Bid Notice.pdf

City of Oneonta

CONTRACT 2026-007-G

HILL PLACE & LAWN AVENUE

SIDEWALK REPLACEMENT

DANIEL BUTTERMAN

Mayor Elayne Mosher-Campoli Len Carson 1st Ward Council Member 5th Ward Council Member

Cecilia Walsh-Russo Scott Harrington 2nd Ward Council Member 6th Ward Council Member

Shannon McHugh Carolyn Marks 3rd Ward Council Member 7th Ward Council Member

Kaytee Lipari Shue Don Mathisen 4th Ward Council Member 8TH Ward Council Member

Greg Mattice, P.E.

City Administrator

Chris Yacobucci

Public Works Director

Gino Huggins Project Engineer

David Merzig City Attorney

JULY 2026

THIS PAGE INTENTIONALLY LEFT BLANK

SECTION I - TABLE OF CONTENTS

SECTION I - TABLE OF CONTENTS

SECTION II – BID NOTICE & INSTRUCTION TO BIDDERS

INVITATION FOR BIDS

INSTRUCTION TO BIDDERS

1. BIDDERS ARE NOT TO INCLUDE

2. INTERPRETATIONS OF ADDENDA

3. INSPECTION OF SITE

4. ALTERNATE BIDS

5. BIDS

6. BID GUARANTY

7. COLLUSIVE AGREEMENTS

8. STATEMENT OF BIDDER'S QUALIFICATIONS

9. UNIT PRICES

10. CORRECTIONS

11. TIME FOR RECEIVING BIDS

12. OPENING OF BIDS

13. WITHDRAWAL OF BIDS

14. AWARD OF CONTRACT: REJECTION OF BIDS

15. EXECUTION OF AGREEMENT: PERFORMANCE BOND, LABOR AND MATERIAL PAYMENT BOND

16. WAGES AND SALARIES

17. EQUAL EMPLOYMENT OPPORTUNITY

CONTRACT DESCRIPTION

FORMS

BID PROPOSAL FORM

BASIS OF AWARD

CERTIFICATION OF NONSEGREGATED FACILITIES

RECEIPT OF ADDENDA

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

NON-COLLUSIVE BIDDING CERTIFICATION

HOLD HARMLESS

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

BID BOND N.I.C

CERTIFICATE AS TO CORPORATE PRINCIPAL

FORM OF SURETY GUARANTY

STATEMENT OF BIDDER'S QUALIFICATIONS

CONTRACT AGREEMENT

REPRESENTATIVE CERTIFICATION

PERFORMANCE BOND N.I.C

LABOR AND MATERIAL PAYMENT BOND

NOTICE OF AWARD

NOTICE TO PROCEED

CONTRACTORS CERTIFICATIONS FROM DEBARRED CONTRACTORS LIST

EQUAL OPPORTUNITY CLAUSE

COMPLIANCE WITH AIR AND WATER ACTS

SECTION III - GENERAL SPECIFICATIONS - GENERAL CONDITIONS

101. DEFINITIONS

102. SUPERINTENDENCE BY CONTRACTOR

103. SUBCONTRACTS

104. OTHER CONTRACTS

105. FITTING AND COORDINATION OF THE WORK

106. MUTUAL RESPONSIBILITY OF CONTRACTOR

107. PROGRESS SCHEDULE

108. PAYMENT TO CONTRACTOR

109. CHANGES IN THE WORK

110. CHANGES IN SUBSURFACE CONDITIONS

111. CLAIMS FOR EXTRA COST

112. TERMINATION; DELAYS AND EXTENSION; LIQUIDATED DAMAGES

113. ASSIGNMENT OR NOVATION

114. ENGINEER'S AUTHORITY

115. TECHNICAL SPECIFICATIONS AND CONTRACT DRAWINGS

116. SHOP DRAWINGS

117. REQUESTS FOR SUPPLEMENTARY INFORMATION

118. MATERIALS AND WORKMANSHIP

119. SAMPLES, CERTIFICATIONS, AND TESTS

120. PERMITS AND CODES

121. CARE OF WORK

122. ACCIDENT PREVENTION

123. SANITARY FACILITIES

124. USE OF PREMISES

125. REMOVAL OF DEBRIS, CLEANING, ETC

126. INSPECTION/ACCEPTANCE OF THE WORK

127. REVIEW BY OWNER

128. FINAL INSPECTION

129. DEDUCTIONS FOR UNCORRECTED WORK

130. INSURANCE

131. PATENTS

132. WARRANTY OF TITLE

133. GENERAL GUARANTY

134. ARBITRATION AND LITIGATION

135. RISK OF LOSS

136. REQUIRED PROVISIONS DEEMED INSERTED

137. CORRECTIONS

138. SAFETY PROVISIONS

