Bid Notice.pdf
PDF 5 MB Posted
- Solicitation number
- WCC-26-973
- Issued by
- Westchester County, New York
About this file
Summary of Bid Notice and Contract Opportunity
This is a bid notice issued by Westchester County for a construction contract through Westchester Community College's Physical Plant Department. The project involves comprehensive infrastructure upgrades for Phase I of the Academic Arts Building, specifically including the replacement of the stage rigging system in the theater. The bid opening is scheduled for August 19, 2026, at 11:00 a.m. in Room 527 of the Michaelian Office Building in White Plains, New York, with livestreaming via WebEx available to the public. A mandatory pre-bid site inspection is scheduled for August 5, 2026, at 10:00 a.m. at Westchester Community College's Physical Plant Operations Building in Valhalla, New York, under escort by the County's representative. Bidders must obtain bid documents from the Empire State Purchasing Group website (bidnetdirect.com/new-york) after 1:00 p.m. on the advertising date of July 31, 2026. Contract drawings are available electronically at no cost or in physical form for $100.00 per set with deposit refund provisions. The contract, numbered WCC-26-973, requires completion by August 31, 2027, with work to commence within ten days of written notice from the County.
The bid consists of a lump sum price for all labor, materials, equipment, and incidentals, with an allowance of $140,000 for miscellaneous additional work. A bid bond equal to 25 percent of the bid amount is required for all bids exceeding $100,000, and the successful bidder must furnish a Performance and Payment Bond equal to 100 percent of the total contract price. The contractor must comply with Westchester County Local Law 144-2026 regarding apprenticeship agreements, prevailing wage requirements, affirmative action programs, and minority and women-owned business enterprise (MBE/WBE) participation goals. Comprehensive insurance requirements include Commercial General Liability ($1,000,000 combined single limit), Commercial Umbrella/Excess Insurance ($2,000,000), Automobile Liability ($1,000,000), Builder's Risk Insurance for 100 percent of completed value, and specialized coverage including Crane Operator Liability and Pollution Liability. The contractor must directly employ at least 10 percent of the workforce measured in man-days worked and cannot subcontract more than 90 percent of the bid. The successful bidder must return the fully executed contract with all insurance certificates, bonds, and documentation within ten days of receipt or face forfeiture of bid security and potential contract rescission.
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Text version
Ken Jenkins, Westchester County Executive
General Requirements and Proposals Information for Bidders General and Special Clauses Technical Specifications
ACADEMIC ARTS BUILDING INFRASTRUCTURE
UPGRADES, PHASE I
WESTCHESTER COMMUNITY COLLEGE
Contract No. WCC-26-973 Bid Opening: August 19, 2026 Copy No.
By Bidder (Please Print) For Official Use Only Firm/Business Name:
Address:
WESTCHESTER COMMUNITY COLLEGE
PHYSICAL PLANT
CONTRACT NO. WCC-26-973
SPECIAL NOTICE
County of Westchester New York
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.
County of Westchester New York
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.
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.
http://www.wcb.ny.gov/
New York
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.
New York
(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. 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.
5. 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.
New York
(WC DPW E Version 1/18)
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.
http://www.bidnetdirect.com/new-york)
County of Westchester New York
PRE-BID SITE INSPECTION
A. Superseding the first paragraph of Article “Pre-Bid Site Inspection” of the Information for Bidders, bidders will be permitted to examine the work site only under escort by the County’s representative at 10:00 a.m. on Wednesday, August 5, 2026, at a meeting at Westchester Community College, Physical Plant Operations Building, 75 Grasslands Road, Valhalla, NY 10595.
B. Bidders may but are not required to indicate their interest in the site examination by contacting Lamont Watson, Director of Physical Plant, Westchester Community College at 914-606-6980.
C. All other portions of Article “Pre-Bid Site Inspection” of the Information for Bidders shall remain in full force and effect.
(WC DPW E Version 1/18)
SPECIAL NOTICE
County of Westchester New York
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 www.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://www.mwbe.westchestergov.com/
County of Westchester New York
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.
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.
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
New York
§ 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
New York 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.
New York
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.
