Bid Notice.pdf

Contract No. RFB-VOSV-2026-001

Francis Place Culvert Replacement

VILLAGE OF SPRING VALLEY

ROCKLAND COUNTY, NEW YORK

CONTRACT NO. RFB-VOSV-2026-001

Prepared by:

VILLAGE OF SPRING VALLEY DPW

200 N. MAIN STREET

SPRING VALLEY, N.Y. 10977

COLLIERS ENGINEERING & DESIGN, CT, P.C.

300 Tice Boulevard, SUITE 101

Woodcliff, NJ 07645

July 21, 2026 ii Table of Contents

VILLAGE OF SPRING VALLEY

ROCKLAND COUNTY, NEW YORK

Prepared by: VILLAGE OF SPRING VALLEY DPW

NOTICE TO BIDDERS

SECTION I – INFORMATION FOR BIDDERS

A. CONTENTS

B. DATE AND TIME FOR FILING BIDS

C. BID FORM

D. INFORMAL BIDS

E. ACCEPTANCE OF BIDS

F. BID SECURITY

G. ATTENTION DIRECTED

H. BIDDERS TO INVESTIGATE

I. QUESTIONS REGARDING CONTRACT DOCUMENTS

K. TIME FOR COMPLETION

L. SEQUENCE OF CONSTRUCTION

M. EXISTING CONDITIONS

N. ABILITY AND EXPERIENCE OF BIDDER

O. BONDS REQUIRED

P. INSURANCE REQUIRED

Q. LICENSING

R. APPROVAL OF SUBCONTRACTORS

S. TAXES

T. SUPPLEMENTARY DEFINITIONS

U. SUBMITTAL OF PAYROLL RECORDS

V. OSHA REQUIRED TRAINING

W. MINORITY PARTICIPATION POLICY

X. PROTEST POLICY

Y. PROCUREMENT ETHICS

SECTION II – BIDDER’S PROPOSAL

A. STATEMENT AND CERTIFICATION OF NON-COLLUSION

B. IRAN DIVESTMENT ACT OF 2012 CERTIFICATION

C. BIDDER’S QUALIFICATIONS

D. MINORITY AND WOMEN-OWNED BUSINESS CERTIFICATIONS

E. BIDDER’S ACKNOWLEDGMENT OF ADDENDA

F. PROPOSAL PAGE(S)

SECTION III – CONTRACT AGREEMENT

A. PARTIES AND DEFINITIONS

A-2. Village A-3. Village Mayor iii

A-4. Village Clerk A-5. Completion A-6. Contract A-7. Contractor A-8. Village Engineer A-9. Notice A-10. Plans A-11. Site of Work A-12. Time A-13. Terms of Authority A-14. Fiscal Officer A-15. Engineer/Architect A-16. Provide A-17. Furnish A-18. Install A-19. Owner

B. AUTHORITY OF VILLAGE ENGINEER

B-2. Orders to Foreman B-3. Alterations or Deletions B-4. Access to Work, Places of Manufacture and Accounts B-5. Inspection B-6. Defective Work

C. RESPONSIBILITY OF THE CONTRACTOR

C-2. Contractor's Obligation C-3. Contractor to Provide Engineering C-4. Contractor to Give Personal Attention C-5. Contractor's Mistakes C-6. Contractor to Employ Sufficient Labor and Equipment C-7. Patents and Brands C-8. Intoxicants C-9. Prevention of Dust Hazard

D. TIME

D-2. To Complete Work D-3. Delay, Suspension and Extension D-4. Liquidated Damages D-5. Extension of Time for Completing the Work D-6. Abandonment and Suspension

E. INSURANCE AND INDEMNITY

F. LABOR

F-2. Hours of Work F-3. Wage Rates and Supplements

G. LAWS AND REGULATIONS

G-2. Labor and Other Laws G-3. Refusal to Testify G-4. Permits iv

G-5. Notice to Consolidated Edison G-6. Code 53 (16 NYCRR Part 753)

H. EXTRA WORK

H-2. Payment for Extra Work H-3. Records H-4. Subcontractors H-5. Failure to Perform Extra Work H-6. Extension of Time H-7. Not to Affect Bonds

I. PAYMENT

I-2. Statements Showing Amounts Due Others I-3. Amounts Due for Wages May be Withheld I-4. Liens I-5. Money May Be Retained I-6. Prices for Work I-7. Partial Estimates I-8. Partial Payment I-9. Withholding of Payments I-10. Certificate of Substantial Completion I-11. Semi-Final Payment I-12. Acceptance of Semi-Final Payment Constitutes Acceptance I-13. Final Completion and Final Estimate I-14. Correction of Estimate I-15. Five Percent to be Retained I-16. Final Estimate to End Liability

J. PERIOD OF MAINTENANCE

J-2. Guarantee J-3. Repairs J-4. Manufacturer’s Equipment Certification J-5. Final Certificate and Final Payment

K. MISCELLANEOUS CONTRACT DATA

K-2. Ownership of Materials K-3. Village’s Representative Only K-4. Limitation of Waiver Clause K-5. Contract Binding on Successors K-6. Assignment Restricted K-7. Sub-letting K-8. Contractor's Address for Service