138.1 PUBLIC CONVENIENCE AND SAFETY

138.2 BARRICADES, DANGER, WARNING AND DETOUR SIGNS

139. NIGHT WORK, SUNDAYS AND HOLIDAYS

140. OBSTRUCTIONS ENCOUNTERED

141. EXISTING UTILITIES, STRUCTURES AND FIXTURES

142. CONTROL OF EXISTING FLOWS

143. SEWAGE, SURFACE WATER, GROUNDWATER, AND FLOOD FLOWS

144. CONNECTING TO EXISTING WORK

145. EXISTING IMPROVEMENTS

146. ACCESS TO SITE

147. ACCESS TO ADJACENT PROPERTIES

148. USE OF ROADWAYS

149. SNOW REMOVAL

150. WEATHER CONDITIONS/WORK IN FREEZING WEATHER

151. INTOXICATING LIQUORS

152. BLASTING N.I.C

153. INDEMNITY CLAUSE

154. DISPUTES

GENERAL SPECIFICATIONS - GENERAL CONDITIONS PART II

201. APPLICABILITY

202. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS

203. UNDERPAYMENTS OF WAGES OR SALARIES

204. ANTICIPATED COSTS OF FRINGE BENEFITS

205. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS SAFETY

206. EMPLOYMENT OF APPRENTICES/TRAINEES

207. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED

208. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT"

209. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION

DECISION

210. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES

211. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE

DEDUCTIONS

212. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES

213. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES

214. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS

215. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND

SUBCONTRACTORS

216. SPECIFIC COVERAGE OF CERTAIN TYPE OF WORK BY EMPLOYEES

217. INELIGIBLE SUBCONTRACTORS

218. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS

219. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS

ATTACHMENT TO PART II OF GENERAL CONDITIONS

SEC. 3.1 PURPOSE AND SCOPE

SEC. 3.2 DEFINITIONS

SEC. 3.3 WEEKLY STATEMENT WITH RESPECT TO PAYMENT OF WAGES

WEEKLY STATEMENT OF COMPLIANCE

SEC. 3.4 SUBMISSION OF WEEKLY STATEMENTS AND THE PRESERVATION AND INSPECTION OF WEEKLY

PAYROLL RECORDS

SEC. 3.5 PAYROLL DEDUCTIONS PERMISSIBLE WITHOUT APPLICATION TO OR APPROVAL OF THE

SECRETARY OF LABOR

SEC. 3.6 PAYROLL DEDUCTIONS PERMISSIBLE WITH THE APPROVAL OF THE SECRETARY OF LABOR

SEC. 3.7 APPLICATIONS FOR THE APPROVAL OF THE SECRETARY OF LABOR

SEC. 3.9 PROHIBITED PAYROLL DEDUCTIONS

SEC. 3.10 METHODS OF PAYMENT OF WAGES

SEC. 3.11 REGULATIONS PART OF CONTRACT

GENERAL SPECIFICATIONS - GENERAL CONDITIONS PART III

301. GENERAL PROVISIONS

302. OTHER STIPULATIONS

303. SCHEDULE OF SALARIES AND WAGES

304. CERTIFIED PAYROLLS

SECTION V – TECHNICAL SPECIFICATIONS

SECTION 000 - INTRODUCTION TO THE TECHNICAL SPECIFICATIONS

SECTION 100 - DEFINITIONS OF TERMS

SECTION 550 – PORTLAND CEMENT CONCRETE SIDEWALK, DRIVEWAYS, ENTRANCE WALKS, RAMPS, DRIVEWAY APRONS

SECTION 609 – CURBING AND GUTTERS

EXHIBITS

A. SIDEWALK AREAS

B. NYSDOT PEDESTRIAN FACILITIES

SECTION II – BID NOTICE & INSTRUCTION TO BIDDERS

SECTION II – BID NOTICE & INSTRUCTION TO BIDDERS

INVITATION FOR BIDS

NOTICE IS HEREBY GIVEN, pursuant to Article 5A of the General Municipal Law of the State of New York that sealed bids are sought by

