE
ADVERTISEMENT AND NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed bids will be received by the Town Clerk of the Town of New Castle on behalf of the Department of Recreation until 11:0 am at the Town Hall, 200 South Greeley Avenue, Chappaqua, NY 10514 for the proposed Gedney Playground Bid on April 7, 2016. The envelope containing the bid must be sealed, addressed to the Town Clerk at the above address and shall be designated as “Gedney Playground”.

Copies of the Contract Documents are on file and may be obtained at the office of the Town Clerk, 200 South Greeley Avenue, Chappaqua, New York, 10514 Additionally, copies of the Contract Documents are available electronically on our website: www.mynewcastle.org under the helpful link tab (then click the bids and RFP tab)

Each Bidder must furnish, with his bid, Bid Security in the amount of (10%) percent of the total amount of the bid. This security may be in the form of a certified check payable to the “Town of New Castle”, a bid bond or cash. The Bidder to whom the contract is awarded will be required to furnish 100% Performance and Labor and Material Payment Bonds from an acceptable surety company in the total amount of the contract in the form specified in the Information and Instruction to Bidders, the Specifications and Bid Forms and/or the General Conditions (the “Bid Documents”). Please note that a Maintenance Bond in the amount of ten (10%) percent of the total amount of the bid also will be required.
The Town reserves the right to waive what it deems to be bidding or specification informalities relating to a specific bid; to waive what it deems to be technical defects, irregularities and omissions relating to a specific bid; to request additional information from any bidder; to reject any and all bids for any reason or no reason at all; to re-advertise and invite new bids; or to accept the whole or part of a bid as the Town deems to be in the best interest of the Town.

Non-collusive bidding certifications must be attached to all bids.

BY ORDER OF THE TOWN BOARD

OF THE TOWN OF NEW CASTLE

INFORMATION AND INSTRUCTIONS TO BIDDERS

The booklet entitled “Project Manual”, which will contain the Bid, product information and all required drawings, plans and other pertinent information shall be delivered in a sealed envelope bearing the title of the work and the name of the Bidder, all in accordance with the “Advertisement & Notice to Bidders”.

BIDS:

The bids must be made on the prescribed forms attached hereto. All blank spaces in said bids must be filled in.

Any bid which fails to name a price written both in words and figures may be held to be informal and may be rejected. In case of any discrepancy between the price in words and that in figures, the price in words will determine.
Proposals that contain any omissions, may be considered incomplete, and may be rejected as non-responsive. Proposals that contain alterations, additions or extraneous information may be considered to have irregularities and rejected.
QUALIFICATIONS OF BIDDERS:

The Town of New Castle (also referred to herein as “Owner”) may make such investigation as it deems necessary to determine the responsibility of the bidder. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of such bidder establishes that the bidder is not qualified to carry out the obligations of the contract and to complete the work contemplated therein, or is otherwise not a responsible bidder.

EXAMINATION OF SITE:

Each bidder shall acquaint himself fully with conditions, difficulties and restrictions attending the execution of the work under this contract. The failure or omission of any bidder to acquaint himself with conditions shall in no way relieve the bidder from any obligation with respect to his bid or the resulting contract. The submission of a bid shall be taken as conclusive evidence of compliance with this section.

INTERPRETATION AND AGENDA:

The bidder shall, prior to the submission of his proposal, call to the attention of the Superintendent of Recreation, any conflicts, errors, omissions or items doubtful as to extend or meaning and the Superintendent will issue formal clarification of same to each bidder.

SUITS AND CLAIMS FOR DAMAGES:

The selected bidder shall defend and save harmless the Owner against all suits and/or claims for damages, royalties and other claims in relation to patents, materials, tools and appliances, structures and methods of construction involved in any way in the work performed under the resulting contract.

DELIVERY SCHEDULE:

The attention of all bidders is called to the fact that the speedy delivery and installation of the equipment specified called for in the bid documents is of the greatest importance. The Vendor shall state in their bid the number of calendar days required to deliver the structure to the site, in addition to the number of days for installation computing from the date of the acceptance of the bid by the Town Board.

SALES AND USE TAXES:

Owner is exempt from all State Sales and Use Taxes. Said taxes shall not be included in the Contract price.

