36 South Street_Proj Manual New Date.pdf

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RENOVATIONS OF 36 SOUTH STREET LEICESTER, NEW YORK
Solicitation number
2127225
Issued by
Montgomery County, New York

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Project Manual and Bid Documents Summary

This is a Project Manual and Bid Documents package for the Livingston County Land Bank Corporation seeking renovation services for a residential property located at 36 South Street, Leicester, New York. The scope of work encompasses complete renovation of the main structure and site, including all labor, materials, equipment, and supplies necessary for carpentry, installations, painting, mechanical, electrical, and plumbing work as defined in the contract drawings and specifications. The project includes hazardous building material abatement, utility connections, landscaping, yard cleanup, construction waste removal, and certificate of occupancy acquisition. Sealed bids were due on Thursday, October 23, 2025, at 10:00 a.m. at the Livingston County Government Center, 6 Court Street, Room 305, Geneseo, New York 14454, with public bid opening scheduled for the same date and time in Room 303A. The contractor must commence work within 30 calendar days of receiving the Notice to Proceed and complete all work within 120 calendar days. The limited asbestos-containing material (ACM) inspection report identified four areas requiring ACM abatement: 9x9" streaked gray floor tile and associated mastic (55 square feet), wall tile adhesive (70 square feet), window caulk (3 square feet), and old roof tar (1 square foot).

Bids must be submitted as lump sum proposals accompanied by a 5% bid bond payable to the Livingston County Land Bank Corporation, with the successful bidder required to provide a Performance Bond and Payment Bond equal to 100% of the contract amount. New York State Department of Labor prevailing wage rates apply to this work. The Land Bank is exempt from sales and compensation use taxes, and bidders must exclude such taxes from their proposals. Bidders must demonstrate prior residential renovation experience within the past five years, provide three relevant client references, submit proof of insurance meeting specified requirements (including Commercial General Liability of $1,000,000 per occurrence/$2,000,000 aggregate, Worker's Compensation, Automobile Liability of $1,000,000, and Environmental Pollution Liability of $1,000,000), and execute multiple certifications including Non-Collusion Bidding, Debarment, Iran Divestment Act Compliance, and Lobbying Certifications. The contract documents incorporate Appendices A, B, and C establishing standard terms including non-assignment clauses, worker's compensation requirements, non-discrimination provisions, prevailing wage hours, set-off rights, record-keeping requirements for six years post-completion, and New York State governing law. Minority and Women Business Enterprise (MWBE) contracting goals have been established at 20% for MBE and 10% for WBE. The award will be made within 45 days of bid opening, with bid prices remaining firm for this period or until bid expiration.

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PROJECT MANUAL

FOR THE

RENOVATIONS OF

36 SOUTH STREET

LEICESTER, NEW YORK

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

October 1, 2025

Bid Documents for

RENOVATIONS OF

36 SOUTH STREET, LEICESTER, NY

Date Issued: Wednesday, October 1, 2025

Bids due by: Thursday, October 23, 2025, at 10:00 am

Bid Opening: Thursday, October 23, 2025, at 10:00 am in Room

303A of the Livingston County Government Center (6

Court Street, Geneseo NY)

Refer Questions in Writing to: Jeffrey Perkins perkinsj@liro-hill.com

Submit Sealed Proposals to: Livingston County Land Bank Corporation

Attn: Megan Crowe, Executive Director

6 Court Street – Room 305

Geneseo, NY 14454 mailto:perkinsj@liro-hill.com

Renovations Of

36 South Street, Leicester, NY

Contract Documents

Table of Contents

ARTICLE TITLE PAGE NUMBER

1 Notice to Bidders 1

2 Instruction to Bidders 2

3 General Requirements and Specifications 11

4 Bid Document 13

TECHNICAL SPECIFICATIONS:

See drawing notes only.

