Bid Notice.pdf

Kenneth W. Jenkins, Westchester County Executive

General Requirements and Proposals Information for Bidders General and Special Clauses Technical Specifications

PARKING STRUCTURE INFRASTRUCTURE IMPROVEMENTS

NORWOOD E. JACKSON CORRECTIONAL CENTER

GRASSLANDS CAMPUS, VALHALLA, NEW YORK

Contract No. 24-540 REV.

Bid Opening: August 26, 2026

DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION

Division of Engineering

By Bidder (Please Print) For Official Use Only

Firm/Business Name:

Address:

CONTRACT NO. 24-540 REV.

July 2025

SPECIAL NOTICE

County of Westchester New York

ADDENDA TO THE BID DOCUMENTS

Addenda to the Bid Documents will be published on the Empire State Purchasing Group website at (http://www.bidnetdirect.com/new-york) It is the responsibility of each potential bidder to check the website on a regular basis for further information relative to the bid documents including information relating to any and all addenda prior to submitting its bid. All Bidders are deemed to have reviewed and considered all addendums in their Bid.

SUBMISSION OF BIDS

Bidders should not submit the entire bid document with its bid submission. Instead, each bidder is required to submit the full set of designated Proposal Pages. The Proposal Pages are denoted by a border and are titled on the bottom as “Proposal Page ___”. The Proposal Pages must be accompanied by the “Bid Bond and Consent of Surety” (as set forth in the Proposal Pages) attached to the outside of the sealed bid. A Bid Bond is NOT required for contracts of $100,000 or less. Failure to submit in this manner may cause the bid to be rejected.

The successful bidder will be required to furnish a Performance and Payment Bond.

CONTRACT 24-540 REV.

March 2026

SPECIAL NOTICE

County of Westchester New York

WESTCHESTER COUNTY LOCAL LAW INTRO. NO. 144-2026

Pursuant to Section 309.81 of Chapter 309 of the Laws of Westchester County, a copy of Local Law Intro No. 144-2026 is set forth below. All bidders are required to comply with Local Law Intro No.

144-2026, as applicable.

LOCAL LAW INTRO. NO. 144-2026

A Local Law adding a new Chapter 309 to the Laws of Westchester County to require that County contractors and subcontractors have in place apprenticeship agreements appropriate for the type and scope of work to be performed, that have been registered with the New York Stace Commissioner of Labor.

BE IT ENACTED by the County Board of the County of Westchester as follows:

Section 1. Chapter 309 of the Laws of Westchester County is hereby added to read as follows:

CHAPTER309

APPRENTICESHIP AGREEMENTS REQUIRED FOR COUNTY

CONSTRUCTION CONTRACTS

§309.01 Legislative Intent §309.11 Definitions §309.21 Requirement of Apprenticeship Agreements for Construction

Contracts.

§309.31 Additional Considerations Permissible §309.41 Proof of Participation and Apprentice Completion

Rates §309.51 Certified Payrolls §309.61 Applicability §309.71 Sanctions and Remedies §309.81 Copy of Law Provided §309.91 Severability

§ 309.01. Legislative Intent.

The County Board of Legislators recognizes that the New York State Legislature has declared it the public policy of the State of New York to develop sound apprenticeship training standards and to encourage labor and industry to participate in apprenticeship programs. Section 816-b of the New York State Labor Law authorizes governmental entities like the County that are direct or indirect parties to a construction contract to require contractors and subcontractors to have apprenticeship agreements in place that are appropriate for the type and scope of work to be performed, and that have been registered with by the New York State Commissioner of Labor pursuant to Article 23 of the Labor Law.

The County Board finds that New York State registered apprenticeship programs provide valuable educational and training tools for County residents, and may facilitate the ability of County residents to obtain skilled jobs. The County Board finds that it would be valuable to encourage local businesses to participate in such state registered apprenticeship programs, in order to meet the need for skilled trade persons, while providing residents with the means to earn a better living. New York State-approved apprenticeship programs also encourage equal opportunity for apprentices and applicants for apprenticeship, consistent with state and federal regulations, in order to enhance workforce development and diversification, and to prevent exclusionary practices. See 12 N.Y.C.R.R. 600.4; see also 29 C.F.R. pt. 30.

§ 309.11. Definitions.

A. "Apprenticeship Agreement" means: (1) an individual written agreement between an employer and an apprentice; (2) a written agreement between an employer or an association of employers, and an organization of employees describing conditions of employment for apprentices; or (3) a written statement describing conditions of employment for apprentices in a plant or plants where there is no bona fide employee organization.

B. "Commissioner" means the Commissioner of the Department of Public Works and

Transportation.

C. "Construction Contract" means any contract to which the County or and of its departments or agencies may be a direct or indirect party which involves the construction, reconstruction, improvement, rehabilitation, repair. furnishing. equipping of or otherwise providing for and building facility, or physical structure in excess of S250,000. A public entity need not be part:)' to the Construction Contract. A Construction Contract includes: projects that Westchester County funds directly;

projects that Westchester County funds indirectly by providing funds to a separate entity· to perform the construction-type activity: privately financed construction projects specifically built with the intent of leasing the entire property to any agency or department of Westchester County government; and construction projects built under Westchester County's direction and later paid for with Westchester County· funds.

