Bid Notice.pdf

Contract No. 8219

Rehabilitation of the Locust Drive Standpipe

STATEMENT OF NO BID

THIS FORM MUST BE RETURNED IF YOU ARE SUBMITTING A "NO BID"

It is the intent of the Suffolk County Water Authority to afford all suppliers an equal opportunity to bid on all commodities, operating supplies, equipment and/or services as listed in this specification.

In the event your firm declines to bid, kindly advise the Suffolk County Water Authority Purchasing Department to that effect by completing and returning this document.

We, the undersigned have declined to bid on your Request for Quotation/Proposal

CONTRACT OR RFP 8219

For

REASON FOR NOT BIDDING:

We do not offer this product/service.

We are unable to supply the product/service at this time.

We are unable to meet the specifications.

We are unable to meet the bond requirements.

We are unable to meet Insurance requirements.

Other: ___________________________________________________________________

Company Name:

Address:

Telephone:

E-Mail Address:

Completed By:

Print Name:

Signature:

*This Form Can Be Emailed to John.Deubel@scwa.com

SECTION 00005 -- TABLE OF CONTENTS

DIVISION 0 - BIDDING REQUIREMENTS PAGES

Section 00020 Notice To Bidders ------------------------------------------- 00020-1 - 00020-1 Section 00100 Instructions To Bidders ------------------------------------ 00100-1 - 00100-22 Section 00151 Contractor’s Labor and Material Affidavit -------------- 00151-1 - 00151-1 Section 00300 Detailed Clauses for Measurement and Payment --- 00300-1 - 00300-3 Section 00310 Bidder’s Proposal-------------------------------------------- 00310-1 - 00310-10 Section 00315 Contract Prequalification Statement -------------------- 00315-1 - 00315-2 Section 00317 Letter of Surety ---------------------------------------------- 00317-1 - 00317-1 Section 00318 Bank Credit Reference Form ----------------------------- 00318-1 - 00318-1 Section 00500 Agreement and Acknowledgments ---------------------- 00500-1 - 00500-3 Section 00700 General Conditions ----------------------------------------- 00700-1 - 00700-9 Section 00800 Special Conditions ------------------------------------------ 00800-1 - 00800-16 Labor Rates

DIVISION 1 - GENERAL REQUIREMENTS

Section 01010 Summary of Work ------------------------------------------- 01010-1 - 01010-4 Section 01300 Submittals ----------------------------------------------------- 01300-1 - 01300-3 Section 01358 Community Air Monitoring Plan -------------------------- 01358-1 - 01358-3 Section 01515 Climate Control ---------------------------------------------- 01515-1 - 01515-2

DIVISION 2 - SITEWORK

Section 02000 Site Work General Provisions ---------------------------- 02000-1 - 02000-3 Section 02050 Demolition and Removals --------------------------------- 02050-1 - 02050-4 Section 02130 Waste Transportation and Disposal -------------------- 02130-1 - 02130-4

DIVISION 5 - METALS

Section 05091 Welding -------------------------------------------------------- 05091-1 - 05091-9 Section 05120 Structural Steel ---------------------------------------------- 05120-1 - 05120-10

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

Section 07920 Caulking and Sealants ------------------------------------- 07920-1 - 07920-9

DIVISION 9 – FINISHES

Section 09900 Surface Preparation and Painting ----------------------- 09900-1 - 09900-24 Section 09901 Safety and Environmental Protection ------------------- 09901-1 - 09901-48 Section 09902 Renovations, Additions and Repairs -------------------- 09902-1 - 09902-11

DIVISION 13 - SPECIAL CONSTRUCTION

Section 13100 Tank Hydrodynamic Mixing System (HMS) ----------- 13100-1 - 13100-13 Section 13120 Repairing Steel Water Storage Tank ------------------- 13120-1 - 13120-2 Section 13200 Antenna Cable Testing ------------------------------------- 13200-1 - 13200-2

DIVISION 15 - MECHANICAL

Section 15053 Ductile Iron Pipe --------------------------------------------- 15053-1 - 15053-6 Section 15096 Wall Pipes, Floor Pipes and Pipe Sleeves ------------ 15096-1 - 15096-4 Section 15460 Testing and Disinfection of Hydraulic Structures ---- 15460-1 - 15460-4

DIVISION 16 - ELECTRICAL

Section 16100 Electrical Provisions ---------------------------------------- 16100-1 - 16100-4 Section 16111 Conduit -------------------------------------------------------- 16111-1 - 16111-6 Section 16116 Expansion Fittings------------------------------------------- 16116-1 - 16116-2 Section 16118 Flexible Conduits -------------------------------------------- 16118-1 - 16118-2 Section 16122 600 Volt Cable ----------------------------------------------- 16122-1 - 16122-3 Section 16131 Pull and Junction Boxes ----------------------------------- 16131-1 - 16131-2 Section 16780 Coaxial Communication Cable -------------------------- 16780-1 – 16780-3

CONTRACT DRAWINGS

Number Description Title Page SP-1 Site Plan S100.00 Existing Tank Elevations and Demolition Plan S101.00 General Notes S102.00 Proposed Tank Elevations S103.00 Proposed Tank Plan View and Egress Details S500.00 Details S501.00 Details S502.00 Details S503.00 Details S509.00 Details S505.00 Details S506.00 Details S507.00 Details I

Page 00020-1

SUFFOLK COUNTY WATER AUTHORITY

SUFFOLK COUNTY NEW YORK

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN: That sealed proposals for the rehabilitation of the

Locust Drive Standpipe will be received by the Suffolk County Water Authority not later than 11:00 a.m. on June 11, 2026, at which time and place they will be publicly opened and read aloud. Bids will only be accepted electronically; prospective bidders must submit their bids via the following website: www.BidNetDirect.com/new-york.

The Authority will hold a pre-bid meeting starting at 10:00 a.m. May 28, 2026. The meeting will be at Locust Drive Well Field, located at 177 Locust Drive, North Brightwaters, Town of Islip, Suffolk County, NY. It is strongly recommended that all prospective Bidders attend the meeting.

Apprenticeship Agreement: The Suffolk County Water Authority requires, pursuant to New York Labor Law Section 816-b, all Contractors and Subcontractors shall have, apprenticeship agreements appropriate for the type and scope of work to be performed under this Contract, that are registered with and approved by the New York State Commissioner of Labor pursuant to the requirements of New York Labor Law Article 23.

Evidence of such agreements for both contractors and subcontractors, if any, must be submitted with the bid.

Disadvantaged Business Enterprises are encouraged to bid.

By Order of the SUFFOLK COUNTY WATER AUTHORITY

_______________________________, Jeffrey W. Szabo, CEO

Contract No 8219 May 15, 2026 http://www.bidnetdirect.com/new-york

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SECTION 00100

INSTRUCTIONS TO BIDDERS

1.0 DEFINED TERMS

1.1 Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract have the meanings assigned them in the General Conditions. The term "Bidder" means one who submits a bid directly to the Owner, as distinct from a sub-bidder, who submits a bid to the Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom the Owner (on the basis of the Owner's evaluation as herein provided) makes an award. The term "Bidding Documents" includes the Notice to Bidders, Instructions to Bidders, the Bidder's Proposal, and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids).

2.0 COPIES OF BIDDING DOCUMENTS

2.1 Contract Documents, Plans, and Specifications are available at Bid Net. It shall be the bidder’s responsibility to regularly check www.scwa.com or www.BidNetDirect.com/new-york for updated questions and answers, or addenda.

2.2 Complete sets of Bidding Documents must be used in preparing Bids.

Owner assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use.

3.0 QUALIFICATIONS OF BIDDERS

3.1 To demonstrate qualifications to perform the Work, each Bidder must complete the "Contract Prequalification Statement" in its entirety accompanied with a complete Financial Statement.

3.2 The SCWA requires that all Bidders or their Subcontractors (if a Subcontractor will be performing work on the project) have a current and valid license issued by the County of Suffolk or other appropriate governmental authority for the type of work required under contract prior to the date the bids are due or the commencement of the work under the Contract. In the event the requisite license is not obtained within 60 days of the award of the Contract, the SCWA reserves the right to cancel the Contract and award to another Bidder or rebid the Contract. The license number must be submitted with the bid if then in the Bidder's possession or prior to the commencement of the work if it is obtained after the bid date.

http://www.scwa.com/

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4.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE

4.1 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site of the proposed Work to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder had complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by Contract Documents and such means, methods, techniques, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

4.3 In the preparation of Drawings and Specifications, Engineer utilized:

4.3.1 The following reports of exploration of conditions at the site of the Work:

4.3.1.1 "Locust Drive 2.29 Million Gallon Standpipe Condition Assessment Report,” dated May 2025, prepared by H2M Architects and Engineers.

These documents are available for review in the office of the Owner.

The information contained in such sheets and reports is not considered technical in nature, rather the Engineer's opinion of the condition of the site and structure. Therefore, Contractor is not entitled to rely on any information contained in such sheets and reports. Such information and reports are made available to Bidder as a courtesy only. It is further agreed and understood that the Bidder or the Contractor will not use any information made available to him/her, or obtained by any examination made by him/her, in any manner as a basis or ground of claim or demand of any nature against the Owner or Engineer arising from or by reason of any variance which may exist between the information offered and the actual materials and structures encountered during the construction work.

4.4 A Suffolk County Water Authority Engineer shall meet with prospective Bidders at 10:00 a.m. on May 28, 2026, for a pre-bid meeting. The meeting will be at both standpipes. It is strongly recommended that all prospective Bidders attend this meeting. Failure to comply with this requirement may be deemed sufficient cause for rejection of proposal.

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5.0 INTERPRETATION AND ADDENDA

5.1 Interested bidders are invited to submit any questions on this contract through BidNet. Questions and answers pertaining to this proposal may be viewed at scwa.com by clicking on Vendors. Contractors must be registered and must log in to access Contract Documents, questions, answers and addenda. It shall be the bidder’s responsibility to regularly check www.scwa.com, or www.BidNetDirect.com/new-york for updated questions and answers, or addenda. Questions must be received no later than 11:00 a.m., three (3) business days prior to the bid date.

5.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by Owner.

6.0 BID SECURITY

6.1 Each proposal from a Contractor must be accompanied by a certified check, cashier’s check or bid bond or bid bond made payable to the Suffolk County Water Authority, in the amount of 5% of the total amount of the bid, on condition that, if the bid is accepted, the Bidder will enter into a Contract for the same and will execute such further security as may be required for the faithful performance of the Contract. Failure to comply with this requirement will be deemed sufficient cause for the rejection of the proposal. The contractor must submit an electronic bid thru the Empire State Purchasing Group (BidNet), www.BidNetDirect.com/new-york, as part of the submission, Contractor must attach/upload a copy of the check or electronic Bid Bond.

If the person, persons or corporation to whom the contract shall be awarded shall fail to enter into such contract within thirty (30) days of the date indicated in the Agreement or shall fail to provide the security required for the faithful performance thereof, then the aforesaid deposit shall be forfeited to the Authority as liquidated damages and the Authority shall collect the same for its benefit.

6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited.

After the Contract is awarded by the Members of the Authority, all proposed guarantees accompanying the various bids (bank/Cashier’s check or bid bond), with the exception of the one accompanying the successful bid, will be returned.

7.0 SURETY

7.1 Prior to the execution of the Contract, the Successful Bidder will be required to furnish, at his expense, a Performance and Labor and Material Payment Bond, in such form as prescribed by the Authority, in the amount of 100% of the total bid price, or, in lieu of such Performance Bond, a bank check, or a http://www.scwa.com/

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Letter of Credit (Letter of Credit expiration date shall be one month past the Contract expiration date) satisfactory to SCWA, together with an indemnification agreement in such form as prescribed by the Authority.

After the signing of the contract and the receipt of the Performance Bond, the Authority will return the deposit accompanying the bid of the successful bidder. The deposits (Bid Bond, Bank Check or Performance Bond) accompanying the bids of the unsuccessful bidder will be returned upon award of the contract.

7.2 If the Bidder intends to secure a Performance and Labor and Material Payment Bond, the bond must be accompanied by a letter of surety executed by the Bidder's surety company stating that if the Bidder is awarded the project, the surety will execute a Performance and Labor and Material Payment Bond in the amount equal to one hundred percent (100%) of the Contract.

8.0 CONTRACT COMPLETION TIME

8.1 The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Completion Time) are set forth in the Agreement and the Bidder's Proposal.

9.0 SUBSTITUTE AND "OR-EQUAL" ITEMS

9.1 The Bidder must submit a bid based on using the equipment, materials, etc., as specified in the Detailed Specifications in preparation of their Bid. In no case shall the Bidder be granted an increase in Contract price due to the Bidder basing the bid on the use of equipment or materials, etc., not specified in the Detailed Specifications and that equipment, material, etc., not being approved by the Engineer.

9.2 The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality. The Bidder may submit an alternate bid using other products of equal or better quality to the Engineer for review along with their bid based upon the Detailed Specifications. In all cases, the burden of proof that the equipment offered for substitution is equal in function, dimension, appearance and quality to that named in the Detailed Specifications shall rest on the Bidder, and unless the proof is satisfactory to the Engineer and the Owner, the substitution will not be approved. In addition, due to costs incurred in reviewing and investigating "or-equal" items, a significant benefit, functional and/or financial to the Authority must be offered in order for the substitution to be considered. The Engineer's decision of approval or disapproval of a proposed substitute shall be final.