LIST OF DRAWINGS:

DRAWING No: TITLE

G-001 DRAWING NOTES

G-100 36 SOUTH ST. - SITE LOCATION AND TAX MAP

G-101 36 SOUTH ST. - SITE PLAN

EC-1 EXISTING CONDITION FLOOR PLANS

D-1 DEMOLITION FLOOR PLANS

A-0 BASEMENT FLOOR PLAN

A-1 FIRST AND SECOND FLOOR PLANS

U-101 36 SOUTH ST. - BASEMENT UTILITY CONSTRUCTION PLAN

U-102 36 SOUTH ST. - FIRST FLOOR UTILITY CONSTRUCTION PLAN

U-103 36 SOUTH ST. - SECOND FLOOR UTILITY CONSTRUCTION PLAN

H-101 36 SOUTH ST. - HAZARDOUS BUILDING MATERIAL ABATEMENT PLAN

ADDITIONAL INFORMATION:

Limited Asbestos Containing Material Inspection Report

END OF TABLE OF CONTENTS

ARTICLE 1

Livingston County Land Bank Corporation

Advertisement for Bids

Renovations Of 36 South Street, Leicester, NY

The Livingston County Land Bank Corporation is requesting sealed bids for the renovation of the main structure located at 36 South Street, Leicester, New York.

The property is unoccupied, 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 work.

Bidding Documents

Bidding Documents may be viewed and downloaded from the Livingston County Land Bank’s website at https://livingstoncountylandbank.org/contractors-vendors/ or by contacting Nathan Cole, Principal Community

Development Specialist at (585) 243-7563 or NateCole@livingstoncountyny.gov.

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 6 Court Street, Room 305, Geneseo, New York 14454 until Thursday October 23, 2025, at 10:00 am, prevailing time, at which time they will be publicly opened. 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. Bid Opening:

Thursday, October 23, 2025, at 10:00 am in Room 303A of the Livingston County Government Center (6 Court

Street, Geneseo)

Bid Bond

Bids must be submitted using the forms provided in the Bidding Documents and shall be accompanied by a Bid

Bond payable to the Livingston County Land Bank Corporation in the amount of 5% of the total bid amount. If upon acceptance of a bid, a bidder fails to enter into a contract with the Livingston County Land Bank Corporation, the Bid Bond shall be forfeited to the Land Bank. A certified bank check will not be accepted. Selected bid awardee shall also 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.

https://livingstoncountylandbank.org/contractors-vendors/ mailto:NateCole@livingstoncountyny.gov

ARTICLE 2

Instructions to Bidders | Page 2

INSTRUCTIONS TO BIDDERS

1. PROJECT:

The Livingston County Land Bank Corporation (the “Land Bank”) requires renovation of the main structure located at 36 South Street, Leicester, New York. 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 Project Manual, shall be the responsibility of the bidder to verify the completeness of same to meet the intent of the contract documents.

2. EXECUTIVE DIRECTOR:

Megan Crowe, 6 Court Street – Room 305, Geneseo, New York 14454.

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 Project Manual, 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 Renovations, Livingston County Land Bank

Corporation Bid Packet, 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 Thursday October

23, 2025, at 10:00 am, prevailing time, at which time they will be publicly opened. Any Bid received after the specified time will be returned to the Bidder unopened. Bid Opening: Thursday October 23, 2025, at 10:00 am 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;

(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.

Instructions to Bidders | Page 2

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 Jeffrey Perkins, (LiRo Engineers, Inc.) at perkinsj@liro.com. Any interpretation made to a Bidder will be in the form of a written Addendum. It shall be the Bidder’s responsibility to make inquiry prior to submitting a Bid as to any Addenda issued on the County website. 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:

Please note that NYS Department of Labor PREVAILING WAGE RATES DO APPLY TO THIS WORK.

9. PREPARATION OF BID AND PROPOSAL REQUIREMENTS:

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

1. All blank spaces on the Bid Proposal Form shall be filled in legibly, in ink or typewritten. If both words and figures are requested, the written words shall be binding on the Bidder. In the event of an error in the sum total of the Bid, the Bid shall be the sum total of all items in written words.

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

3. The Bidder shall not make any changes in the wording of the Bid Proposal Form or make any stipulations or qualify the Bid in any manner.

4. The Bidder shall note the receipt of Addenda in the spaces provided on the Bid Proposal Form 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.

5. 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.

6. The Bid will include an estimated work and completion schedule.

(B) List of at least three (3) relevant client references for residential renovation projects completed in the past five (5) years.

(C) Resume describing the qualifications and background of the primary contact person and other key staff to be assigned to this project.

(D) Project schedule that includes an estimated begin and end date for this project.

(E) Proof of insurance meeting the requirements indicated in “Section 24 – Insurance” below, must be submitted with each Bid.

(F) An executed Indemnification Agreement (ARTICLE 6) must be submitted with each Bid.

(G) An executed Debarment Certification (ARTICLE 7) must be submitted with each Bid.

(H) An executed Non-Collusion Bidding Certification (ARTICLE 5) required by Section 103-d of the General

Municipal Law must be submitted with each Bid.

Instructions to Bidders | Page 3

(I) An executed Certification of Compliance with the Iran Divestment Act (ARTICLE 8) must be submitted with each Bid.

(J) An executed Certification Regarding Lobbying (Article 9) must be submitted with each Bid.

(K) Statement disclosing any potential conflicts of interest the Contractor may have in performing the scope of work specified by this Bid.

(L) The Contractor shall submit a list of all sub-recipients and subcontractors, including names contacts and addresses along with the sealed bid documents.

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 “RENOVATIONS OF 36 SOUTH STREET, LEICESTER, NY”. The envelope shall be addressed to the Executive Director Megan Crowe, Livingston County Land Bank Corporation, 6 Court Street – Room 303A, Geneseo, New York 14454.

(B) Bidders requesting copies of the Bid tabulation sheets shall do so in writing with a stamped, self-addressed envelope enclosed.

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 Federal, State, Local regulations, the Contractor or Subcontractors must be appropriately and legally licensed in New York State.

(B) Demonstrate prior experience in the renovations of residential property in accordance with applicable codes, standards, rules, and regulations within the past five (5) years.

(C) Have the capacity to provide all labor and equipment to perform the work. In addition, have the capacity to provide all labor and equipment to remove any necessary debris and waste as necessary to complete the specified scope of work.

(D) Provide references for at least three (3) prior projects in the past five (5) years.

Instructions to Bidders | Page 4

13. IRAN DIVESTMENT ACT AND NON-COLLUSION:

The Non-Collusion Bidding Certification and Iran Divestment Act Certification, attached hereto and made part hereof as ‘Article 5’ and ‘Article 8’, must be executed and submitted with each Bid.

14. INDEMNIFICATION:

The Indemnification Agreement, attached hereto and made part hereof as ‘Article 6,’ must be executed and submitted with each Bid.

15. DEBARMENT:

The Debarment Certification, attached hereto and made part hereof as ‘Article 7,’ must be executed and submitted with each Bid.

16. EQUAL OPPORTUNITY

The Contractor represents that, in conducting the activities described in this Agreement, the Contractor 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.

17. SANCTIONS

Contractor agrees that any payment for services under this Agreement will be used in compliance with all applicable anti-terrorist financing and asset control laws, regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001 and Executive Order No. 13224. None of the Contractor, any of its parent entities or subsidiaries or, to the knowledge of the Contractor, any director, officer, agent, employee or affiliate of the Contractor or any of its parent entities or subsidiaries is currently the subject or target of any sanctions administered or enforced by the US Government, including, without limitation, the Office of Foreign Assets Control of the US Department of Treasury (or any successor thereto) (“OFAC”), or other relevant sanctions authority (collectively, “Sanctions”), and the Contractor will not directly or indirectly use Land Bank payments and proceeds of this Agreement, or lend, contribute or otherwise make available such proceeds to any parent entity, subsidiary, affiliate, joint venture partner or other person or entity (i) to fund any activities of or business with any person, or in any country or territory, that, at the time of such funding, is the subject of Sanctions or (ii) in any other manner that will result in a violation by any person (including any person participating in the transaction, whether as underwriter, advisor, investor or otherwise) of Sanctions. By signing this Agreement with the Land Bank, the Contractor represents that neither the Contractor nor any principal of the Contractor, nor any person or entity owning a direct or indirect interest in or having a direct control over the Contractor is a person or entity that is named as a specifically designated national and blocked person” on the most current list published by the

U.S. Treasury Department Office of Foreign Assets control at its official website:

http://www.treas.gov/ofac/t11sdn.pdf.

