PROJECT MANUAL

FOR THE

CONTROLLED DEMOLITION OF

1 PRICE STREET

NUNDA, NEW YORK 14517

Prepared For:

Livingston County Land Bank Corporation 6 Court Street, Room 305 Geneseo, New York 14454

Prepared By:

LiRo Engineers, Inc.

85 Allen Street Rochester, NY 14608

Bid Documents August 11, 2025 i

BID DOCUMENTS

for

CONTROLLED DEMOLITION OF

1 PRICE STREET, NUNDA, NEW YORK

Date Issued:

Questions by:

Bids due by:

Bid Opening:

Refer Questions in Writing to:

Submit Sealed Proposals to:

Monday, August 11, 2025

Wednesday, August 20, 2025 at 5:00 pm

Wednesday, September 4, 2025 at 10:00 am

Wednesday, September 4, 2025 at 10:00 am in Room 303A of the Livingston County Government Center

Jason Colvin LiRo Engineers, Inc.

colvinj@liro-hill.com

Livingston County Land Bank Corporation Attn: Nate Cole, Community Development Specialist 6 Court Street – Room 305 Geneseo, NY 14454 mailto:colvinj@liro-hill.com ii

Controlled Demolition of 1 Price Street

Nunda, NY 14517

Contract Documents

Table of Contents

ARTICLE TITLE PAGE NUMBER

1 Notice to Bidders 1 2 Instruction to Bidders 2 3 General Requirements and Specifications 7 4 Bid Proposal Forms BF-1 5 Contract Sample C-1

GENERAL SPECIFICATIONS:

01 10 00 Summary 01 29 00 Payment Procedures 01 29 77 Measurement and Payment 01 33 00 Submittals 01 35 29 Health and Safety 01 50 00 Temporary Facilities and Controls 01 57 15 Emergency Spill Control 01 57 19 Construction Waste Management 01 74 13 Cleaning

TECHNICAL SPECIFICATIONS:

02 41 16 Structure Demolition 02 81 00 Waste Characterization, Removal and Disposal 02 82 13 Asbestos Removal 02 83 00 Lead Management 31 23 00 Excavation and Fill

LIST OF DRAWINGS:

Title Sheet

G-001 Drawing Notes D-100 1 Price Street - Site Location and Demolition Plan D-101 1 Price Street - Site Plan D-102 Photos

END OF TABLE OF CONTENTS

Advertisement for Bids

Controlled Demolition of 1 Price Street, Nunda, NY 14517

The Livingston County Land Bank Corporation is requesting sealed bids for the Controlled Demolition with Asbestos in Place of all structures located at 1 Price Street, Nunda, NY 14517.

The property is vacant, and the buildings are within the control of the Livingston County Land Bank Corporation.

The Land Bank disclaims any responsibility that representations made regarding conditions or quantities of materials will remain as they were when reviewed by the bidders during the bidding period, prior to award of the contract, or during the course of the work. The structures at the property have been determined to be structurally unsound and shall require demolition in accordance with the requirements of 12 NYCRR Part 56-11.5 (Controlled demolition with asbestos in place).

Bidding Documents may be viewed and downloaded through the Livingston County Land Bank’s website at:

https://livingstoncountylandbank.org/contractors-vendors/. If internet access is not available or if there are questions on obtaining bid documents, please contact the Livingston County Land Bank at (585) 243-7550.

A pre-bid site visit is not required, however, qualified contractors who wish to conduct a site visit prior to bid submission may do so by contacting Nate Cole via email at natecole@livingstoncountyny.gov. The site will be made available, by appointment only, on August 13, 2025 between the hours of noon and 3 pm.

Bids must be prepared and submitted in accordance with the Instructions to Bidders.

Sealed bids will be received at the Livingston County Land Bank Corporation office located at the Livingston County Government Center, 6 Court Street, Room 305, Geneseo, New York 14454 until September 4, 2025 at 10:00 am, prevailing time. The official time for the receipt of bids will be the time shown on the time stamp located in the Livingston County Land Bank Corporation office. It is the sole responsibility of bidders to ensure bid packages are received in a timely fashion. Bids will not be accepted via email or fax. Immediately following the bid submission deadline, received bids will be publicly opened in Room 303A of the Livingston County Government Center.