9.3 If Owner or Engineer approves any proposed substitution, such approval shall be set forth in writing by the issuance of a Change Order.

10.0 SUBCONTRACTORS, SUPPLIERS AND OTHERS

10.1 If requested by the Owner, the Contractor, prior to the award of the Contract, shall submit a list containing the names of the Subcontractors proposed for the work.

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The Contractor, as soon as practical after signing of the Contract, shall notify the Engineer in writing of the names of Subcontractors he has contracted with for the work.

The Contractor agrees that he is as fully responsible to the Owner for the acts and omissions of his Subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.

Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner.

10.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person, or organization against whom Contractor has reasonable objection.

10.3 The Owner has the right to reject any Subcontractor that the Owner, after due investigation, has reasonable objection to.

11.0 BID FORM

11.1 The Bidder's Proposal is included with the Bidding Documents.

11.2 All blanks on the Bidder's Proposal must be completed in black ink or by typewriter with a black ribbon.

11.3 Calculation errors will be resolved in favor of unit prices whenever possible.

The Suffolk County Water Authority will adjust total bid amounts accordingly.

11.4 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature including contractor license number, if any.

11.5 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

11.6 All names must be typed or printed below the signature.

11.7 The address and telephone number for communications regarding the Bid must be shown.

11.8 All items and questions on the Bidder's Proposals shall be answered completely and accurately prior to submitting the Bid. Failure to provide the information requested in the Bid Form may entitle the Owner to reject the Bid.

11.9 The Bid shall contain an acknowledgement of receipt of all Addenda. The Addenda number(s) must be noted below the signature of the Bidder on the Bidders Proposal.

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12.0 SUBMISSION OF BIDS

12.1 Bids will only be accepted electronically; prospective bidders must submit their bids via the following website: www.BidNetDirect.com/new-york.

12.2 Bids physically delivered to the SCWA, facsimiles, or emails of unsealed proposals will not be accepted under any circumstances.

12.3 Proposed cost/unit prices are to be filled out on the attached "Bidder's Proposal", included within Section 00310. Bidders are required to complete and submit the following documents with the Bidder’s Proposal:

Bidder’s Proposal / Bid Sheet Bid Deposit / Bid Bond Non-Collusive Bidder Certification Form of Offeror Disclosure of Prior Non-Responsibility

Determination (Exhibit A) Suffolk County Water Authority Disclosure Form (Exhibit A1) Affirmation of Understanding and Compliance (Exhibit B) Insurance Carrier or Agent's Acknowledgment (Exhibit C) Contact Information Document (Exhibit D) Contract Pre-Qualification Statement (Section 00315) Equal Employment Opportunity Policy Statement Proof of Apprenticeship Agreement

Failure to comply with this requirement, as noted above, will be deemed sufficient cause for the rejection of the proposal.

12.4 CERTIFICATE OF COMPLIANCE

As of December 30, 2024, contractors and subcontractors performing “public work” must be registered with the Department of Labor before they start working on a SCWA project. A Certificate of Registration must be submitted with your bid. More information is available on the Department of Labor website at Public Work Contractor and Subcontractor Registry Landing /Department of Labor.

Compliance is required on this contract and your firm must comply as a pre-condition for submitting a bid.

13.0 MODIFICATION AND WITHDRAWAL OF BIDS

13.1 Bids 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 the Bids are to be submitted at any time prior to the opening of the Bids.

13.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further Bidding on the Work to be provided under the Contract Documents.

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14.0 OPENING OF BIDS

14.1 Bids will be opened and (unless obviously non-responsive) read aloud publicly. Bid openings will be conducted both in person and virtually. In order to participate in a Virtual Bid Opening please send an email request to John.Deubel@scwa.com, an email invite will be sent, to those who requested to attend the Virtual Bid Opening.

15.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

15.1 All Bids will remain subject to acceptance for seventy-five (75) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

16.0 AWARD OF CONTRACT

16.1 The Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate Contract terms with the Successful Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

16.3 Owner may consider the experience of Subcontractors, Suppliers, persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.5 When the Contract is to be awarded, it will be awarded to the lowest qualified Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interest of the Project.

16.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within the period of time that bids are subject to acceptance, mailto:John.Deubel@scwa.com

Page - 00100-8 but in no case will an award be made until all necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract.