Contactor represents and warrants to the Land Bank that, in connection with the use of all payments and proceeds of this Agreement, and generally in its dealings with the Land Bank, the Contractor shall not directly or indirectly deal with a person, entity or any other party (including official or de facto authorities) that are:

http://www.treas.gov/ofac/t11sdn.pdf

Instructions to Bidders | Page 5

(A) located, domiciled, resident, incorporated or operating in a country/region subject from time to time to any sanctions and/or trade embargoes administrated by any Sanctioning Authority, as well as any other country designated by a Sanctioning Authority or identified as a “Sanctioned Country”; or

(B) subject to any sanctions lists administrated by authority responsible for the administration of sanctions and embargoes in the United Nations, the European Union, Switzerland, United States (Office of Foreign Assets Control of the US Department of Treasury) and in any other applicable country notified from time to time by the Land Bank (each “Sanctioning Authority”); or

(C) owned or controlled by a person, entity or any other party as defined in (a) or (b) above (collectively, “Restricted Parties”) and that neither it nor its directors, officers, agents or employees are Restricted Parties.

18. NONDISCRIMINATION; COMPLIANCE WITH FAIR HOUSING ACT AND EQUAL CREDIT OPPORTUNITY ACT

Contractor shall not discriminate in its activities and operations in connection with this Agreement 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 or regulation. Contractor expressly agrees not to use payments and proceeds from this Agreement for any purpose or in any manner that could be deemed to violate the Fair Housing Act, 42 U.S.C. § 3601 et seq., or the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., or any regulation promulgated thereto.

Contractor shall require any Subrecipient, Subcontractor, sub-Subrecipient, Sub-Subcontractor or Property Owner receiving payments and proceeds related to this Agreement to comply with the obligations set forth in this section, including by providing their express agreement not to use payments and proceeds from this Agreement for any purpose or in any manner that could be deemed to violate the Fair Housing Act, 42 U.S.C.

§ 3601 et seq., or the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., or any regulation promulgated thereto.

19. COMPLIANCE WITH LAW AND PROHIBITED USES

Contractor shall comply with all federal, state, and local laws and regulations related to its performance or fulfilment of any acts, duties or obligations referred to under this Agreement or otherwise generally applicable to Contractor and its organization and activities.

20. ANTI-CORRUPTION/BRIBERY

Contractor represents and warrants that it is familiar with and is in compliance with the Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) (as amended) and shall not engage in any form of bribery, collusive practice or any other form of corruption, nor will it extort, solicit, receive, offer, promise or give any undue financial or other advantage, directly or indirectly, in connection with any of its dealings with the Land Bank. Furthermore, Contractor nor any person acting on its behalf shall authorize the giving of, offer, or give anything of value to any official or employee of the government or any state-owned entity, any agent or representative of the foregoing, or any other person (including any Land Bank employee, contractor or agent) to improperly obtain, retain, or direct business or any improper advantage for or to any person.

21. LOBBYING AND POLITICAL ACTIVITY

Contractor shall not use any payments or proceeds disbursed to it under this Agreement for any political campaign or to influence the outcome of any election, to carry on propaganda, to lobby or otherwise attempt

Instructions to Bidders | Page 6 to influence legislation or the outcome of any specific public election, to carry on directly or indirectly, any voter registrations drive or to conduct any activities described in Sections 4945(d) and (e) of the United States Internal Revenue Code of 1986, as amended (the “Code”) and the Treasury Regulations promulgated thereunder.

The Lobbying Certification, attached hereto and made part hereof as ‘Article 9,’ must be executed and submitted with each Bid.

22. LEGALITY OF ACTIONS

The Contractor represents, warrants and covenants that renovations of real property performed in connection with this Agreement shall be compliant with all applicable laws, rules, restrictions, orders and regulations, including, but not limited to, environmental laws and regulations and locally accepted renovation practices.

23. SUBRECIPIENTS AND SUBCONTRATORS

The Contractor agrees to hold sub-recipients and subcontractors to all terms and conditions of this Agreement. The Contractor shall submit a list of all sub-recipients and subcontractors, including names contacts and addresses along with the sealed bid documents.

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

(A) Commercial General Liability Coverage in amounts not less than:

i. $1,000,000 per occurrence/ per location or per project aggregate (for more than one location),

ii. $2,000,000 in the annual aggregate,

iii. $2,000,000 products/completed operations aggregate.

(B) LIVINGSTON COUNTY LAND BANK CORPORATION and LIRO ENGINEERS, INC. shall be covered as Additional Insureds under the policy and identified as Certificate Holders on the Certificates of Insurance;

(C) Worker's Compensation Insurance in form and amounts consistent with state statutory requirements.

(D) Comprehensive Automobile Insurance

1. in 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.

