Bid Notice.pdf

CHEMUNG COUNTY

NURSING FACILITY

BOILER#2 REBUILD

103 WASHINGTON STREET

ELMIRA, NY

July 23, 2026

LaBella Project No. 2263071

RFB 2904

Prepared by:

100 West Water Street

Suite 101

Elmira, NY 14901

Phone:(607) 734-8492 www.labellapc.com

Chemung County Boiler #2 Rebuild

Nursing Facility Labella Project No. 2263071

TABLE OF CONTENTS TOC - 1

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

ADVERTISEMENT FOR BIDS

CONDITIONS OF WORK

CHEMUNG COUNTY STANDARD INSURANCE REQUIREMENTS

FORM FOR SUBMISSION OF BID

REGRET LETTER

VENDOR CERTIFICATION

VENDOR RESPONSIBILITY FORM

NON-COLLUSIVE BIDDING CERTIFICATE

WAIVER OF IMMUNITY

CERTIFICATION OF BIDDER

IRANIAN ENERGY DIVESTMENT CERTIFICATION

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

NOTICE OF AWARD

NOTICE TO PROCEED

AGREEMENT FORM

SITE ENTRY AGREEMENT AND INDEMNITY

W9

PERFORMANCE BOND

PAYMENT BOND

CERTIFICATE OF SUBSTANTIAL COMPLETION

CHANGE ORDER

CONSENT OF SURVEY FOR FINAL PAYMENT

FINAL WAIVER OF LIENS

PUNCH LIST

RFI

SPECIFICATIONS GROUP

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY

012900 PAYMENT PROCEDURES

013100 PROJECT MANAGEMENT AND COORDINATION

013200 CONSTRUCTION PROGRESS

013300 SUBMITTAL PROCEDURES

014000 QUALITY REQUIREMENTS

015000 TEMPORARY FACILITIES AND CONTROLS

017300 EXECUTION

017700 CLOSEOUT PROCEDURES

017839 PROJECT RECORD DOCUMENTS

Chemung County Boiler #2 Rebuild

TABLE OF CONTENTS TOC - 2

DIVISION 23 – HEATING, VENTILATION & AIR CONDITIONING (HVAC)

235239 BOILER TUBE REPLACEMENT

DRAWING INDEX

GENERAL

CS001 COVER SHEET

MECHANICAL

MQ101 PARTIAL FIRST FLOOR PLAN – EQUIPMENT PLAN

END OF TABLE OF CONTENTS

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

Chemung County-City of Elmira Purchasing Department

150 Lake Street, P.O. Box 588 Elmira, NY 14901

PH: 607-737-3577 FX: 607-873-1352

NOTICE IS HEREBY GIVEN, that sealed bid proposals are sought and requested by the County of Chemung for the following contract:

“RFB-2904 – “CCNF Boiler #2 Rebuild”

Sealed bids will be received in the Chemung County-City of Elmira Purchasing Department, Third Floor, Room 309, 150 Lake Street, Elmira, New York 14901, until 1:45 P.M. on August 20, 2026, where they will be publicly opened, read aloud, and broadcast via Teams at 2:00 P.M. on the date due. Login information to the Teams meeting can be found on the Purchasing website at:

https://chemungcountyny.gov/1387/10436/Purchasing-Calendar

Each bid shall be accompanied by a deposit in the amount of Five Percent (5%) of the total base bid in the form of a Certified Check, Bank Draft, or Bid Bond. Cash will not be acceptable as a deposit. If an awarded bidder fails to enter into a contract with the County following notice of bid acceptance, the bid security shall be forfeited to and become the property of Chemung County. No bidder may withdraw their bid within forty-five (45) days after the date of the bid opening.

Please take notice:

The Purchasing Office is closed between 12:00 Noon to 1:00 P.M. daily.

The Purchasing Office receives one daily US Mail delivery after 2:00 P.M.

Any bid received in the Purchasing Office after 1:45 P.M. on the due date will not be considered.

Bids received via facsimile or electronically will not be considered.

Bid proposals must be submitted in duplicate (one original and one exact copy).

The County of Chemung reserves the right to reject any and all bids submitted and to waive any informality.