Bids must be submitted using the forms provided in the Bidding Documents. No bid guarantee/bid bond is required to accompany the bid submission. The selected bid awardee shall be required to provide a Performance Bond and Payment Bond covering faithful and satisfactory performance of the work contracted in an amount equal to one hundred percent (100%) of the contract amount.

mailto:natecole@livingstoncountyny.gov

INSTRUCTIONS TO BIDDERS

1. PROJECT:

The Livingston County Land Bank Corporation (the “Land Bank”) requires Controlled Demolition with Asbestos in Place of all structures located at 1 Price Street, Nunda, NY 14517. It is the intent of the Land Bank to contract with a Contractor and to establish a lump sum bid price to conduct this work.

Notwithstanding the details presented in the specifications, it shall be the responsibility of the bidder to verify the completeness of same to meet the intent of the specifications.

2. CONTACT:

Nate Cole, Community Development Specialist 6 Court Street – Room 305, Geneseo, New York 14454 Phone: (585) 243-7563 Email: natecole@livingstoncountyny.gov

3. DEFINITIONS:

(A) A “Bid” as a complete and properly signed proposal to sell and deliver to the Land Bank the services as described in the specifications, submitted in accordance with the Instruction to Bidders.

(B) A “Bidder” is a person or entity who submits a bid.

(C) “Contract Documents” shall consist of the Notice to Bidders, Instructions to Bidders, any Addenda issued, General Requirements and Specifications for Controlled Demolition, Livingston County Land Bank Corporation Bid Proposal, Non-Collusion Bidding Certification, Indemnification Agreement, Debarment Certification, Iran Divestment Act Certification, Lobbying Certification, Appendices A, B and C, Insurance Requirements, and Drawings and Specifications.

4. RECEIPT OF BIDS:

Sealed bids will be received at the Livingston County Land Bank Corporation office located at the Livingston County Government Center, 6 Court Street – Room 305, Geneseo, New York 14454 until Wednesday, September 4, 2025 at 10:00 am, prevailing time. This submittal of a bid will also add the Bidder to an official Registered Bidders list, which the Land Bank will use to contact bidders simultaneously if necessary. Any Bid received after the specified time will be returned to the Bidder unopened. Immediately following the bid submission deadline, received bids will be publicly opened in Room 303A of the Livingston County Government Center.

5. BIDDER’S REPRESENTATIONS:

By making a Bid, the Bidder represents and warrants to the Land Bank that:

(I) Bidder is able to furnish and install the materials required by the Contract Documents in the time frame set forth in said documents;

(II) Bidder has carefully examined the Contract Documents;

mailto:natecole@livingstoncountyny.gov

(III) Bidder fully understands the intent and purpose of the Contract Documents; and

(IV) The bid is based upon the specifications set forth in the Contract Documents without exception.

Claims for additional compensation and/or extension of time relating to such representations and warranties will not be allowed.

6. INTERPRETATION OR CORRECTION OF CONTRACT DOCUMENTS:

No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Any request for such an interpretation shall be made in writing and submitted via email to Jason Colvin, (LiRo Engineers, Inc.) at colvinj@liro-hill.com no later than 5:00 pm on Wednesday August 20, 2025.

Any interpretation made to a Bidder will be in the form of a written Addendum which shall be posted through the Livingston County Land Bank’s website at: https://livingstoncountylandbank.org/contractors-vendors/. It shall be the Bidder’s responsibility to make inquiry prior to submitting a Bid as to any Addenda issued. All issued Addenda shall become part of the Contract Documents and each Bidder shall be bound by such Addenda, whether or not received by the Bidder.

7. SALES TAX EXEMPTION:

The Land Bank is exempt from payment of sales and compensation use taxes under the Tax Law of the State of New York. Bidders are not to include sales or use taxes in their Bid price.

8. PREVAILING WAGE:

Prevailing wage applies to this project. NYSDOL Original Prevailing Wage Schedule PRC# 2025006079 has been obtained for this project. The original wage schedule can be viewed in its entirety by visiting:

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt

9. PREPARATION OF BID AND PROPOSAL REQUIREMENTS:

(A) Bids must be submitted on the Bid Forms (ARTICLE 4) included in the Contract Documents and prepared in the following manner:

1. All pages of the Bid Forms (Pages BF-1 through BF-15) must be completed and returned as the

Bid Proposal.

2. All blank spaces on the Bid Form shall be filled in legibly, in ink or typewritten.

3. Erasures and alterations must be initialed by the signer of the Bid.

4. The Bidder shall not make any changes in the wording of the Bid Forms or make any stipulations or qualify the Bid in any manner.

