Request for Proposals for Office of Resilient Homes and Communities
| Agency: | State Government of New York |
|---|---|
| State: | New York |
| Type of Government: | State & Local |
| NAICS Category: |
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| Posted Date: | Jun 18, 2026 |
| Due Date: | Jul 2, 2026 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
Description
Under the Ida Resilient Investments through Support and Capital (RISC) Program, this opportunity is requesting proposals from qualified proposers to provide planning services to assist the Village of Mamaroneck with reducing flood risk and improving flood resiliency on the Beaver Swamp Brook. Additional information on this opportunity can be found on the Village of Mamaroneck’s website, https://www.villageofmamaroneckny.gov/bids.aspx .
- Proposal Submission Deadline: July 02, 2026, 2:00 PM, Eastern Standard Time (“EST”)
Attachment Preview
REQUEST FOR PROPOSALS
Planning, Engineering and Design Services for
Flood Mitigation on the Beaver Swamp Brook
Issue Date: 6/11/26
Due Date: 7/2/26 at 2:00 pm
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I. PROPOSAL INFORMATION
The Village of Mamaroneck (the "Village"), acting by and through its Office of the Village Manager, is
requesting proposals from qualified proposers to provide Planning, Engineering and Design Services to
assist the Village with reducing flood risk and improving flood resiliency on the Beaver Swamp Brook in
the Rye Neck section of the Village (Town of Rye).
The Village has acquired a grant under the Resilient Investments through Support and Capital (RISC)
program from the Housing Trust Fund Corporation, represented by the New York State (NYS) Homes and
Community Renewal (HCR) Office of Resilient Homes and Communities (ORHC), that is funded by a
United States Department of Housing and Urban Development Community (HUD) Development Block
Grant - Disaster Recovery (CDBG-DR) allocation to New Yor State to support long-term recovery efforts
in response to Hurricane Ida (FEMA DR-4615). The work undertaken will be in accordance with the
standard requirements and conditions described in Schedule D: New York State Community
Development Block Grant Agreement IDA Program Subrecipient Agreement (SRA) to this RFP that are
applicable to contractors and subcontractors. This includes but is not limited to Sections "10(B)
Subcontracting" and the MBE, WBE, SDVOB and other participation goals and reporting requirements
outlined in Appendix 1 to the SRA.
The Village may fund additional and related work from its own budget.
i. SCHEDULE
Issue Date: 6/11/26
Requests for Clarification Due: 6/18/26 at 12:00 pm
Written Responses to Requests for Clarification: on or before 6/25/26
Due Date: 7/2/26 at 2:00 pm
All times specified above and elsewhere in this RFP shall be understood to be Eastern Time.
ii. REQUESTS FOR CLARIFICATION
All requests for clarification must be submitted to Dennis Delborgo at ddelborgo@vomny.org no later
than 12:00 pm on 6/18/26. The subject line of the email message must read "Request for Clarification -
P/E/D for Flood Mitigation - BSB".
Formal written responses will be distributed by the Village on or before 6/25/26 by being posted on the
Village website: https://www.villageofmamaroneckny.gov/bids.aspx
NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST THE VILLAGE, EXCEPT FOR THE
FORMAL WRITTEN RESPONSES TO ANY REQUESTS FOR CLARIFICATION.
iii. PROPOSAL CONTENT
Each proposal must include the items below. Any proposal that does not contain
everything specified below and/or does not conform to the requirements for proposals will not be
reviewed or considered.
1.) Cover letter
2.) The proposer's responses to the questions outline2d in Schedule "A"
3.) Cost proposal, consisting of a completed version of the cost proposal form in Schedule "B".
All corrections made by the proposer must be made prior to the due date for Proposals. No changes will
be allowed after the due date for proposals.
Each of one or more of the proposers may be required to give an oral presentation to the Village
to clarify or elaborate on the written proposal.
Firms certified in New York State as Minority Business Enterprises (MBE) and Women Business
Enterprises (WBE) and/or Service-Disabled Veteran-Owned Business Enterprises (SDVOB) are strongly
encouraged to participate.
iv. PROPOSAL SUBMISSION
Each proposer must submit one (1) electronic copy of its proposal, in PDF format, via e-mail.
