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					                                 TOWN OF NEWBURGH
                           NOTICE OF BID INVITATION
                  HIGHWAY TREE CUTTING FOR THE YEARS 2010-2011


        The Town Board of the Town of Newburgh, County of Orange, New York, hereby
invites the submission of sealed bids for highway tree cutting (equipment, supplies and labor)
along roads of the Town Newburgh on an as needed basis during the period commencing upon
the notice of award of the contract by the Town and ending December 31, 2011.

               Bids must be in writing on the forms furnished and shall be subject to the
conditions contained in the Instruction to Bidders and Specifications as well as the following: (1)
the Town Board reserves the right to reject all bids and re-advertise for new bids; (2) all bidders
shall be prepared to submit proof of responsibility as required by the Town Board; (3) each bid
must contain the certificate set forth and required by Section 103d of the General Municipal Law
relating to non-collusion and (4) no bidder may withdraw his bid within 45 days after the actual
date of the opening of the same.

      Detailed specifications for the above item(s) may be secured at the Town Clerk's Office,
1496 Route 300, Newburgh, New York 12550.

       All bids are to be submitted on bid forms obtainable at the Town Clerk's Office, 1496
Route 300, Newburgh, New York 12550 and shall be contained in sealed envelopes marked
“Tree Cutting Bid”.

        Sealed bids will be received by the undersigned on behalf of the Town Board up until
10:45a.m., on June 9, 2010 at the Town Clerk's Office, 1496 Route 300, Newburgh, New
York 12550 when the same will be publicly opened and read aloud. The Town Board reserves
the right to reject any or all bids and to waive any irregularity in a bid as the interests of the
Town may require.

                                             BY ORDER OF THE TOWN BOARD OF THE
                                             TOWN OF NEWBURGH

                                             ANDREW J. ZARUTSKIE, TOWN CLERK


May 11, 2010




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                                    FORM A
                           BID PROPOSAL TO FURNISH
                                 TREE CUTTING
                          IN RESPONSE TO THE NOTICE
             OF BID, SPECIFICATIONS AND INSTRUCTIONS TO BIDDERS
             FOR PROVIDING TREE CUTTING FOR THE YEARS 2010-2011
              TO THE TOWN OF NEWBURGH HIGHWAY DEPARTMENT

       The undersigned, having a principal place of business at the address given below and
having familiarized himself/herself with the terms and conditions of the Bid Invitation,
Information for Bidders and Specifications and being experienced and responsible for the
performance of the same, proposes to provide tree cutting to the Town of Newburgh Highway
Department as follows:

       For the period commencing on the contract award to December 31, 2011,as specified
in the “Specifications and Instructions to Bidders for Providing Tree Cutting to the
Highway Department of the Town of Newburgh, New York” for the following prices for
each of the respective options:


           OPTION A: BUCKET TRUCK WITHOUT BUNK TRUCK OR CHIPPER

       For the period commencing on the contract award to December 31, 2011, as specified in

the “Specifications for Providing Tree Cutting to the Highway Department of the Town of

Newburgh, New York” by providing one (1) bucket truck with a minimum of 75 ft. capability

including one (1) operator and one (1) ground person, but no bunk truck, chip truck and chipper.

For the price of:

               $______________________ (price in figures) per eight hour day

               $______________________ (price in words) per eight hour day.



       OPTION B: BUCKET RUCK WITH BUNK TRUCK BUT WITHOUT CHIPPER

       For the period commencing on the contract award to December 31, 2011,as specified in

the “Specifications for Providing Tree Cutting to the Highway Department of the Town of

Newburgh, New York” by providing one (1) bucket truck with a minimum of 75 ft. capability

including one (1) operator and one (1) ground person, and one (1) bunk truck and one (1)

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operator, but no chip truck and chipper. For the price of:

                 $______________________ (price in figures) per eight hour day

                 $______________________ (price in words) per eight hour day.