D. "Contractor" means any bidder for, or awardee of, a Construction Contract, as defined in this section, obtained through competitive bidding procedures.

E. "Date of Award of the Construction Contract" means the date that the Construction Contract has been approved by the Board of Acquisition and Contract.

F. "Subcontract" means any agreement between Contractors or any agreement between a Contractor and an}' person or entity under which any portion of the Contractor's obligation is performed, undertaken or assumed.

G. "Subcontractor" means an individual, sole proprietorship, partnership, joint venture or corporation which is engaged by a Contractor or another subcontractor pursuant to a Construction Contract.

§ 309.21. Requirement of Apprenticeship Agreements for Construction Contracts.

A. A Contractor shall have in place at the time of submission of a bid for a Construction Contract an Apprenticeship Agreement appropriate for the type and scope of work to be performed. Such Apprenticeship Agreement shall be registered with the New York State Commissioner of Labor pursuant to the requirements found in Article 23 of the New York State Labor Law.

B. A Contractor shall provide each Subcontractor with notice of the requirements for Apprenticeship Agreements as appropriate, and a copy of this Local Law, at the time of the execution of each respective Subcontract.

C. A Subcontractor shall have in place within ninety (90) days of the Date of the

Award of a Construction Contract an Apprenticeship Agreement appropriate for the type and scope of work to be performed. Such Apprenticeship Agreement shall be registered with the New York State Commissioner of Labor pursuant to the requirements found in Article 23 of the New York State Labor Law.

D. This provision shall not apply to Contractors or Subcontractors engaged in occupations which are not registered as apprenticeable by the New York State Commissioner of Labor.

E. This provision shall not apply to emergency procurements entered into pursuant to section 103 of the New York State General Municipal Law and section

167.171 of the Laws of Westchester County.

F. The Commissioner is authorized to enact rules and regulations as may be deemed necessary for the implementation of this Chapter. This authority shall not include providing any further exemptions to the requirements of this Chapter, which are not already stated herein.

§ 309.31. Additional Considerations Permissible.

The County, in addition to whatever considerations are required by law, may consider the degree to which career opportunities in apprenticeship training programs approved by the New York State Commissioner of Labor may be provided.

§ 309.41. Proof of Participation and Apprentice Completion Rates.

A. Any prospective Contractor shall submit with their Construction Contract bid:

1. proof of an Apprenticeship Agreement;

2. most recently available certificates of completion. which show that each of the Contractor's applicable registered apprenticeship programs has an apprentice completion rate of at least thirty percent (30%) as determined by the New York State Department of Labor; and

3. a certification that it shall fulfill its obligations under Section 309.21(a) of this Chapter.

B. Within ninety (90) days of the Date of the Award of the Construction Contract, the

Contractor shall submit to the Commissioner, for all Subcontractors under the Construction Contract:

1. proof of each Subcontractor's Apprenticeship Agreement(s); and

2. certificates of completion, which show that each of the Subcontractor's applicable registered apprenticeship programs has an apprentice completion rate of at least thirty percent (30%) as determined by the New York State Department of Labor.

C. Completion Rate Exemptions.

1. A registered apprenticeship program, under which any Apprenticeship Agreement is executed, shall be exempt from the completion rate requirements of§ 309.41(A)(2) and§ 309.41(B)(2) where that apprenticeship program:

i. is still in its probation period with the State Department of Labor, consistent with 12 N.Y.C.R.R. ch. IX, pt. 601: or

ii. is within one year of the projected completion date of its first apprentice(s) eligible to be included in the completion rate calculation.

2. For the exemption to apply, the Contractor shall submit to the Commissioner.

On behalf of the Contractor and/or any Subcontractors, a copy of the relevant fully executed program registration agreement or proof of the State Department of Labor's provisional approval of the apprenticeship program.

§ 309.51. Certified Payroll.

The Contractor shall provide the Commissioner with a certified monthly payroll, which shall include the following information for each person employed to work on the Construction Contract by the Contractor and/or any Subcontractor: worker's name, address, last four digits of Social Security Number, classification(s) in which the worker was employed, hourly wage rate(s) paid, supplements paid or provided, and daily and weekly number of hours worked in each classification.

§ 309.61. Applicability.

A. This Chapter shall apply to Construction Contracts and Subcontracts entered on or after the effective date of the law, but shall not apply to extensions or renewals that were authorized pursuant to a provision contained in a Construction Contract or Subcontract that was executed prior to the effective date of the law. Nothing herein shall impair existing Construction Contracts or Subcontracts.

B. The requirements of Sections 309.21 and 309.41 of this Chapter, although recommended, shall not apply to a Contractor or Subcontractor upon receipt of a verified written statement that the total number of persons employed by such Contractor or Subcontractor is 14 or fewer.