The above-specified materials must be submitted to:
Dennis Delborgo
Office of the Village Manager
ddelborgo@vomny.org
v. AMENDMENTS AND ADDENDA
Should the Village find it necessary to amend this RFP and/or issue any addenda, such documents will be
posted to the Village's website for RFPs: https://www.villageofmamaroneckny.gov/bids.aspx
Each prospective proposer shall have an obligation to monitor the Village's website for RFPs in order to
ensure that it is aware of each amendment and/or addendum that is issued.
vi. PROPOSAL EVALUATION
The Village will choose the proposal from a responsible proposer that is most advantageous to the
Village, and otherwise in accordance with the Village's Procurement Policy. The Village will evaluate all
proposals based on the criteria specified below.
1.) Proposer Qualifications (20 points out of 100): The proposer's ability, qualifications, and experience,
both in general and in providing services like those solicited by this RFP.
2.) Staff Qualifications (20 points out of 100): The ability, qualifications, and experience of the proposer's
staff that would be assigned to provide the services solicited by this RFP.
3.) Work Plan and Approach (30 points out of 100): The proposer's proposed work plan and approach
for providing the services solicited by this RFP, including a detailed project schedule and milestones.
4.) Cost Proposal (30 points out of 100): This includes consideration of the proposed cost.
M/WBE and SDVOB Goals:
The Minority and Woman Owned and Service Disabled Veteran Owned Business goals are as follows:
15% MBE, 15% WBE, 6% SDVOB as a percentage of the total value of all work to be performed using
RISC grant program funding. Firms that support the village's effort to meet these goals, including
through the use of subcontractors, may be awarded additional points under Proposer Qualifications.
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Subcontractors:
By submitting a proposal, Proposers are confirming that they have the availability and technical ability to
meet the timeline and requirements for the project as outlined in this RFP.
Subcontractors are permitted so long as all the same information required of the Prime contractor is
also included for the Subcontractor for review and evaluation by the village.
II. BACKGROUND
The Village of Mamaroneck is located in Westchester County, New York, and is home to about 20,000+
residents. Most of the Village is also located within the Town of Mamaroneck, and a portion in the Town
of Rye.
The Village is primarily a residential community on Long Island Sound with several parks, a harbor and a
beach. US Route-1, Interstate-95 and Metro North Railroad are major transportation corridors running
through the Village. The community is primarily suburban, with a mix of housing stock, as well as a busy
downtown business corridor and a light industrial area. The Village comprises about 3 sq. miles of land
area, coastal waters and approximately 9 miles of coastline. The Village operates under a Council-
Manager form of government.
Project Background and Connection to Mitigation Needs
The need for this project was identified in the Beaver Swamp Brook Flood Mitigation & Resilience
Report, completed in July 2024 under the Resilient NY Program (program website). The report (link to
report) identifies a pedestrian crossing over Beaver Swamp Brook within High Risk Area 1 in the Village
of Mamaroneck. The bridge connects the Continental View condominium complex with Shore Acres
Drive. A gravity sanitary sewer pipe passes beneath the bridge deck. The bridge abutments on both sides
of the channel extend out into the channel, restricting flow conveyance. During high flows, the
pedestrian bridge restricts flow, increasing flooding upstream of the bridge, including at the Continental
View condominium complex. This problem is exacerbated during the high tide cycle. The constriction at
the bridge opening also increases flow velocities, which have caused a scour hole to form downstream
of the bridge, posing a risk to the bridge and the sewer line. The Hazard Mitigation Plan for Westchester
County identifies severe storms and floods as the highest risk hazards in the Village of Mamaroneck.
Flood Damages during Hurricane Ida
Hurricane Ida dropped heavy rainfall on Westchester County in September 2021 and caused widespread
damage. The Beaver Swamp Brook Flood Mitigation & Resilience Report was completed in response to
damage sustained in Westchester County during Hurricane Ida. According to the Hazard Mitigation Plan
for Westchester County, Hurricane Ida resulted in major damage, flooded homes, and flooded public
properties in Mamaroneck.
Proposed Solution
The recommended solution includes installation of a sanitary pump station at the rear of the
Continental View Condominiums, with a sanitary force main connecting to a nearby existing sewer
manhole, eliminating the need for a sewer crossing of the brook and allowing for the full removal of the
channel constriction and restoration of the channel to an adequate width. The existing pedestrian
bridge will be replaced with a wider span bridge to m4 aintain pedestrian access as funding allows.