16.7 The Contractor shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants, and employees against and from all suits, losses, demands, claims, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the Suffolk County Water Authority or any of its members, officers, agents, servants and employees may be subjected by reason of injury to any person or to the property of the Suffolk County Water Authority or of others resulting from the performance of the Contract, or through any act or omission on the part of the Contractor or his agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used by the Contractor, his agents, employees, servants or subcontractor(s) in the performance of the Contract, and Contractor understands and agrees that he shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials, in the performance of the Contract.

16.8 Local Small Business Enterprise Preference - If a local small business enterprise’s proposal is no more than Five Percent (5%) greater than the otherwise lowest responsive bid, the enterprise may be selected to provide the good or service, as the best value.

17.0 SIGNING OF AGREEMENT

17.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten

(10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within fifteen (15) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Specifications and Drawings with appropriate identification.

18.0 TAXES

18.1 The Owner, as a public-benefit corporation, is exempt from Federal Excise Tax and New York State Sales Tax. The Bidder shall not include any Federal Excise Tax or New York Sales Tax in this Bid.

19.0 COMPLIANCE WITH WAGE RATES

19.1 There shall be paid to each employee engaged in work on this project, in the trade or occupation listed on pages attached hereto, not less than the wage rate, including supplements for welfare, pension, vacation and other benefits, set opposite the same. Provisions relating to Article 8, Section 220 of the Labor Law, are included herewith.

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19.2 Copies of the New York State Labor Law are attached to your Contract Documents. The law requires you to keep detailed payroll records for each person employed on public work including name, address, telephone number, Social Security number, occupational classification in which worked, hourly wage rate paid, supplements provided, daily and weekly number of hours worked in each classification, deductions made, and actual wages paid.

Further, the law requires that "Every Contractor and Subcontractor submit to the Department of Jurisdiction (SCWA) a transcript of the original payroll records, subscribed and affirmed as true under penalty of perjury."

Certified payroll records are to be submitted with every invoice as a requirement for payment. Certified payroll records should reference their corresponding invoice number and Contract number.

Additionally, copies of pay stubs and/or cashed checks must be submitted if requested by SCWA for proper payment verification purposes.

Please submit all certified payrolls for this Contract utilizing the attached forms as designated by the New York State Department of Labor.

These should be electronically mailed in pdf format to:

Suffolk County Water Authority Accounts Payable Department Email: accountspayable@scwa.com

19.3 Contractor and all Subcontractors shall comply with all Federal and State laws and regulations including, but not limited to, the prevailing wage rate schedule attached hereto and made a part hereof, regarding payment of prevailing wage rates, to all of their respective employees and shall hold the Suffolk County Water Authority harmless from all civil and criminal penalties imposed as a result of said Contractor's or Subcontractor's noncompliance with such requirements.

19.4 In addition, prior to final payment from the Suffolk County Water Authority to Contractor, the Contractor shall return any ID cards and keys that may have been received in order to gain access to Authority Sites.

20.0 APPRENTICESHIP AGREEMENT

20.1 The Suffolk County Water Authority requires, pursuant to New York Labor Law Section 816-b, all Contractors and Subcontractors shall have, apprenticeship agreements appropriate for the type and scope of work to be performed under this Contract, that are registered with and approved by the New York State Commissioner of Labor pursuant to the requirements of New York Labor Law Article 23. Evidence of such agreements for both contractors and subcontractors, if any, must be submitted with the bid.

21.0 COMPLIANCE WITH REQUIREMENTS

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21.1 Contractor represents that it will comply with all applicable requirements of the Occupational Safety and Health Act of 1970, Public Law 91-596, and will hold the Owner and Engineer harmless from any civil or criminal penalties imposed as a result of said Contractors noncompliance with such requirements.

21.2 Labor Law 220-h provides that for every public work contract of $250,000.00 or more, all laborers, workers and mechanics working under the contract shall be certified as having successfully completed the OSHA 10-hour construction safety and health course. Furthermore, contractors and subcontractors must attach a copy of proof of completion of the OSHA 10 Safety and Training Course to the first certified payroll where any new or additional employee is first listed.

Proof of completion may include, but is not limited to, copies of a bona fide completion card, training roster, attendance record or other documentation from the certified trainer pending the issuance of the card.

21.3 The Suffolk County Water Authority conforms to the requirements of the New York State Public Health "Right to Know" Law (Article 28, Part 820) and the Occupational Safety and Health Administration's (OSHA) "Hazardous Communication Standard." The Contractor will be required to comply with all phases of OSHA Law requiring information interchange (as outlined in the Detailed Specifications) prior to doing any work for the Authority.