2. Waiver of Subrogation.

3. 30 day notice of cancellation endorsement.

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

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

(F) REQUIREMENTS FOR ALL INSURANCE INCLUDE:

1. All insurance carrier’s must be rated “A-” or higher in the AM Best Guide with a Financial Size Category of at least VI.

Instructions to Bidders | Page 7

2. 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.

3. 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.

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

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

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

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

8. 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.

85 Allen Street Rochester, NY 14608

(G) Contractor shall maintain insurance with the required limits mentioned above for the duration of this Agreement. Completed Operations coverage must be maintained and evidenced for at least two (2) years after completion of the project.

(H) Contractor shall ensure any subcontractors hired carry the same type of insurance with the same limits and provisions required by this Agreement. The Contractor agrees to cause each subcontractor to furnish the Land Bank with copies of its Certificate of Insurance and corresponding policy endorsements setting forth the required coverage hereunder prior to any such subcontractor entering the property or commencing any work.

(I) All Certificates of Insurance must be approved by the Land Bank Attorney prior to commencing work under the Agreement.

(J) It is expressly understood and agreed by the Contractor 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 Contractor shall comply with the following requirements:

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

a. the date of the commencement of the term of this Agreement, or

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

2. For the duration of this Agreement or its subsequent renewals, if the retroactive date is advanced or if the policy is non-renewed, cancelled or is otherwise materially changed, the Contractor agrees to purchase at its own expense, an Extended Reporting Endorsement. This endorsement must provide for extended reporting period (“Tail” coverage) in compliance with the minimum standards promulgated by the Department of Financial Services (Insurance

Instructions to Bidders | Page 8

Department) of the State of the New York as contemplated in Regulation No. 121 (11 NYCRR

73) or its subsequent amendments or revisions.

3. Upon termination of the services provided to the Land Bank by the Contractor, 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 Contractor 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.

25. 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 shall award the Bid to one Bidder for the total amount indicated on the Bid Proposal Form.

(C) 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.

26. SAFETY

The Contractor shall perform all work in accordance with the latest government safety regulations including, but not limited to, those adopted by the Department of Labor, Office of Safety and Health Administration Regulations and Environmental Protection Agency. Roadway closures, if needed, shall be coordinated with the local highway departments.

27. PERMITS AND FEES

The Contractor is required to obtain and pay for all permits, building permits and obtaining a certificate of occupancy associated with the renovations and waste disposal associated with this project.

28. TRAFFIC CONTROL

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

29. UTILITIES

The Contractor shall be solely responsible for utility connection related 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 it shall take all necessary precautions to avoid damage to existing adjacent utilities.

30. CANCELLATION CLAUSE:

In the event of a breach of the Contract by the Contractor, the Contractor shall not be entitled to payment of the contract price or any other compensation. The Contractor 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.

Instructions to Bidders | Page 9

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 Contractor. In this event, any monies owing by the Land Bank for services completed prior to cancellation or termination shall be paid to the Contractor.

31. 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.

32. LENGTH OF CONTRACT:

The Contractor shall have up to one hundred twenty (120) calendar days from Notice to Proceed to complete the renovations as defined in the scope of work.

General Requirements | Page 1

ARTICLE 3

GENERAL REQUIREMENTS AND SPECIFICATIONS FOR

RENOVATIONS OF 36 SOUTH STREET, LECEISTER, NY

SCOPE OF WORK

In response to this bid solicitation, please bid a price that covers the renovation work of the main structure and site located at the address listed herein, including 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 the 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 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 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.

• The Contractor will provide before and after time/date stamped photos of the property features for project record.

• The Contractor will confirm that all utilities are disconnected and/or protected as necessary to perform the work before commencing any work.

• The Contractor will arrange for proper utility (gas, electric, water, & sewer) connections for the project.

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

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

• The Contractor and/or Subcontractors will perform all work associated with landscaping and yard clean-up, carpentry, installations, painting, mechanical, electrical, and plumbing work as described in the renovation plans of the contract documents.

• The Contractor will exercise caution so as to not damage any pedestrian sidewalk. If a sidewalk is damaged, the Contractor must repair or replace the damaged portion in a timely manner and prior to the Completion Date.

• The Contractor will completely remove all construction waste materials and debris from the property.

The Contractor will arrange for transportation of the construction materials and debris to lawful disposal, storage, or recycling locations, as necessary.

