Site work and new construction of a warehouse / distribution facility in Harrietstown, New York. Completed plans call for site work for a warehouse / distribution facility; and for the construction of a warehouse / distribution facility.

For Sand/salt Storage Structure . Each Proposal shall be accompanied by a certified check or bid bond acceptable to the Owner, in an amount equal to at least 5% of the Proposal, payable without condition to the Owner, as a guaranty that the Bidder, if awarded the Contract, will promptly execute the Agreement in accordance with the Proposal and the other Contract Documents, and will furnish good and sufficient bond for the faithful performance of the same, and for the payment to all persons supplying labor and material for the work. The Proposal Guaranties of all Bidders except the three lowest will be returned promptly after the canvass of Proposals. The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract Amount and a Labor and Material Payment Bond equal to one hundred percent (100%) of the Contract Amount; said Bonds shall be secured from a surety company satisfactory to the Owner. The forms of the Bonds the successful Bidder will be required to execute are included in the Contract Documents. The Performance Bond, and Labor and Material Payment Bond must remain in effect for twelve months after Project completion. Bidder hereby agrees to commence work on or before a date to be specified in writing "Notice to Proceed" of the Owner and to fully complete the project within 90 consecutive calendar days thereafter, as stipulated in the Specifications. Bidder further agrees to pay, as liquidated damages, the sum of $250.00 plus Engineering Costs, for each consecutive calendar day thereafter, as hereinafter provided. The Bidder understands that: (1) certain of the Bid items listed below may have a stipulated minimum and maximum, or just stipulated unit price amount, and that for a Bid Proposal to be considered formal the unit price entered by the Bidder, for these particular items, must fall within the stipulated price range or the amount shown; (2) all unit or lump sum prices of the Bid Proposal shall be balanced and reflect true costs for the respective work; and (3) failure to submit a formal bid in accordance with these requirements will be considered sufficient grounds for rejection of the entire bid. Liquidated Damages - MWBE Participation (1) Where Department determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, Contractor shall be obligated to pay to the Department liquidated damages. (2) Such liquidated damages shall be calculated as an amount equaling the difference between: (i) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (ii) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. (3) In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed by the Department unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Department. Liquidated Damages - MWBE Participation (1) Where Department determines that Contractor is not in compliance with the requirements of the Contract and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, Contractor shall be obligated to pay to the Department liquidated damages. (2) Such liquidated damages shall be calculated as an amount equaling the difference between: (i) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and (ii) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. (3) In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Department, Contractor shall pay such liquidated damages to the Department within sixty (60) days after they are assessed by the Department unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Department. The Owner reserves the right to reject any or all Proposals or to waive any informality or technicality in any Proposal in the interest of the Owner. If at the time this Contract is to be awarded, the lowest bid submitted by a responsible Bidder does not exceed the amount of funds then estimated by the Owner as available to finance the Contract, the Contract will be awarded on the base bid or alternate base bid(s) where applicable. If such bid exceeds such amount, the Owner may reject all bids or may award the Contract on the base combined with such deductible alternates applied in the numerical order in which they are listed in the Proposal, as produces a net amount which is Qwithin the available funds. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding.