Gedney playground specification

Days: _______________________
Approximate number of calendar days required to install the equipment once it has been delivered to the site.
Days: ___________________________
Approximate date to begin the installation.
Date: ____________________________
ITEM # 6

Playground Safety Surfacing

Engineered Wood
BIDDER will furnish the structure and install safety surfacing
BID AMOUNT $ ______________________________________________________________
BID AMOUNT: _______________________________________________________________

(Written in Words)

Manufacturer: _____________________________________________________________________________
Approximate number of calendar days required to deliver and install the structure after bid award.
Days: _______________________
ITEM # 6A

Poured in Place Rubber

BID AMOUNT $ ______________________________________________________________

(Poured in Place Rubber)

BID AMOUNT: _______________________________________________________________

(Written in Words)

Manufacturer:________________________________________________________________
Approximate number of calendar days required to deliver and install the structure after bid award.
Days: _______________________

REPRESENTATION OF BIDDERS
The undersigned as Bidder hereby declares and warrants:
A. That he is financially solvent and that he is experienced and competent to perform the type of work or to furnish the plant, materials supplies or equipment, to be so performed or furnished by him; and
B. That he is familiar with all federal, state, municipal, town and department laws, ordinances and regulations which may in any way affect the work of those employed therein, including, but not limited to any special acts relating to the work or to the project of which it is a part; and
C. That he has carefully examined the specifications, general conditions and the site of the work, and that from his own investigations, he has satisfied himself as to the nature and location of the work, the character of equipment and other facilities needed for the performance of the work, the general and local conditions, and all other materials which may in any way affect the work or its performance; and
D. That he is not disqualified from bidding on this contract by reason of the provisions set forth in Chapter 605, Laws of 1959 (Section 103-A, General Municipal Law of the State of New York) which are outlined in the General Conditions of the Bid Documents; and
If this bid shall be accepted by the Town of New Castle, and the undersigned bidder shall fail to contract as aforesaid within ten (10) days from the date of the award of the contract, then the bidder acknowledges that he shall have abandoned the contract, and the bid security shall be forfeited to, and become the property of the Town of New Castle.
1. 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:
a. 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; and
b. 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
c. 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.

This proposal is made by:

NAME: __________________________________________________
ADDRESS: __________________________________________________
__________________________________________________
STATE OF ______________________)

)SS.:

COUNTY OF ______________________)
____________________________________, being duly sworn, says that the several matters above stated are in all respects true.
Subscribed and sworn to

before me this day

of ,2016.
___________________________

RESOLUTION OF AUTHORIZATION IF BIDDER IS A CORPORATION:

RESOLVED that _____________________________________ be authorized to sign and submit the bid or proposal of this corporation for this project, and to include in such bid or proposal the certificate as to non-collusion as the act and deed of such corporation, and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by ________________________________ at a meeting of its Board of Directors held on
the _______ day of ______________________, 20___.
SEAL OF CORPORATION
_____________________________

Secretary

NON-COLLUSIVE BIDDING CERTIFICATION
As Required By
SECTION 103-D of the GENERAL MUNICIPAL LAW

Every bid hereafter made to the municipality or any public department, agency or official thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; Non-Collusive bidding certification.

A. 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 his 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 a competitor; and
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.

The following is contained in Section 103-D of the General Municipal Law:

B. A bid shall not be considered for award nor shall any award be made where A. 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 therefore. Where A. 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 publications 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 A. 1.

Any bid hereafter made to the political subdivision, 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 or regulation, and which 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 certification as to non-collusion as the act and deed of the corporation.

STATE OF ____________________)

)SS.:

COUNTY OF____________________)

_______________________________, being duly sworn, says that the several matters above stated are in all respects true.

______________________________

NAME
______________________________

TITLE

Subscribed and sworn to

Before me this day

Of , 2016.

_______________________

Notary Public


CONTRACTOR'S REFERENCE LIST

List at least three (3) in each category. Telephone numbers and addresses must be included.

Name Address Telephone
Client _____________________________________________________________

or _____________________________________________________________

Owner _____________________________________________________________

_____________________________________________________________

Engineer _____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

Bank _____________________________________________________________

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

Material _____________________________________________________________

Supplier _____________________________________________________________

_____________________________________________________________

_____________________________________________________________

CONTRACTOR'S CURRENT JOB COMMITMENTS

List current job commitments - including owner or engineer's telephone number:

Project-name/location Owner Engineer Bid Amount % Complete
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

TOWN OF NEW CASTLE

TOWN HALL

CHAPPAQUA, NY 10514
Gedney Playground – Town of New Castle

FORM OF CONTRACT
This agreement, made this ________________day of______________, 20____, by and

between the Town of New Castle, 200 South Greeley Avenue, Chappaqua, New York, 10514, acting by and through the Town Board under the laws of the State of New York, hereinafter called the Owner, and,

NAME__________________________________________________________________________
ADDRESS_______________________________________________________________________
hereinafter called the Contractor.
WITNESSETH: That the Town of New Castle and the Contractor, for the considerations hereinafter named, agree as follows:
1. Scope of Work - The Contractor shall furnish all of the equipment, labor and materials and perform all of the work as described in the specifications for “Gedney Playground – TOWN OF NEW CASTLE" the Town's Recreation Department, all in accordance with the terms of the Contract Documents.
2. Payments - The Town of New Castle shall make partial payments on account of the contract, if applicable, in accordance with the provisions of the Contract Documents.

IN WITNESS WHEREOF the respective parties hereto have hereunto set their hands and seals the day and year first written above.