Flood Mitigation and Resiliency
The top of the existing pedestrian bridge is at an elevation of 8.3 feet, and the top of the sewer pipe has
an elevation of 4.7 feet. The FEMA flood insurance study predicts the 10-year flood event in
Mamaroneck Harbor to be 9.5 feet. The elimination of the sewer line crossing over the brook will
improve resiliency and eliminate the risk of a sewage leak if the sewer line were to be damaged during a
flood, potentially polluting the downstream Guion Creek. If funding allows for the replacement of the
pedestrian crossing, the new span will be resilient to future sea level rise and increased stream flows,
challenges for the village due to a changing climate. The deck of the new bridge will be placed high
enough so that water in the Brook does not make contact with the deck of the bridge, even during
extreme high tides and high flow events.
III. SCOPE OF WORK / TASKS
Project initiation meeting - Conduct a meeting of the project team
The selected Proposer will participate in a Project Initiation Meeting with the Village and New York State
Office of Resilient Homes and Communities. The meeting will review the project scope and schedule,
project requirements, roles and responsibilities, MWBE requirements, State Environmental Quality
Review Act (SEQRA) compliance requirements, ADA requirements, identify new information needs and
next steps.
The successful Proposer shall prepare and distribute to all project partners a brief meeting summary
clearly indicating the agreements reached at the meeting.
Products (including but not limited to): Project initiation meeting held with appropriate parties. Written
meeting summary outlining agreements reached. This meeting shall be held no later than one week
after execution of agreement between the Village and the successful Proposer.
Site reconnaissance - Conduct a site visit by design engineers to evaluate and document site conditions
through field notes and photo documentation.
The successful Proposer shall conduct site-specific reconnaissance, in preparation for design. Work to be
performed by the successful Proposer shall include, at a minimum, identification, analysis, and mapping:
Complete a site survey showing extent of project boundary * Ownership/grant/lease status of all lands
to be incorporated into the design * Manmade structures, buildings, or facilities on or adjacent to the
site * Above and below ground infrastructure, including sewer and stormwater treatment structures *
Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian, bicycle, etc.) that serve or
are located near the site * Adjacent land and water uses * Historic, cultural and archeological resources
* Soil and, as appropriate, core sampling to determine site stability * Topography and hydrology *
Natural resources inventory, including location of mature trees * Delineation of wetlands *
Identification of any hazardous materials in the project area * Zoning and other applicable designations
* Site constraints, needs, and opportunities.
Products: Map(s) and written summary describing the above information and any other appropriate
information identified during the project initiation meeting. Maps and relevant data and information
shall be submitted in ArcGIS format. Initial onsite assessment shall be completed within 30 days, draft
deliverables within 60 days and final deliverables within 90 days of execution of an agreement between
the Village and the successful Proposer. Document best management practices to be employed to avoid
or reduce water quality impairments from upland ru5n off or in-water activities. Identify impacts, if any, to
state-designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide
Significance, other Coastal Management Program special management areas, or other sensitive
resources, and how those impacts should be avoided or mitigated.
Collection of topographic and bathymetric survey - Perform topographic and bathymetric survey at the
project site. Prepare digital base map at a scale of 1"=20' and depicting contours at a 1-foot interval.
Research available land records to determine roadway right-of-way limits, approximate property lines,
and abutters' names. Superimpose the information on the base map. Contact local utility providers and
conduct mapping of existing utilities in the immediate vicinity of site. The location of observed utilities
will be located during the field survey, and mapping will be supplemented by the information provided
by each utility provider.
Products: Mapping and Utility Survey
Subsurface investigations (geotechnical borings) - Develop a subsurface exploration program. Two
borings will be drilled to an approximate depth of 30 to 35 feet. Perform advance field utility mark-out
of borings. Perform split spoon sampling at 5-foot intervals and observe borings in the field. Conduct
laboratory testing, such as sieve analyses, based on the materials encountered and to confirm visual
classification of materials.
Products: Prepare and furnish boring logs.