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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
NOTICE TO CONTRACTORS
County of Westchester New York
CONTRACT NO: WCC-26-973 ADVERTISING: July 31, 2026 PRE-BID INSPECTION:August 5, 2026
Sealed proposals for the following construction work:
ACADEMIC ARTS BUILDING
INFRASTRUCTURE UPGRADES,
PHASE I
WESTCHESTER COMMUNITY COLLEGE
VALHALLA, NEW YORK
will be received by the Board of Acquisition and Contract in Room 528, Michaelian Office Building, 148 Martine Ave., White Plains, New York until 11:00 a.m., Wednesday, August 19, 2026 , and immediately thereafter, the bids will be publicly opened and read aloud in Room 527 of the said building. The bid opening also will be made accessible to the public via the livestreaming service WebEx. The livestreaming of the bid opening via WebEx is in addition to and not in place of the publicly bid opening to be held in Room 527 of the Michaelian Office Building. For additional bidding information or questions call (914) 995-2274.
Instructions for livestreaming via WebEx. Attendees may join by computer browser at https://westchestergov.webex.com/meet/bac-bidopening or by phone 1-415-655-0001 US Toll or 1-844-621-3956 US Toll Free. The Access Code is 614 981 028.
The Bid Documents (General Requirements, Information for Bidders, Technical Specifications, etc. with Authorized Proposal Pages) MUST BE OBTAINED from the Empire State Purchasing Group website at the following web address:
http://www.bidnetdirect.com/new-york.
There is no cost to the bidder for this service. Bid documents will be available after 1:00 p.m. on the advertising date.
PLEASE TAKE NOTICE: IN ORDER TO SUBMIT A BID, BIDDERS MUST REGISTER AND DOWNLOAD THE BID DOCUMENTS FROM THE EMPIRE STATE PURCHASING GROUP WEBSITE AND MUST REGISTER USING THE NAME OF THE PERSON OR BUSINESS ENTITY THAT WILL BE SUBMITTING THE BID. IN ORDER TO ENSURE THAT COUNTY BID DOCUMENTS HAVE NOT BEEN ALTERED IN ANY WAY, THE COUNTY WILL NOT ACCEPT
BIDS FROM PERSONS OR BUSINESS ENTITIES THAT HAVE NOT FOLLOWED THIS REQUIREMENT.
The Bid Documents include Contract Drawings which MAY BE OBTAINED at no cost on the Empire State Purchasing Group website at the following web address: http://www.bidnetdirect.com/new-york, after 1:00 p.m. on the advertising date.
If the bidder is unable to utilize the electronic version of the Contract Drawings that are available on the Empire State Purchasing Group Website, the bidder may purchase copies of the Contract Drawings. Contract Drawings may be obtained from the Office of the Board of Acquisition and Contract at the above address after 1:00 p.m. on the advertising date and between the hours of 9:00 a.m. to 4:00 p.m.
Monday thru Friday. Copies of the Contract Drawings shall be made available upon payment of a personal check, company check or money order made payable to the County of Westchester, in the amount of $100.00 per set. For bidders, the deposit for each set of drawings will be refunded in full if returned in good condition within thirty days after award or rejection of bids. For non-bidders, only fifty percent of the deposit will be refunded. No refunds will be made to the successful bidder.
Each bidder is required to submit the full set of authorized Proposal Pages and all bids over $100,000.00 must also 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. Failure to submit in this manner may cause the bid to be rejected. The successful bidder, no matter the amount of its bid, will be required to furnish a Performance and Payment Bond with its signed contract.
To the full extent applicable, each bidder shall 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 41) 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.
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The Successful low bidder, before award of the contract, must obtain and provide to the County, from each of the above denoted Subcontractors, fully completed and signed Contract Disclosure Statement (Proposal Pages 24-32) and Required Disclosure of Relationships to County (Proposal Pages 33) forms. The sealed lists of Subcontractors submitted by unsuccessful bidders shall be destroyed, unless you request that it be returned by checking the applicable box on Proposal Page 5.
The County of Westchester reserves the right to waive any informalities in the bids, or to reject any or all bids. No bidder may withdraw its bid within sixty (60) days after the date of the bid opening.
Pursuant to Chapter 308 of the Laws of the County of Westchester, it is the goal of the County to use its best efforts to encourage, promote, and increase the participation of business enterprises owned and controlled by persons of color or women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE).
REMINDER: All required licenses should be submitted with the Bid.
WESTCHESTER COMMUNITY COLLEGE
BY: DR. BELINDA S. MILES, PRESIDENT
TABLE OF CONTENTS
(WCC 6/07)
SECTION 1: GENERAL REQUIREMENTS AND PROPOSALS
General Requirements
1. Description Of The Work .................................................................................................. 1.1
2. Subcontracting & Direct Employment Of Labor .............................................................. 1.2
3. Required Time For Completion Of The Work .................................................................. 1.2
4. Security Regulations .......................................................................................................... 1.3
Contract Drawings
Contract Drawings............................................................................................ Contract Drawings 1
Proposal Forms
Bidder's Identification .............................................................................................. Proposal Page 1 Proposal Requirements and Addendum Receipt ...................................................... Proposal Page 2 Non-Collusive Bidding Certification ....................................................................... Proposal Page 4 Bid Page(s) ............................................................................................................... Proposal Page 6 Contractor's Acknowledgement................................................................................ Proposal Page 7 Contractor’s Acknowledgement (Corporation/Sole Officer) ................................... Proposal Page 8 Limited Liability Company Acknowledgement ....................................................... Proposal Page 9 Certificate of Authority .......................................................................................... Proposal Page 10 Certificate of Authority-Limited Liability Company ............................................. Proposal Page 11 Bid Bond and Consent of Surety ............................................................................ Proposal Page 12 Affirmative Action Program Requirement (Contractors) ....................................... Proposal Page 13 Apprenticeship Agreement Requirement ................................................. Proposal Page 14a and 14b Certificate of License (Electrical) .......................................................................... Proposal Page 15 Certificate of License (Plumbing) .......................................................................... Proposal Page 17 Certificate of License (Hauler) ............................................................................... Proposal Page 19 Stormwater Pollution Prevention Certification ...................................................... Proposal Page 20 Prevailing Wage Rates and Supplement ................................................................ Proposal Page 21 MBE/WBE Program Questionnaire ....................................................................... Proposal Page 22 Contractor Disclosure Statement ............................................................................ Proposal Page 23 Required Disclosure of Relationships to County ................................................... Proposal Page 32 Statement Of Enrollment In A Qualified Transportation Fringe Program ............. Proposal Page 34 Waiver Application - Qualified Transportation Fringe Program ........................... Proposal Page 35
TOC 1
TOC 2
(WC DPW E Version 9/3/08)
SECTION 2: INFORMATION FOR BIDDERS
1. Addenda And Interpretation .............................................................................................. 2.1
2. Voided Clauses .................................................................................................................. 2.1
3. Pre-Bid Site Inspection ...................................................................................................... 2.1
4. Bid Security ....................................................................................................................... 2.1
5. Performance And Payment Bond ...................................................................................... 2.2
6. Indemnification Agreement ............................................................................................... 2.3
7. Insurance Requirements-Intentionally Omitted. See Special Notices ............................... 2.3
8. Prevailing Wage Rates And Supplements ......................................................................... 2.6
9. Labor And Compliance With Labor Law ......................................................................... 2.9
10. Contractor's Report Of Employment And Weekly Affidavit .......................................... 2.13
11. Laws/Regulations And Appropriations ........................................................................... 2.13
12. Refusal To Answer Questions ......................................................................................... 2.13
13. Bid Requirements ............................................................................................................ 2.14
14. Miscellaneous Additional Work (Item W-800) .............................................................. 2.14
15. Correction Of Errors ....................................................................................................... 2.15
16. Shown Quantities ............................................................................................................ 2.15
17. Qualification Of Bidders ................................................................................................. 2.15
18. Required Experience ....................................................................................................... 2.15
19. Increase Or Decrease Of Quantities: Elimination Of Items ............................................ 2.16
20. Breakdown Cost Of Lump Sum Items And Contracts .................................................... 2.16
21. Engineering Charges ....................................................................................................... 2.16
22. Estimates And Payments ................................................................................................. 2.17
23. Payments To Subcontractors And Materialmen By Contractor ...................................... 2.20
24. Time Of Starting.............................................................................................................. 2.21
25. Safety And Health Regulations For Construction And Demolition Work ...................... 2.21
26. Accident Prevention And First Aid Facilities ................................................................. 2.22
27. Fire Prevention And Control ........................................................................................... 2.22
28. State And Local Sales Tax Exemption ............................................................................ 2.23
29. Apprentices ...................................................................................................................... 2.23
30. Affirmative Action Provision .......................................................................................... 2.23