• The Contractor will remove all trash, scrap and debris from the entire property.

• The Contractor shall obtain, at its sole cost and expense, a certificate of occupancy upon completion of the work in accordance with the requirements of the respective municipal agencies and other authorities having jurisdiction of the property.

General Requirements | Page 2

Work Progress & Completion

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

• A written work schedule shall be included with the bid proposal and agreed upon by the Land Bank and the Contractor prior to the Notice to Proceed being issued.

• All specified work shall be commenced within 30 days and completed no later than 120 days from the issuance of the Land Bank’s Notice to Proceed to the Contractor, unless otherwise agreed to.

Bid Proposal Form | Page 1

ARTICLE 4

LIVINGSTON COUNTY LAND BANK

BID PROPOSAL FORM

TO: Livingston County Land Bank Corporation

FOR: Renovations of 36 South Street, Leicester, 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 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 the 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 date of "Notice of Award” of Contract and furnish to the Land Bank satisfactory bond and 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 120 calendar days from the date of the Notice to Proceed.

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

Bid Proposal Form | Page 2

ACKNOWLEDGMENT OF ADDENDA

The undersigned acknowledges the receipt of the following Addenda, but agrees that it is bound by all Addenda whether or not listed herein:

Addenda Number Date

WORK SCHEDULE

Provide with this Bid Proposal an estimated schedule of work relative to the “NOTICE TO PROCEED” date.

BID PRICE

Pursuant to and in compliance with the "Advertisement", the "Instructions to Bidders" and "Bid Proposal" relating thereto, the Bidder hereby agrees to furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for or incidental to work required by and in strict accordance with the Contract Documents and any Addenda subsequently issued, for the sum of:

Property Lump Sum Bid Price

36 South Street, Leicester, NY

BIDDER: (Company Name) (Type or Print)

BY: (Person submitting for Company) (Signature)

(Type or Print Name and Title)

DATE SUBMITTED:

BUSINESS ADDRESS:

BUSINESS FEDERAL TAX ID:

PHONE NUMBER:

E-MAIL ADDRESS:

Bid Proposal Form | Page 1

ARTICLE 5

NON-COLLUSION BIDDING CERTIFICATION:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party there to certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit, a bid for the purpose of restricting competition.

In compliance with this invitation for bids, and subject to the conditions thereof, the undersigned offers and agrees, if this bid is accepted within (30) thirty days from the date of opening, to furnish any and all of the items upon which prices are submitted.

Sincerely Yours, Bidder:

By:

Signature of Authorized Representative

Title:

Address:

Phone Number:

Date:

MUST COMPLETE THIS FORM AND SUBMIT THIS FORM WITH BID

ARTICLE 6

INDEMNIFICATION AGREEMENT

The Contractor agrees:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the Land Bank, the Contractor agrees to indemnify and hold harmless the Land Bank, its officers, directors, representatives, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees (including all reasonable attorney’s fees and disbursements), causes of action, suits, penalties, obligations or loss of any nature arising directly or indirectly out of (1) the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor; or (2) the malfeasance, misfeasance, nonfeasance, negligence, unlawful act or omission, or intentional misconduct of the Contractor or third parties under the direction or control of the Contractor arising out of or in connection with this Agreement or the work contemplated therein; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the Agreement and to bear all other costs and expenses related thereto.

By:

Signature of Authorized Representative

ARTICLE 7

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND RESPONSIBILITY

The undersigned certified, to the best of his/her knowledge and belief, that the Contractor and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State department or agency;

2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State or Local) terminated for cause or default.

By:

Signature of Authorized Representative

ARTICLE 8

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

Certification Pursuant to Section 103-g of the New York State General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

I, , being duly sworn, deposes and says that he/she is the of the Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

SIGNED

Sworn to before me this Day of , 202

Notary Public

MUST COMPLETE THIS FORM AND SUBMIT WITH BID

ARTICLE 9

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all* sub-awards at all tiers (including sub-contacts, sub-grants, and Contracts under grants, loans, and cooperative agreements) and that all* sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Grantee/Contractor Organization Program/Title

Name of Certifying Official Signature

MUST COMPLETE THIS FORM AND SUBMIT WITH BID

o

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 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.

Livingston County Land Bank Corporation

Contractor (Signature of Authorized Official Required)

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.

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