                OPTION C: BUCKET TRUCK WITH CHIP TRUCK AND CHIPPER

                                BUT WITHOUT BUNK TRUCK

        For the period commencing on the contract award to December 31, 2011,as specified in

the “Specifications for Providing Tree Cutting to the Highway Department of the Town of
Newburgh, New York” by providing one (1) bucket truck with a minimum of 75 ft. capability

including one (1) operator and one (1) ground person, one chip truck and chipper with a

minimum of 12 inch diameter capability and (1) operator, but no bunk truck. For the price of:

                 $______________________ (price in figures) per eight hour day

                 $______________________ (price in words) per eight hour day



    OPTION D: BUCKET TRUCK WITH BUNK TRUCK, CHIP TRUCK AND CHIPPER

        For the period commencing on the contract award to December 31, 2011,as specified in

the “Specifications for Providing Tree Cutting to the Highway Department of the Town of

Newburgh, New York” by providing one (1) bucket truck with a minimum of 75 ft. capability

including one (1) operator and one (1) ground person, one (1) bunk truck and operator and one

(1) chip truck and chipper with a minimum of 12 inch diameter capability and (1) operator. For

the price of:



                 $______________________ (price in figures) per eight hour day

                 $______________________ (price in words) per eight hour day


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        By signing this Bid Proposal, the undersigned expressly acknowledges that he/she has
reviewed and understands the material contained in the information to bidders and the
specifications provided. Further, the undersigned understands that the contract with the Town of
Newburgh will contain the material set forth in the Information to Bidders, the Bid
Specifications and such additional material as the Town Board may deem appropriate.

DATED: This _____ day of          2010.

BIDDER:____________________________________

BY:      ____________________________________
                (signature)
Print Name/Title:______________________________
ADDRESS:__________________________________
           __________________________________
Telephone:___________________________________
Fax:________________________________________




             NO BID WILL BE ACCEPTED UNLESS THE SAME IS SIGNED.

            SEALED BIDS TO BE CLEARLY MARKED “TREE CUTTING BID”




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                                              3
                                  FORM B
                          STATEMENT OF EXPERIENCE
                          AND GENERAL INFORMATION

Please complete the following qualification and requirement questions as provided for herein.
Bidders are responsible for submission of accurate and clear descriptions of the information
requested. Omissions, vagueness or inaccurate descriptions or responses shall not be interpreted
in favor of the bidder and shall be grounds for bid rejection.

         A) Experience: The bidder must demonstrate that the bidder has had acceptable prior
experience in providing tree cutting services along highways. This qualification may be satisfied
by listing municipal clients to which your company has provided tree cutting services to, contact
person, and telephone number for each year from 2007 to 2009.

2009:
Customer:             ___________________________
Contact Person:       ___________________________
Phone #               ___________________________

2008:
Customer:             ___________________________
Contact Person:       ___________________________
Phone #               ___________________________

2007:
Customer:             ___________________________
Contact Person:       ___________________________
Phone #:              ___________________________


   B. General Background Information:

Bidder’s Main Office: ___________________________________

                          ___________________________________

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Manager’s Name (Contact):_________________________________

Firm’s Legal Name:________________________________________

Street Address (Box Numbers):______________________________

City:_____________________________________________________

State:____________________________________________________

Zip:_____________________________________________________

Telephone Number:_______________________________________

e-mail address:__________________________________________

Name of assigned site supervisor:____________________________

Telephone number:_______________________________________

e-mail address:__________________________________________




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                                         5
                                FORM C
                  NON-COLLUSIVE BIDDING CERTIFICATION

        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.

The bidder further certifies that this bid is made without any connection with any other person
making a bid for the same purpose, and is in all respects fair and without collusion or fraud, and
that no elected official or other officer or employee or person whose salary is payable in whole
or in part from the Town treasury is directly or indirectly interested therein, or in supplies
materials and equipment to which it relates, or in any portion of the profits thereof.