§ 309.71. Sanctions and Remedies.

A. The failure of a prospective Contractor to provide the following may result in the determination that the bid is non-responsive:

1. proof of an Apprenticeship Agreement for such Contractor as required by Section 309.21(A) or a verified written statement that the total number of persons employed by such Contractor is 14 or fewer; and/or

2. a certification that a copy of this Local Law and notice of the requirements therein shall be provided to each Subcontractor. as required by Section 309.41(A)(3).

B. The County may withdraw or suspend its approval of one or more Subcontractors on any Construction Contract, or any portion thereof, in the event that it is established that a Subcontractor failed to comply with the requirements of this Chapter.

§ 309.81. Copy of Law Provided.

A. The Commissioner shall cause a copy of this Local Law to be provided with the bid specifications for each bid for a Construction Contract.

B. This Local Law shall be included as an Appendix to each Construction Contract.

§ 309.91. Severability.

If any clause. sentence. paragraph. section. or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid. such judgment shall not affect. impair. or invalidate the remainder thereof. but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 2.

The Clerk of the Board shall cause a notice of this Local Law to be published at least once a week for two successive weeks, the first publication of which shall be had within ten days after such local law is adopted, in the official newspapers published in the County of Westchester. said notice to contain the number, date of adoption and a true copy of the Local Law, and a statement chat this Local Law changes a provision of law relating to public bidding and/or contracts, and is therefore subject to the provisions of Sections 209.171(2) and

209.181 of the Laws of Westchester County, providing for a permissive referendum.

Section 3.

This Local Law shall take effect ninety (90) days after its adoption, subject to the provisions of Section 209.181 of the Laws of Westchester County

SPECIAL NOTICE

County of Westchester

MINORITY PARTICIPATION POLICY

Contractors must comply with the County’s Minority Participation Policy, including, but not limited to, the requirement that contractors make a demonstrated good faith effort to utilize Minority Owned Businesses (“MOB”) and Women Owned Businesses (“WOB”) (see IFB Article 36). To assist contractors in this effort the County has made available a list of MOB and WOB at http://mwbe.westchestergov.com/ Contractors are also encouraged to utilize other sources to identify potential MOB and WOB as subcontractors and suppliers.

All bidders must submit as part of their bid package the Minority/Women Owned Business Enterprise Questionnaire located in the Proposal Page section of the bid documents.

http://mwbe.westchestergov.com/

SPECIAL NOTICE

County of Westchester

CHANGES IN THE WICKS LAW

Effective July 1, 2008, construction contracts of one million five hundred thousand dollars or less will not require the preparation of separate contracts for plumbing and gas fitting; steam heating, hot water heating, ventilation and air conditioning apparatus; and electric wiring and standard illuminating fixtures and general construction.

Each bidder on a public work contract, where the preparation of separate contracts is not required shall, to the full extent applicable, submit with its bid a separate sealed list that names each Subcontractor that the bidder will use to perform work on the contract and the agreed upon price to be paid to each for (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures and (d) general construction. The submission (Proposal Page 6) that contains the agreed upon price shall be acknowledged by both Contractor and Subcontractor. For purposes of this paragraph, the acknowledgment from the Subcontractor may contain the facsimile signature of an officer of the Subcontractor.

After the low bid is announced, the sealed list of subcontractors submitted with the bid shall be opened and the names of such subcontractors shall be announced. Thereafter, any changes of subcontractors or agreed-upon amount to be paid to each shall require the approval of the County upon a showing of legitimate construction need for such change.

The Successful low bidder, before award of the contract, must procure and provide to the County, from each of the above denoted Subcontractors, a Contract Disclosure Statement and the Required Disclosure of Relationships to County forms.

The sealed lists of Subcontractors submitted by unsuccessful bidders shall be destroyed after the contract award.

THIS PROJECT IS NOT SUBJECT TO THE REQUIREMENTS OF THE

“WICKS LAW”. ACCORDINGLY, EACH BIDDER IS REQUIRED TO SUBMIT

SPECIFIC INFORMATION PERTAINING TO ITS PROPOSED

SUBCONTRACTORS. PLEASE SEE THE “NOTICE TO CONTRACTORS”

THAT FORMS A PART OF THESE BID DOCUMENTS.

SPECIAL NOTICE

County of Westchester New York

COMPLETION OF GRANT FUNDING FORMS

The bidders are hereby notified that if this project, or any portion thereof, is funded by a grant then the contractor will be responsible to complete all appropriate forms as required by the grant agency in order to complete the application.

PROMPT EXECUTION AND RETURN OF CONTRACT

A. The successful bidder is required to return the completed contract to the County within ten (10) days of receipt of the execution copy of the contract. The contract must be signed, notarized and returned to the County with all insurance certificates, bonds and supporting documentation, including all required Subcontractor information.

