Site work for a playground / park / athletic field in Buffalo, New York. Completed plans call for site work for a playground / park / athletic field.

For Hennepin Park Improvements Questions regarding the Contract Documents should be directed to Kristopher Winkler at kwinkler@labellapc.com no later than 4:00 PM on March 05, 2023. Bidders shall promptly notify Kristopher Winkler of any errors, omissions, conflicts or ambiguity within the Contract Documents. No questions or inquires regarding this bid will be accepted within three (3) business days prior to the bid opening. Each bidder's attention is called to the General Municipal Law, which requires a bidder's Certification of NonCollusion. Copies of such Certificates are part of the Proposal Form and, unless complied with, the bid will not be accepted. BIDDERS MUST SUBMIT PRIOR TO AWARDING OF A CONTRACT A STATEMENT INDICATING THAT THEY WILL WORK TOWARD A MINORITY WORKFORCE GOAL OF 25% AND A WOMEN WORKFORCE GOAL OF 5%. IN ADDITION, A STATEMENT MUST BE SUBMITTED PRIOR TO THE AWARDING OF A CONTRACT INDICATING THAT THE BIDDER WILL WORK TOWARD A BUSINESS UTILIZATION GOAL FOR MINORITY BUSINESS ENTERPRISE OF 25% AND WOMEN BUSINESS ENTERPRISE OF 5%. The advertisement inviting bids for the doing of a work or improvement or for the furnishing of materials, supplies or equipment shall, among other things, state that the bidder must submit with his bid a bid bond, certified check, bank draft or letter of credit complying with the provisions of Article I hereof, as provided in the specifications, and shall also state that, in case of the bidder's failure to enter into the contract for the doing of the work or improvement or the furnishing of materials, supplies or equipment and to furnish a performance bond or, where authorized, a certified check, bank draft or letter of credit, complying with the provisions of Article I hereof, 100% of the penal sum of the bid bond or the amount of the certified check, bank draft or letter of credit, as the case may be, shall be and become the minimum amount of the liquidated damages suffered by the City as a result of such failure, collectible out of the bid bond, certified check, bank draft or letter of credit The Bidder whose Proposal is accepted shall furnish a maintenance bond running to the City in the penal amount of ten (10%) percent of the contract price, to be approved as required by the Charter of the City of Buffalo, and to be executed by the Bidder as principal and by a duly incorporated company authorized to guarantee the performance of contractors and to do business in the State of New York, as Surety, conditioned that the Contractor will at his own cost and expense, keep and maintain the sidewalks, pavement and appurtenance work included in this Contract in good condition, order and repair for the period specified from the completion of said work in accordance with the conditions of the Contract Documents and leave the same in good condition, order and repair at the end of said period Bidders are hereby advised that the Department of Public Works may exercise its rights to reject any proposal in which unit bid prices appear in the Commissioner's judgment to constitute an unbalanced bid for the work. The City of Buffalo reserves the right to reject any or all bids and to waive any informalities therein. The required performance bond and insurance shall be submitted to the City for approval by the lowest Bidder within five (5) days after receipt of bids. Failure to do so will give the City the right to reject the bid and either award the Contract to the next lowest Bidder or re-advertise the work. NOW, THEREFORE, The condition of this obligation is such that if the said principal obligor, in case said proposal is accepted by the City of Buffalo, shall and will whenever required enter into a written contract with the City of Buffalo for the performance of the work or improvement mentioned in said proposal in accordance with the terms and conditions as provided in the plans and specifications, and upon the execution of such contract, shall and will furnish a bond for the faithful performance of the same, then this obligation shall be void, otherwise of full force; provided, however, and it is expressly stipulated and agreed that the penal sum of this bond in the amount of one-hundred percent (100%) thereof shall be and become the minimum amount of damage suffered by the City of Buffalo as liquidated damages if said principal obligor shall fail to enter into such contract and give the security for the performance of the same, as herein required. The City of Buffalo will not be responsible for full or partial set of Contract Documents, including any Addenda obtained from any other source. The City of Buffalo reserves the right to reject any and all bids and to waive any informalities therein Monetary Penalties. A violation of any provision of this section may constitute cause, grounds or other legal justification for the imposition of a monetary penalty, including not limited to, withholding of a portion or the full contract retention set aside by the contractor by contract, and/or liquidated damages, after the City provides reasonable written notice to the owner or entity involved and reasonable opportunity for that owner or entity to be heard. In the event a contractor falls below the 10% labor hour requirement, the City may, but is not limited to, imposing noncompliance fines as follows: 2% below the 10% requirement: .5% contract award 3% below the 10% requirement: 1% contract award 4% below the 10% requirement: 2% contract award 5% below the 10% requirement: 3% contract award In the event the City undertakes to perform the work, or any part thereof, the certificate of the Commissioner regarding the amount of the work to be done and the amount of liquidated damages shall be binding and conclusive upon the Contractor, its assigns, its sureties and upon all other claimants. The certificate of the Commissioner shall be filed with the Comptroller of the City. If the Contractor fails to complete the work within the time agreed upon or within any extensions granted in accordance with the Contract Documents, the City may elect to permit the Contractor to proceed with and complete the work provided that such permission not be deemed a waiver by the City of the Contractor's liability for damages or expenses incurred by the City as a result of the Contractor's failure to complete the work within the specified time. Such liability shall continue in full force against the Contractor as if such permission had not been granted. In order to avoid all controversy and the determination of actual damages or expenses for the delay in completion of the work by reason of the City's election not to terminate the right of the Contractor to proceed, the Contractor and the Contractor's Surety shall be liable for and shall pay or allow to the City the sums specified in the Supplemental Instructions to Bidders, as fixed and agreed liquidated damages for each and every working day, Sundays and Holidays excluded, after the date fixed for the completion of the work. During this time damages and expenses may be deducted by the City from any payment or payments then due or thereafter falling due to the Contractor. If the work has reached or thereafter reaches such a degree of completion that, in the City's opinion, makes the work reasonably safe, fit and convenient for the use for which it was intended, the City may take possession of the work although uncompleted and not accepted. In this case the Contractor shall not be charged thereafter with liquidated damages, but the City thereafter may assess against the Contractor and the Contractor's Sureties only the actual damages or expenses caused to the City by the delay in completion after the City has taken possession of the work.