Bidder Name and Address:___________________________
                       ____________________________
                       ____________________________

Signature (Authorized): BY:___________________________

Title:_____________________________________________

Date:_____________________________________________




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                                                6
                         FORM D
                CERTIFICATE OF COMPLIANCE
              WITH GENERAL MUNICIPAL LAW
                  SECTIONS 103-a AND 103-b
    GROUND FOR CANCELLATION OF CONTRACT BY MUNICIPAL
                      CORPORATIONS

Upon the refusal of a person, when called before a grand jury to testify concerning any
transaction or contract had with the State, and political subdivision thereof, a public authority or
with any public department, agency or official of the State or of any political subdivision thereof
or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or
to answer any relevant question concerning such transaction or contract, a. such person, and any
firm, partnership or corporation, of which he is a member, partner, director or officer shall be
disqualified from thereafter selling to or submitting bids to or receiving awards from or entering
into any contracts with any municipal corporation or any public department, agency or official
thereof for goods, work, or services, for a period of five years after such refusal, and b. any and
all contracts made with any municipal corporation or any public department, agency or official
thereof, since the effective date of this law, by such person, and by any firm, partnership or
corporation of which he is a member, partner, director or officer may be canceled or terminated
by the municipal corporation without incurring any penalty or damages on account of such
cancellation or termination, but any monies owing by the municipal corporation for goods
delivered or work done prior to the cancellation or termination shall be paid. This condition shall
be further subject to any other provisions or subsequent amendments to Section 103a and 103b
of the General Municipal Law.

In acknowledgment of the above:

_________________________________
Bidder's Business Name

By:__________________________________

Title:__________________________________

Date:__________________________________


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                                                7
                             FORM E




                BID BOND TO BE INSERTED/ATTACHED




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                               8
                                   SPECIFICATIONS AND

                                INSTRUCTIONS TO BIDDERS

                                       FOR PROVIDING

                                        TREE CUTTING

                       TO THE TOWN OF NEWBURGH, NEW YORK

                                  HIGHWAY DEPARTMENT

SPECIFIC SPECIFICATIONS:
1. Tree cutting will be provided on an “as needed” basis during the period ending December 31,
2011.
2. At the option of the Town, the Bidder will furnish either:
        a. Option A: one (1) bucket truck with a minimum of 75 ft. capability including one (1)
        operator and one (1) ground person, but no bunk truck, chip truck and chipper;
        b. Option B: one (1) bucket truck with a minimum of 75 ft. capability including one (1)
        operator and one (1) ground person, and one (1) bunk truck and one (1) operator, but no
        chip truck and chipper;
        c. Option C: one (1) bucket truck with a minimum of 75 ft. capability including one (1)
        operator and one (1) ground person, one chip truck and chipper with a minimum of 12 i.
        inch diameter capability and (1) operator, but no bunk truck; and
        d. Option D: one (1) bucket truck with a minimum of 75 ft. capability including one (1)
        operator and one (1) ground person, one (1) bunk truck and operator and one (1) chip
        truck and chipper with a minimum of 12 inch diameter capability and (1) operator.
3. The Town of Newburgh Highway Department will provide flagmen & a dump site for all
material.
4. Work hours are to be Monday through Friday; 7:00 A.M. – 3:00 P.M. and are to be considered
"regular" work hours. No work will be done during regular scheduled holidays, weekends, and
unforeseen closures.
5. Bid prices should incorporate all costs. No separate mobilization, transport or other charge is
authorized.
6. Should a vendor wish to view the potential work locations before submitting a bid, the vendor
should contact the Highway Department at (845) 561-2177 to schedule a tour. Appointments
will be scheduled on a first-come, first-serve basis during regular workdays from 7:00 A.M. –
3:00 P.M.
7. All vendors must provide proof of insurance for all vehicles and employees while working on
Town property. A certificate of insurance must be submitted by the awarded vendor to the Town
Clerk before the start of work. This certificate of insurance must name the Town of Newburgh as
an additional insured.
8. The Town of Newburgh expects all vendors to be familiar with all OSHA Safety Rules,
Regulations, and Guidelines and adhere to all of these.

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                                               1
INSTRUCTIONS TO BIDDERS AND GENERAL SPECIFICATIONS

1. Bidders interested in bidding on the referenced items should read the entire document. The
vendor must complete all sections of this document including the Statement of Experience and
General Information, Non-Collusive Bidding Certification and Certificate of Compliance with
General Municipal Law Sections 103-a and 103-b and sign where indicated. When the specific
specifications so indicate a bid bond in the stated amount must also be submitted. Your signature
identifies your acceptance of all terms and conditions herein. Bids must be signed by the
authorized representative/officer/agent of the bidder. The Town of Newburgh shall be the sole
judge as to whether any bid complies with these specifications, and such a decision shall be final
and conclusive.

2. All bidders must fill in the prices being requested in the places and formats indicated. All
blank spaces in said bid shall be filled in and no changes shall be made in the phraseology, or in
the items, terms and conditions contained therein. Each bid must be submitted on the prescribed
form and all blank spaces for bid prices must be filled in ink or typewritten in both words and
figures. Bid prices shall include all labor, materials (other than gasoline) and equipment
necessary to complete the work in accordance with the contract documents or these
specifications and instructions. All prices must be NET, F.O.B. to the Town of Newburgh
Highway Department, 90 Gardnertown Road, Newburgh, unless otherwise indicated. Negligence
on the part of the bidder in preparing a bid confers no right of withdrawal or modification of a
bid after such bid has been opened. The Town of Newburgh is exempt from the New York sales
tax and Federal excise taxes.

3. Completed bids should be sent to the following address: Town Clerk, 1496 Route 300,
Newburgh, New York 12550. All bids must be properly signed and received by the time and
date specified in order to be valid. The Town will not be held responsible for those bids lost in
the mail or addressed to a Town facility other the Town Clerk’s Office, 1496 Route 300,
Newburgh, New York 12550.

4. Bids submitted in unmarked envelopes which are opened by the Town in its normal course of
business will not be accepted. If time permits, the proposals will be returned to the bidder
informing them that the proposal may be resubmitted in a sealed envelope properly marked as
indicated above.

5. Awards will be made, if at all, to the "lowest responsible bidder" meeting the specifications.
The Town reserves the right to reject any and all bids or portion thereof, or any bids that are
vague, incomplete or indefinite. The Town may make such investigation as it deems necessary to
determine the ability of the bidder to perform the work. The bidder shall furnish to the Town all
such information for this purpose as the Town may request. The Town reserves the right to reject
any bid if the evidence submitted by or discovered by investigation of a bidder fails to satisfy the

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Town that such bidder is qualified to carry out the obligations of the contract and to the work
contemplated therein. The Town reserves the right to examine the responsibility of bidders for
contracts and proposed subcontractors on a case-by-case basis, including but not limited to an
examination of the skill, judgment, integrity, good faith, sufficiency of financial resources,
quality of execution, performance and conduct on prior similar contracts, and labor practices
of a bidder and/or of a proposed subcontractor; and to investigate and consider the background of
such bidders and subcontractors for this purpose, including their ownership, management,
affiliation, history of past performance, and compliance with relevant state and federal laws and
regulations. Unless otherwise specified, the contract award shall expire on December 31 of the
year in which the award is made.

6. The submission of the bid proposal shall constitute an irrevocable offer which shall remain in
full force and effect until the bid proposals received by the Town are either accepted or rejected.

7. Bidders are advised to become familiar with all conditions, instructions and specifications
governing this bid. Once the award has been made, failure to have read all the conditions,
instructions and specifications shall not be cause to alter the original bid. All bids must be priced
as specified in the bid specifications or on the bid form submitted, and must be signed and dated.
No exceptions will be allowed with regard to errors made in the computation of a bid. Purchases
by the Town of Newburgh are not subject to any federal, state or local taxes. Do not include any
of these taxes when bidding or invoicing. Exemption certificates will be furnished upon request.

8. Any deviation from specifications shall be clearly stated and fully explained by accompanying
specification sheets with submitted bid. Unless qualified by the provision NO SUBSTITUTE ,
the use of the name of a manufacturer, brand, make or catalog designation in specifying an item
does not restrict Bidders to the manufacturer, brand, make or catalog designation identification.
This is used simply to indicate the character, quality and/or performance equivalence of the
commodity desired, but the commodity on which bids are submitted must be of such character,
quality and/or performance equivalence that it will serve the purpose for which it is to be used
equally as well as that specified. In submitting bids on a commodity other than as specified,
Bidder shall furnish complete data and identification with respect to the alternate commodity
he/she proposes to furnish. The Town reserves the right to make final determination of
equivalency. Consideration will be given to bids submitted on alternate commodities to the
extent that such action is deemed to serve best the interests of the Town. If the Bidder does not
indicate that the commodity he proposed to furnish is other than specified, it will be construed to
mean that the Bidder proposes to furnish the exact commodity described.