B. The County reserves all of its rights, including, but not limited to, proceeding against the bid bond, if the successful bidder fails to submit the complete executed package within the above time frame.

SPECIAL NOTICE

PROOF OF PAYMENT BY CONTRACTOR TO SUBCONTRACTORS AND

MATERIALMEN.

In addition to and without limiting any of the provisions set forth in Section 23 of the Information for Bidders, after the Contractor completes 50% of the work under the contract, the Contractor may be required to supplement each requisition submitted to the County with documentation that establishes that the Contractor has timely and properly paid its subcontractors and materialmen as required by Section 23 of the Information For Bidders. Such documentation required may include copies of both sides of cancelled check(s) paid to the order of the subcontractors and materialmen and such other documentation as may be reasonably requested by the Commissioner. If the Contractor fails to submit such documentation, the Commissioner may, in his sole discretion, withhold payment of the requisition until such time as the documentation is properly submitted. Nothing herein is intended or shall be construed to confer upon or give any subcontractor or materialman, or its successors and assigns, any third party beneficiary rights, remedies or basis for reliance upon, under or by reason of the contract or this Special Notice provision.

PREVAILING WAGE

All public works contracts are subject to the payment of the prevailing wage and supplements as set forth by the laws of the State of New York, including, but not limited to, Articles 8 and 9 of the New York Labor Law (the “Prevailing Wage Laws”). Westchester County has an active Prevailing Wage Enforcement Officer who enforces the Prevailing Wage Laws within the County for public works contracts, including reviewing certified payroll records, visiting job sites, interviewing the employer and employees (See IFB Article 12) and, if necessary, requesting copies of cancelled checks.

Any Contractor who fails to comply with the Prevailing Wage Laws, including, but not limited to, failing to pay the prevailing wage rates and supplements, failing to submit certified payroll records to the County or failing to post the prevailing wage rates and supplements at the work site, will be subject to enforcement as provided for in the Contract and laws of the State of New York through the Westchester County District Attorney’s office, the Commissioner of the New York State Department of Labor, the County and/or the employee who suffered the underpayment. This enforcement could include, but is not limited to, criminal penalties, civil penalties, debarment from future bid awards, the withholding of payment under the Contract to satisfy the unpaid wages and supplements, including interest and civil penalty. In addition, such a failure shall constitute grounds for cancellation of the Contract (IFB 8(C)). Moreover, a prime contractor is responsible for its subcontractor’s failure to comply with, or evasion of, the provisions of the Prevailing Wage Laws.

SPECIAL NOTICE

County of Westchester

MANDATORY OSHA CERTIFICATION

When a public works contract is in excess of $250,000.00, all employees are required to have successfully completed the OSHA 10 hours training class. All contractors and subcontractors must attach copies of proof of completion of the OSHA 10 hour course by all employees to the first certified payroll submitted to the County and on each succeeding payroll where any new or additional employee is first listed. Employees may be requested by the County’s representative to verify compliance with the OSHA 10 hour course by showing their OSHA card.

When a public works contract is in excess of $1,000,000.00, all employees are required to have successfully completed the OSHA 30 hours training class. All contractors and subcontractors must attach copies of proof of completion of the OSHA 30 hour course by all employees to the first certified payroll submitted to the County and on each succeeding payroll where any new or additional employee is first listed. Employees may be requested by the County’s representative to verify compliance with the OSHA 30 hour course by showing their OSHA card.

In addition, on any contract that includes excavation of underground facilities, the excavator is required to be certified and have completed the training and education program provided by the one-call notification system (Dig Safely New York, Inc. Certified Excavator Program in Safe Digging Best Practices) or any other provider authorized by the public service commission to administer such training and education program.

SPECIAL NOTICE

County of Westchester New York

NEW CONTRACTOR REGISTRY LAW

Beginning December 30, 2024, subsection 220-i in Article 8 of the New York State Labor Law (the “Contractor Registry Law”) mandates that all contractors and subcontractors bidding on or performing contracted work on a covered project must register with the New York State Department of Labor

(NYSDOL).

A covered project is defined as any project subject to Article 8 of the New York State Labor Law, including but not limited to, public work projects and those subject to the provisions of Section 224-a and 224-d of the New York State Labor Law.

Who Must Register with the NYSDOL?

• Contractors: Defined as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication.

• Subcontractors: Defined as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, as outlined in Article 8 of the Labor Law.

For more information on how to register with the NYSDOL, please visit: https://dol.ny.gov/how-register-contractor-and-subcontractor-registry

BIDDERS ARE HEREBY NOTIFIED:

• No contractor shall bid on a contract for public work unless such contractor is registered with the

NYSDOL.

• Each contractor must submit its certificate of registration at the time the bid is made.

Applications for registration shall not be accepted as a substitute for a certificate of registration.

• Subcontractors must be registered prior to commencing any work on the covered project.

• Contractors are responsible for verifying that their subcontractors are registered prior to commencing subcontracted work on the contract and shall submit information regarding their subcontractor’s registration as may be requested by the County.