Engineering analysis to determine sanitary pump station capacity - Estimate the peak sanitary sewer
flow required by the residential units at Continental View condominium complex. Estimate the total
dynamic head required by the pumps based on elevation and pipe headloss in the new force main.
Pump selection will be based on a single pump meeting this peak demand so that the pumps will
operate in a lead-lag configuration.
Products: Engineering analysis of proposed new sanitary pump station.
Conceptual engineering design - Develop conceptual design plans for the project not to exceed 30%
completion. The plans will be overlaid onto the project base mapping developed by the successful
Proposer. Conceptual design will be developed for the following components:
* Sanitary pump station and sewer line
* Pedestrian bridge demolition
* Pedestrian bridge replacement
* Beaver Swamp Brook channel restoration (widening and bank stabilization)
Engineer's opinion of cost - Prepare a 30% design cost opinion and complete a benefit cost analysis for
the selected intervention utilizing a methodology acceptable for FEMA and/or New York State capital
grants.
Products: Engineer's opinion of cost estimate.
Identification of federal, state, and local regulatory permitting needs - Conduct a desktop analysis to
identify federal, state, and local permitting needs including review of State Historic Preservation Office
[SHPO] and New York State Natural Heritage Program requirements to identify any need for
consultation with these agencies, or any State Environmental Quality Review Act [SEQRA] issues that
may arise.
Products: Written permit analysis. Pre-permitting meeting with identified entities.
Engineering design report - Produce an engineering design report that complies with the NYS
Environmental Facilities Corporation's requirements for an eligible infrastructure project.
Products: Engineering Design Report.
Misc. Requirements:
Unless otherwise specified in the Work Plan tasks, the successful Proposer must submit all required
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products in the following formats:
| ACTIVITY | COMPLETION DATE |
|---|---|
| A&E Support Services Procurement | Q2 2026 |
| Project Implementation | Q3 2026 to Q4 2026 |
| Closeout | Q4 2026 |
* Draft products: one digital copy of each product must be submitted in Microsoft Word and Adobe(R)
Acrobat(R) Portable Document Format (PDF), created using 300 dpi scanning resolution.
* Final products: one electronic copy of each product must be submitted in Microsoft Word, PDF (20
MB maximum if emailed), created using a minimum 300 dpi scanning resolution. In addition, one
paper copy of each final product (including reports, designs, maps, drawings, and plans) must be
submitted.
* Electronic data for all Geographic Information System-based mapping products and associated
spatial data must be submitted in either ArcGIS format, and comply with the requirements for
Contract GIS Products. Formal metadata must be provided with all digital GIS data which includes, at
minimum, a file summary/abstract, intended use, data, source data, and author information.
* Electronic data for all designs, drawings, and plans must be submitted in the original software that
they were created (such as CAD format or other similar product acceptable to the Village), as well as
in JPG format.
* Photographs and images must be submitted in JPG format with a minimum resolution of 300 dpi
must be dated and captioned with the location and a brief description of the activity being
documented and include any associated metadata (including the photo's GPS location where
available).
The Village requires a licensed professional engineer, architect or landscape architect licensed to
practice in New York State for preparation and certification of designs and other documents.
IV. TERM
The term of the agreement will be for one year, with the Village of Mamaroneck reserving the right to
extend the contract for an additional year or for multiple years by mutual agreement of the parties.
The Village requires the services requested to be performed on an expedited timetable to meet a
deadline of the grant program funding the project.
Project Schedule
ACTIVITY COMPLETION DATE
A&E Support Services Procurement Q2 2026
Project Implementation Q3 2026 to Q4 2026
Closeout Q4 2026
All work to be funded by the RISC program grant must be completed prior to January 1, 2027.
Additional work may be assigned by the Village beyond this date prior to expiration of the agreement.
V. LEGAL
This is not a Request for Bids.
The Village is not responsible for any costs incurred by the proposer associated with the preparation of a
proposal in response to the RFP.
Proposals may be subject to public records access requests.
The Village reserves the right to reject all proposals; reject proposals that do not conform to the
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requirements set forth in this RFP; to waive irregularities in proposals received; to enter into
agreements with one or more proposers, or to not enter into an agreement with any proposer.
The Village will allow Subcontractors. All Subcontractors must be approved by the Village. Proposers are
encouraged to consider Subcontractors that would assist the Village with meeting MWBE/SDVOB goals.