VERBAL STATEMENTS NOT BINDING
The written terms and provisions of these Bid Documents supersede all prior verbal statements of the Superintendent of Recreation or other representative of the Owner, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any way whatsoever, the terms and conditions of the Bid Documents.
INTERPRETATION OF DOCUMENTS
If any person who contemplates submitting a bid for the proposed contract is in doubt as to the meaning of any part of the Bid Documents, he may submit to the Superintendent of Recreation a written request for an interpretation thereof not less than ten (10) days prior to the day of opening bids. Interpretation of the proposed documents will be made only by addenda issued before bidding, and a copy of such addenda will be mailed or delivered to each person known to have acquired a set of Bid Documents.
ADDENDA
Any addenda details, or supplemental drawings issued during the preparation of bids shall be taken into account in the submitted bid and attached thereto, and shall become part of the Bid Documents. The attention of prospective subcontractors must be called to these changes as well as to the effect addenda may have on their work.
BIDS RECEIVED
The Town Clerk of the Town of New Castle will receive bids on the form enclosed herewith; all blanks shall be appropriately filled in with ink. Bid sheets shall not be removed from these Bid Documents and submitted separately. The envelopes containing the bids must be sealed, addressed to the Town Clerk, Town of New Castle, Town Hall, 200 South Greeley Avenue, Chappaqua, NY 10514, and shall be labeled as “Gedney Playground”. The bidder shall sign his bid, and if he is bidding as an individual, he shall add his business address and place of residence. In the case of a partnership, the names and residence of each partner shall be inserted. In case a bid shall be submitted by or on behalf of a corporation, the corporate name and address of the bidder shall be followed by the signature of the authorized corporate officer and his corporate office shall be set forth.

BID SECURITY
With his bid each bidder shall deliver a bid security as stated in “Advertisement and Notice to Bidders”. Said cash or certified check or Bid Bond will be considered as a guarantee that the bidder will enter into the proposed contract if awarded to him and he will forfeit the same if he fails to execute said contract and provide the required bonds within ten (10) days after being notified to do so.
The General Conditions of the this bid require the contractor to furnish an acceptable Performance and Payment Bond before commencing work under the resulting contract. If the successful bidder shall fail or neglect to sign and execute said contract and bond within ten (10) calendar days after notice that the contract has been awarded him, such failure or neglect will be deemed by the Owner to be abandonment of the contract by the bidder, upon declaration of abandonment of the Contract by the Bidder, security accompanying the bid shall be claimed and retained by the Owner for its own account. The Owner shall have the authority to award the contract to another bidder or re-advertise for new bids. Nothing stated heretofore shall prevent the Owner from making a legal claim for liquidated damages against the bidder equal to the differential between the bid security claimed and received and the actual costs incurred by reason of the bidder’s abandonment. The bid securities will be returned to all except the three lowest formal bidders within three (3) days after the opening of bids, and the remaining securities will be returned to the three lowest bidders within forty-eight hours after the Owner and the accepted bidder have executed the Contract, or if no contract has been so executed within forty-five (45) days after the date of the opening of bids upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid.


PROPOSAL
Every bid must be in writing and signed by the bidder and must be accompanied by either cash or certified check or Bid Bond in the amount specified, payable to the Town Clerk of the Town of New Castle.
This is to be a Lump Sum Bid Proposal to cover all the work called for in the Bid Documents. The price bid shall include the cost of all labor, material, transportation, equipment, tools, appliances, royalties, license work. Minor details not usually shown or specified, but necessary for proper work shall be included in work as if specified or indicated.
No bids will be accepted after the time set for opening bids.


WITHDRAWAL OF BIDS
No bid will be allowed to be withdrawn for any reason whatsoever for a period of forty-five (45) days after the opening of bids. No bid will be allowed to be withdrawn for any reason whatsoever by the bidder who has been notified that he has been awarded the Contract.
AWARD OF CONTRACT
The Town of New Castle reserves the right to consider bids for a period of forty-five (45) days from the date of the opening of the bids.
REJECTION OF BIDS
The Owner reserves the right to reject any or all bids and to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the proposed contract and to complete the work contemplated therein, or is otherwise not a responsible bidder. Any bid which is not accompanied by a bid deposit as prescribed herein or is on a form which is not completely fill in or which is incomplete, conditional or obscure or which contains any addition not called for shall be deemed non-responsive; and the Town shall have the authority to reject every such bid.
EXECUTION OF CONTRACT:
The successful bidder will be required to furnish the necessary insurance and bonds (performance bond and payment bond) and to execute the contract in the form attached hereto within ten (10) days of the notice of award. In the case of failure or refusal by the successful bidder to do so, the amount of the deposit (bid bond), shall be forfeited to the Town of New Castle as liquidated damages.