L. EXECUTION OF CONTRACT AND ACKNOWLEDGMENTS

M. SAMPLE PERFORMANCE BOND AND ACKNOWLEDGMENTS

N. SAMPLE PAYMENT BOND (Labor and Materials) AND ACKNOWLEDGMENTS

SECTION IV – GENERAL REQUIREMENTS

A. SCOPE OF WORK

B. LINES

v

C. REPRESENTATIVE ALWAYS PRESENT

D. ALTERATIONS

E. INFORMATION ABOUT QUANTITIES OF MATERIALS

F. CONTRACTOR’S SUBCONTRACT AND MATERIAL LISTS

G. EQUIVALENT QUALITY

H. CARE AND PROTECTION OF WORK

I. EXPLOSIVES AND BLASTING

J. WORK IN BAD WEATHER

K. NIGHT AND SUNDAY WORK

L. EXISTING UTILITIES: UTILITY SERVICE

M. NOTIFICATION OF UTILITIES

N. SANITARY REGULATIONS

O. PREVENTION OF DUST HAZARD

P. MAINTENANCE AND PROTECTION OF TRAFFIC, OBTAINING PERMITS

Q. GROSS LOADS HAULED ON HIGHWAY

R. CLEANING UP SITE

S. PHOTOGRAPHS

T. CLAIMS FOR DAMAGES CAUSED BY THE OWNER OR ITS AGENTS

U. QUALITY CONTROL

V. TESTS

SUBSTANTIAL COMPLETION RELEASE

FINAL COMPLETION RELEASE

SCOPE OF WORK

SUPPLEMENTAL ATTACHMENTS

- Culvert Replacement Plans by Colliers Engineering & Design (15 pages)

- Technical Specifications (17 pages)

- Prevailing Wage Schedule (70 pages)

- Cost Proposal Page (1 page)

- Federal Contract Clauses (Must be submitted with bid)

Notice to Bidders 1

COUNTY OF ROCKLAND PURCHAISNG

DIVISION ON BEHALF OF THE VILLAGE

OF SPRING VALLEY

ROCKLAND COUNTY, NEW YORK

NOTICE TO BIDDERS

Notice is hereby given that sealed bids will be received by the Rockland

County Purchasing Division, 50 Sanatorium Road, Bldg. A, 6th Floor, Pomona, NY 10970, on behalf of the Village of Spring Valley for the following contract(s):

CONTRACT NO. RFB-VOSV-2026-001: Francis Place Culvert Replacement in

Spring Valley, NY

The principal feature of the proposed work is to replace the culvert along Francis Place in Spring Valley, NY as described in the attached

Improvement Plans and in the Scope of Work (on page 98). Work includes excavating, culvert replacement, sidewalk, bridge rail, paving etc.

Bids for the above referenced bid number and title will be received until

3:00 PM on August 27, 2026, at the Rockland County Purchasing Department, at 50 Sanatorium Road, Building A, 6th Floor, Pomona, NY 10970 at which time and place bids will be publicly opened and read. Specifications and bid forms may be downloaded at: www.bidnetdirect.com. Please make note that the United States Postal Service does not deliver directly to this facility, however, other overnight couriers DO deliver directly to our facility. It is recommended that proposals be submitted in advance, at least one day prior to the specified date and time to allow for a timely receipt. LATE BIDS will NOT be considered.

OBTAINING DOCUMENTS: The County of Rockland officially distributes bidding documents from the Purchasing Division Office or through the

Empire State Purchasing Group's Regional Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. Only those vendors who obtain bidding documents from either the Purchasing Division Office or the Regional Bid Notification

System are guaranteed to receive addendum information, if such information is issued.

BID SECURITY: Each proposal must be accompanied by bid security in the amount of five percent (5%) of the bid, in the form and subject to the conditions stipulated in the bid documents.

PRE-BID MEETING: A mandatory pre-bid meeting is scheduled for August 6 at 11:00 AM at the project site, 68 Francis Place (Spring Valley, NY), for all trades to discuss any items or questions that arise during the bid process.

http://www.bidnetdirect.com/

Notice to Bidders 2

MINORITY PARTICIPATION POLICY: It is the policy of the Village of

Spring Valley to include minority and women-owned businesses in our solicitations and to take affirmative steps to ensure that

M/WBE’s have full participation in our procurement process.

Moreover, this contract is federally funded and contractor participation shall be in accordance with ARPA funded grants.

By order of the Village Board of Trustees, Village of Spring Valley.

Diana Montgomery, Village Clerk

Village of Spring Valley

Dated: July 21, 2026

Information for Bidders 3

3:00 P.M. Local Prevailing Time

August 27, 2026

SECTION I – INFORMATION FOR BIDDERS

A. CONTENTS

Attention of bidders is called to the contents of the Notice to

Bidders, a copy of which is annexed hereto and made a part hereof.

All the work in this contract is described in detail in the Plans and Specifications, Information for Bidders, Bidder's Proposal and

Contract Documents, all of which are attached hereto and made a part hereof.