5. The Bidder shall note the receipt of Addenda in the spaces provided on the Bid Forms by entering the number and the date of each Addendum. If no Addenda have been received, insert the word “NONE”. Failure to acknowledge Addenda shall be sufficient cause for rejection of the Bid.

6. The Bid must be signed by the person legally authorized to bind the Bidder to a contract. The name of the person signing the Bid must be typed or printed below the signature.

(B) Contractor shall provide with the Bid Forms a list of at least three (3) relevant client references for residential demolition projects completed in the past ten (10) years.

(C) Contractor shall provide with the Bid Forms a resume describing the qualifications and background of the primary contact person and other key staff to be assigned to this project.

10. SUBMISSION OF BIDS:

(A) The Bid must be submitted in a sealed opaque envelope marked on the outside with the Bidder’s name and address and the notation “CONTROLLED DEMOLITION OF 1 PRICE STREET”. The envelope shall be addressed to Nate Cole, Community Development Specialist, Livingston County Land Bank Corporation, 6 Court Street – Room 305, Geneseo, New York 14454.

11. MODIFICATIONS OR WITHDRAWAL OF BIDS:

(A) A Bid may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the scheduled time for opening of Bids.

(B) A Bid may not be modified, withdrawn, or canceled for a period of forty-five (45) days after the date of the Bid opening; thereafter, a Bidder may withdraw his/her Bid only by a written notice of withdrawal submitted in advance of the Bid award.

12. BIDDERS’ QUALIFICATIONS:

The Land Bank may make such investigation as it deems necessary to determine the qualifications and ability of a Bidder to perform under the Contract, and the Bidder shall promptly furnish to the Land Bank all such information and data that the Land Bank may request for this purpose. The Land Bank reserves the right to reject any Bid where an investigation of the available evidence or information does not satisfy the Land Bank that the Bidder is properly qualified or able to carry out the obligations of the Contract.

Bidders must meet the following minimum qualifications:

(A) If required for the trade or by the local municipality, the Contractor must be legally licensed in New York State.

(B) Demonstrate prior experience in the demolition of residential property in accordance with applicable codes, standards, rules, and regulations, including at least three (3) relevant demolition projects within the past ten (10) years.

(C) Demonstrate prior experience in the demolition of residential property in accordance with the requirements of 12 NYCRR Part 56-11.5 where demolition is conducted with potential asbestos in place.

(D) Maintain a valid NYS Department of Labor asbestos handling license at the time of bidding and execution of this controlled demolition work.

(E) Have the capacity to provide all labor and equipment to demolish all structures on the subject property, including, but not limited to houses, garages, sheds, pool, driveways and sidewalks. In addition, have the capacity to provide all labor and equipment to remove any necessary trees and shrubbery as necessary to complete the specified scope of work.

(F) Provide references for at least three (3) prior demolitions in the past ten (10) years.

13. EQUAL OPPORTUNITY

The Bidder represents that, in conducting the activities described in the awarded contract, the Bidder shall not and will not discriminate in its activities and operations on the basis of age, race, creed, ethnicity, color, religion, sex, sexual orientation, national origin, disability, marital status or any other basis that is prohibited by federal, state, or local law. The Contractor also agrees that it will act with the highest professional standards.

14. SUBRECIPIENTS AND SUBCONTRATORS

The awarded Bidder agrees to hold subrecipients and subcontractors to all terms and conditions of the awarded contract.

15. INSURANCE

The successful Bidder shall procure and maintain for the entire term of this Agreement, without additional expense to the Land Bank, insurance policies of the kinds and amounts described in APPENDIX C of the Bid Forms - LIVINGSTON COUNTY LAND BANK CORPORATION STANDARD CONTRACT INSURANCE REQUIREMENTS.

Such policies may only be changed upon thirty (30) days prior written approval by the Land Bank.

16. CONSIDERATION OF BIDS; ACCEPTANCE OF BID:

(A) The Land Bank shall have the right to reject any and all Bids; to reject a Bid not accompanied by the required Bid security or by other data required by the Contract Documents; to reject a Bid which is in any way incomplete or irregular; and to waive any informality in a Bid.

(B) The Land Bank will consider the total number of air monitor days in awarding the Bid.

(C) The Land Bank shall award the Bid to one Bidder for the total amount indicated on the Bid Form.

(D) The acceptance of a Bid by resolution of the Livingston County Land Bank Board of Directors shall bind the successful Bidder to comply with the terms and conditions of the Contract Documents.

17. PERMITS AND FEES

The awarded Bidder is required to obtain and pay for all permits, if any, associated with the demolition and transportation of materials.