PERFORMANCE AND PAYMENT BONDS
Simultaneously with his delivery of the executed Contract, the successful bidder must deliver to the Owner executed bonds in the amount of 100% of the accepted bid as security for the faithful performance of the awarded Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, prepared in satisfactory form and having as surety thereon such surety company or companies as are acceptable and approved by the Owner, and as are authorized to transact business in this state.
If the issuer of the bonds or other security furnished to the Town hereunder becomes insolvent or, for any reason, disaffirms the validity of such security, the contractor shall notify the Town immediately and replace the invalid security with a new bond or other security acceptable to the Town within ten (10) days thereafter.
The cost of furnishing the above Performance Bond and Payment Bond shall be borne by the contractor; there will be no direct payment for this work. Such cost will be deemed to have been included in the price bid for all scheduled items.


INSURANCE:
The contractor who is awarded the contract is required to carry during the continuance of this contract the following minimum insurance:

MINIMUM INSURANCE REQUIRED BY THE TOWN OF

NEW CASTLE FROM CONTRACTORS
Prior to commencement of any work under the resulting contract through final acceptance of the work, the Contractor/Provider shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the Owner certificates of insurance evidencing same and reflecting the effective date of such coverage as follows:
The term “Contractor” as used in this section shall mean the successful bidder and include Subcontractors of every tier.
1) Worker's Compensation and Employers Liability Policy, covering operations in New York State, at the statutorily prescribed amounts.
2) Commercial General Liability Policy, with limits of no less than $1,000,000 Each Occurrence/$2,000,000 Aggregate limits for Bodily Injury and Property Damage, and shall exclude overage for:
A. Products/Completed Operations;

B. Independent Contractors;

C. Town of New Castle and their assigns, officers, employees, representatives and agents should be name as an “Additional Insured” on the policy by endorsement without limiting language and the Certificate of Insurance should show this applies to the General Liability coverage of the certificate;

D. Each insurance policy shall be written on a primary and

non-contributing coverage basis, including any self-insured retentions.

E. To the extent permitted by New York law, the Contractor/Provider waives all rights of subrogation or similar rights against Town of New Castle, assigns, officers, employees, representatives and agents.

F. General Aggregate shall apply separately to each project (must be on an occurrence form).

7. 
   Cross Liability coverage (Commercial General Liability and Business
   Automobile Liability policies only).
   

3) Comprehensive Automobile Policy, with limits no less than $1,000,000 Bodily Injury and Injury and Property Damage liability including coverage for owned, non-owned, and hired private passenger and commercial vehicles.

4) Umbrella Liability, with limits no less than $5,000,000, including coverage for General, Automobile and Professional Liability (if applicable).
5) Owners & Contractors Protective Liability Policy, with limits no less than $1,000,000 shall be taken out and maintained during the life of this contract which will protect the Town of New Castle from claims for damages for personal injury, liability, accidental or wrongful death, as well as property damage which may arise from operations under this contract whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either party.


6. Certificates shall provide that thirty (30) days written notice, by registered mail with return receipt requested, prior to cancellation or expiration be given to the Town of New Castle. Policies that lapse and/or expire during term of work shall be recertified and received by the Town of New Castle no less than thirty (30) days prior to expiration or cancellation.
The Contractor shall furnish to Town of New Castle Certificates of Insurance as evidence of coverage prior to commencement of work which name the Town of New Castle as an Additional Insured by endorsement without limiting language and acceptable to the Town.
The cost of furnishing the above insurance shall be borne by the Contractor, and there will be no direct payment for this work. Cost will be deemed to have been included in the price bid for all scheduled items.
All carriers listed in the certificates of insurance shall be A.M. Best Rated A VII or better and be licensed in the State of New York.