Proposals must be made upon and in accordance with bid documents. Plans, Specifications, and Proposal Forms may be viewed and downloaded on or after July 23, 2026, by registering with the Empire State Purchasing Group at www.EmpireStateBidSystem.com. No hard copies of the plans and specifications will be provided. Vendors / contractors can register for a free “search only” service, or for a matching service for a small annual fee. PLEASE NOTE THAT IT IS THE BIDDER’S RESPONSIBILITY TO OBTAIN ALL BID

DOCUMENTS (INCLUDING ADDENDA) ON THE EMPIRE STATE PURCHASING GROUP WEBSITE. IF

YOU CHOOSE THE FREE SUBSCRIPTION, YOU MUST VISIT THE WEBSITE UP UNTIL THE RESPONSE

DEADLINE FOR ANY ADDENDA.

Questions pertaining to the technical specifications of this project shall be directed to:

Craig Davis LaBella Associates 100 West Water Street, Suite 101 Elmira, NY 14901 cdavis@labellapc.com

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

By:

Tricia A. Wise, NIGP-CPP, CPPO, CPPB Purchasing Director

Inserted Star Gazette: July 23, 2026 Inserted in the The Morning Times: July 23, 2026 Inserted NYS Contract Reporter: July 23, 2026

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

***ATTENTION***

*** PURCHASING DEPARTMENT RELOCATION ***

Please be advised that the Chemung County Purchasing Department has relocated to the following address:

150 Lake Street, Third Floor, Room 309, Elmira, NY

Instructions for Bid Drop-Offs and Bid Opening:

1. All physical bids must now be delivered to and bid openings will now be held on the 3rd floor at 150 Lake

Street.

2. Enter the building using the parking lot entrance.

3. Use the Ring Doorbell to request access to the building.

4. Upon entering, take the west double door elevators located around the corner to the right.

5. Go to third floor and take left off elevator, proceed to Purchasing Department, first door on your left.

6. Bid openings will be held on Third Floor, Room 308

Contact Information:

For any questions or additional information, please contact the Purchasing Department:

607-333-4205 or 607-737-3577

Thank you for updating your records and for your attention to this change.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

“New Requirement”

Public Work Contractor and Subcontractor Registry

(Must be Submitted with Bid Documents)

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law

Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law.

Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of

Registration to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State Department of

Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Electronic Certified Payroll Submissions in 2025

There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forthcoming database, starting when the system is completed in 2025.

Please watch the NYS Department of Labor website for additional information.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

SECTION 1 - CONDITIONS OF WORK

1.01 Receipt and Opening of Proposals: The County of Chemung, New York (herein called the Owner) invites Bids on the form attached hereto. Each bidder shall submit their bid in a sealed envelope which shall bear thereon the following inscription:

“RFB-2904 – “CCNF Boiler #2 Rebuild”

Mail or deliver the bid document in person to the address specified in the Notice to Bidders. The outside of the bid envelope must bear the name and address of the company submitting the bid. The bidder shall submit the following in the sealed bid envelope (one original and one exact copy):

The Bid Submission Form Vendor Certification Form Regret Letter (If No Bid) Non-Collusion Form Waiver of Immunity Certification Regarding Equal Employment Opportunity Iranian Energy Divestment Certification Bidder’s Statement on Sexual Harassment Documentation Required by Specifications Bid Bond W-9

All forms must be signed and witnessed according to the bid document instructions.

The original bid document shall be clearly marked “ORIGINAL.” If any discrepancy exists between the original document and the copy, the original document shall be binding.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any or all bids. Any bid may be withdrawn prior to the scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. No bid may be withdrawn within forty-five days after actual date of the opening thereof.

Bids delivered prior to the day the bids are actually opened will be deemed received upon the day of the actual opening of the bids and will be retained in the interim only as a courtesy to the Bidder.

1.02 Description of Service (Contract Work Specifications): See specifications section (1.02).

1.03 Commencement of Work: This pertains to bids for a construction or service Contract. Upon execution and delivery of the Contract and the delivery of the required insurance certificates, proof of insurance by the Contractor to the Owner and the approval thereof by the Owner’s legislative body and attorney, the Contractor will be notified to proceed with the work of the Contract. Upon receipt of the Notice to Proceed, the Contractor shall provide the contracting agency with the performance and payment bonds required by that agency.

