Gedney playground specification

HOLD HARMLESS STATEMENT
The Contractor (and all subcontractors) shall, during the performance of this work, take all necessary precautions and place proper safeguards for the prevention of accident, and shall indemnify and save harmless, the Town of New Castle, its elected and appointed officials, employees, officers, and agents, the Superintendent of Recreation from all claims, suits and actions and all damages and costs to which they may be put by reason of death or injury to all persons or property of another resulting from unskillfulness, willfulness, negligence or carelessness in the performance of the work, or in guarding and protecting the same, or from any improper methods, materials, implements or appliances used in its performance or construction, of Contractor and/or its employees, agents, officers, directors, shareholders, subcontractors, or other parties over which they have control or responsibility, except to the extent caused by any act or omission by the Town of New Castle, Superintendent of Recreation or any of their employees, officers, or agents.
BIDDER

Name

Address


/s/

signature, title and date

Printed name

Subscribed and sworn to before

me this day of _________, 20___

Notary Public

GENERAL CONDITIONS

1. 
   Definitions
   

Wherever in these Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:

1. 
   Owner – The Town of New Castle.
   

2. 
   Superintendent of Recreation – the Superintendent of Recreation duly appointed by the Town of New Castle for this work or his representative on the ground, acting within the scope of the particular duties entrusted to him.
   

3. 
   Contractor – The Bidder to whom contract is awarded by the Owner.
   

4. 
   Subcontractor – Any construction agency or supplier selected by the Contractor to handle any phase of the contract work.
   

5. 
   Surety – The corporate body licensed to do business in the State of New York which is bound with and for the Contractor, and which is primarily liable and responsible for the payment of all obligations pertaining to and for the acceptable performance of the work required by this contract.
   

6. 
   Laboratory – Any testing laboratory designated or approved by the Superintendent of Recreation and Parks to perform tests on materials entering the work.
   

7. 
   Specifications – The directions, provisions and requirements contained herein setting out or relating to the method and manner of performing the work or to the quantities and qualities of material and labor to be furnished under this contract.
   

8. 
   Contract Documents – The Bid Documents, the bid submitted by the Contractor and the contract by and between the Owner and the Contractor.
   

9. 
   Addendum – Information issued by the Superintendent in writing subsequent to the distribution of the Bid Documents and prior to the receipt of bids, to supplement or revise the Contract Documents.
   

2. 
   CONTRACTOR’S UNDERSTANDING:
   

It is understood and agreed that the contractor has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground and topography, soils, rock, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the character, quality and quantity of the materials to be encountered, and all other matters which can in any way affect the work under this contract.

3. 
   Interpretation of Specifications
   

The Contractor shall take no advantage of any error or omission in specifications furnished by the Owner or by himself. He shall check all specifications and shall promptly notify the Superintendent of Recreation of any errors, omissions, or discrepancies he may discover. The Superintendent of Recreation shall make the corrections and interpretations necessary for the fulfillment of the intent of the documents and his decision shall be final. Should the Contractor proceed with the work in uncertainty before receiving approval of corrections or interpretations, any work done before he authorized by the Superintendent of Recreation to proceed shall be at the Contractor’s risk and responsibility.

4. 
   Contractor’s Auto Liability and Property Damage Insurance:
   

The bidder 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 this Contract and under this Contract and final acceptance of the work, the Contractor shall, at its sole expense, maintain the following insurance on its own behalf, and furnish to the Owner certificated of insurance evidencing same and reflecting the effective date of such coverage as follows:
The term “Contractor” as used in this agreement shall mean and include Subcontractors of every tier.
1) Worker's Compensation and Employers Liability Policy, covering operations in New York State.
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 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 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).

G. 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 $3,000,000, including coverage for General, Automobile and Professional Liability (if applicable).
5) Professional Liability (if applicable), with limits no less than $1,000,000.

6) 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.

7. 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 and naming Town of New Castle as an Additional Insured.
The cost of furnishing the above insurance shall be borne by the Contractor, 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.
5. Indemnification
To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend Town of New Castle, its elected and appointed officials, agents and employees of any of them from and against all claims, damages, losses or expenses including by not limited to attorney’s fees arising out of or resulting from the performance of the agreement, provided any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting there from, and (b) is caused in whole or in part by any act or omission or violation of statutory duty or regulation of the Contractor or anyone directly or indirectly employed by it or anyone for whose acts it may be liable pursuant to the performance of the agreement. Notwithstanding the foregoing, Contractor obligation to indemnify Town of New Castle, and agents and employees of any of them for any judgment, mediation or arbitration award shall exist to the extent caused in whole or in part by
a) negligent acts or omissions, or (b) violations of regulatory or statutory provisions of the New York State Labor Law, OSHA, or other governing rule or applicable law; by the Contractor anyone directly or indirectly employed by it or anyone for whose acts it may be liable in connection to such claim, damage, loss and expense. The obligation of the Contractor to indemnify any party under this paragraph shall not be limited in any manner by any limitation of the amount of insurance coverage or benefits including worker’s compensation or other employee benefit acts provided by the Contractor.