The Prime Contractor must flow down the requirements included in Schedule D: Ida Program SRA to all
Subcontractors.
All customized deliverables, records, materials, and the like performed under an agreement with the
Village shall be considered "works made for hire" and become and remain the property of the Village.
VENDOR RESPONSIBILITY QUESTIONNAIRE
Interested parties shall submit with their proposal a Vendor Responsibility questionnaire (VRQ) which is
accessible through the Office of the New York State Comptroller via the VendRep system available online
at: https://www.osc.ny.gov/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire
I. INSURANCE REQUIREMENTS
The Contractor, prior to agreement, shall provide to the Village and maintain throughout the life of the
contract, at his/her own cost and expense, proof of the following insurance by insurance companies that
are admitted in NY State and have a A.M Best Financial Rating of A- 9 or better.
The CONTRACTOR shall, during the performance of the work, maintain the following insurance in the types
and amounts, and with insurers satisfactory to the OWNER. All insurance policies shall be procured and
maintained with New York State licensed carriers of insurance.
1.) Employer's Liability $1,000,000
2.) General Bodily Injury $1,000,000 each occurrence
3.) General Property Damage $1,000,000 each occurrence
4.) Automobile Bodily Injury $1,000,000 per injury and $1,000,000 each occurrence
5.) Automobile Property Damage $1,000,000 each occurrence
6.) Professional Liability $500,000
7.) General Liability $1,000,000 per occurrence and $2,000,0000 aggregate
8.) Excess or Umbrella $1,000,000 per occurrence and $2,000,000 aggregate
Prior to commencing performance, the CONTRACTOR shall furnish the OWNER with a Certificate of
Insurance as evidence of the required insurance and such Certificate of Insurance as evidence of the
required insurance and such Certificate shall name the Village of Mamaroneck, the NYS Housing Trust
Fund Corporation, Office of Resilient Homes and Communities, and the State of New York as
additional insured. The Certificate shall provide for thirty (30) days written notice to the OWNER
prior to cancellation thereof. New, current certificates shall be provided at each policy renewal. The
OWNER, the NYS Housing Trust Fund Corporation, Office of Resilient Homes and Communities, and the
State of New York shall be listed as an additional insured on coverages furnished under 1-8 inclusive.
Workmen's Compensation. The Contractor shall take out and maintain during the life of this contract
the statutory Workmen's Compensation, Disability, and Employer's Liability insurance for all of his
employees to be engaged in work on the project under this Contract, and, in case any such work is
sublet, the Contractor shall require the Subcontractor similarly to provide Workmen's Compensation,
Disability and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.
Certificate form C-105.2 or State Fund Insurance Company form U-26.3 is required for proof of
compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board
form DB-120.1 is required for proof of compliance w8it h the New York State Disability Benefits Law.
Location of operation shall be "All locations in Westchester County, New York."
NOTE: Other generally recognized forms/certificates may be substituted for the above at the sole
discretion of the Village.
(Where an applicant claims to not be required to carry either a Worker's Compensation Policy or
Disability Benefits' Policy, or both, a temporary permit may be issued if the employer completes form
WC/DB-100 or, if applicable, form WC/DB-101. PLEASE NOTE THESE FORMS REPLACE FORM C-105.21.
THE APPROPRIATE REPLACEMENT FORM MUST BE NOTARIZED PRIOR TO BEING SUBMITTED TO THE
WORKER'S COMPENSATION BOARD, INFORMATION UNIT FOR INVESTIGATION AND REPORT).
If the employer is self-insured for Worker's Compensation, he should present a certificate from the New
York State Worker's Compensation Board evidencing that fact.
Upon the failure of the contractor to furnish, deliver and maintain such insurance as the above provided,
this contract may, at the election of the Village, be forthwith declared suspended, discontinued, or
terminated.
Failure of the contractor to take out and maintain any required insurance shall not relieve the contractor
from any liability under the contract, nor shall this insurance requirement be construed to conflict with
obligations of the contractor concerning incompletion. All required insurance must be in effect and
continued during the life of the contract.