• For a contractor or subcontractor who has been determined unfit by the Commissioner of the NYSDOL while performing contracted work, the contracted work shall only continue if a monitor is appointed to oversee the work completed. Such monitor must be approved by the Commissioner of the NYSDOL. Contractor shall be responsible for securing the appointment of the monitor. The contractor shall take all steps necessary to ensure there is no interruption in the project schedule as a result of such determination. The cost of the monitor shall be at the sole expense of such contractor or subcontractor who has been determined to be unfit. Failure of the contractor to either secure the appointment of a monitor or obtain a replacement contractor or subcontractor to complete the contracted work to the satisfaction of the Commissioner of Public Works and Transportation shall be deemed an act of default under the contract.

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

SPECIAL NOTICE

JOINT VENTURES OR CONTRACTORS COMPRISED OF MORE THAN ONE LEGAL

ENTITY

(a) If the Contractor is a joint venture or otherwise comprised of more than one legal entity or any group of partners, participants or joint ventures associated for the purpose of undertaking this agreement, each such entity, partner and/or participant acknowledges and hereby affirmatively represents and agrees that each has the power to bind the Contractor and each of the others hereunder;

and as such, each acts both as principal and agent of the Contractor and of each of the others hereunder. Each further acknowledges and agrees that all such entities, participants and/or partners of the joint venture associated for the purposes of undertaking this agreement expressly agree to be jointly and severably liable for any and all obligations and/or liabilities of the Contractor arising in any way out of and in connection with this agreement.

(b) If the Contractor is a joint venture, or otherwise comprised of more than one legal entity or any group of partners, participants or joint ventures associated for the purposes of undertaking this agreement, the Contractor represents and warrants to the County that it is duly organized under the laws of the State of New York, and that each and every entity, partner, participant or joint venture of Contractor agrees to separately execute the agreement, by its own authorized representative, with the appropriate acknowledgment and verification.

(c) If the Contractor is a joint venture or otherwise comprised of more than one legal entity or any group of partners, participants or joint ventures associated for the purpose of undertaking this agreement, either at least one such entity, partner and/or participant comprising the Contractor and on behalf of the Contractor or the Contractor itself, shall comply with all requirements of the bid specifications herein and prerequisites to submit a bid, including but not limited to attendance of any mandatory pre-bid meetings, if any, and obtaining the bid documents and any addenda from the Empire State Purchasing Group website, or any successor website for posting of bid documents.

(d) If the Contractor is a joint venture or otherwise comprised of more than one legal entity or any group of partners, participants or joint ventures associated for the purposes of undertaking this agreement, each such entity, partner and/or participant acknowledges and hereby affirmatively represents and agrees that the respective rights, duties and liabilities of each hereunder shall be governed by the laws of the State of New York, including but not limited to the New York Partnership Law.

SPECIAL NOTICE

County of Westchester New York

PROJECT LABOR AGREEMENT (PLA)

A. The County of Westchester has determined that a Project Labor Agreement will be used on this Project. The successful bidder will be required as a condition of this Contract to execute the PLA with the Building and Construction Trades Council of Westchester and Putnam Counties, New York, AFL-CIO ("Council"). The PLA will be substantially in the same form as the PLA included in this contract specification book. Bidders are urged to familiarize themselves with the terms and conditions of the PLA.

B. It should be noted that Schedule A of the PLA contains a list of the local unions affiliated with the Council. Copies of the applicable Collective Bargaining Agreements of the local unions can be obtained by writing to the Building and Construction Trades Council of Westchester and Putnam Counties, New York, AFL-CIO at 1360 Pleasantville Road, Briarcliff Manor, NY 10510, Attn: Jeff Loughlin, President.

INSURANCE REQUIREMENTS

1. The Contractor, upon award of the contract and throughout the term of the contract, shall furnish, deliver and maintain at its own cost and expense the required insurance as indicated below from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better. The Contractor shall provide evidence of such insurance to the County by providing a copy of the policies, endorsements, and/or certificates as may be required and approved by the Director of Risk Management of the County (“Director”). The policies, endorsements, or certificates thereof shall provide that ten (10) days prior to cancellation or material change in the policy, notices of same shall be given to the Board of Acquisition and Contract of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies, with a copy also sent to the Director. All notices shall name the Contractor and identify the contract number.

If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Contractor shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy, endorsement, or the certificate as requested by the Director for approval by the Director. Upon failure of the Contractor to furnish, deliver and maintain such insurance, the contract, at the election of the County, may be declared suspended, discontinued or terminated.

Failure of the Contractor to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the Contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Contractor concerning indemnification.

All property losses shall be made payable to the “County of Westchester” and adjusted with the appropriate County personnel.

Upon policy renewal or expiration, evidence of renewal or replacement of coverage that complies with the insurance requirements delineated below shall be delivered to the County. If any insurance requirements are not complied with at their expiration or renewal dates, the Contractor shall immediately cease work. The Contractor shall not resume work until authorized to do so by the County. In addition, payment to the Contractor may be withheld until those requirements have been met, or, at the option of the County, the County may pay the renewal premium and withhold such payments from any monies due the Contractor under the contract or under any other agreement the Contractor may have with the County.