"Notification to Proceed" will not be issued until all information interchanges have been completed. No payment will be made for work done prior to issuance of "Notification to Proceed."

22.0 DISQUALIFICATION OF BIDDERS AND CANCELLATION OF CONTRACT

22.1 The Bidder's attention is called to Section 2875 of the Public Authorities Law, which section provides for the cancellation of a Contract by a public authority; and also to Section 2876, which section provides for the disqualification of certain bidders from selling or submitting bids to, or receiving awards or Contracts from, a public authority.

Section 2875 provides as follows:

"Upon the refusal by a person, when called before a grand jury, head of a state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or Contract had with the state, any political subdivision thereof, a public authority or with any public department, agency or official of the state or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or Contract, Page - 00100-11

(a) such person, and any firm, partnership or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any Contracts with any public authority or official thereof, for goods, work or services, for a period of five years after such refusal, and to provide also that

(b) any and all Contracts made with any public authority or official thereof, since the effective date of this law (first day of July 1959), by such person and by any firm, partnership or corporation of which he is a member, partner, director or officer may be canceled or terminated by the public authority without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the public authority for goods delivered or work done prior to the cancellation or termination shall be paid."

Section 2876 is quoted as to its first paragraph:

"Any person who, when called before a grand jury, head of a state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a city department, or other city agency, which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation concerning any transaction or Contract had with the state, any political subdivision thereof, a public authority or with a public department, agency or official of the state or of any political subdivision thereof or of a public authority, refuses to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant questions concerning such transaction or Contract, and any firm, partnership or corporation, of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any Contracts with any public authority or any official of any public authority created by the state or any political subdivision, for goods, work or services, for a period of five years after such refusal or until a disqualification shall be removed pursuant to the provisions of Section twenty-eight hundred seventy-seven of the Public Authorities Law."

23.0 CONTACT INFORMATION

Pursuant to State Finance Law sections 139-j and 139-k, this Solicitation includes and imposes certain restrictions on communications between the Authority and Bidders during the procurement process. A Bidder is restricted from making contacts (i.e., an oral, written, or electronic communications, which a reasonable person would infer as an attempt to unduly influence the award, denial, or amendment of a contract) to any Authority member, employee or agent unless it is a contact that is included among certain statutory exemptions as set forth in State Finance Law sections 139-j (3) (a) from issuance of the Solicitation through final award and approval of the resulting Procurement Contract by the Authority (the "Restricted Period").

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All communication concerning this Solicitation should be addressed to the SCWA's Purchasing Manager, John Deubel, 631-292-6032 or at John.Deubel@scwa.com . The Authority may schedule a conference with the vendor(s) prior to any award. Authority personnel are required to obtain certain information if contacted during the Restricted Period. Upon the basis of this information, the Authority will make a determination of the responsibility of the Bidder who made the contact pursuant to statutory provisions. Certain findings of non-responsibility can result in rejection for contract award, and in the event of two findings within a four (4) year period by a Bidder, a Bidder will be debarred from obtaining Authority or other governmental Procurement Contracts. Further information about these requirements can be found in the Authority's Guideline Regarding Contacts During an Authority Procurement at www.scwa.com.

The SCWA reserves the right to disqualify any bidder which makes unauthorized contacts to SCWA.

24.0 INSURANCE REQUIREMENTS

The Contractor shall not be considered "approved" until it has obtained all insurance required under this specification and such insurance has been approved by the Authority.

Insurance coverage shall be provided by an Insurance Company licensed as an "admitted carrier" by the New York State Financial Services Department – Insurance Industry and rated by "Bests" at "A-" or better, or as otherwise deemed acceptable to SCWA.

Insurance coverage shall be evidenced by a Certificate(s) of Insurance (the “Certificate”) submitted on an “Acord” or equivalent form, which equivalent form to be acceptable to Suffolk County Water Authority. At any time, the actual policy or policies may be required. The Suffolk County Water Authority shall have the right to reject a Certificate if it reasonably deems that the Certificate does not meet the insurance requirements provided for in this Agreement and any amendment and/or renewal hereof. Certificate(s) documenting the CONTRACTOR’S continued compliance with this Paragraph shall be provided to Suffolk County Water Authority throughout the term of this Agreement or any amendment and/or renewal hereof.

Certificates are to be made out to: Suffolk County Water Authority

Attention: Risk Management 4060 Sunrise Highway P.O. Box 38 Oakdale, NY 11769

Thirty (30) days' notice of cancellation, non-renewal or reduction of coverage is required.