The contractor's policy [and certificate of insurance provided to the Village] shall include:
General Liability / Auto Liability / Umbrella Liability
1. The Village of Mamaroneck shall be named as an additional insured and Waiver of Subrogation
on each of the above policies
2. The winning bidders Insurance is primary & non-contributory to any insurance the Village may or
may not have.
3. Insurers must have AM Best Rating of A- IX and above.
4. Insurers must be an admitted company in the state of New York.
5. An endorsement that the insurance company will give at least ten days' written notice to the
Village of Mamaroneck prior to modification or cancellation of any such policy.
6. The winning bidder's General Liability Insurance must not contain an Action Over [A/K/A Third
Party Action Over] or any similar exclusion on their General Liability insurance.
Workers' Compensation
1. Limits: equal to or above the NY Statutory required limits:
Coverage must include:
* The Village of Mamaroneck shall be included in a Waiver of Subrogation Endorsements
Proper certificates of insurance and/or binders will be accepted, provided they contain the above-listed
requirements.
All required insurance must be in effect and continued during the life of the contract, at the contractor's
expense, and is subject to the approval of the Village Attorney as to adequacy, form, and correctness.
NO PAYMENT WILL BE MADE TO THE CONTRACTOR UNTIL THE SUBMISSION AND APPROVAL OF THE
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INSURANCE CERTIFICATES.
RISKS AND INDEMNIFICATIONS ASSUMED BY THE CONTRACTOR:
The contractor shall be the insurer of the Village, its officers, agents and employees, against the following
distinct and several risks, whether they arise from acts or omissions of the contractor, of the Village, or of
third persons, excepting only risks which result solely from affirmative, willful acts of the Village
subsequent to the acceptance of the proposal:
1. The risk of loss or damage to the work prior to final payment. In the event of such loss or damage, the
contractor shall forthwith repair, replace, and make good the work without cost to the Village.
2. The risks of injuries or damages, direct or consequential, to the Village, its officers, agents and
employees, and to its or their property, arising out of or in connection with the performance of the
work, whether sustained before or after final payment. The contractor shall indemnify the Village, its
officers, agents, and employees for all such injuries and damages and for all loss suffered by reason
thereof.
3. The risk of claims and demands, just or unjust, by third persons against the Village, its officers, agents
and employees, arising or alleged to arise out of the performance of the work as well as for the use of
patents, patented articles, equipment or process, or a combination of any and all of the aforesaid,
whether made before or after final payment. The present undertaking of the contractor shall be
construed to extend to and to include claims and demands made or threatened to be made by third
person against the Village, or any of its employees or agents. The contractor shall indemnify the Village,
its officers, agents and employees, against and from all such claims and demands and for all loss and
expense incurred by it and them in the defense, settlement, or satisfaction thereof. Neither the
acceptance of the completed work nor payment therefore shall release the contractor from his
obligation under the Schedule, provided, however, that the risks and indemnifications assumed by the
contractor shall not insure directly or indirectly to the benefit of any insurer under policies of insurance
issued in compliance with this contract.
viii. ADDITIONAL INSURANCE REQUIREMENTS
The following Indemnification Agreement shall be and is hereby a provision of the contract and shall be
endorsed on the reverse sides of all Certificates of Insurance.
"The contractor agrees to protect, defend, indemnify and hold the Village of Mamaroneck, its officers,
employees and agents free and harmless from and against any and all losses, penalties, damages,
settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character
arising out of or relating to causes of action of every kind and character in connection with or directly or
indirectly out of this agreement and/or the performance thereof. Without limiting the generality of the
foregoing, any and all such claims, etc., relating to personal injury, death, damage to property, defects in
materials and workmanship, actual or alleged infringements of any patent, trademark or copyright (or
application for any thereof) or of any other tangible or intangible personal property right, or any actual or
alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree
of any court shall be included in the indemnity hereunder. The contractor further agrees to investigate,
handle, respond to, provide defense for and defend any such claims, etc., at his sole expense and agrees
to bear all other costs and expenses thereto, even if it (claim, etc.) is groundless, false, and fraudulent. In
any case in which such indemnification would violate Section 5-322.1 of the New York General
Obligations Law, or any other applicable legal prohibition, the foregoing provisions concerning
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indemnification shall not be construed to indemnify the owner for damage arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the owner or its
employees.
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