9. The prices quoted herein, if accepted, will be considered guaranteed, unadjustable prices for
the terms stated herein, unless otherwise so identified in other sections of this bid request. Once
bids are opened the prices shall remain firm for forty five (45) days after the bid opening.

10. This bid agreement shall override any previous agreements for this item (s), except as
otherwise provided herein.

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11. The Town of Newburgh reserves the right to reject any and all bids if deemed in the best
interest of the Town to do so. The Town shall have the authority to award orders, contracts, or
services to the bidder(s) best meeting the specifications and conditions as judged solely by the
Town.

12. All services shall be performed as described in this bid and shall comply in all respects with
applicable Federal, State, County, and Town Statues and Codes. Bidder warrants that all goods
and services furnished hereunder shall be designed, constructed and performed so as to comply
with the Occupational Safety and Health Act as amended from time to time, and the rules,
regulations and standards issued thereunder by any applicable governmental authority which as
of the date of performance will apply to the goods and services furnished hereunder. The bidder
alone shall be responsible for the safety, efficiency and adequacy of the bidder’s work, plant,
appliances and methods, and for any damage which may result from the failure to comply or the
use of improper methods. Any materials required by this bid that are deemed hazardous will be
packaged, marked, and shipped by the Seller to comply with all present and future federal, state,
and local regulations.

13. The Town Board shall determine whether bid exceptions are minor in nature or represent a
serious departure from the purpose and intent of the specifications and whether or not the best
interests of the Town will be promoted by waiving original requirements and accepting
exceptions.

14. The Town of Newburgh assumes no responsibility and no liability for costs incurred by
bidders prior to the issuance of an agreement, contract or purchase order.

15. Bidders who submit a Bid(s) in response to this bid may be required to give an oral
presentation of their Bid(s). The purpose of such presentation is to provide an opportunity for the
bidder to clarify or elaborate on their bid.

16. It is mutually understood and agreed that the successful bidder shall not assign, transfer,
convey, subcontract or otherwise dispose of its contract or its right, title or interest therein, or its
power to execute such contract, to any other person, firm or corporation, without the previous
written consent of The Town of Newburgh. Failure to comply with this requirement will result in
the cancellation of the contract

17. To the fullest extent permitted by law, the bidder shall defend, indemnify, and hold harmless
the Town of Newburgh, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to, attorney
fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising
out of, or alleged to have resulted from the acts, errors, omissions or mistakes relating to the
Bidder’s or its subcontractors performance of this Contract. Bidder’s duty to defend, indemnify
and hold harmless the Town, its agents, representatives, officers, directors, officials, and
employees shall arise in connection with any claim, damage, loss or expense that is attributable
to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property,
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                                                  4
including loss of use resulting therefrom, caused by any acts, errors, omissions or mistakes in the
performance of the work hereunder including any person for whose acts, errors, omissions or
mistakes the Bidder may be legally liable or by reasons of the Bidder’s or subcontractor’s use of
faulty, defective or unsuitable materials, tools, or equipment of defective design in constructing
or performing under this bid. The amount and type of insurance coverage requirements set forth
herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The
bidder shall reimburse the Town of Newburgh for damage to property of the Town of Newburgh
caused by the bidder, or his employees, agents, subcontractors or material men or by faulty,
defective or unsuitable material or equipment used by him or them. Bidder agrees that he will
indemnify and hold the Town harmless for all claims arising out of the lawful demands of
subcontractors, laborers, suppliers and assignees. Bidder further agrees to assume and pay for the
defense of all such claims, demands, suits, proceedings and litigation. The provisions of this
paragraph shall survive the expiration or early termination of the agreement.

18. The agreement arrived at from this solicitation shall be construed under the laws of the State
of New York. All claims, actions, proceedings, and lawsuits brought in connection with, arising
out of, related to, or seeking enforcement of this contract shall be brought in the Supreme Court
of the State of New York, Orange County. The Town requires contractors which are not
incorporated in the State of New York to produce a Certificate to Do Business in the State of
New York from the New York Secretary of State prior to executing their contract with the Town.
Awarded bidder shall provide said certificate of required.