18. TRAFFIC CONTROL

The awarded Bidder will be responsible for providing any traffic control or roadway closures.

19. UTILITIES

The successful Bidder shall be solely responsible for disconnection of services from the premises as described in the scope of work and the protection of the operating condition of all active utilities within the area of construction and s/he shall take all necessary precautions to avoid damage to existing adjacent utilities.

20. CANCELLATION CLAUSE:

In the event of a breach of the awarded contract by the successful Bidder, the Bidder shall not be entitled to payment of the contract price or any other compensation. The awarded Bidder shall be responsible for paying to the Land Bank all direct and consequential damages caused by the breach, including, but not limited to, all sums expended by the Land Bank to procure a substitute contractor to satisfactorily complete the work, together with the Land Bank’s costs incurred in procuring a substitute contractor.

The Land Bank may, at any time, terminate the Contract for its convenience and without cause upon a written ten (10) day notice being mailed to the awarded Bidder. In this event, any monies owing by the Land Bank for services completed prior to cancellation or termination shall be paid to the Bidder.

21. AWARD OF BID:

The award will be made within forty-five (45) days after the opening of the Bids and prices shall remain firm for this period of time, or until the Bid expires.

22. LENGTH OF CONTRACT:

The successful Bidder shall have forty-five (45) calendar days from Notice to Proceed to complete the demolition as defined in the scope of work.

ARTICLE 3

GENERAL REQUIREMENTS AND SPECIFICATIONS FOR

CONTROLLED DEMOLITION OF 1 PRICE STREET, NUNDA, NY

SCOPE OF WORK

In response to this bid solicitation, please bid a price that covers the Controlled Demolition with Asbestos in Place of ALL STRUCTURES located at the address listed herein, for all labor, materials, equipment, supplies, and incidentals as necessary and required to complete the work as outlined below.

• The Contractor will provide the Land Bank with at least forty-eight (48) hours’ notice prior to commencing work at the property.

• The Contractor shall obtain, at its sole cost and expense, all permits, authorizations, approvals, and licenses necessary for the planning, performance, and completion of the work in accordance with the requirements of the respective municipal agencies and other authorities having jurisdiction.

• The Contractor shall comply with all federal, state, county, city, town and other applicable laws, ordinances, rules, and regulations and all orders and rules of any duly constituted authorities affecting the property or bearing on the performance of the work. This includes but is not limited to NYSDOL Part 56 and all applicable stormwater regulations.

• The Contractor shall follow all requirements of the Contract Documents and provided Specifications and Contract Drawings, including all addenda.

• The Contractor will provide before and after time/date stamped photos of property features to remain.

• The Contractor will contact Dig Safely NY at least forty-eight (48) hours prior to beginning any excavation at the property and not proceed with any excavation until Dig Safely NY has completed their work and appropriately marked all utilities.

• The contractor shall be responsible for the proper termination of site utilities (gas, electricity, water, sewer, communication) of the structures to be demolished. The contractor shall coordinate utility disconnects with the owner of each utility, as applicable. Waterline is reported to be damaged and shall be removed back to the curb stop. Stake curb stop for identification and location, if applicable.

Sewer line shall be terminated and staked for identification and location. The contractor will arrange for proper cap off of all water/sewer/utility connections and protect, stabilize, and mark such connections before commencing any work. All water wells shall be plugged and capped.

• The Contractor will demolish all buildings, structures, fences and driveways on, in, or upon the identified work area limits. Trees and other shrubs will be removed only as necessary to accommodate the Work.

• The Contractor shall not place equipment or dumpsters on any roadways without proper traffic control and approval by the appropriate Highway Superintendent.

• The Contractor will completely remove all construction materials and any contents of the demolished structures from the property. The Contractor will arrange for transportation of the construction materials and any contents of the demolished structures to lawful disposal, storage, or recycling locations, as necessary.

• The Contractor will remove all trash, scrap and debris from the entire work are limits (shown on Figures D-100 and D-101).

• The Contractor will backfill and finish grade areas backfilled and/or damaged as a result of the Contract Work so that there is no standing water on the property or adverse drainage impacts to the adjacent properties.

Work Progress & Completion

• The work schedule shall be coordinated between the Land Bank and the Contractor.

• All specified work shall commence within 30 days of the Notice to Proceed and be completed no later than 45 days from the issuance of the Notice to Proceed to the Contractor, unless otherwise agreed to.