For all liability policies other than Workers Compensation and Professional liability (if applicable), the Suffolk County Water Authority must be added to and insured as Additional Insured for ongoing and completed operations. Such policies shall be Primary and Non-Contributory. Evidence of this extension may be by a blanket additional insured endorsement to the policy, such endorsement to be submitted to Suffolk County Water Authority with the applicable certificate of insurance. Mere recitation of the additional insured interest on the certificates may not be acceptable. Suffolk County Water Authority shall bear no responsibility for the payment of the CONTRACTOR'S / SUBCONTRACTOR’S premiums and the CONTRACTOR / SUBCONTRACTOR shall be responsible for any deductibles or retentions that may apply under any of the policies, including any

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OCP and any other policy taken out in the name of the Suffolk County Water Authority.

Coverage shall be obtained, and maintained throughout the life of the Contract as follows:

A. Automobile Liability:

Form: Comprehensive Automobile Liability, including all owned, non-owned, and hired autos.

Limits: $1,000,000 Combined Single Limit for Bodily Injury and Property Damage Liability, New York State Personal Injury Protection.

B. General Liability:

Form: Commercial General Liability in a form providing coverage not less than that of a standard Occurrence Commercial General Liability policy form including separate limits for Personal Injury, and Products/Completed Operations. Coverage to include Contractual Liability without an injured employee/third party action over exclusion.

ISO endorsement 20100704 (or a substantially broader coverage form) as respects to ongoing operations, as well as, and ISO endorsement 20370704 (or a substantially broader coverage form) as respects to products/completed operations must be added to policy.

General Liability insurance shall not contain restrictions that prohibit or limit coverage if an Owners and Contractors Protective liability policy (if required) also affords coverage.

Limits: $1,000,000 per occurrence/$2,000,000 general aggregate.

$1,000,000 for Products/Completed Operations. $1,000,000 for Personal Injury Liability.

C. Workers' Compensation:

Form: Providing coverage to all employees in all states where operations will be performed under the terms of the Contract.

Limits: As required by the Workers' Compensation Law of the State of New York or any State or Federal body having jurisdiction over the location of operations being performed.

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D. Excess Liability

Any entity, including any of CONTRACTOR'S, subcontractors, agents, or assigns, must maintain Excess Liability Limits of $10,000,000 on a form which follows the underlying coverage. Coverage to include Contractual Liability without an injured worker exclusion and/or a third-party action over exclusion.

Excess Liability insurance shall not contain restrictions that prohibit or limit coverage in the event that an Owners and Contractors Protective liability policy also affords coverage.

E. Owners and Contractors Protective Liability – Contractors -Law 240 Work or Work in a public right of way

Owners and Contractors Protective Liability Insurance in the name of "Suffolk County Water Authority" for its own account and as trustee for the (named) Contractor as interest may appear.

Form: Designated contractor shall include the CONTRACTOR and all subcontractors. Coverage to include Contractual Liability without an injured employee/third party action over exclusion.

Limits: $1,000,000 each occurrence, $2,000,000 aggregate

The designated Contractor listed on the policy must be the (named) Contractor and any Subcontractors used in the performance of this agreement. Owners and Contractors Protective Liability insurance shall not contain restrictions that prohibit or limit coverage if general/excess liability policies also afford coverage.

F. Owners and Contractors Protective Liability – Subcontractors -Law 240 Work or Work in a public right of way

If a Subcontractor is not listed on the General Contractor's policy as a "designated" contractor then the subcontractor must provide:

Owners and Contractors Protective Liability Insurance in the name of "Suffolk County Water Authority" for its own account and as trustee for the (named) Subcontractor as interest may appear.

Form: Designated contractor shall include the Subcontractor. Coverage to include Contractual Liability without an injured employee/third party action over exclusion.

Limits: $1,000,000 each occurrence, $2,000,000 aggregate

The designated Contractor listed on the policy must be the (named) Subcontractor used in the performance of this agreement. Owners and Contractors Protective Liability insurance shall not contain restrictions that prohibit or limit coverage if general/excess liability policies also afford coverage.

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Miscellaneous:

i. All contracts between the General Contractor and a Subcontractor shall contain terms and conditions that require the Subcontractor to include the property owner (Suffolk County Water Authority) as an additional insured under all primary and excess liability policies.