B. DATE AND TIME FOR FILING BIDS

Bids for the above referenced bid number and title will be received until 3:00 PM on August 27, 2026, at the Rockland County

Purchasing Department, at the above address, at which time and place bids will be publicly opened and read. Specifications and bid forms may be downloaded at: www.bidnetdirect.com. Please make note that the United States Postal Service does not deliver directly to this facility, however, other overnight couriers DO deliver directly to our facility. It is recommended that proposals be submitted in advance, at least one day prior to the specified date and time to allow for a timely receipt. LATE BIDS will NOT be considered.

All bids shall be enclosed in a sealed envelope and addressed as follows:

Bids for: Francis Place Culvert Replacement

Contract NO. RFB-VOSV-2026-00X

Attention: Paul J. Brennan, Director of Purchasing

County of Rockland Purchasing Division

50 Sanatorium Road, Building A, 6th Floor

Pomona, NY 10970

Opening:

http://www.bidnetdirect.com/

Information for Bidders 4

C. BID FORM

All bids must be upon the blank form for the proposal attached hereto, state the proposal price for each item of work both in words and in figures, and be signed by the bidder with his business address and place of residence. In case of any discrepancy, the written prices in words shall be considered the prices bid.

Bidders shall not remove or submit the proposal pages separately from the volume of contract documents but shall submit their proposals bound in with the complete volume of documents, including all pages, correctly assembled.

All bids must be submitted to the Rockland County Purchasing

Division in a sealed envelope endorsed with the name of the contract, the contract number, and the name of the person making the same.

D. INFORMAL BIDS

The Village Board of Trustees of the Village of Spring Valley may reject, as informal, bids which are incomplete, conditional, or obscure, or which contain additions not called for, erasures, alterations, or irregularities of any kind, or the Village Board may waive any such informality they may deem immaterial or non-prejudicial to the Village and other bidders.

The Village Board reserves the right to select the bid or proposal the acceptance of which will, in their judgment, best secure the sufficient performance of the work or to reject any or all bids.

E. ACCEPTANCE OF BIDS

No bid will be allowed to be withdrawn for a period of 45 days for any reason whatsoever after it has been deposited and opened with the County of Rockland Purchasing Division. No bid will be accepted from, or contract awarded to, any person who is in arrears with the Village of Spring Valley, upon debt or contract, nor who is in default, as surety or otherwise, upon any obligation to the Village of Spring Valley.

Information for Bidders 5

F. BID SECURITY

A certified check, cashier’s check, or bid bond in the amount of five percent (5%) of the proposal submitted must accompany each bid. Certified or cashier's checks shall be made payable to the

Village of Spring Valley. Bid bonds must be issued by an approved bonding or insurance company, authorized to do business with the

State of New York.

All bid deposits, whether check or bond, shall be held by the

Village of Spring Valley, as security that the person or persons to whom the contract shall be awarded will enter into a contract therefore and give security for the performance thereof within ten

(10) calendar days after notice of such award. Such bid deposit must be enclosed in the sealed envelope containing the bid.

Bid deposits will be returned to all except the three (3) lowest responsive and responsible bidders within ten (10) business days after the formal opening of the bid.

Bid deposits will be returned to the three (3) lowest responsive and responsible bidders within ten (10) business days after the

Village and the accepted bidder have executed the contract, or, if no contract has been so executed, within forty-five (45) days after the opening of the bids, or upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid.

If the bidder to whom the contract shall have been awarded shall refuse or neglect to execute and deliver the same and furnish the security required within ten (10) calendar days after due notice that the contract has been awarded to him, the amount of the bid deposit made by him shall be retained by the Village of Spring

Valley as liquidated damages for such neglect or refusal, not as a penalty, and shall be paid into the General Fund of the Village of Spring Valley. But if the said bidder to whom the contract is awarded shall execute and deliver the contract and furnish the said security within the time specified, the amount of the bid deposit will be returned to him.

The bidder by submission of this bid agrees with the Village of

Spring Valley that the amount of said bid deposit represents the minimum amount of the damages the Village will suffer by reason of any default as aforesaid.

Information for Bidders 6

G. ATTENTION DIRECTED

The attention of the bidders is directed to those provisions of the Contract Agreement relative to:

Compliance with Laws

Labor Conditions

Wage Rates

Insurance Required

Bonds Required

New York State Labor Department Contractor’s Registry

H. BIDDERS TO INVESTIGATE

Bidders are required to submit their proposals upon the following express conditions, which shall apply to and become part of every bid received:

Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may desire as to actual conditions and requirements of the work.

I. QUESTIONS REGARDING CONTRACT DOCUMENTS

In general, no answer will be given in reply to an oral question, if the question involves an interpretation of the intent or meaning of the plans or contract documents or the equality of use of products or methods other than those definitely designated or described in the specifications. All information given to bidders other than by means of the plans or contract documents or by

Addenda as described below, is given informally and shall not be used as the basis of a claim against the Village of Spring Valley or the Village Engineer.

To receive consideration, such questions shall be submitted in writing to the Rockland County Purchasing Division at purchasing@co.rockland.ny.us at least ten (10) calendar days before the established date for receipt of bids.

The Rockland County Purchasing Division will arrange as Addenda, which shall become a part of the contract, all questions received as above provided, with a decision regarding each. At least three

Information for Bidders 7

(3) calendar days prior to the receipt of bids, he will send a copy of these Addenda to each of those who has taken out the contract documents.