• The Contractor shall limit work to normal business working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, except as otherwise indicated. Work hours shall be limited to a standard 8-hour workday.

Livingston County Land Bank Corporation – Required Bid Forms

MUST COMPLETE THIS FORM AND SUBMIT WITH BID

Page BF-1

ARTICLE 4

LIVINGSTON COUNTY LAND BANK

BID PROPOSAL FORMS

TO: Livingston County Land Bank Corporation

FOR: Controlled Demolition of 1 Price St, Nunda, NY:

The undersigned Bidder has carefully examined the form and content of the Contract Documents, has examined the site of the work, and hereby proposes to furnish all necessary plant, labor, materials, equipment, and tools required to perform and complete the work in strict accordance with the Contract Documents.

The undersigned has read, understands and agrees to comply with all terms and conditions set forth in this

Contract Documents.

The undersigned Bidder agrees to submit to all conditions reported, intended, or implied, both particularly and generally by the Contract Documents at the prices herein stated.

The undersigned Bidder also agrees as follows:

1) If this Bid Proposal is accepted, to execute the Contract within ten (10) calendar days of the date of

"Notice of Award” of Contract and furnish to the Land Bank satisfactory insurance documentation.

2) Work shall be progressed to meet the following schedule:

Begin work within 30 calendar days from the date of the Notice to Proceed.

Complete work within 45 calendar days from the date of the Notice to Proceed.

3) To pay the Land Bank $600.00 in liquidated damages for each calendar day of delay in completing the work beyond the specified times of completion or within the times to which such completion may have been extended in accordance with the Contract Documents.

Proposals may be considered informal and may be returned to the Bidder if all blank spaces in the Bid Proposal are not filled in.

BIDDER: (Company Name) (Type or Print)

BY: (Person submitting for Company) (Signature)

(Type or Print Name and Title)

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Page BF-2

Equal Employment Opportunity (EEO) Policy Statement

a. The LCLBC will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts.

b. All Respondents to this RFP will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status.

c. At the request of the LCLBC’s Grantor funding this project, the LCLBC shall request each employment agency, labor union, or authorized representative for a statement that it will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of this organization's obligations herein.

d. The hired Respondent shall comply with the provisions of the Human Rights Law, all other state and federal statutory and constitutional non-discrimination provisions. Respondent and all subconsultant(s) shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to nondiscrimination on the basis of prior criminal conviction and prior arrest.

e. The LCLBC will include the provisions of sections (a) through (d) of this agreement in every contract in such a manner that the requirements of the subdivisions will be binding upon each contractor as to work in connection with the grant contract.

MWBE Policy Statements

LCLBC is required by the Homes and Community Renewal (HCR) grant agreement to achieve twenty

(20) percent MBE and ten (10) percent WBE participation. The LCLBC will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participation goals set by the State for that area in which the State-funded project is located, by taking the following steps:

a. Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations.

b. Request a list of State-certified M/WBEs from Agency(ies) and solicit bids from them directly.

c. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs.

d. Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation.

e. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof.

Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals.

f. Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.

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Page BF-3

APPENDIX A

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor" herein refers to any party to the contract, other than the Livingston County Land Bank Corporation (herein after "Land Bank").

I. NON-ASSIGNMENT CLAUSE. In accordance with Section 109 of the General Municipal Law, this contract may not be assigned by the contractor or its right, title or interest there in assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the Land Bank and any attempts to assign the contract without the Land Bank’s written consent are null and void.

II. WORKER'S COMPENSATION BENEFITS. In accordance with Section 108 of the General Municipal Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

III. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or

(b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

IV. HOURS PROVISIONS. 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 statute, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department.

V. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 103-d of the General Municipal Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at

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Page BF-4 independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the Land Bank a non-collusive bidding certification on Contractor's behalf.

VI. SET-OFF RIGHTS. The Land Bank shall have all of its common law and statutory rights of set-off. These rights shall include, but not be limited to, the Land Bank's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the Land Bank with regard to this contract.

VII. RECORD-KEEPING REQUIREMENT. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract for a period of six (6) years following final payment or the termination of this contract, whichever is later, and any extensions thereto.

Any person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying.

"Termination of this contract", as used in this clause 10, shall mean the later of completion of the work of the contract or the end date of the term stated in the contract.

VIII. CONFLICTING TERMS. In the event of a conflict between the terms of the contract

(including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

IX. GOVERNING LAW. This contract shall be governed by the laws of the State of New

York except where the Federal supremacy clause requires otherwise.