Such policies include General Liability, Excess Liability, and Auto Liability. The contractor shall provide to Suffolk County Water Authority evidence of this provision contained in their contract with the subcontractor. In the event there is no written contract between the contractor and subcontractor, a Supplemental Insurance Agreement must be signed by the Contractor, Subcontractor, and the Suffolk County Water Authority. A specimen copy of the agreement will be provided.

ii Suffolk County Water Authority must be notified of any substantial impairment of any of the above limits at the inception of and/or during the term of this Agreement.

iii. All Certificates must contain the following provisions:

• Contract Number

• Indicate Suffolk County Water Authority is an Additional Insured

• Location and nature of activities on the Property.

• The time period that the Certificate covers.

iv. All subcontractors shall adhere to all provisions contained in this insurance section (unless otherwise deemed acceptable by Suffolk County Water Authority).

v. Renewal Certificates shall be furnished to the Authority upon the expiration of current policies.

vi. SCWA shall be the sole judge in determining the acceptability of the insurance provided by the Contractor and may waive Contractor’s compliance with some or all the requirements if it is deemed to be in the best interest of the SCWA.

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AGREEMENT

This Agreement made the ____ day of ______, 2026 is by and between Suffolk County Water Authority, with its principal office at P.O. Box 38, 4060 Sunrise Highway, Oakdale, New York, 11769, hereinafter “SCWA,” Contractor Name Here, hereinafter “Contractor Abbreviated Name” with offices at Address Here, and Subcontractor Name Here with offices at Address Here, hereinafter “Subcontract Abbreviated Name”, taken together the “Parties.”

WITNESSETH

Whereas, SCWA and Contractor Name Here executed SCWA Agreement #XXXX, “Description of Work ie. Furnish and Install a New Pre-Engineered Metal Building with Foundation and Disassemble for Transportation and Re-Assembly an Existing Metal Building at the Middleville Road Pump Station, Well Field & Standpipe, Fort Salonga, Town of Huntington, Suffolk County, New York And Transport and Re-Assemble the Existing Metal Building and Construct a Foundation At the County Road 111 Well Field and Pump Station Manorville, Town of Brookhaven, Suffolk County, New York”on Date Goes Here, (the “SCWA Contract”), attached hereto and made a part hereof, and

Whereas, the SCWA Contract required Contractor Name Here to add SCWA to and insure SCWA as an additional insured under Contractor’s insurance policies for the types and limits set forth in the SCWA Contract, (collectively the “Insurance Requirements”) and

Whereas, Contractor Name Here wishes to retain Subcontractor Name Here as its subcontractor to perform certain portions of the work required under the SCWA Contract, and

Whereas, the Parties wish to enter into this Agreement to require Subcontractor Name Here to add SCWA as an additional insured under Subcontractor’s Name Here insurance policies for the types and limits set forth in the Insurance Requirements, and to require Subcontractor Name Here to indemnify SCWA against loss.

Now therefore the Parties agree as follows.

1. The above recitals are incorporated herein.

2. Subcontractor Name Here has reviewed the SCWA Contract and agrees to adhere by the Insurance Requirements. Subcontractor Name Here will add SCWA to and insure SCWA as an additional insured under the Insurance Requirements. The Parties agree that the intent of this Agreement is to create an obligation for Subcontractor Name Here to insure SCWA under the same terms and conditions that Contractor Name Here insures SCWA under the SCWA Contract.

3. Subcontractor Name Here will provide evidence of such coverage to SCWA as deemed acceptable by SCWA. Subcontractor Name Here shall not commence any activity authorized under the SCWA Contract until SCWA approves the coverage.

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4. Subcontractor Name Here shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants, and employees against and from all suits, losses, demands, claims, payments, actions, recoveries, judgments and costs of every kind and description and from all damages to which the Suffolk County Water Authority or any of its members, officers, agents, servants and employees may be subjected by reason of injury to any person or to the property of the Suffolk County Water Authority or of others resulting from the performance of the SCWA Contract, or through any act or omission on the part of Subcontractor Name Here or its agents, employees, servants or subcontractor(s), or through any improper or defective machinery, implements or appliances used by Subcontractor Name Here, its agents, employees, servants or subcontractor(s) in the performance of the SCWA Contract, and Subcontractor Name Here understands and agrees that it shall defend, indemnify and save harmless, to the extent permitted by law, the Suffolk County Water Authority, its members, officers, agents, servants and employees from all suits and actions of any kind or character whatsoever which may be brought or instituted by any subcontractor, material man or laborer who has performed work or furnished materials, in the performance of the SCWA Contract.

5. The provisions of this Agreement are additive to Agreement #XXXX and in no manner diminish or impair SCWA’s rights or Contractor’s Name Here obligations under the same.

6. The…