1.04 Taxes: The County of Chemung is a tax exempt entity.

1.05 Contractor’s Insurance: The Contractor and each subcontractor, at his own expense, shall procure and maintain, until final acceptance by the Owner of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided in insurance companies

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by subcontractors.

Before commencing the work, the Contractor and each subcontractor shall furnish to the Owner one duplicate original policy together with two certificates of insurance for each of the kinds of insurance required satisfactory in form to the Owner showing that the Contractor and each subcontractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or cancelled until 15 days after written notice to the Owner. Property damage insurance must in all instances include coverage for explosion, collapse, and underground operations (X C U hazards).

All insurance coverage required to be purchased and maintained by the Contractor under this Agreement shall be primary for the defense and indemnification of any action or claim asserted against the Owner and/or the Contractor for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies that may be to the contrary.

Owner is to be named as an additional insured on a primary basis on all policies including completed operations with the exception of workers’ compensation and a certificate of insurance will be provided within 48 hours of request by Owner. All certificates of insurance will provide 30 days notice to Owner of cancellation or non-renewal. Contractor waives all rights of subrogation against Owner and will have all policies endorsed setting forth this waiver of subrogation.

The kinds and amounts of insurance are as follows:

A. Commercial General Liability Insurance - Unless otherwise specifically required, each policy with limits of not less than:

$ 1,000,000. 00 PER OCCURRENCE; $ 2,000,000.00 AGGREGATE

All damages arising during the policy period shall be furnished in the following specified types:

1) Contractor’s Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work performed by him under the Contract.

2) Contractor’s Liability Insurance issued to and providing coverage to each sub-contractor for liability for damages imposed by law upon each subcontractor with respect to all work performed by said subcontractor under the Contract.

3) Contractor’s Protective Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work under the Contract performed for the Contractor by subcontractors.

4) Protective Liability Insurance issued to and providing coverage to the Owner for all liability for damages imposed by law upon the Owner with respect to all operations under the Contract by the Contractor or by his subcontractors, including omissions and supervisory acts of the Owner.

5) Contractual Liability Insurance issued to and providing coverage to the Owner for liability imposed by Contract upon the Owner for work performed on private land with respect to all operations under the Contract by the Contractor or by his contractors.

6) Completed Operations Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor and each subcontractors arising between the date of the certificate of completion of the work and the date of expiration of the guarantee.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

7) Said policy shall cover as Primary “additional insured” or, at the option of the Contractor, as Primary co-insured with the Contractor, the County of Chemung and all employees or other representatives of each of them, both officially and personally without liability for premiums.

B. Umbrella Excess Liability - Unless stated otherwise in specifications, policy must have limits of not less than:

$ 1,000,000.00 PER OCCURRENCE; $1,000,000.00 AGGREGATE

C. Automobile Insurance - Automobile public liability and property damage insurance covering all claims against the Contractor, each subcontractor and the Owner, as a result of work under the Contract, shall be provided by the Contractor in the following amounts:

COMBINED SINGLE LIMIT OF $ 1,000,000.00

D. State Provisions for Workers’ Compensation - Pursuant to Section 108 of the General Municipal Law, it is stipulated that the Contractor shall at all times during the life of this Contract provide adequate Workers’ Compensation at his own cost and expense, and this Contract shall be void and of no effect unless the said Contractor shall secure compensation for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of Chapter 41 of the Laws of 1914, as amended.

E. Installation Floater - The Contractor is responsible for damage or theft of their materials and supplies. All materials and supplies will be covered by the Contractor's insurance until the acceptance of the Project by the Owner.

1.06 Indemnification Clause: The Contractor agrees to defend, indemnify and hold harmless the County, its officers and agents, against all liability, judgments, costs, and expenses upon any claims arising from the negligence of the Contractor, its agents, officers or employees, in performing the work under this Agreement.

1.07 Guarantee: The Contractor guarantees all the work and equipment furnished under the Contract against any defects in workmanship or materials for a period of one (1) year following the date of final acceptance of the work by the Owner. Under this guarantee, the Contractor agrees to make good, without delay, at his own expense, any failure of any such parts due to faulty materials, construction or installation or to the failure of any such equipment to successfully perform all the work put upon it within the limits of the specifications and further shall make good any damage to any part of the work caused by such failure. The Contractor also agrees that the Contractor’s Bond provided for in the following paragraph shall fully cover all guarantees contained in this paragraph. Items replaced or rebuilt shall carry a one-year guarantee from the date of acceptance of the replacement or repairs.