X. NO ARBITRATION AND SERVICE OF PROCESS. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. All actions shall be venued in Livingston County.

Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

XI. BUDGETED FUNDS. This contract is executory only to the extent of funds available and the Land Bank shall incur no liability beyond the funds appropriated therefore.

XII. APPROVAL OF BOARD OF DIRECTORS. This contract is subject to and conditioned upon approval by the Livingston County Land Bank Corporation’s Board of Directors.

XIII. INCORPORATION. The main contract contains a paragraph incorporating the terms of this appendix by reference and the parties herein have further signed and dated this appendix.

Page BF-5

Contractor

(Signature of Authorized Official Required)

Page BF-6

APPENDIX B

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor" herein refers to any party to the contract, other than the Livingston County Land Bank Corporation (herein after "Land Bank").

I. The Land Bank shall have the right to postpone, suspend, abandon or terminate this contract, and such actions shall in no event be deemed a breach of contract. In the event of any termination, postponement, delay, suspension or abandonment, the Contractor shall deliver to the Land Bank all data, reports, plans, or other documentation related to the performance of this contract, including but not limited to guarantees, warranties, as-built plans and shop drawings. In any of these events, the Land Bank shall make settlement with the Contractor upon an equitable basis as determined by the Land Bank, which shall fix the value of the work which was performed by the Contractor prior to the postponement, suspension, abandonment or termination of this contract. This clause shall not apply to this contract if the contract contains other provisions, exclusive of termination date, applicable to postponement, suspension or termination of the contract.

II. The Contractor agrees that it will indemnify and save harmless the Land Bank from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against it by reason of and to the extent of any negligent omission or act of the contractor, its agents, employees, or subcontractors in the performance of this contract. This indemnification shall include all costs and disbursements incurred by the Land Bank in defending any suit, including attorneys' fees. Furthermore, at the option of the Land Bank, the Contractor shall provide defense for and defend all claims, demands and causes of action referred to above, and bear all other costs and expenses related thereto. The Contractor shall not be required to indemnify the Land Bank for any damage or loss arising out of the negligence or willful misconduct of the Land Bank, it’s agents or employees.

A. The Contractor warrants that to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as herein defined, or that the Contractor has disclosed all such relevant information to the Land Bank.

B. An organizational conflict of interest exists when the nature of the work to be performed under this contract may, without some restriction on future activities, either result in an unfair competitive advantage to the Contractor or impair the Contractor's objectivity in performing the work for the Land Bank.

C. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the contractor will make a full disclosure in writing to the Land Bank. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the

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Land Bank, to avoid, mitigate, or minimize the actual or potential conflict.

D. Remedies - The Land Bank may terminate this contract in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest.

If the Contractor was aware, or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Land

Bank, the Land Bank may terminate the contract, or pursue such other remedies as may be permitted by the law or this contract. The terms of Clause I of this Appendix B or other applicable contract provision regarding termination shall apply to termination by the Land Bank pursuant to this clause.

E. The Contractor further agrees to insert in any subcontract hereunder, provisions which shall conform to the language of this clause.

III. All requests for payment by the Contractor must be submitted on forms supplied and approved by the Land Bank. Each payment request must contain such items of information and supporting documentation as required by the Land Bank, and shall be all inclusive for the period of time covered by the payment request.

IV. To the extent that federal funds are provided to the Contractor under this contract, the Contractor agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized.

The Contractor further agrees to insert in any subcontract hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph.

V. The Contractor shall have the status of an independent contractor, and in accordance with such status, agrees that it will conduct itself in a manner consistent with such status, and that it will neither hold itself out as, nor claim to be, an officer or employee of the Land Bank by reason of this contract. It further agrees that it will not make against the Land Bank any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Land Bank, including but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit.

VI. In the event of a conflict between the terms between this Appendix B and the terms of the Contract (including any and all attachments thereto and amendments thereof, but not including Appendix A), the terms of this Appendix B shall control. In the event of a conflict between the terms of this Appendix B and Appendix A, the terms of Appendix A shall control.

VII. The main contract shall contain a paragraph incorporating the terms of this appendix by reference and the parties therein shall further sign and date this appendix.

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APPENDIX C

LIVINGSTON COUNTY LAND BANK CORPORATION

STANDARD CONTRACT INSURANCE REQUIREMENTS

I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of the Livingston County Land Bank Corporation as an additional insured on the contractor's insurance policies, with the exception of workers' compensation and professional errors and omissions.