THE CITY OF ONEONTA, NEW YORK

For:

Contract 2026-007-G

SIDEWALK REPLACEMENT

Sealed bids will be received by the Purchasing Agent, John Janitz, at his office at City Hall, 258 Main Street, Oneonta, NY, until 2:00 p.m., August 5th, 2026 at which time bids will be opened and read.

Contract Documents and Specifications, are on file at 258 Main Street, Oneonta, New York 13820, Office of the Purchasing Agent. Copies of the Contract Documents may be requested from the Purchasing Department during regular office hours. Contract Documents can be emailed or be mailed to bidders on request. A $5 non-refundable fee to be charged for mailing each set when mailing is requested. All checks, money orders, etc., shall be made payable to the City of Oneonta. Bid documents are also available on the internet at www.govbids.com on the link “Empire State Purchasing Group.”

Addenda, if any, will be issued to only those persons whose name and address are on record with the Owner as having obtained the Contract Documents.

Attention is called to the fact that not less than the minimum salaries and wages set forth in the Contract Documents (see Exhibits) must be paid on this project; that the Contractor must insure that employees and applicants for employment are not discriminated against because of their race, creed, color, religion, sex or national origin. The Contractor must also be aware that he must comply with the State wage rates under New York State Department of Labor PRC# 2026021173, as well as Labor Law 220, section 220-h, which requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics on the site be certified as having successfully completed the OSHA 10-hour construction safety and health course.

The Contractor must also be aware that in conformance with Workers’ Compensation Law §57, contractor must provide either form CE-200 (Certificate of Attestation of Exemption from NYS Workers’

Compensation and/or Disability Benefits Coverage), or form C-105.2 (Certificate of Workers’

Compensation Insurance), or form SI-12 (Certificate of Workers’ Compensation Self-Insurance) http://www.wcb.state.ny.us/content/main/Employers/IM.pdf before Notice to Proceed can be issued.

Bidders are responsible for the timely delivery of their Bid proposal to the proper department as indicated in this "Invitation to Bid".

Bid proposals received after the date and time specified in the Invitation shall be considered unresponsive and will be returned to the Bidder unopened. The City of Oneonta does not accept bids by fax or email.

Bidders are advised not to rely on the Postal Service or any other mail delivery service for the timely and proper delivery of their bid proposals. In the event of a tie bid, the winning bidder will be selected by coin toss.

https://applications.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1325679 http://www.wcb.state.ny.us/content/main/Employers/IM.pdf

The Owner reserves the right to reject any and all Bids or waive any informality in the Bidding.

Bids may be held by the Owner for a period not to exceed forty-five (45) days from the date of the openings of Bids for the purpose of reviewing the Bids and investigate the qualifications of the Bidders, prior to awarding the Contract.

This Contract is subject to New York State wage rate schedules.

John Janitz, Purchasing Agent City of Oneonta, New York Date: July 20, 2026

INSTRUCTION TO BIDDERS

1. BIDDERS ARE NOT TO INCLUDE

…in their bid price, sales and compensating use taxes of the State of New York and of counties or cities, on all materials, equipment and supplies incorporated in this project.

2. INTERPRETATIONS OF ADDENDA

No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Owner. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration.

Every interpretation made to a Bidder will be in the form of an Addendum to the Contract Documents, and when issued, will be on file in the office of the Owner and the office of the Engineer at least five days before Bids are opened. In addition, all Addenda will be mailed to each person obtaining Contract Documents and whose name and address are on record with the Owner; however, it shall be each Bidder's responsibility to make inquiry as to the Addenda issued and all such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

3. INSPECTION OF SITE

Each Bidder shall visit the site of the proposed work and fully acquaint himself with the existing conditions there relating to the work and labor, and shall fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The Bidder shall thoroughly examine and familiarize himself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint himself with the conditions there existing, and the Owner will be justified in rejecting any claim based on facts regarding which the Contractor should have been on notice as a result thereof.

4. ALTERNATE BIDS

No Alternative or Supplementary Bids will be considered unless such Bids are specifically requested in the Special Conditions and shown on the Bid Proposal Form.

5. BIDS

a. All Bids must be submitted on forms supplied by the Owner and shall be subject to all requirements of the Contract Documents, including the Drawings, and these INSTRUCTIONS TO BIDDERS. All Bids must be regular in every respect and no interlineations, excisions or special conditions shall be made or included in the Bid Forms by the Bidder.

b. The following items must be included in the Bid package: The Bid, the Bid Guaranty (Bid Bond), the Certification Regarding Equal Employment Opportunity, Form of Surety Guaranty, the Non- Collusion Affidavits (2), and Statement of Compliance shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the words "Bid Documents", project number, name of Bidder and date and time of Bid opening in order to guard against premature opening of the Bid.

c. The Owner may consider as irregular any Bid on which there is an alteration of or departure from the Bid Forms thereto attached and at its option may reject the same.

d. Each Bidder SHALL include in his Bid the following information:

Principals:

Names Social Security Number Home addresses, including City, State, and Zip Codes

Firm:

Name Treasury Number Address City, State and Zip Code

6. BID GUARANTY N.I.C.

a. The Bid must be accompanied by a Bid Guaranty which shall not be less than five (5) percent of the amount of the total Bid as stated in the Invitation for Bids. At the option of the Bidder, the guaranty may be a certified check, bank draft, cash, negotiable U.S. Government Bonds (at par value), or a Bid Bond in the form attached provided such guaranty is accompanied by a Certificate of Surety evidencing sufficient bonding capacity. The Bid Bond shall be secured by a Guaranty or a Surety Company listed in the latest issue of the U.S. Treasury Circular 570. The amount of such Bid Bond shall be within the maximum amount specified for such Company in said Circular 570. (NO BID WILL BE CONSIDERED UNLESS IT IS ACCOMPANIED BY THE REQUIRED GUARANTY.) Certified check or bank draft must be made payable as stated in the Invitation for Bids. The Bid Guaranty shall insure the execution of the Agreement and the furnishing of the Surety Bond or Bonds by the successful Bidder, all as required by the Contract Documents.

b. Revised Bids submitted before the opening of Bids, whether forwarded by mail or telegram, if representing an increase in excess of two percent (2%) of the original Bid, must have the Bid Guaranty adjusted accordingly; otherwise, the Bid will not be considered.

c. Certified checks or bank drafts, or the amount thereof, Bid Bonds and negotiable U.S.

Government Bonds of unsuccessful Bidders will be returned but in accordance with the Invitation for Bids.

7. COLLUSIVE AGREEMENTS

a. Each Bidder submitting a Bid to the Owner for the work contemplated by the Documents on which bidding is based shall execute and attach thereto, the Non-Collusion Affidavit(s) on the form(s) herein provided, to the effect that he has not colluded with any other person, firm or corporation in regard to any Bid submitted.

b. Before executing any Subcontract, the successful Bidder shall submit the name of any proposed Subcontractor for prior approval and an affidavit in the form provided herein.

8. STATEMENT OF BIDDER'S QUALIFICATIONS

a. Each bidder shall, upon request of the Owner, submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder's qualifications, his experience record in the type of work embraced in the Contract and his organization and equipment available for the work contemplated; and other pertinent information so contained on said form, and, when specifically requested, the Owner shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder shall furnish the owner all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Owner that the Bidder is qualified to carry out properly the terms of the Contract.

b. The Owner also reserves the right to consider as not responsible any Bidder who does not habitually perform with his own forces at least fifty (50%) percent of the dollar value of the work involved in the Contract.

c. At the option of the Owner, a pre-award conference may be scheduled provided one week's advance notice of the time and place of the same shall be given to the Contractor. In the event of such a conference, the Owner may in its notice to the Contractor require the submission of the Progress Schedule mentioned in the General Conditions. In the event such a schedule is required, the Contractor will submit the same to the Engineer at least three (3) full working days before the date of the conference.

9. UNIT PRICES

a. The Unit Price for each of the items in the Bid of each Bidder shall include its prorate share of overhead and profit so that the sum of the products obtained by multiplying the quantity shown for each item by the Unit Price Bid represents the Total Bid. The quantities shown in the Bid are approximate estimated quantities only and are given only as a basis of calculation upon which the Award of the Contract is to be made. The Owner does not assume any responsibility that these quantities shall remain unchanged in the actual construction, and the Contractor shall not plead misunderstanding or deception because of any variation between estimated and final quantities. The Unit Price Bid shall also include an allowance for increased prices due to changed market conditions during the period of the Contract. Any Bid not conforming to these requirements may be rejected. The special attention of all Bidders is called to these provisions, for should conditions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, except for work not covered in the Drawings and Technical Specifications as provided for in the Section 109 Changes in the Work under General Conditions, Part I.

b. Bids in which the prices obviously are unbalanced may be rejected. Unbalanced prices shall be interpreted to mean that the unit price for any item is such that it is unreasonable for that particular item when considered by itself and not considered in connection with the bid submitted on any other item or items.

c. All unit price work will include the cost of performing any incidental work, not specifically covered by the unit description, but necessary and/or convenient for the completion of the unit price work.

(i.e., Any excavation will include any necessary pumping and/or sheeting/shoring unless there are separate contract unit prices for pumping and/or sheeting/shoring.)

10. CORRECTIONS

Erasures or other changes in the Bid must be initialed by the Bidder.

11. TIME FOR RECEIVING BIDS

a. Bids received prior to the advertised hour of opening will be securely kept, sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered.

b. Bidders are cautioned that, while telegraphic modifications of Bids may be received as provided above, such modifications, if not explicit and if in any sense subject to misinterpretation, shall make the Bid so modified or amended, subject to rejection.

12. OPENING OF BIDS

At the time and place fixed for the opening of Bids, the Owner will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein.

Bidders and other persons properly interested may be present, in person or by representative.

13. WITHDRAWAL OF BIDS

Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening; provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid Guaranty of any Bidder withdrawing his Bid in accordance with the foregoing conditions will be returned promptly.

14. AWARD OF CONTRACT: REJECTION OF BIDS

a. If the Contract is awarded, it will be awarded to the most responsive, responsible Bidder submitting the lowest Bid complying with the conditions of the Invitation for Bids and Instructions to Bidders.

The Bidder to whom the award is made will be notified at the earliest possible date. The Owner, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

15. EXECUTION OF AGREEMENT: PERFORMANCE BOND, LABOR AND

MATERIAL PAYMENT BOND

a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the Owner, an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

b. Having satisfied all conditions of award as set forth elsewhere in these Documents, the successful Bidder shall, within the period specified in paragraph "a" above, furnish a Performance Bond in a penal sum of not less than one hundred percent (100%) of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. Such bonds shall be in the same form as that included in the Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bonds. These bonds shall be signed by a Guaranty or Surety Company listed in the latest issue of the U.S. Treasury Circular 570 and the penal sum shall be within the maximum specified for such Company in said Circular 570.

c. Only if required by local or state law, the Contractor shall submit a "Contract Bond" in lieu of the "Performance Bond" and "Labor and Material Payment Bond". Said Contract Bond, if required, shall be in the form contained herein.

d. Notwithstanding the foregoing, all bonds required by law shall be in accordance with the form and substance so required by law.

e. The failure of the successful Bidder to execute such Agreement and to supply the required bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the Owner may grant based upon reasons determined sufficient by the Owner, shall constitute a default, and the Owner may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids. In the event of such default, the Bidder shall be obligated to the Owner in the amount of the Bid Guaranty as liquidated damages for such default.

f. Upon receipt of the Contract and Contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the Contract in accordance with local laws or ordinances and return the fully executed Contract to the Contractor. Delivery of the fully executed Contract to the Contractor shall constitute the Owner's approval to be bound by the successful bidder's proposal and the terms of the Contract.

g. The Owner reserves the right to cancel the award without liability to the bidder, except return of the proposal guaranty, at any time before a Contract has been fully executed by all parties and is approved by the Owner in accordance with the above.

16. WAGES AND SALARIES

a. This public work contract which may involve the employment of laborers, workers, or mechanics, is subject to and shall comply with the requirements of Article 8 (Sections 220-223) of the New York State Labor Law. (See attached New York State Prevailing Wage Schedule.)

b. Each weekly certified payroll statement shall be submitted to the City of Oneonta Engineering Department for review prior to any payments being made to the Contractor. The City of Oneonta also reserves the right to conduct wage rate interviews during this contract.

c. Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the Contract Documents and the conditions of employment with respect to certain categories and classifications of employees. See also the Labor Standard Provisions of the General Conditions.

d. The rates of pay set forth within the Contract Documents are the minima to be paid during the life of the Contract. It is therefore the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustment of rates.

17. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirements for insuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

CONTRACT DESCRIPTION

GENERAL

The City of Oneonta is requesting formal bids through the Invitation for Bid process for sidewalk and monolithic curb replacement on Hill Place and Lawn Avenue. Sidewalks, and curbing shall meet the minimum specifications provided with this bid package. Prospective bidders are highly encouraged to visit the sites.

The Base Bid will include all labor, equipment, mobilization, installation and miscellaneous costs, and cleanup, as indicated in these Specifications for sidewalk, curbing, and ADA detectable warning plates at the locations shown in Exhibit A at the end on this manual. Excavation, demolition and removal, preparing sub-grade, restoration, and purchase of ADA detectable warning plates, wire mesh, expansion joint material and concrete shall be completed by the City of Oneonta.

Any damage done to pavement, sidewalks, driveways, etc., shall be repaired or replaced as ordered by the Engineer (AOBE) and shall be done solely at the Contractor’s cost. Repair or replacement work shall be done before the final payment is made. Pictures should be taken prior to work being done. Contractor is responsible to contact DIG Safely NY at 811 for underground utilities {i.e. water valves and gas valves etc.

TIME FOR COMPLETION/NOTICE TO PROCEED

The work which the Contractor is required to perform under this Contract shall be commenced at the time stipulated by the Owner in the Notice to Proceed to the Contractor and shall be fully completed within ninety (90) days from the issuance of the Notice to Proceed or as modified in accordance with the

GENERAL CONDITIONS.

The Contractor will be bound to the performance of the Contract within ten (10) days from the issuance of the Notice to Proceed (weather permitting).

When the Contractor is not given a Notice to Proceed with the work on or before September 15, 2026, the Contractor may elect to void the Contract by giving unequivocal and unconditional written notice of such avoidance to the Owner. Such avoidance shall be effective upon actual receipt by the Owner, prior to the mailing or actual delivery of any Notice to Proceed. In the event of the Owner's failure to issue a Notice to Proceed, the Contractor's sole remedy shall be the avoidance of the Contract as set forth and the Owner will not be liable to the Contractor and monies expended in anticipation of performance under the Contract.

WORK ITEM DESCRIPTIONS

CITY OF ONEONTA

SIDEWALK REPLACEMENT

WORK ITEM #2026-007-G-01 PORTLAND CEMENT CONCRETE SIDEWALK - PER SQUARE FOOT

BASIS

Work under this item shall include all labor, materials, tools, and equipment necessary for proper placement of new Portland cement concrete sidewalks, ramps and detectable warning units in the locations shown in Exhibit A at the end of this manual. Sidewalks shall be 6” thick with W6x6 welded wire fabric and joints in accordance with section 550 of this manual.

NOTE: It is the contractor’s responsibility to verify existing grades and adjust the new sidewalk grades to ensure positive drainage toward the street and across the new curbs to points outside of the ADA landing.

WORK ITEM #2026-007-G-02 CAST IN-PLACE CONCRETE CURB – PER LINEAR FOOT BASIS

The Contractor shall include all labor, materials, tools, and equipment necessary to install the new curbs to the necessary grades for the finished curbs and road at the locations shown in Exhibit A at the end of this manual. Cast in-place concrete curb, poured monolithically with adjacent sidewalk in accordance with section 609 of this manual.

NOTE: It is the contractor’s responsibility to verify existing grades and adjust the new curb grades to slope downgrade to points running toward existing catch basins and away from the new ADA landings.

WORK ITEM #2026-007-G-03 ADA DETECTIBLE WARNING TILES - PER SQUARE FOOT BASIS

Work under this item shall include all labor, materials, tools, and equipment necessary for setting in place the City provided ADA detectable warning tiles in a secure manner, flush with the sidewalk top surface and in accordance with Section 550 of this manual, the manufacturer’s instructions and the pertinent NYSDOT Pedestrian Facilities drawings included in Exhibit B and the end of this manual.