In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of Contractor’s negligent acts or omissions under the contract or by virtue of the provisions of the labor law or other statute or any other reason, the amount of excess of such claims or any portion thereof, may be withheld from payment due or to become due the Contractor until such time as the Contractor shall furnish such additional security covering such claims in form satisfactory to the Director.

In the event of any loss, if the Contractor maintains broader coverage and/or higher limits than the minimums identified herein, the County shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

2. The Contractor shall provide evidence of the insurance for each coverage indicated by a blackened box (■) or by an X in a to the left below:

Workers' Compensation and Employer’s Liability: Certificate form C-105.2 or State Fund Insurance

Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be "All locations in Westchester County, New York."

Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits Policy, or both, the employer must complete NYS form CE-200, available to download at:

http://www.wcb.ny.gov.

If the employer is self-insured for Workers’ Compensation, he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact (Either SI-12, Certificate of Workers’ Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers’ Compensation Group Self- Insurance).

Commercial General Liability Insurance with a combined single limit of $1,000,000 (c.s.l.) per occurrence and either no aggregate limit or, if there is an aggregate limit, a minimum $2,000,000 aggregate limit, naming the “County of Westchester” as an additional insured on a primary and non-contributory basis. This insurance shall include the following coverages:

i. Premises - Operations.

ii. Broad Form Contractual.

iii. Independent Contractor and Sub-Contractor.

iv. Products and Completed Operations.

NOTES: (a) Additional insured status shall be provided by standard or other endorsement that extends coverage to the County of Westchester for both on-going and completed operations.

(b) All Contracts involving the use of explosives, demolition and/or underground work shall provide proof that XCU is covered.

Commercial Umbrella/Excess Insurance: $2,000,000 per occurrence and either no aggregate limit, or, if there is an aggregate limit, a minimum $4,000,000 aggregate limit, naming the “County of Westchester” as an additional insured, written on a “follow the form” basis.

NOTES: Notes (a) through (b) above under the Commercial General Liability Insurance shall also apply to Commercial Umbrella/Excess Insurance.

http://www.wcb.ny.gov/

Automobile Liability Insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and a minimum limit of $100,000 per occurrence for property damage or a combined single limit of $1,000,000 unless otherwise indicated in the contract specifications, and naming the “County of Westchester” as an additional insured. This insurance shall include for bodily injury and property damage the following coverages:

(i) Owned automobiles.

(ii) Hired automobiles.

(iii) Non-owned automobiles.

Builder’s Risk Insurance for Bridges, Viaducts or Similar Structures: For the construction, renovation or repair of bridges, viaducts or similar structures, the Contractor at its own cost and expense shall furnish, deliver and maintain a "Bridge Builder's Risk Form, All Risk Insurance Contract," with flat premium endorsement, until the construction contract is accepted by the Board of Acquisition and Contract of the County of Westchester. The coverage shall also include business interruption and contingent interruption and extra expense coverage. The coverage shall be written for 100% of the completed value, covering and naming the Contractor and “County of Westchester” as the insureds. The Contractor shall provide the original and duplicate copy of the policy, as well as any and all endorsements, to the County.

Builder’s Risk Insurance for Buildings and Facilities: For the construction of (a) new buildings and (b) for additions or repairs of existing buildings or facilities, the Contractor at its own cost and expense shall furnish, deliver and maintain a "Builder's Risk Form, All Risk Insurance Contract," with flat premium endorsement, until the construction contract is accepted by the Board of Acquisition and Contract of the County of Westchester.

The coverage shall also include business interruption and contingent business interruption and extra expense coverage. The coverage shall be written for 100% of the completed value, covering and naming the Contractor and “County of Westchester” as the insureds. The Contractor shall provide the original and duplicate copy of the policy, as well as any and all endorsements, to the County.

Owners Protective Liability Policy covering and naming the “County of Westchester” as insured, with a minimum limit of liability per occurrence of $3,000,000. The Contractor shall provide the original and duplicate copy of the policy to the County.

Crane, Rigging, & Crane Operator (Rigger Liability) Insurance with a minimum limit of liability per occurrence of $5,000,000 for bodily injury and a minimum limit of $500,000 per occurrence for property damage or a combined single limit of $5,000,000, naming the “County of Westchester” as an additional insured

Pollution Liability, either by separate policy of insurance or through endorsement to the General Liability

Policy with a minimum limit of $1,000,000.00, naming the “County of Westchester” as an additional insured.

This insurance shall indicate the following coverages:

(i) Transit

(ii) Sudden and Accidental

(iii) Clean-up

Asbestos and Lead Abatement General Liability Occurrence Policy in amounts not less than $1,000,000 and naming the “County of Westchester” as an additional insured.