The contractor must provide an additional insured endorsement. A statement on the contractor’s insurance certificate that the Livingston County Land Bank Corporation is an additional insured is not sufficient. The form of the additional insured endorsement must be approved by the Livingston County Land Bank Corporation’s Attorney.

II. The policy naming the Livingston County Land Bank Corporation as an additional insured shall:

Be an insurance policy from an A.M. Best rated "secured" New York State licensed insurer;

State that the organization's coverage shall be primary coverage for the Livingston County Land Bank Corporation, its Board, employees and volunteers. Any insurance maintained by the Livingston County Land Bank Corporation shall be in excess of the contractor’s insurance, and shall not contribute with it.

III. The contractor agrees to indemnify the Livingston County Land Bank Corporation for any applicable deductibles or self insurance reserves.

IV. Required Insurance:

Commercial General Liability Insurance, including Completed Operations Coverage for construction contracts

$1,000,000 per occurrence/per location or per project aggregate (for more than one location), $2,000,000 in the annual aggregate, $2,000,000 products/completed operations aggregate.

Workers' Compensation Statutory Workers' Compensation and Employers' Liability Insurance for all employees.

Professional Errors and Omissions Insurance (If professional service contract) $1,000,000 per occurrence/ $2,000,000 aggregate for the negligent professional acts of the contractor.

Comprehensive Automobile Insurance meeting the following requirements:

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In an amount not less than $1,000,000, for all owned, leased, non‐owned and hired automobiles. If no owned autos, coverage may be extended from the CGL policy.

Waiver of Subrogation.

30 day notice of cancellation endorsement.

LIVINGSTON COUNTY LAND BANK CORPORATION and LIRO ENGINEERS, INC. shall be covered as Additional Insureds under the policy.

Evidence of Property Insurance - to be furnished prior to commencing work on any property.

Environmental Pollution Liability with limits of liability not less than $1,000,000.

V. The contractor is to provide the Livingston County Land Bank Corporation with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities and upon each renewal thereafter.

Contractor or its insurance carrier(s) shall provide the Livingston County Land Bank Corporation with thirty (30) days prior written notice of cancellation, reduction of insurance or material coverage change of the required insurance policies. Such notice shall be mailed to the Livingston County Land Bank Corporation, Livingston County Government Center, 6 Court Street, Room 305, Geneseo, New York 14454 and shall include the date and subject matter of the original contract. Contractor acknowledges that failure to obtain such insurance on behalf of the Livingston County Land Bank Corporation, or the failure to provide such notices, constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Livingston County Land Bank Corporation, including termination of the contract.

The failure of the Livingston County Land Bank Corporation to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Livingston County Land Bank Corporation.

VI. If at any time any of the policies required herein shall be or become unsatisfactory to the Livingston County Land Bank Corporation, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Land Bank, the contractor shall upon notice to that effect from the Land Bank, promptly obtain approval and submit a certificate thereof. Upon failure of the contractor to furnish, deliver, and maintain such insurance, the Agreement, at the election of the Land Bank, may be declared suspended, discontinued or terminated. Failure of the contractor to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the contractor concerning indemnification. All property losses shall be made payable to and adjusted with the Land Bank.

In the event that claims, for which the Livingston County Land Bank Corporation may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess or such claims or any portion thereof, may be withheld from

MUST COMPLETE THIS FORM AND SUBMIT WITH BID

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VII. ADDITIONAL INSURED ENDORSEMENT AND CERTIFICATE OF

INSURANCE:

The contractor shall file with the Livingston County Land Bank Corporation, prior to commencing work under this contract, an additional insured endorsement and a Certificate of Insurance, which shall include:

a. Name and address of insured

b. Issue date of certificate

c. Insurance company name

d. Type of coverage in effect

e. Policy number

f. Inception and expiration dates of policies included on certificate

g. Limits of liability for all policies included on certificate

h. Certificate holder shall be Livingston County Land Bank Corporation, Livingston

County Government Center, 6 Court Street, Room 305, Geneseo, New York 14454- 1043.

i. Description of contract for which insurance is being provided.

j. Insurance agents name, address and phone number.

VIII. REQUIREMENTS FOR ALL INSURANCE INCLUDE:

1. The successful Bidder shall furnish Certificates of Insurance to the Land Bank and corresponding policy endorsements setting forth the above-mentioned required coverage prior to entering the property or commencing any work;

2. All insurance policies shall contain endorsements requiring the carrier to give at least thirty (30) days prior notice of cancellation to the Land Bank and include a waiver of subrogation.