TOWN OF NEW CASTLE
BY:________________________
___________________________

Signed, Sealed, and Delivered (SEAL)

in the presence of:
_____________________________ CONTRACTOR
BY:________________________
___________________________

(Address)

Signed, Sealed, and Delivered

in the presence of:
_____________________________
_____________________________ Approved by the Attorney for the

Town of New Castle

_______________________________


ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION
STATE OF )

SS:

COUNTY OF )
On this ____________________ day of _________________, 20____, before me personally appear _________________________________, to me known, who being by me duly sworn, did depose and say that he resides in _____________________________________________________;

that he is the____________________________________________________ of the_________________________________________, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of the said corporation and that he signed his name to the said instrument by like order.

_______________________________

(SEAL)

ACKNOWLEDGEMENT OF CONTRACTOR, IF A PARTNERSHIP
STATE OF )

SS:

COUNTY OF )
On this ___________________________ day of __________________, 20___, before me personally came ____________________________, a member of the firm of _______________________________________, to me known and known to me to be the individual described in and who executed the foregoing instrument , and he duly acknowledged to me that he executed the same as and for the act and deed of the said firm.

_______________________________

(SEAL)


ACKNOWLEDGEMENT OF CONTRACTOR, IF AN INDIVIDUAL
STATE OF )

SS:

COUNTY OF )
On this ___________________________ day of __________________, 20_____

before me personally came ___________________________,

to me known and known to me to be the same person described in and who executed the foregoing instrument, and ____________________

acknowledged to me that ___________________________ executed the same.

_________________________________

(SEAL)
ACKNOWLEDGEMENT OF TOWN

STATE OF )

SS:

COUNTY OF )
On this _________________________day of ____________________, 20______

before me personally came ______________________to me known, to being by me duly sworn, did depose and say that he is ______________________________ which executed the above instrument; that he knows the seal of the said _____________________; that is was affixed by virtue of the authority vested in him by law, and he signed his name thereto by like authority.

(SEAL) __________________________
Notary Public


CERTIFICATE OF OWNER’S ATTORNEY

I, the undersigned ___________________, the duly authorized and acting legal representative of and counsel to the Town of New Castle, do hereby certify as follows:

I have examined the foregoing Contract and Performance Bond and Labor and Material Bond and the manner of the execution thereof; insurance policies, the General Terms, and Conditions of the Contract Documents and I am of the opinion that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof.
____________________________

Town Counsel

DATE:________________, 20____

BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or

legal title of Contractor) ________________________________________________

___________________________________________________________________________

as Principal, hereinafter called the Principal, and (Here insert full name

and address or legal title of Surety)______________________________________
a corporation duly organized under the laws of the State of________________
as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)________________ ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

as Obligee, hereinafter called the Obligee, in the sum of _________________

_________________________________________________Dollars ($_____________) for the payment of which sum well and truly to be made, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project)________________________________________ ___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for prompt payment of labor and material furnished in the prosecution therefore, or in the event of the failure of the principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this ______________ day of _________________, 20___.
(__________________________(SEAL)

( (Principal)

______________________________(

(Witness) (__________________________(SEAL)

( (Title)
(__________________________(SEAL)

( (Surety)

______________________________(

(Witness) (__________________________(SEAL)

( (Title
PERFORMANCE BOND
TOWN OF NEW CASTLE, NY

CONTRACT NO.__________

KNOW ALL MEN BY THESE PRESENTS: That _____________________ as Principal, hereinafter called Contractor, and ________________ as surety, hereinafter called Surety, are held and firmly bound unto the _________________________, as Obligee, hereinafter called the Owner, in the amount of ________________________ Dollars (________), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has written agreement dated ________________ entered into a contract with the Owner of_______________________ ____________________________ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever Contractor shall be, and declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations there under, the Surety may promptly remedy the default, or shall promptly:
1.Complete the Contract in accordance with its terms and conditions, or
2.Obtain a bid or bids for submission to Owner for completion of the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract any amendments thereto, less the amount previously paid by Owner to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or to the heirs, executors, administrators or successors of Owner.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to the specifications.

Signed and sealed this ________________day of _____________________, 20_____.

IN THE PRESENCE OF:
(SEAL) By: _______________________

Principal

_____________________________

(SEAL)
(Attorney) Approved by the Attorney for the Town of New Castle

By:_____________________________________

LABOR AND MATERIAL PAYMENT BOND

LABOR AND MATERIAL PAYMENT BOND #_______________
KNOW ALL MEN BY THESE PRESENTS: That _____________________________

___________________________________ as principal, thereinafter called Principal, and ______________________________ as Surety, hereinafter called Surety, are held and firmly bound unto _________ ___________________________________________________________________

as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein called Owner, for the use and benefit of claimants as herein below defined in the amount of _______________________________________ DOLLARS ($______________)

for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has by written agreement dated _______________

entered into a contract with the Owner for ______________________

_________________________________________________________________

which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor, material, and services used or reasonably required for use in the performances of the Contract then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal, with a subcontractor to the Principal or with a supplier to the principal or subcontractor for labor, material, or both, used or reasonably required for use in the performance of the Contract. Labor and material being construed to include but not limited to services, such as that part of water, gas, power, light, heat, oil, gasoline, telephone service, insurance premiums, professional assistance, or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit.


Labor and Material Payment Bond (continued)

3. No suit or action shall be commenced hereunder by any claimant,

a. Unless claimant shall have given written notice to any of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located save that such service need not be made by a public officer.
b. After the expiration of one (1) year following the date on which Principal ceased work on said contract.
c. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project or any part thereof, is situated, and not elsewhere.

4. 
   The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed or recorded against said improvement whether or not claim for the amount of such lien be presented under and against this bond.
   

Signed and sealed this _______________ day of ________________A.D., 20______.

IN THE PRESENCE OF:

________________________________(Seal)

(Principal)
________________________________(Seal)

(Surety)

Approved by the Attorney for the

Town of New Castle

___________________________________

(Attorney)