FORMS

BID PROPOSAL FORM

SIDEWALK REPLACEMENT

FOR:

TO:

1. BASE BID having become familiarized with the existing conditions of the project areas affecting the cost of the work and in compliance with the Invitation to Bid and Instruction to Bidders relating thereto, the undersigned hereby offers to furnish all plant, labor, supplies, equipment and other including all trades as required to complete the work on the designated streets, as per these Specifications for sidewalk, curbing, and curbing and gutter replacement.

BASE BID

BASE BID - SIDEWALK REPLACEMENT – HILL PLACE & LAWN AVENUE

BID ITEM

APPROX.

QUANTITY/UNIT

UNIT PRICE TOTAL

#2026-007-G-01

CAST IN PLACE CONCRETE

SIDEWALK

4,170

SF $ $

#2026-007-G-02

CAST IN PLACE

MONOLITHIC CONCRETE CURB

1,215

LF $ $

#2026-007-G-03

ADA DETECTABLE TILE

SF

TOTAL BASE BID AMOUNT = $

BASE BID:

(Write Amount)

(Print Amount)

ADDRESS: ________________________________________

PHONE #: ____________________________

DATE: ____________________________

BASIS OF AWARD

1. Award will be made based on the lowest responsible, responsive bid for the Base Bid of all locations, as determined to be in the best interests of the City.

2. In submitting this Bid, the bidder understands that the right is reserved by the Owner to reject any or all Bids. If written notice of the acceptance of this Bid is mailed, telegraphed or delivered to the undersigned within the time limit specified for holding of the Bids for review in the "Invitation for bids" after the opening thereof, or at any time thereafter before this Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement to the prescribed form and furnish the required bonds within ten (10) days after the Agreement is presented to him for signature.

3. Security in the sum of $ in the form of is submitted herewith in accordance with the instruction to Bidders.

4. Attached hereto is:

a. Affidavit(s) in proof that the undersigned has not colluded with any person in respect to this

Bid or any other Bid or the submitting of Bids for the Contract for which this Bid is submitted.

b. Certification(s) regarding Equal Employment Opportunity.

5. The Bidder is prepared to submit a financial and experience statement upon request.

SUBMITTED BY: __________________________________________________________

SIGNATURE: __________________________________________________________

TREASURY NUMBER: __________________________________________________________

ADDRESS: _________________________________________________________

PHONE: _________________________________________________________

FAX: _________________________________________________________

E-MAIL ADDRESS: _________________________________________________________

DATE: __________________________________________________________

CERTIFICATION OF NONSEGREGATED FACILITIES

This Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of his certification will be a violation of the Equal Opportunity clause in any Contract resulting from acceptance of this Bid. As used in this certification, the term "segregated facilities": means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clock, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise. The Bidder agrees that (except where he had obtained identical certification from proposed Subcontractors for specific time periods) he will obtain identical certifications from proposed Subcontractors prior to the award of Subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. Paragraph 1001.

Date: ____________________ By: ____________________________________

Title: ______________________________

Official Address: _______________________________________________

RECEIPT OF ADDENDA

Addendum Signature Date

1____________ __________________________________ ________________

2 ____________ __________________________________ ________________

3 ____________ __________________________________ ________________

4 ____________ __________________________________ ________________

Firm's Treasury Number ____________________________________________

All principals' Social Security Numbers and full home addresses:

Principal's name and number Principal's full address

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of __________________________________________

County of _________________________________________

________________________________________________________being first duly sworn, deposes and says that:

He is_____________________________________________________________ of _______________________________________________________, the Bidder that has submitted the attached Bid:

2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

3. Such Bid is genuine and is not a collusive or sham Bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed: ______________________________________

Subscribed and sworn to before me ________________________________ this ____________________day of______________________, 20_____.