3. All required insurance shall be primary and non-contributory to any insurance maintained by the Land Bank;

4. The named insured on the Certificates of Insurance must be the successful Bidder’s full legal name;

5. All policies must be current, not expired, and include all required endorsements;

6. Certificates of Insurance must be signed by an authorized representative of the insurance carrier;

7. Additional Insured/ Certificate holder/ (as required above) must appear as:

LIVINGSTON COUNTY LAND BANK CORPORATION

6 Court Street, Room 305 Geneseo, NY 14454

LIRO ENGINEERS, INC.

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8. It is expressly understood and agreed by the Bidder that the insurance requirements specified above contemplates the use of occurrence liability forms. If claims-made coverage is evidenced to satisfy any of these requirements the Bidder shall comply with the following requirements:

9. If the claims-made coverage terms designate a specific retroactive date, the Bidder shall maintain a retroactive date which is not later than the earlier of

a. the date of the commencement of the term of the awarded contract, or

b. the original coverage retroactive date for the Bidder’s first claims-made policy for each and every coverage provided on a claims-made basis.

10. For the duration of the awarded contract or its subsequent renewals, if the retroactive date is advanced or if the policy is non-renewed, cancelled or is otherwise materially changed, the Bidder agrees to purchase at its own expense, an Extended Reporting Endorsement. This endorsement must provide for an extended reporting period (“Tail” coverage) in compliance with the minimum standards promulgated by the Department of Financial Services (Insurance Department) of the State of the New York as contemplated in Regulation No.

121 (11 NYCRR 73) or its subsequent amendments or revisions.

11. Upon termination of the services provided to the Land Bank by the awarded Bidder, it is agreed that such claims-made coverage will be maintained without interruption for a period of time equal to the length of any Extended Reporting Period requirement as cited above. If the retroactive date is advanced or if the policy is non-renewed, cancelled, or is otherwise materially changed during this period of time, the Bidder agrees to purchase, at its own expense, an Extended Reporting Endorsement that is in compliance with the minimum insurance standards promulgated by the Department of Financial Services (Insurance Department) of the State of the New York as cited above.

g. Limits of liability for all policies included on certificate

k. Certificate holder shall be Livingston County Land Bank Corporation, Livingston

County Government Center, 6 Court Street, Room 305, Geneseo, New York 14454- 1043.

l. Description of contract for which insurance is being provided.

m. Insurance agents name, address and phone number.

Date

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Appendix D

PROPOSER CERTIFICATION

Each Proposer must initial each section below, complete the signature block and return this page with their proposal.

Failure to do so may be grounds for proposal rejection.

1. You acknowledge receipt of addenda number through or N/A.

2. If awarded an Agreement from this RFP, prior to Agreement execution, you agree to satisfy all compliance requirements listed in this RFP.

3. To the best of your knowledge, your firm is not in violation of any local, state or federal tax law.

4. You certify your proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation; you have not solicited or induced any person, firm or corporation to refrain from proposing and you have not sought by collusion or fraud to obtain any advantage over any other Proposer or LCLBC.

5. You certify that a) your firm has no business or person relationships with any other company or person that could be considered a conflict of interest to LCLBC; and b) the Key Personnel identified to perform work under an awarded Agreement and/or the principals of your firm do not have any business or personal relationships with any LCLBC officer or employee that is clearly disclosed in your proposal.

6. The undersigned warrants that he / she is an authorized representative of the Proposer; has read, understands and agrees to be bound by all RFP instructions, work requirements and Agreement terms and conditions contained herein (including all addenda issued for this RFP); that the information provided in your proposal is true and accurate; and that providing incorrect or incomplete information may be cause for proposal rejection or Agreement termination.

SIGNATURE BLOCK

Respondent’s Legal Business Name:

Signature: Date of Proposal:

Printed Name & Title:

Phone Number: Email Address:

Mailing Address:

Primary Point of Contact for this Proposal (if different):

Phone Number: Email Address:

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Appendix E

REQUIRED FORMS

PRICE PROPOSAL FORM

A detailed fee schedule must be attached. The fee schedule supplied will include all items of labor, materials, travel, equipment, and other costs necessary to fully provide the requested services.

BID PRICE

Pursuant to and in compliance with the "Advertisement", the "Instructions to Bidders" and "Bid Proposal Form" relating thereto, the Bidder hereby agrees to furnish all plant, labor, materials, supplies, equipment…