PRE-BID CONFERENCE: The bidders are advised that a mandatory pre-bid conference will be held by the owner for the purpose of addressing contractors’ questions during the bidding process. The conference will be held as follows:

Date: August 6, 2026

Time: 11:00 AM

Place: Project Site

J. SCOPE OF WORK

The principal feature of the proposed work is to replace the Francis

Place culvert as described in the attached Improvement Plans and the

Scope of Work section of this document.

[Information for Bidders continues on following page.]

Information for Bidders 8

K. TIME FOR COMPLETION

It is the purpose of the Village Engineer to build the works under his charge in the shortest period of time consistent with good construction. A complete and well-designed construction plan and effective organization will be insisted upon.

The attention of the prospective bidders is especially directed to the contract requirements as to the time of the beginning work, the rate of progress and the time allowed for construction and completing the work, as set forth herein and elsewhere in this contract.

All work shall be completed on or before 90 calendar days after written Notice to Proceed.

TIME OF THE ESSENCE: The time in which the contract is to be completed is of the essence of this contract. The bidder must include with his bid at the time of submittal a detailed construction schedule, a listing of labor and equipment to be assigned to the contract including that of all proposed subcontractors, and the name and experience record of the superintendent to be assigned to the work who must be at the site during the full course of the work. If, in the opinion of the

Village, any bidder fails to demonstrate that he has suitable capital, experience, labor and plant to complete the work within the prescribed time of completion, the Village will consider his bid informal and non-responsive and reject any such bid from further consideration.

[Information for Bidders continues on following page.]

Information for Bidders 9

L. SEQUENCE OF CONSTRUCTION

The work shall be carried out in the order and sequence directed by the Village Engineer or his authorized representative.

The Contractor shall protect all features not subject to replacement/removal, included but not limited to: surrounding landscaping, existing bridge features, etc.

As noted earlier in this section, the bidder must submit a detailed construction plan with his proposal demonstrating his ability to complete the work in the time allotted. This plan shall include as a minimum:

1. Name and experience of the superintendent and crew foremen to be assigned to the work. Names and telephone numbers of

Contractor’s after-hours emergency contact personnel.

2. List of equipment to be assigned to the work including that of any proposed subcontractors. If equipment is not owned by the Contractor or subcontractor(s), the bidder shall submit a letter from the rental supplier stating that, should the bidder be awarded the contract, the equipment would be available for the duration of the work.

3. Number and classification of employees to be assigned to the work including those of any proposed subcontractors.

4. A detailed work schedule, by phase, with identifiable start and finish dates for the various items of work.

Information for Bidders 10

M. EXISTING CONDITIONS

Bidders must satisfy themselves by a personal examination of the location of the proposed work and/or by such other means as they may prefer, as to the actual conditions and requirements of the work and shall not at any time after submission of a bid assert or claim that there was any misunderstanding in regard to the nature of the work or the conditions affecting the work.

N. ABILITY AND EXPERIENCE OF BIDDER

It is the purpose of the Village of Spring Valley not to award this contract to any bidder who does not furnish evidence satisfactory to the Village that he has ability and experience in this class of work, that he has sufficient capital and plans to enable him to prosecute the same successfully and to complete it in the time named.

The Village may make such investigations as it deems necessary to determine the ability of the bidders to perform the work.

Information regarding experience, financial resources and facilities shall be submitted in the Bidder's Proposal. The Village

Board of Trustees reserves the right to reject any proposal if the evidence submitted by or the investigations of such bidder fails to satisfy it that such bidder is properly qualified to carry out the work contemplated under this contract.

O. BONDS REQUIRED

For the performance of the contract, a performance bond and labor and materials payment bond will be required, each of which shall be in the amount of one hundred percent (100%) of the contract price, shall be in the annexed forms, shall be signed by the party to whom the work is awarded and by a solvent fidelity or surety company authorized by the laws of this State to transact such business, and must meet with the approval of the Village as to adequacy, form and correctness.

Information for Bidders 11

The bidder to whom a contract is awarded shall be prepared to attend at the Office of the Village Clerk to execute the contract, to furnish all required bonds, and to furnish the required insurance or acceptable binders or certificates within ten (10) calendar days after written notice from the Village Engineer that the contract has been awarded to him. In case of failure or neglect to do so he may be deemed to have abandoned the contract as in default to the Village under the provisions set for above.

If, at any time after the execution and approval of this contract and the performance and payment bonds required by the contract documents, the Village of Spring Valley shall deem any of the sureties upon such bond to be inadequate security for the Contract, the Contractor shall, within five (5) calendar days after notice from the Village of Spring Valley, furnish a new or additional bond in form, sum and signed by such sureties as shall be satisfactory to the Village of Spring Valley. No further payment shall be deemed due nor shall any further payment be made to the

Contractor unless and until such new or additional bond shall be furnished and approved. Premiums on such bonds will be paid for by the Contractor.

P. INSURANCE REQUIRED

The attention of bidders is called to the fact that the Contractor shall be required to take out and continue in effect during the life of the contract insurance with the provisions fully set forth elsewhere in this contract and in the amounts specified herein. If binders or certificates are accepted temporarily, bidders should note that policies must be furnished and approved before any payment will be made under a contract.

Q. LICENSING

All contractors must be properly licensed by all required municipal and/or other regulating entities to perform all matters of business required by this Contract prior to the execution of work.