(Title)_ _____________________________________

My Commission Expires ________________________________________

NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

(Not required with Bid)

State of _______________________________________

County of ______________________________________

____________________________________________________________being first duly sworn, deposes and says that:

1. He is ________________________________________________________ of______________________________________________________herein after referred to as the "Subcontractor";

2. He is fully informed respecting the preparation and contents of the Subcontractor's Proposal submitted by the Subcontractor to ______________________________________, the Contractor for certain work in connection with ______________________________ Contract pertaining to the Project in (City, County and State);

3. Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal, or to fix any overhead, profit or cost element of the price or prices in said Subcontractor's Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any person interested in the proposed contract; and

4. The price or prices quoted in the Subcontractor's Proposals are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives or owners, employees or parties in interest, including this of (Owner) or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed _______________________________

(Title)

Subscribed and sworn to before me this_______________ day of

_________________________, 20____.

(Title)

My Commission Expires ____________________________________________

NON-COLLUSIVE BIDDING CERTIFICATION

(REQUIRED BY SECTION 103-d OF THE GENERAL MUNICIPAL LAW)

103-d. Statement of non-collusion in bids and proposals to political subdivision of the State or fire district.

1. Every bid or proposal hereafter made to a political subdivision of the State or any public department, agency or official thereof where competitive budding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

a. 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 knowledge and belief:

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

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

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

b. A bid shall not be considered for award nor shall any award be made where a. (1), (2), and

(3) 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 forth in detail the reasons therefore. Where a. (1), (2), and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) 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 subparagraph 1.a.

2. Any bid hereafter made to any political subdivision of the State or any public department, agency or official thereof by a corporate Bidder for work or services performed or to be performed or 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 subdivision 1. of this section, 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 as to non-collusion as the act and deed of the corporation.

Dated: ________________________________

Legal Name of Person, Firm or Corporation

By _______________________________

(Signature)

(Title)

Please Complete Information Requested Below:

The P.O. address of the Bidder is: ______________________________

Street ______________________________

City and State ________________________

If A Corporation Name ___________________________________________

Address ___________________________________________________________

__________________________________________, President

__________________________________________, Secretary

__________________________________________, Treasurer

If A Firm

Name Address

HOLD HARMLESS

Oneonta, NY 13820 hereby agrees to defend, indemnify

(Contractor) and hold harmless the City of Oneonta from and against any and all liability, loss, damage, claim or action, to the extent permissible by law, arising out of operations performed or services provided by the Contractor under the contract.

By: (signature)

Title:

Date:

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List").

Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the County receive information that a Bidder/Contractor is in violation of the above-referenced certification, the County will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The County reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

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

SIGNED

SWORN to before me this

_______________ day of _______________20___

Notary Public: _________________________

BID BOND N.I.C.

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned as Principal, and _______________________________________________ as Surety are held and firmly bound unto ________________________

_________________________________hereinafter called the

"Owner", in the penal sum of _____________________________________

_______________________________________Dollars, ($________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the Accompanying Bid, dated

_________________, 20____, for _______________________________

NOW THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or within any extended time period agreed to by the Principal, Surety and Owner, or if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefor, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; then the above obligation shall be null and void and of no effect, otherwise to remain in full force or virtue.

Failure to comply with the aforementioned condition shall result in the forfeiture of this Bid Bond as liquidated damages.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this _____________day of______________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body.

No extension of time or other modification of this Bid Bond shall be valid unless agreed to in writing by the parties to this Bond.

In presence of:

___________________________________________ (SEAL)

(Individual Principal)

(Business Address)

__________________________________________ (SEAL)

(Business Address)

Attest: By:_______________________________

(Corporate Principal)

By: _____________________________ Affix Corporate Seal

Attest:

(Corporate Surety)

(Business Address)

By: _______________________________ Affix Corporate Seal

Countersigned by: ____________________

*Attorney-in-Fact, State of______________________________________

*Power-of-Attorney for person signing for Surety Company must be attached to Bond.

CERTIFICATE AS TO CORPORATE PRINCIPAL

I,_________________________________________, certify that I am the

Secretary of the Corporation named as Principal in the within bond; that_________________________________________________, who signed the bond on behalf of the Principal was then

________________________________________of said Corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of this governing body.

Corporate Seal

Title

FORM OF SURETY GUARANTY

(To Accompany Bid)

KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of $1.00, lawful money of the United States, the receipt whereof is hereby acknowledged, paid the undersigned corporation, and for other valuable consideration the

(Name of Surety Company) a corporation organized and existing under the laws of the

State of _________________________________ and licensed to do business in the State of…