19. Any violation of the terms, conditions, requirements and/or non-performance of the contract
shall result in immediate cancellation. The bid award may be immediately cancelled upon written
notice for cause, including, but not limited to, the following:

(A) failure to provide personnel or equipment to the Town’s satisfaction or failure in any other
way deliver to perform or provide service within the terms of contract;
(B) failure of the equipment or service to meet specifications;
(C) misrepresentation by the vendor;
(D) fraud, collusion, conspiracy, or other unlawful means of obtaining any contract with the
Town of Newburgh;
(E) conflict of contract provisions with constitutional or statutory provisions of the laws of the
State of New York or federal law; and
(F) any other breach of contract.

20. The Town of Newburgh reserves the right without cause or penalty, to terminate the contract
award at any time upon thirty (30) days written notice, when it has been determined to be in the
best interest of the Town. Cancellation does not release the Vendor from its obligation to
provide goods or services per the terms of the contract during the notification period.

21. Bidders are responsible for submission of accurate, adequate and clear descriptions of the
information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be
interpreted in favor of the bidder and shall be grounds for bid rejection. (Bids must be provided
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                                                5
for all services; a blank space will denote a “zero” bid.) The Town reserves the right to delete
any part of the services quoted at its discretion. Should the bidder find any omissions,
discrepancies or errors in the specifications or other contract documents or should the bidder be
in doubt as to the meaning of the specifications or other contract documents, the bidder should
immediately notify the Town Clerk, who may correct, amend or clarify such documents by a
written interpretation or addendum. No oral interpretation shall be made to any bidder and no
oral statement of the Town or any agent or representative of the Town shall be effective to
modify any of the provisions of the contract documents. The Town of Newburgh shall have the
right to request clarifications of bids submitted and hold public meetings for the consideration of
the merits of any or all bidders.

22. Bids are solicited only from competent, experienced and financially qualified vendors who
meet all the qualifications and or specifications of this bid document as determined solely by the
Town of Newburgh. Please complete the qualification and requirement questions as provided for
herein. Bidders are responsible for submission of accurate and clear descriptions of the
information requested. Omissions, vagueness or inaccurate descriptions or responses shall not be
interpreted in favor of the bidder and shall be grounds for bid rejection.

23. Bidder certifies that the bidder does not discriminate on the basis of race, color, sex, national
origin, age, disability or other criteria prohibited by law. Bidder further certifies that it is in
compliance with the American with Disabilities Act. It is the policy of the Town to take
affirmative action to ensure that minority and woman-owned business enterprises are given the
opportunity to demonstrate their ability to provide the Town with goods and services at
competitive prices

24. If this is a public work contract covered by Article 8 of the Labor Law or a building service
contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its
subcontractors may be required or permitted to work more than the number of hours or days
stated in said statutes, except as otherwise provided in the Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State Labor Department. Furthermore,
Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide
the prevailing supplements, including the premium rates for overtime pay, as determined by the
State Labor Department in accordance with the Labor Law. Labor Law 220-a requires that
before payment is made by the town of any sum or sums due on account of a contract for
a public improvement it shall be the duty of the financial officer of the town to require the
contractor or subcontractor to file a statement in writing in form satisfactory to such officer
certifying to the amounts then due and owing from such contractor or subcontractor filing such
statement to or on behalf of any and all laborers for daily or weekly wages or supplements on
account of labor performed upon the work under the contract, setting forth therein the names of
the persons whose wages or supplements are unpaid and the amount due to each or on behalf of
each respectively, which statement so to be filed shall be verified by the oath of the contractor or
subcontractor as the case may be that he has read such statement subscribed by him and knows
the contents thereof, and that the same is true of his own knowledge.

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25. Time is of the essence in delivery. The Town reserves the right to refuse any goods or
services and to cancel any and all parts of this bid if the bidder fails to deliver all or any part of
the goods or services in accordance with the terms of the bid. The Town reserves the right to
inspect all material furnished for conformity with the specifications. The right is reserved to
reject and return at the vendor's expense and risk any unacceptable material.