Information for Bidders 12

R. APPROVAL OF SUBCONTRACTORS

The Village of Spring Valley reserves the right of approval or disapproval of all Subcontractors.

S. TAXES

The Village of Spring Valley is exempt from payment of all State and local sales and compensating use taxes of the State of New

York and of cities and counties on the purchase of all materials and supplies incorporated in and becoming an integral component part of the work, structures, buildings or real property. Such taxes shall not be included in the Price Bid. This exemption does not, however, apply to tools, machinery, equipment or other property purchased by or leased to the Contractor or a subcontractor or to supplies, machinery, equipment and materials which, even though they are consumed in the performance of the

Contract, are not incorporated into the completed work. The

Contractor and all subcontractors shall be responsible for and shall pay any and all applicable taxes, including sales and compensating use taxes, on such tools, machinery, equipment or other property and upon all such unincorporated supplies and materials.

The Village of Spring Valley will furnish the required certificates of tax exemption to the Contractor for use in the purchase of supplies and materials to be incorporated into the work.

The Contractor and all subcontractors and material suppliers shall be solely responsible for obtaining or delivering any and all exemption or other certificates and for furnishing a Contractor

Exemption Purchase Certificate or other appropriate certificates to all persons, firms or corporations from whom they purchase supplies, materials and equipment for the performance of the work.

T. SUPPLEMENTARY DEFINITIONS

Wherever reference is made to any published standards, codes or standard specifications, it shall mean the latest standard, code, specification or tentative specification of the technical

Information for Bidders 13 society, organization or body referred to, which is in effect at the date of the Notice to Bidders. Where specified articles, sections, paragraphs or other subdivisions of the referenced publications are not stated, the referenced publication shall apply in full.

The following is a partial list of typical abbreviations that may be used in the specifications and the organizations to which they refer:

AASHTO American Association of State Highway and

Transportation Officials

AIA American Institute of Architects

ACI American Concrete Institute

ACIFS American Cast Iron Flange Standards

AGA American Gas Association

AGMA American Gear Manufacturer Association

AISC American Institute of Steel Construction

ANSI American National Standards Institute

ASME American Society Mechanical Engineers

ASTM American Society for Testing and Materials

AWS American Welding Society

AWWA American Water Works Association

API American Petroleum Institute

EEI Edison Electric Institute

Fed Spec Federal Specifications

IEEE Institute of Electrical and Electronic Engineers

IPCEA Insulated Power Cable Engineers Association

NBC National Building Code

NEC National Electric Code

NEMA National Electrical Manufacturers Association

NPC National Plumbing Code

NSF National Sanitation Foundation

NYSBCC New York State Building Construction Code

OSHA Occupational Safety and Health Administration

STANDARD SPECIFICATIONS - The STANDARD SPECIFICATIONS, CONSTRUCTION AND MATERIALS, latest version, and any ADDENDA as prepared by the New York State Department of Transportation.

The Contractor shall, when required, furnish evidence satisfactory to the Village Engineer that materials and methods are in accordance with such standards where so specified. Should any questions arise as to the application of these standards, Information for Bidders 14 the Contractor shall supply copies on site. The same procedure shall be followed in regard to manufacturers' instructions and recommendations.

U. SUBMITTAL OF PAYROLL RECORDS

The Contractor must submit certified transcripts of his or her payroll records and all subcontractor payroll records with each request for payment. Said payroll transcripts must include all work performed under this Contract for the period of time covered on the accompanying payment request.

Pursuant to New York Labor Law section 220(3-1)(a)(iv) the Village of Spring Valley as the Department of Jurisdiction is required to maintain such original payroll records or transcripts thereof for five years from the date of completion of the work on the awarded contract. The Village of Spring Valley Department of Public Works shall designate in writing the employee responsible for the receipt, collection and review of the facial validity of payrolls.

V. OSHA REQUIRED TRAINING

OSHA 10-hour Construction Safety and Health Course:

This provision is an addition to the existing prevailing wage rate law, Labor Law §220, Section 220-h. It requires that on all public work projects of at least $250,000, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course.

The General Contractor will submit certification of each on-site employee’s OSHA-certified completion of this course to the Village

Engineer, or his/her designated representative, prior to beginning work on site. These certifications will be randomly audited by the

Village of Spring Valley against certified payroll records submitted with payment requests.

Any questions regarding this statute should be directed to the New

York State Department of Labor, Bureau of Public Work, at 518-485-

5696.

Information for Bidders 15

W. MINORITY PARTICIPATION POLICY

It is the policy of the Village of Spring Valley to include minority and women-owned businesses in our solicitations and to take affirmative steps to ensure that M/WBE’s have full participation in our procurement process. The Village of Spring Valley will use its best efforts to encourage, promote and increase participation of business enterprises owned and controlled by persons of color or women (MBE/WBE) in contracts and projects funded by the Village and to develop a policy to efficiently and effectively monitor such participation. Nothing herein shall be construed to authorize the Village of Spring Valley to award any contract in violation of the competitive bidding laws of New York State or the Charter and

Local Laws of the Village of Spring Valley.

Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432

(concerning Minority Business Enterprise), and 12138 (concerning

Women's Business Enterprise), when applicable.

Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:

a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;

b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;

c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;

d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business;

e. Using the services and assistance of the Small Business

Administration, and the U.S. Office of Minority Business

Development Agency of the Department of Commerce; and

f. If any subcontracts are to be let, requiring the prime

Contractor to take the affirmative steps in a through e above.

Information for Bidders 16

For the purposes of these requirements, a Minority Business

Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or

Pacific Islander, American Indian, or Alaskan Natives.

A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

X. PROTEST POLICY

1. It is the policy of the Village of Spring Valley to provide all bidders with an opportunity to administratively resolve complaints or inquiries related to bid solicitations or pending contract awards. The Village encourages bidders to seek resolution of complaints concerning the contract award process through consultation with the responsible

Department Head and Village Mayor. All such matters will be accorded impartial and timely consideration.

2. It is strongly recommended that Village staff encourage, be receptive to and resolve issues, inquiries, questions and complaints on an informal basis, whenever possible.

Information provided by any interested party should be fully reviewed by the Department Head and the Village

Mayor. Responses to the inquirer should indicate the existence of a formal protest policy available to them should the informal process fail to resolve the matter.

Staff should document the subject matter and results of any informal inquiries.

3. Bidders may file formal written protests. Final Village determinations or recommendations for award generally may only be reconsidered in the context of a formal written protest. Any potential bidder, who believes it has been aggrieved in the drafting or issuance of a bid solicitation, request for proposals or by a pending contract award, may present to the Village Mayor a formal complaint and request administrative relief concerning such action (“Formal

Protest”).

4. Formal protests which concern the drafting of bid solicitations or requests for proposals must be received by the Village Mayor at least ten (10) business days before the date set in the solicitation for receipt of bids or date to submit responses to a request for proposals. If

Information for Bidders 17 the date set in the solicitation for receipt of bids is less than ten (10) business days from the date of issue, formal protests concerning the bid document must be received by the Village Mayor at least twenty-four (24) hours before the time designated for receipt of bids.

5. Formal protests concerning a pending contract award must be received within ten (10) business days after the protesting party knows or should have known of the facts which form the basis of a protest.

6. A formal protest must be submitted in writing to the Village Mayor by mail, facsimile transmission or e-mail.

The formal protest must include; a) a statement of all grounds for disagreement with the Village’s bid solicitation or procurement determination; b) a description of all remedies or relief requested; and c) all applicable supporting documentation. Protests should be delivered to the Village Mayor at 200 N. Main Street, Spring Valley, New York 10977 or by email at Asimon@Villagespringvalley.org.

7. Protests may be resolved through verbal or written correspondence, and/or either the protesting party or the

Village Mayor may request a meeting to discuss a formal protest. The Village Mayor will conduct a review of the records involved in the protest. If a formal bid protest is received, a final determination on the protest should be made prior to approval of the award. However, during the pendency of the protest, bid evaluation and review of the recommended award may continue to be conducted at the discretion of the Village Mayor.

mailto:Asimon@Villagespringvalley.org

Information for Bidders 18

8. A copy of the Village Mayor’s decision stating the reasons upon which it is based and informing the protester of the right to appeal an unfavorable decision to the Board of

Trustees shall be sent to the protesting party within twenty (20) business days of receipt of the protest, except upon notice to the protesting party, the period may be extended. The Village Mayor’s determination shall be included in the bid file. If the Village Mayor determines that there are compelling reasons, including the need to proceed immediately with the contract award in the best interest of the Village, then the protest procedure herein may be suspended, and such determination shall be documented in the procurement documents.

9. Should the protesting party be dissatisfied with the protest determination, a written appeal may be directed to the Board of Trustees by mail at 200 N. Main Street, Spring

Valley, New York 10977 or by email at

Nsharif@villagespringvalley.org.

10 . Written notice of appeal must be received no more than ten

(10) business days after the decision is sent to the protesting party. Unless a timely Notice of Appeal is received, the decision of the Village Mayor shall be a final determination. The decision of the Board of Trustees shall be issued within twenty (20) business days of receipt of the notice of appeal. The appeal to the Board of Trustees may not introduce new facts unless responding to issues raised by the Village Mayor in the initial protest determination.

Y. PROCUREMENT ETHICS

1. Procurements are an expenditure of public monies, and public employees must always ensure that all procurements are conducted so as not to cause any concern that special considerations have been shown to a bidder/proposer.

Actions such as providing a bidder/proposer with information that is not available to other bidders/proposers or accepting a gift from a potential contractor could be construed as showing favoritism and may violate state and/or Village law.

mailto:Nsharif@villagespringvalley.org

Information for Bidders 19

2. Contractors and their representatives have a responsibility to deal ethically with the Village and its employees, and to respect the ethical duties of Village employees.

Information provided by contractors to the Village must be complete and accurate. Contractors must at all times avoid conduct that is in restraint of competition. Contractors must not request Village employees to engage in conduct that would violate the law.

Bidder’s Proposal 19

SECTION II – BIDDER’S PROPOSAL

A. STATEMENT AND CERTIFICATION OF NON-COLLUSION

COMPLIANCE WITH SECTION 103-d of GENERAL MUNICIPAL LAW

1. 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 thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief:

a) 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 bidder or with any competitor; and

b) 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

c) 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.

2. A bid shall not be considered for award nor shall any award be made where (1) (a), (b) and (c) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets further in detail the reasons therefor. Where (1) (a), (b) and (c) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Village of Spring Valley Corporation Counsel, or its designee, determines that disclosure was not made for the purpose of restricting competition.

Bidder’s Proposal 20

3. The fact that a bidder has published price lists, rates, or tariffs covering items being procured, has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of paragraph 1 above.

4. Any bid hereafter made hereunder by a corporate bidder for work or services performed or to be performed by, goods sold or to be sold, where competitive bidding is required by statute, rule regulation, or local law, and where such bid contains the certification referred to in paragraph 1 above, shall be deemed to have been authorized by the Board of

Directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate to non-collusion as the act and deed of the corporation.

Dated

Legal Name of Person, Firm, or Corp.

(Seal of Corporation)

Business Address of Person, Firm or

Corporation

By:

Signature

Bidder’s Proposal 21

NON-COLLUSIVE BIDDING CERTIFICATION BIDDER INFORMATION

Bidder to provide information listed below: (Please print)

Bidder Address:

Federal Identification No.:

Name of Contact Person:

Phone # of Contact Person:

If Bidder is a Corporation:

President’s Name & Address:

Secretary’s Name & Address:

Treasurer’s Name & Address:

If Bidder is a Partnership:

Partner’s Name & Address:

Partner’s Name & Address:

If Bidder is a Sole Proprietorship:

Owner’s Name & Address:

Bidder’s Proposal 22

B. IRAN DIVESTMENT ACT OF 2012 CERTIFICATION

General Municipal Law section 103-g imposed requirements on local governments to ensure that public contracts are not awarded to entities invested in the Iranian energy sector. The statute also notes that, “a bid may not be considered for award nor may an award be made where the bidder has not submitted the statement of non-investment.” (Purchasing Goods and Services: A Guide to

Competitive Bidding and Procurement, (NYCOM March, 2015).

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 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 State Finance Law.

Affirmation:

Legal Name of Person, Firm or Corp.

Business Address of Person, Firm or Corp.

Signature

Print Name

Print Title

Date

Bidder’s Proposal 23

C. BIDDER’S QUALIFICATIONS

The undersigned offers the following information as evidence of his or their facilities, ability and/or financial resources available for the fulfillment of the contract, if such be awarded to him or them:

FACILITIES - That he or they own and have available for immediate use on the proposed work, the following plant and equipment:

ABILITY - That he or they have experience in the performance of their trades in projects of similar scope and size.

REFERENCES - Provide references from projects of similar scope and magnitude.

PROJECT NAME LOCATION OWNER/TEL.# CONTRACT $

The contractor hereby authorizes the Village to contact the above people:

SIGNED DATE

Bidder’s Proposal 24

FINANCIAL RESOURCES - That information relative to his or their financial resources can and may be obtained from the following

(give, name, business and address; at least one must be a bank):

NAME BUSINESS ADDRESS

Upon request, the undersigned will amplify the foregoing statements as may be required and necessary to satisfy the Village concerning his or their ability to successfully perform the work in a satisfactory manner within the required time.

SUBCONTRACTOR(S) - List any subcontractor(s) you plan to use for any part of this work and provide details:

SUBCONTRACTOR NAME DETAIL OF WORK TO BE SUBCONTRACTED

The Bidder shall submit, with his/her bid, the above qualifications data for each of the listed subcontractors.

Bidder’s Proposal 25

BUSINESS ORGANIZATION AND QUALIFICATIONS SIGNATURE

State the true, exact, correct and complete name of the sole proprietorship, partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of the individuals who do business under the trade name.) It is absolutely necessary that the Bidder furnish this information.

Please fill-in completely and print unless signature required.

a) Correct name of Bidder

b) The business is a

c) The principal place of business address is:

d) The names of the corporate officers, or partners, or individual(s) doing business under a trade name, are as follows:

Bidder Signature

Bidder Title

Bidder’s Proposal 26

D. MINORITY AND WOMEN-OWNED BUSINESS CERTIFICATIONS

In order to monitor minority and women-owned business enterprise

(MWBE) participation in the Village of Spring Valley’s solicitation and procurement processes, we request that you answer the questions below. If you do not answer the questions, we will assume that you do not wish to be considered a minority and/or women-owned business.

A minority-owned business is defined as a business that is 51% or more owned and controlled in a substantial and continuing manner by people who are eligible minorities or, in the case of a publicly owned business, where 51% or more of the voting shares of the corporation are owned by people who are eligible minorities.

Eligible minorities are defined as Blacks, Hispanics, Asians, American Indians, Eskimos and Aleuts.

A women-owned business is defined as a business that is 51% or more owned and controlled in a substantial and continuing manner by women, or in the case of a publicly owned business, where 51% or more of the voting shares of the corporation are owned by women.

Are you a Minority-Owned Business? Yes No

Are you a Women-Owned Business? Yes No

What Minority group(s) are you?

What percentage of ownership or voting power in shares of your business do Minorities and/or Women own?

Please identify, by name, Minority/Women owners of your business and ownership percentage of each:

Bidder’s Proposal 27

E. BIDDER’S ACKNOWLEDGMENT OF ADDENDA

The undersigned acknowledges receipt of Addenda as listed below and represents that any additions or modifications to, or deletions from the work called for in these Addenda, are included in the

Base Bid Sum, if affected thereby.

ADDENDA NO. DATED

Bidder Signature

Bidder Title

Bidder’s Proposal 28

VILLAGE OF SPRING VALLEY

ROCKLAND COUNTY, NEW YORK

F. PROPOSAL PAGE(S)

For furnishing and installing free of Federal, State and Local

Taxes:

LUMP SUM / TOTAL BID PRICE ($)

PRICE IN WORDS

In the event of a discrepancy or unclear bid, the price in words shall govern.

Dated:

Name of Company:

Address:

Signature: Title:

Print Name:

Phone: Fax:

Federal ID Number

NO PAGES ARE TO BE REMOVED FROM THIS CONTRACT

Contract Agreement 29

SECTION III – CONTRACT AGREEMENT

NOTE: The headings, titles, table of contents and indexes printed or written on the pages following, preceding or attached, are intended for the convenience of reference only, and do not form part of the contract or specifications.

A. PARTIES AND DEFINITIONS

This agreement dated as of the day of

, 20 by and between the Village of Spring Valley, a municipal corporation of the

State of New York, and hereinafter designated the Village, party of the first part, and hereinafter designated the Contractor, party of the second part.

The parties to these present, each in consideration of the mutual promises, covenants and agreements herein contained, do hereby covenant, promise and agree each with other as follows:

NOTE: Whenever the words defined in this article or pronounced used in their stead occur in this contract and in the Notice to

Bidders, Information for Bidders, Bidder's Proposal, Plans and

Specifications hereto attached and made a part of this contract, they shall have the meaning here given:

A-1. Acceptance

Shall mean at the conclusion of the period of maintenance, as provided for herein, and shall be followed by the payment to the

Contractor for all moneys retained by the Village and his release by it from all bond obligations.

A-2. Village

Shall mean the Village of Spring Valley.

Contract Agreement 30

A-3. Village Mayor

Shall mean the Village Mayor of the Village of Spring Valley, or any officer duly authorized by the Village Mayor to act in his or her absences for the Village in the execution of the work required by this contract.

A-4. Village Clerk

Shall mean the Village Clerk of the Village of Spring Valley, or any officer duly authorized by the Village Clerk of the Village of

Spring Valley to act for the Village in the execution of the work required by this contract.

A-5. Completion

Shall mean the finishing of all work of a contract and its preparation for test by actual use otherwise and shall be certified to by the Village Engineer. During the maintenance period provided for herein, the Contractor without undue interference with such use, shall maintain his work without extra cost to the Village in the condition specified, and his bond and retained percentage shall be held for such performance, as provided herein.

A-6. Contract

"Contract" shall mean and include in their entirety any "Special

Notice(s) to Bidders"; the "Notice to Bidders", "Information for

Bidders”, “Bidder's Proposal”, and the “Contract Agreement”; any

“General Requirement(s)” clauses, terms, conditions, and/or specifications referred to as such or in a like manner; and all

Technical Specifications and Drawings listed, attached, annexed, included, and/or referenced herein. Said “Contract” shall also include any and all Addenda issued to this Bid/Contract as specified in Section I - INFORMATION FOR BIDDERS. All required forms, acknowledgments, and certifications included herein shall be construed as integral parts of the “Contract”.

A-7. Contractor

Shall mean the party of the second part above designated entering into this contract for the performance of the work

Contract Agreement 31 required by it, and the legal representative of said party of the agent appointed to act for said party in the performance of the work. In the Contract Documents it shall be understood to mean each and every Prime Contractor who has a Contract with the Owner except in cases where the term is used in the Technical

Specification Sections identified as work of one particular

Contractor.

A-8. Village Engineer

Shall mean the person holding the position or acting in the capacity of the Village Engineer of the Village of Spring Valley, acting either directly or through his properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. Whenever the aforesaid Village Engineer is unable to act in consequence of absence or other cause, then such person shall designate an assistant and that assistant shall perform all the duties and be vested with all the powers herein given the said Village Engineer.

A-9. Notice

Shall mean written notice. Written notice shall have been deemed to have been duly served when delivered in person to the person, firm or corporation for whom intended or to his, their or its duly authorized officer, agent or representative, or when delivered at the last know business address of such person, firm or corporation, or when enclosed in a postage prepaid sealed wrapper or envelope addressed to such person, firm or corporation, or when enclosed in a postage prepared sealed wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address, and deposited in the U.S. Mails in a receptacle regularly maintained for such purposes by the government.

A-10. Plans

Shall mean all the plans of the work accompanying this contract, which such subsequent details as the Village Engineer may give or approve from time to time.

Contract Agreement 32

A-11. Site of Work

Shall mean the immediate locality of the work done or to be done under the contract, including all the land or easements thereto acquired or to be acquired by the Village, and the land, part of highway contiguous to the said work, land or easements, and all temporary or permanent storage place of equipment or material in the work.

A-12. Time

Year, month, week and day shall mean those respective calendar periods unless otherwise specified.

A-13. Terms of Authority

Unless the context clearly…