6. Unpaid Wages
Before any progress or final payment is made, the Owner may require the Contractor, and any subcontractor, to file a written, verified certificate of the amounts when due and owing to any and all laborers for labor performed under the resulting contract, setting forth the names of the persons whose wages are unpaid and the amount due each. The Owner may withhold from any such payment amounts sufficient to satisfy any lien that may be filed. Money so retained shall be held without interest until the wages are paid or such lien discharged.
7. Accidents and Protection of Lives and Health
In order to protect the lives and health of his employees under the contract, the Contractor shall comply with all pertinent provisions of the “Manual of Accident Prevention in Construction” issued by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The Contractor agrees that he alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods and for any damage which may result from their failure or their improper construction, maintenance, or operation. No inspection or action by the Superintendent of Recreation shall constitute a guarantee of the safety of the place of work.

8. Protection of Persons and Property
The Contractor shall protect and support all water, sewer, gas and other pipes and conduits, telephone, telegraph or electric power lines, all railway and street railway tracks, pavements, building walls, fences or other properties, public or private, which are liable to be damaged during the execution of this work.
In the event that any damage or injury to any property as a result of the work under the resulting Contract, he shall promptly repair the same at his own expense. He shall take all reasonable and proper precautions to protect persons, animals, and vehicles of the public from injury.


9. Safety and Health Regulations
The Contractor shall comply with the Occupational Safety and Health Act of 1970 (Public Law 91-596, 29 U.S.C. 652), as amended, and all implementing regulations thereunder (29 CFR 1910, et. seg.).
10. Bonds for Performance and for Labor and Materials Payment
Prior to signing of the contract(s) and within ten (10) days after the award of the contract, the Owner will require the successful bidder to furnish bonds as follows:

1. 
   Covering the faithful performance of the contract in amount equal to one hundred percent (100%) of the contract.
   

2. 
   Covering the payment of all obligations arising thereunder in amount equal to one hundred percent (100%) of the contract.
   

The bonds to be in the form given in these Documents and with such sureties as the Owner may approve.

11. Intent of Documents
It is the intent of these Bid Documents to require a complete and finished piece of work in conformity with the specifications.
Except as otherwise specifically stated in the documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction, and all other services and facilities necessary to execute, complete and deliver the work within the specified time.

12. Notice and Service Thereof
Any notice to the Contractor from the Town of New Castle relative to any part of this contract shall be in writing, and shall be considered delivered and the service thereof completed when said notice is posted, by registered mail, to the said Contractor or his authorized representative at the work.


13. Town of New Castle Not Estopped
No act or omission of the Town of New Castle or of its agents or representatives shall be deemed to constitute an estoppel or a waiver of any right of the Town of New Castle to receive the full and complete performance by the Contractor of all of the terms, covenants and conditions of this contract, and any part thereof.

14. Suspension of Work
The Town of New Castle has the power, at any time, to suspend the execution of the work under the resulting contract and at its discretion, to declare the Contractor in default hereunder, either for a neglect or refusal to proceed with the work, or for a violation of any of the covenants, terms, conditions, and provisions of the resulting contract, without, in any degree, affecting any liability upon the bond given by the Contractor herein.

15. Authority of the Town of New Castle
The Town of New Castle or its authorized representatives shall decide any and all questions which may arise as to the quality of acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work, and shall decide all questions which may arise as to the interpretation of the plans and specifications, and all questions which may arise as to the acceptable completion of the project.
The decision of the Town of New Castle or its authorized representatives concerning the execution of the work, and interpretation of the plans and specifications shall be final and binding on the Contractor.

16. Inspection
The Town of New Castle and authorized representatives thereof shall be given every facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the plans and specifications.
Failure of the Town of New Castle or authorized representatives during the progress of the work to discover or reject work not in accordance with the specifications shall not be considered an acceptance thereof or a waiver of defects therein; and payment to the Contractor or partial or entire occupancy by the Town of New Castle shall not be construed to be an acceptance of the work or materials which are not strictly in accordance with the plans and specifications.

17. Assignment
No assignment, transfer, conveyance, subletting or other disposition of all or any part of the bid, award or contract or of any monies due or to come due there under, or of any right, title of interest therein, or of the Bidder’s power to execute such contract to any other person, firm or corporation will be permitted or allowed without the previous consent in writing of the Town of New Castle and of the Surety on the Contractor’s bond and any such assignments, transfers or conveyances to which the Town of New Castle and the Surety have not so consented shall be void. The foregoing shall not be construed to prohibit subletting in the manner set forth elsewhere in these Contract Documents.