26. The Town is subject to the provisions of the New York Freedom of Information Law
(“FOIL”), and, subject to statutory exceptions, is required to make all records (as defined by
FOIL) available to the public upon proper request. Any person desiring to maintain or preserve
the secrecy or confidentiality of any part of this submission should specify, in writing, the part of
the record sought to be protected, and the statutory basis upon which Town would be justified in
denying access. There can be no guarantee that Town can or will maintain the secrecy or the
confidentiality of any part of the record.

27. Each and every provision and clause required by law to be inserted in this agreement shall
be deemed to be inserted herein and the agreement shall be read and enforced as though such
provisions and clauses were included herein. If, through mistake or otherwise, any such
provision is not inserted or is not correctly inserted, then, upon the written consent of the parties,
this agreement shall forthwith be physically amended to make such insertion.

28. If any of the provisions hereunder conflict with the provisions of any specifications attached
hereto or issued in connection herewith, the contractual provisions of these instructions shall
control. Notwithstanding the foregoing, the Town of Newburgh reserves the right to issue written
clarification regarding resolution of any conflicting provisions, in which event such written
clarification shall control.

29. The bidder shall carry at its expense and provide evidence of insurance coverage listed
below to protect itself and the Town of Newburgh from and against liability, loss, damage,
expense, cost (including without limitation to litigation and court costs and attorneys’ fees) out
of or in connection with the performance of any work performed in accordance with the
specifications or any related documents, whether such work is performed by the bidder or any
subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable. Coverage must be written with insurance companies
licensed in the State of New York. The insurance company writing coverage must have at least
an A- rating by Best & Company. All policies shall provide a thirty (30) day advance notice of
cancellation to the Town of Newburgh.

Workers Compensation:
Statutory requirements

NYS Disability
Statutory requirements

Commercial General Liability
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Limits of Liability:
$1,000,000 each occurrence
$3,000,000 general aggregate
$500,000 property

Auto Liability
Limits of Liability:
$1,000,000 each accident


Excess (Umbrella) Liability:
The requirement that an Umbrella Policy be provided will depend on a case-by-case evaluation.
Your exposure to catastrophic loss arising from the work or service being performed will
determine the limit required.

Note: Special policy endorsement or additional coverage's may also be required based on the
special nature of the work of service being required (Professional Liability, E&O, D&O, Sexual
Abuse and Molestation coverage and Bonds).

Coverage:
Certificates of insurance shall be presented to the Town Clerk for approval before the successful
bidder, its agents and/or employees commence any work whatsoever pursuant to the contract.

INSURANCE CERTIFICATES SHALL NAME THE TOWN OF NEWBURGH, NEW
YORK, 1496 ROUTE 300, NEWBURGH, NY 12550 AS AN ADDITIONAL INSURED
PARTY AND SHALL STATE THAT ALL COVERAGE SHALL BE PRIMARY TO ANY
OTHER INSURANCE COVERAGE HELD BY THE ADDITIONAL INSURED.

30. Vouchers in approved Town of Newburgh format together with invoices shall be furnished to
the Newburgh Highway Department for verification and approval of the amount due the
successful bidder on a monthly basis. Final payment shall not be made until final acceptance by
the Town of Newburgh of services. Payment shall generally be made within 30 days after
approval and acceptance by the Newburgh Town Board. If a successful bidder is in default
hereunder and/or the Town of Newburgh is of the opinion that a meritorious claim exists or will
exist against such bidder of the Town arising out of the negligence of such bidder, then the Town
may withhold payment of any amount otherwise due and payable hereunder. Any amount so
withheld may be retained by the Town for such period as it may deem advisable to protect the
Town against any loss and may, after written notice to such bidder, be applied in satisfaction of
any claim herein described. This provision is intended solely for the benefit of the Town and no
person shall have any right against the Town or claim against the Town by reason of the Town’s
failure or refusal to withhold monies. This provision is not intended to limit or in any way
prejudice any other right of the Town and no interest shall be payable by the Town on any
amounts withheld under this provision.

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