Other:________________________________________________________________________________

3. All policies of the Contractor shall be endorsed to contain the following clauses:

(a) Insurers shall have no right to recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance.

(b) The clause "other insurance provisions" in a policy in which the County is named as an insured, shall not apply to the County.

(c) The insurance companies issuing the policy or policies shall have no recourse against the County (including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy.

(d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of, the Contractor.

4. In the event that any portion of the work described in this contract is to be performed by a subcontractor, the Contractor shall require in a written agreement with the subcontractor that the subcontractor furnish and maintain the above insurance, including naming the “County of Westchester” as an additional insured where indicated, unless, in the sole discretion of the County Director of Risk Management, the subcontractor is released from the requirement to provide such insurance. The Contractor shall provide proof of such insurance to the County Director of Risk Management. The subcontractor shall not commence work under the contract unless and until such proof of insurance has been approved by the Director of Risk Management.

5. The above policies for the Contractor and/or any of its subcontractors shall not contain any endorsements, terms, conditions or definitions that result in any labor law or action over exclusions.

6. The types of insurance required and/or policy limits listed above may be adjusted any time during the contract term by the Director when deemed appropriate, even if not indicated above by a blackened box (■) or by an X.

Certificate Holder on all certificates of insurance shall read: The County of Westchester, 148 Martine Avenue, White Plains, New York 10601.

PLEASE NOTE: Printed copies of all of your full insurance policies, and any and all endorsements, are required.

(WC DPW E Version 7/14)

New York

MANDATORY PRE-BID SITE INSPECTION

A. Superseding the first paragraph of Article “3. PRE-BID SITE INSPECTION” of the Information for Bidders, Bidders are required to attend a Mandatory Pre-Bid Site Inspection at 10:00 a.m. Tuesday, August 11, 2026 at a meeting at the Main Entrance to the Norwood E. Jackson Correctional Center (See the attached directions) at which time they will examine the work site under escort by the County’s representative.

BIDS FROM CONTRACTORS NOT IN ATTENDANCE AT THIS MEETING,

OR THOSE WHO FAIL TO SIGN THE ATTENDANCE SHEET-WILL BE

REJECTED

B. Bidders shall indicate their interest in the Mandatory Pre-Bid Site Inspection by contacting Esther Rivas, P.E., Department of Public Works and Transportation, Division of Engineering at (914) 995-5584.

C. All other portions of Article “3. PRE-BID SITE INSPECTION” of the Information for Bidders shall remain in full force and effect.

DIRECTIONS

From the East (I-95):

Take I-95 North to Exit 21, (or Southbound to I-287 West) follow signs for I-287 / White Plains. Take I-287 West to Exit 3 (Sprain Parkway, New York City to Taconic State Parkway) exit on your right side.

Stay to the left on the exit ramp and follow the signage for Sprain Parkway North / Taconic Parkway.

Stay in the right lane for approximately 1 mile to the Exit marked Eastview 100C, stay in the left lane, on the exit ramp, at the traffic light make a left turn onto Route 100C / Grasslands Road. Get into the right lane, at the second traffic light make a right turn onto Woods Road (this is Valhalla Campus) Continue on Woods Road to the second driveway on the left side (east) of the roadway, this driveway is the Entrance for Post 2. Proceed to the Control Post

From the West (I-287):

Take all major routes to I-287 East. Take I-287 East to Exit 4 Hartsdale 100, this is a right exit. Stay to the left lane on the exit ramp. At the traffic light on top of ramp make a left turn onto Route 100A / Knollwood Road. Continue along Route 100A up the hill passing Westchester Community College (1 mile) on the right side, continuing 1 mile passing Sunoco Gas Station / Food Mart on the left, followed by The Cabin Restaurant and an American Gas Station on the right side.

At the traffic light make a left turn onto Route 100C / Grasslands Road, and get into the right lane. Continue for three traffic lights. At the third traffic light make a right turn onto Woods Road. (this is Valhalla Campus) Continue on Woods Road to the second driveway on the left side (east) of the roadway, (Blue Signage reads CORRECTION DEPARTMENT POST 2 ACCESS) this is the Entrance for Control Post 2. Proceed to the Control Post 2.

From the North (Saw Mill Parkway, Taconic Parkways):

Take all major routes to the Sprain Parkway South to the Exit marked, Hawthorne Route 100 / Westchester Medical Center.

Bear to the right and continue south on Route 100 / Bradhurst Road until you come to the first traffic light. Make a right turn (Bradhurst Entrance North Road / Hospital Road) and cross over the Sprain Parkway. At the stop sign make a left turn onto Woods Road and onto Valhalla Campus. Continue along Woods Road for approximately 6/10 mile. You will Pass the Medical Center (WMC Health)and Maria Ferrera Childrens Hospital on the right, followed by the Operations Building 35 Woods Road, first building on the left, a four way intersection, followed by the Central Heating Plant (2 Chimney Stacks) on the left, the Correctional Center will now be on the right. Continue for approximately ¼ mile (Blue Signage reads CORRECTION DEPARTMENT POST 2 ACCESS) this is the driveway entrance for Control Post 2, located on the right side of the roadway.