1.08 Security for Faithful Performance: At the time of receipt of a “Notice to Proceed” for specific contract work, the Contractor shall furnish to the Owner the required surety and payment bonds in the amount of one-hundred percent (100%) of the accepted bid as security for faithful performance of the Contract and for the payment of all persons performing labor on the project under the Contract and furnishing materials in connection with this contract.

The surety on each bond shall be a duly authorized surety company satisfactory to the Owner and shall remain in force for a period of one year following final acceptance of the work by the Owner. The cost of the aforesaid bonds is to be paid by the Contractor and shall be included in the Bid submitted. In lieu of a performance bond, Chemung County will accept a cash deposit equal to one-hundred percent (100%) of the bid, accompanied by an indemnity agreement, in a format to be approved by the County Attorney.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

1.09 Additional Security: If at any time the Owner shall be or become dissatisfied with any surety or sureties then upon the Performance Bond, or if for any other reason such Bond shall cease to be adequate Security to the Owner, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond in such form and sum and signed by such other sureties as may be paid by the Contractor.

No payments on current estimates shall be deemed due nor shall be made until the new sureties shall have qualified.

1.10 Executory Clause: It shall be understood by and between the parties that this agreement shall be deemed executory to the extent of the monies available to the County of Chemung for said purposes and no liability on account thereof shall be incurred by the County of Chemung beyond monies available for said purposes.

Cancellation: This Contract may be terminated by the County of Chemung, with written notice being given to the Contractor 30 days prior to cancellation and said agreement shall be null and void and have no further effect 30 days after the Contractor’s receipt of said written notice from the County.

1.11 Contractor Status: The relationship of the Contractor to the County of Chemung shall be that of an independent Contractor. That the said Contractor in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee of the County of Chemung by reason thereof and that it will not by reason thereof, make any claim, demand, or application to or for any rights, or privilege applicable to an officer or employee of the County of Chemung, including but not limited to Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credits.

1.12 Pertaining to General Municipal Law: The Contractor shall agree that Section 103-a and 103-b of the General Municipal Law relative to ground for cancellation of Contract by municipal corporation, and disqualification to contract with municipal corporations, are made parts hereof as though fully set forth herein.

1.13 Specification Discrepancy: Should a discrepancy be found in, or omissions from the specifications, requirements for contract, or bid proposal form, or should the bidder be in doubt as to their meaning, they shall at once, no later than seven days prior to submission of Proposal, notify the Purchasing Director in writing who will send written Addenda to all bidders where necessary. The County of Chemung will not be responsible for any oral instructions.

1.14 Assignment and Subletting: The Contractor shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Contract or any estate created by this Contract, or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform, without the written consent of the County first being obtained.

1.15 Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise.

1.16 Default: Provided always, these entire agreements are upon this condition, that if Contractor shall fail or neglect to do or perform or observe any of the covenants contained herein on its part to be kept and performed and such failure or neglect shall continue for a period of not less than seven (7) days after the County has notified Contractor in writing of Contractor’s default here-under and the Contractor has failed to correct such default within said seven (7) days, or if Contractor shall be declared to be bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then in either of said cases or events, the County, or those having its estate in the premises, lawfully

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx may, at its option, immediately or at any time thereafter without demand or notice, cancel the whole and expel Contractor and those claiming by, through or under Contractor, and remove Contractors and their effects, if any, forcibly if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used.

1.17 Rejection or Acceptance: The right is reserved by the County to waive any irregularities or informalities in any bid, to accept or reject any or all bids, to re-advertise for bids if desired, and to accept the bid which, in the judgment of the County is deemed the most advantageous for the public and the County. Any bid proposal which is incomplete, conditional, obscure, or which contains additions not called for, or irregularities of any kind, may be cause for rejection of the bid. In the event of default of the successful applicant, or refusal to enter into a contract with the County, the County reserves the right to accept the bid of any other applicant without necessity of re-advertisement.

1.18 License Requirement: Contractor shall agree to maintain continuously applicable state, county, city and federal licenses. The County of Chemung reserves the right to investigate thoroughly the finances, character, experience and record of each bidder and the final award will consider these aspects with the actual bid. The company submitting the proposal shall fully cooperate in providing information necessary to facilitate the investigation herein stated above.

1.19 Contract Period: If applicable, and unless otherwise stated in the specifications, this bid may be accepted and work authorized by the County for a one year period and may be extended beyond the first year, for one additional year, at the same bid price, by mutual agreement between both parties (County of Chemung and vendor or Contractor).

1.20 Weight Certification: Where materials are purchased by weight, the supplier shall use scales certified by the County of Chemung or the State of New York and the supplier shall furnish the County with certified weight tickets upon delivery of materials and as necessary and/or requested by the County.

1.21 Tax Exempt Purchasing by Contractor: The Contractor (or approved subcontractor) MAY be considered exempt from the payment of State Sales Tax, ONLY when purchasing those materials that will be incorporated in the County owned real property involved in the Contract, by obtaining a CONTRACTOR EXEMPT PURCHASE CERTIFICATE and presenting it when making such purchases. One source for obtaining this certificate is the Department of Taxation and Finance, Technical Services Bureau, W.A. Harriman Campus, Building 8, Room 104, Albany, New York 12227. THE CONTRACTOR SHALL NOT USE ANY COUNTY TAX

EXEMPTION LETTER OR NUMBER.

1.22 Prevailing Wage Rate Requirement - Prevailing wage rates and payroll transcript records: Contractors will be required to adhere to NYS DOL prevailing wage schedules in paying wages to employees. The prevailing wage schedules in effect at the time of the contract execution shall control.

a. Section 220(3-a) of the New York State Labor Law: Pursuant to Section 220 (3-a) of the NYS Labor Law, the successful bidder to whom the County awards the contract, and any sub-contractor performing work under said contract, shall submit to the County Department a transcript of its original payroll records within thirty (30) days of the issuance of the contract, or within five (5) days of first entering the work site, whichever occurs first, and thereafter the contractor and subcontractor shall submit payroll records every thirty (30) days, until the contract expires or terminates. The filing of payrolls in a manner consistent with subdivision 3-9 is a condition precedent to payment of any sums due and owing to any person for work done on the project. Certified payroll records must also be submitted with invoices.

b. If the work to be performed by the successful bidder is located at a single location, the successful bidder and every subcontractor retained by the successful bidder shall post in a

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx prominent and accessible place on the site where the work is performed, a legible statement of all wage rates and supplements as specified in the bidder’s contract with the County to be paid or provided, as the case may be, by the successful bidder or subcontractor for the various classes of mechanics, working men, or laborers, employed on the work. Such posted statement shall be written in plain English and titled, in lettering no smaller than two inches (2”) in height and two inches (2”) in width, with the phrase “Prevailing Rate of Wages”. Such posted statement shall be constructed of materials capable of withstanding adverse weather conditions.

c. A unique Prevailing Wage Case Number PRC# 2026018525 has been assigned to the schedule(s) for this project.

d. The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of Labor website at www.labor.ny.gov. To obtain the wage rate schedules on the DOL website:

Under “Workforce Protections” on the home webpage, click on “Public Work and Prevailing Wage Enforcement”

Scroll down and click on: “View Wage Schedules”

Select “Article 8 Public Construction”

Fill in the data window with, “Chemung”

Click on “View”

Prevailing Wage information will be reviewed; as you scroll, wage rates will be listed for:

JOB DESCRIPTIONS. Any changes regarding the schedule will be listed under the section labeled: “Changes and/or Corrections.” Click on the link to view.

Rates can also be obtained by contacting the Department of Labor at (585) 258-4505.

If you do not have internet access, you may contact the Chemung County – City of Elmira Purchasing Department at (607)737-3577 to request a copy of the prevailing rate schedule provided for this project.

e. Worker Notification: This provision is an addition to the existing prevailing wage rate law, Labor Law 220, subdivision paragraph 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if they are not receiving the proper prevailing rate of wages and/or supplements for their particular job classification. The required notification will be provided with each wage schedule, may be downloaded from the website www.labor.ny.gov under the heading, “Workforce Protections” and then “Labor Standards” or made available upon request by contacting the Bureau of Public Work at 518-457-5589.

* In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.

f. Effective July 18th, 2008: If this be a contract for the construction, maintenance and/or repair of public work and the total cost of all work to be performed under the contract is two-hundred- fifty-

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx thousand dollars ($250,000) or more, then all laborers, workers, and mechanics employed in the performance of the contract either by contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) that is at least ten hours in duration (Labor Law Section 220-h).

1.23 Unauthorized Changes: If this document is found to be altered in any way by a plan holder, it shall be cause for disqualification of the plan holder from any contract resulting from this solicitation and/or any future solicitation by Chemung County or the City of Elmira.

1.24 Limitations to Liability: The Owner does not assume responsibility or liability for costs incurred by bidders responding to the bid or to any subsequent requests for interviews, additional data, etc.

1.25 Compliance with Law: The Bidder agrees to comply with and fulfill all laws, orders, ordinances, rules and requirements of Federal, State, City, County or other applicable governmental authority; all applicable OSHA and New York State Labor rules, regulations, and statutes. Chemung County is a Municipal Separate Storm Sewer System (MS4) entity, and its MS4 operators together with third party entities are required to meet the storm water discharge regulations of its Storm Water Management Plan (SWMP). The bidder is advised it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.

1.26 Liquidated Damages: Costs to the municipality significantly rise if contracts are not professionally managed and completed on time. Therefore for most contracts, a provision for liquidated damages is included.

1.27 Iranian Energy Sector Divestment:

1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran;

or

(b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

(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 its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”Chemung County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

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

(2) The County of Chemung has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Chemung would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

1.28 Equal Employment Opportunity: During the performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status.

(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

1.29 NEW YORK STATE SEXUAL HARASSMENT LAWS

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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

CHEMUNG COUNTY STANDARD INSURANCE REQUIREMENTS

Prior to commencement of work, delivery of services, acquisition of merchandise or equipment a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the County Department responsible for the agreement, and to the County Attorney. A

Certificate of insurance may be used to show coverage only.

ITEMS:

A. Chemung County, 203 Lake Street, PO Box 588, Elmira, N.Y., 14902-0588 shall be named as an additional insured (for the purposes of coverage but not the payment of premium).

B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with

Chemung County in which the named insured agrees to defend, hold harmless, and indemnify the County, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the County-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of coverage on this policy, at least thirty (30) days advance written notice shall be given to Chemung

County Attorney at Chemung County Offices, 167 Lake Street, PO Box 588, Elmira, NY 14902-0588.

Workers' Compensation Coverage will be required for anyone doing any kind of work for Chemung County. This includes self-employed individuals. The Chemung County Attorney may waive this requirement. Proof of Workers’ Compensation Coverage must be submitted on NYS Workers’ Compensation Board Approved Forms.

MINIMUM COVERAGES AND LIMITS ARE

TYPE OF CONTRACT COVERAGES REQUIRED LIMITS REQUIRED

PROFESSIONAL SERVICES

PROFESSIONAL LIABILITY MINIMUM $1,000,000

GENERAL LIABILITY MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE:OWNED,HIRED & NON OWNED MINIMUM $1,000,000

WORKERS COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION &

MAINTENANCE

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

CONTRACTOR, CONTRACTUAL,BROAD FORM PROPERTY DAMAGE,(XCU

HAZARDS)

$1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$1,000,000 per OCCURRENCE

$1,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION &

MAINTENANCE

FOR ELEVATED

WORK (ROOF,

BRIDGES, ETC.),

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

$2,000,000 per OCCURRENCE

$3,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$2,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION &

MAINTENANCE

FOR LARGE (e.g. DOT)

PROJECTS ,

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

$1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$5,000,000 per OCCURRENCE

$5,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

ACQUISITION OF SUPPLIES OR

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PRODUCTS &

COMPLETED OPERATIONS , CONTRACTUAL,BROAD FORM PROPERTY

MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

EQUIPMENT EMPLOYERS LIABILITY STATUTORY

COUNTY PROPERTY USED BY

OTHERS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR LEGAL LIABILITY

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

CONCESSIONAIRE SERVICES

LIVERY SERVICES MUNICIPAL

AGREEMENTS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE:PREMISES &

OPERATIONS ,PRODUCTS & COMPLETED OPERATIONS , INDEPENDENT

CONTRACTOR, CONTRACTUAL,PERSONAL INJURY,LIQUOR

AUTO LIABILITY TO INCLUDE: OWNED,HIRED,& NON OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY $100,000

DISABILITY BENEFITS STATUTORY

Bid specifications, particular contracts, leases or agreements may require increased limits and/or additional coverage. If there are questions, please contact the Chemung County Legal Department 607-737-2982.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

FORM FOR SUBMISSION OF BID

The undersigned hereby declares that he has carefully examined all bid documents and all interpretations of any addenda to the Bid Documents and is satisfied as to all the quantities and conditions, and understands that in signing this Bid he waives all rights to plead any misunderstanding regarding the same.

Pursuant to and in compliance with the Bid Documents, the Bidder hereby offers to furnish all equipment and whatever else is necessary or proper for, or incidental to, the completion of this Contract, as required by and in strict compliance with the applicable provisions of all contract documents, for the following bid prices:

Bid Item: Total Gross Sum Bid in Figures

Total Gross Sum Bid in Words

Boiler #2 Rebuild

Accompanying this proposal is a bid bond in the amount of $_______________________, which shall become the property of the Owner if, in case this proposal shall be accepted by the Owner, the undersigned shall fail to provide the required performance bond to the Owner within ten business days after the date of notification of acceptance.

If written notice of the acceptance of this Bid is delivered to the undersigned, the undersigned will, within ten

(10) business days after the date of such delivery, execute and deliver the Contract in the form of the Agreement attached hereto, or in a special Contract form that may be drawn up in accordance with the County Attorney’s requirements. In the event that an addenda, the undersigned hereby acknowledges the receipt of same and agrees that they are bound by all addenda, whether or not listed herein:

Addendum # ___________ Addendum # _______________ Addendum # ______________

Bidder or Authorized Representative

Name of Company

Address of Company

Telephone and Fax Numbers of Company E-mail

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

REGRET LETTER

TO WHOM THIS MAY CONCERN:

If you do not plan to bid on this offering, but wish to remain on our active vendor list, you must complete this form and return to this office by the bid due date.

Thank you for your cooperation.

Very truly yours, TRICIA A. WISE, NIGP-CPP, CPPO, CPPB

PURCHASING DIRECTOR

REASON FOR NOT BIDDING

RECEIVED BID PACKAGE TOO LATE

NOT ENOUGH TIME TO DEVELOP BID

NOT SUFFICIENT DETAILS

JOB TOO LARGE JOB

TOO SMALL

NOT INTERESTED IN THIS TYPE OF MATERIAL/SERVICE

WORKING AT FULL CAPACITY AT THIS TIME

CANNOT MEET TIME SCHEDULE FOR COMPLETION OF JOB

SPECIFICATIONS TOO RESTRICTIVE

OTHER ___________________________

Contractor/Vendor

REQUEST NUMBER:

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

Vendor Certification

As of January 1, 2005, the Office of the State Comptroller is requiring that governmental agencies award contracts only to vendors that have been certified as “responsible.” Vendor responsibility means that a vendor has the integrity to justify the award of public dollars and the capacity to fully perform the requirements of the contract. It is a contracting agency’s responsibility, under Section 163 (9) of the State Finance Law (SFL), to evaluate and make a determination of the responsibility of a prospective contractor. A responsibility determination, wherein the contracting agency determines that it has reasonable assurances that a vendor is responsible, is an important part of the procurement process, promoting fairness in contracting and protecting a contracting agency and the State (as well as the City) against failed contracts.

The following factors are to be considered in making a responsibility determination:

1. Legal Authority to do business in New York State

2. Integrity

3. Capacity – both organizational and financial

4. Previous performance

Please complete the enclosed Vendor Responsibility Questionnaire. The completed Questionnaire shall be returned with your bid submission in order for your bid to be ruled responsive.

2026 county public work outside engineer boiler 1-13 using bidnet (state funded projects) revised.docx

Vendor Responsibility Form

Within the past five (5) years has your firm, any affiliate, any predecessor company or entity, owner, director, officer, partner or proprietor been the subject of:

ANSWER ALL QUESTIONS

A. an indictment, judgment, conviction, or a grant of immunity, including pending actions, for any business related conduct constituting a crime under governmental law? YES _____ NO _____

B. a government suspension or debarment, rejection of any bid or disapproval of any proposed subcontract, including pending actions, for lack of…