18. Supervision and General Foreman
The Contractor shall employ and keep on the work at all times a competent general superintendent or foreman as his representative and instructions given or notice served on this superintendent or foreman shall be binding upon the Contractor.
All workmen employed in the performance of the resulting contract shall be skilled in their particular trades. No mediocre work shall be accepted or countenanced.
Any superintendent, foreman or workman employed on this project who disregards orders or instructions, does not perform his work in a safe, proper, skillful and expeditious manner, or is otherwise objectionable, shall be removed from the work and shall be replaced by a suitable superintendent, foreman or workman.
The Contractor shall personally see to it that all subcontracts and divisions of the work are executed in a safe, proper and workmanlike manner on scheduled time, and with due and proper cooperation.


19. Subcontracting
Before beginning the work, the Contractor shall submit a list of the subcontractors he intends to employ in the work. The Town of New Castle shall have the right of approval or rejection of subcontractors proposed for this work by the Contractor. If the Contractor sublets any part of this contract, the Contractor shall be fully responsible to the Town of New Castle for the acts and omissions of his subcontractors and of the persons either directly or indirectly employed by his subcontractor as he is for the acts and omissions of persons directly employed by him. The Contractor shall bind each subcontractor to the terms of the Bid Documents.
The Contractor shall not allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. The Contractor shall furnish the Town with satisfactory proof of coverage of the insurance required before commencing any work.

20. Taxes, Permits and Certificates
All taxes for which the Contractor is liable, including any sales, use, manufacturer’s or excise tax which may be imposed upon the sale, use or manufacture of the material required under this contract, and all social security taxes, transportation taxes and local taxes, shall be included in the bid prices and shall be paid by the Contractor.
The Owner is exempt from payment of sales and compensating use taxes of the State of New York and of cities and counties on all materials to be incorporated into the work. These taxes shall not be included in the bid.
The Owner’s tax exemption does not apply to construction tools, machinery, equipment or other property purchased by or leased by the Contractor, or to supplies or materials not incorporated into the work. The Contractor shall be responsible for and shall pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment or other property, or such supplies and materials not incorporated into the work.
The Contractor shall furnish all necessary licenses and permits of a temporary nature and shall give due and adequate notices to those in control of all properties, which may be affected by his operation or required by all laws, ordinances, rules and regulations bearing on the conduct of this work.
21. Patents
The Contractor shall pay all royalties and license fees and shall indemnify and save harmless the Town of New Castle for infringement of any patent rights, patented design, device, or materials or any trademark or copyright in connection with the work agreed to be performed under this contract, and shall indemnify and save harmless the Town of New Castle for any costs, expenses and damages which it may be obligated to pay by reason of any such infringement or alleged infringement at any time during the prosecution or after completion of the work.

22. Time for Completion
The Contractor shall complete the work under the Contract within the time specified in “FORM OF CONTRACT”.

23. Extension of Time
The Contractor expressly covenants and agrees that in undertaking to complete the work within the time specified, he has taken into consideration and made allowance for all of the delays and hindrances incident to such work, whether growing out of delays in securing materials, equipment, appliances or workmen, inclement weather, or otherwise. If, however, the Contractor, is obstructed or delayed in the prosecution or completion of the work because of the neglect, delay, or default of the Town of New Castle, or on any other prime Contractor, by the unusual action of the elements, or by the abandonment of the work by the employees due to a general strike, the Contractor shall have no claim for damages for such cause of delay, but he shall in such cases be entitled to such extension of the time herein specified for the completion of the work as the Town of New Castle shall in writing certify to be just and proper, provided that claim for such extension of time is made by the Contractor in writing within ten (10) days from the time when any such alleged cause for delay shall occur. Such extension, when granted, shall be considered as fixing a new time for completion in accordance with the terms of this contract.

24. Liquidated Damages
Should the work not be completed in the specified time, unless an extension has been granted as above, the Contractor shall be liable for liquidated damages in the amount of $100.00 dollars ($100.00) per calendar day of delinquency. Liquidated damages are intended to cover damages resulting from delays. They are in no way intended to impose a penalty on the Contractor.


25. Compliance With Laws
The Contractor shall conduct his work in compliance with all federal, state and local laws, rules and regulations applicable within the Town of New Castle.

26. Assumption of Liability
The Contractor shall protect all parts of the work from loss by theft or from any other causes, until completion and final acceptance of the work.

27. Pay for Labor and Material
The Contractor shall pay for all labor and material furnished by him in the performance of this Contract. Before final payment, if evidence is produced that the Contractor has failed to pay for such labor employed by him on the work or for such material furnished by him and used therein, for which he has already been paid by Owner, the Owner may withhold any payments until he shall be satisfied that all such claims for labor and material are paid.