Directions Page 1

North

South

Main Entrance to Valhalla Campus on South Side – Woods Road and 100C Grasslands Road

All Bidders will meet at 10:00am., enter the Correctional Facility at Post 2 - Entrance. This is the second driveway on the left side of Woods Road when entering Valhalla Campus from Route 100C.

Directions Page 2

Directions Page 3

Bidders, Pre-bid Site Investigation is scheduled for 10:00am. Please meet at Control Post 2. All Bidders or persons participating in the Pre- Bid Site Investigation must have Photo Identification such as Drivers License, and must of course leave any /all weapons at home. Please note Photographs will not be allowed during the site visit.

South

NORTH

QUESTIONS DURING BIDDING

No interpretation of the meaning of the plans, specifications or other contract documents will be made to any bidder orally. Every request for such interpretation shall be in writing addressed to the Westchester County Project Manager. The inquiries shall be sent to:

Esther Rivas Westchester County Department of Public Works and Transportation, 148 Martine Avenue, Suite 500 White Plains, New York 10601 (egr3@westchestercountyny.gov)

To be given consideration, questions must be received by the close of business on August 17, 2026 at 5:00 PM. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications.

Addenda to the Bid Documents will be published on the on the Empire State Purchasing Group website at (http://www.bidnetdirect.com/new-york) It is the responsibility of each potential bidder to check the website on a regular basis for further information relative to the bid documents including information relating to any and all addenda prior to submitting its bid.

All Bidders are deemed to have reviewed and considered all addendums in their Bid. Failure of any bidder to receive any such addendum or interpretation or any other form, instrument or document shall not relieve any bidder from any obligation under its bid as submitted. All addenda so issued shall become part of the contract documents.

A bidder's failure to request a clarification, interpretation, etc. of any portion of the plans, specifications, or contract or to point out any inconsistency therein will preclude such bidder from thereafter claiming any ambiguity, inconsistency, or error which should have been discovered by a reasonably prudent bidder and from asserting any claim for damages arising directly or indirectly therefrom.

mailto:egr3@westchestercountyny.gov http://www.bidnetdirect.com/new-york

(WC DPW E Version 11/11)

New York

BASE BID AND ADD ALTERNATES

This contract consists of the Base Bid and one Add Alternate, Alternate #1, as defined in the Specifications and on the Drawings.

It is the goal of the County to award the Base Bid and Alternate 1, if the low bid for both items are within the amount budgeted for this project. If the Base Bid and Alternate 1 exceed the amount budgeted for this project, the contract will be awarded to the bidder submitting the lowest Base Bid up to an amount that does not exceed the project budget.

The alternates are as follows:

ALTERNATE #1: Remove all existing railings and replace with new 42" high aluminum railing system. Railings to have mesh infill. Contractor shall provide shop drawings for review prior to fabrication. Approximate total length (to be used for bidding purposes only) of railing system to be replaced is 440± linear feet

Contract No.24-540 REV.

NOTICE TO CONTRACTORS REGARDING

THE PRISON RAPE ELIMINATION ACT OF 2003

The Federal Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. 15601 et seq., requires, inter alia, that covered public agencies shall include in any new contract or contract renewal the contracting entity’s obligation to adopt and comply with the PREA standards.

Based on the foregoing, the Contractor shall be required to sign the following document at the time of award.

Contract No.24-540 REV.

NOTICE TO CONTRACTORS REGARDING

THE PRISON RAPE ELIMINATION ACT OF 2003

The Federal Prison Rape Elimination Act of 2003 (PREA), 42 U.S.C. 15601 et seq., requires, inter alia, that covered public agencies shall include in any new contract or contract renewal the contracting entity’s obligation to adopt and comply with the PREA standards.

Based upon the foregoing and by execution hereof, I, ____________________________, am ______________________________ and (Name of Person Signing Below) (Title Relevant to Contract) hereby acknowledge (Contractor) ________________________’s continuing obligation to adopt and comply with all applicable provisions of PREA, including the following key provisions:

• Maintenance of a zero-tolerance standard for incidents of prison rape and sexual misconduct;

• Compliance with applicable standards for the detection, prevention, reduction, and punishment of prison rape; and

• Maintenance of data and information on all incidents of prison rape and sexual misconduct;

As part of the same, Contractor recognizes its continuing affirmative duty to immediately disclose any investigations of sexual misconduct or rape, or arrests related thereto, of its agents as related to inmates confined to the custody of the Westchester County Department of Correction (WCDOC) to WCDOC’s Special Investigation Unit.

Contractor recognizes that material omissions regarding such misconduct, or the provision of materially false information, may constitute a material breach of Contractor’s agreement with the County and may subject Licensee and/or its agents to termination of contract, revocation of security clearance, possible criminal prosecution and other appropriate civil/criminal penalties.

Contractor further recognizes it obligation and consents to…