31. Affirmative Action Program Requirement ...................................................................... 2.23
32. Authority To Do Business In New York ......................................................................... 2.24
33. License Requirements (Electrical) .................................................................................. 2.24
34. License Requirements (Plumbing) .................................................................................. 2.25
35. License Requirements (Haulers) ..................................................................................... 2.26
36. Minority Participation Policy .......................................................................................... 2.29
37. Sexual Harassment Policy ............................................................................................... 2.31
38. Smoke-Free Workplace Policy ....................................................................................... 2.31
39. County Energy Efficient Purchasing Policy .................................................................... 2.32
40. Restriction On Use Of Tropical Hardwoods ................................................................... 2.32
41. Disclosure Of Relationships To County ......................................................................... 2.32
42. Contractor Disclosure Statement ..................................................................................... 2.33
43. Criminal Background Information .................................................................................. 2.33
44. Mandatory OSHA Construction Safety And Helath Training ........................................ 2.35
(WC DPW E Version 9/3/08)
SECTION 3: GENERAL CLAUSES
1. Material And Workmanship .............................................................................................. 3.1
2. Definitions ......................................................................................................................... 3.1
3. Boundaries Of Work ......................................................................................................... 3.2
4. Overlapping Work ............................................................................................................. 3.2
5. Proper Method Of Work And Proper Materials ................................................................ 3.4
6. Control Of Area ................................................................................................................. 3.4
7. Permits, Fees, Etc. ............................................................................................................. 3.4
8. Traffic ................................................................................................................................ 3.5
9. Inspection .......................................................................................................................... 3.5
10. Stopping Work .................................................................................................................. 3.5
11. Dimensions ........................................................................................................................ 3.5
12. Payments To County ......................................................................................................... 3.6
13. Protection Of Utilities And Structures .............................................................................. 3.6
14. Protection Of Water Resources & The Environment ........................................................ 3.6
15. Sanitary Regulations .......................................................................................................... 3.8
16. Cleaning Up ...................................................................................................................... 3.8
17. Prevention Of Dust Hazard ............................................................................................... 3.8
18. Representative Always Present ......................................................................................... 3.8
19. Work In Bad Weather ....................................................................................................... 3.8
20. Protection Of Work Until Completion .............................................................................. 3.9
21. Removal Of Temporary Structures And Cleaning Up ...................................................... 3.9
22. Gross Loads Hauled On Highway ..................................................................................... 3.9
23. Concrete Batch Proportions - Yield .................................................................................. 3.9
24. Damage Due To Contractor's Operations .......................................................................... 3.9
25. Property Damage ............................................................................................................. 3.10
26. Claims For Damages ....................................................................................................... 3.10
27. Extensions Of Time ......................................................................................................... 3.10
28. Request For Approval Of Equal ...................................................................................... 3.12
29. Substitution ...................................................................................................................... 3.15
30. Extra Work: Increased Compensation/Decreased Work: Credit To The Owner ............ 3.18
31. Disputed Work - Notice Of Claims For Damages .......................................................... 3.19
32. Contractor's Subcontracts And Material Lists ................................................................. 3.20
33. Assignment Of Contract .................................................................................................. 3.21
34. Payment For General Provisions ..................................................................................... 3.22
35. Costs Incurred By County ............................................................................................... 3.22
36. Guarantee Of Work ......................................................................................................... 3.22
37. Separate Contracts ........................................................................................................... 3.23
38. Cooperation With Owner ................................................................................................ 3.23
39. Job Meetings & Project Superintendant .......................................................................... 3.23
SECTION 3: GENERAL CLAUSES
40. Patent Warranty ............................................................................................................... 3.24
41. Materials .......................................................................................................................... 3.25
(WC DPW E Version 9/3/08)
42. Standard Of Quality ........................................................................................................ 3.28
43. Proprietary Item .............................................................................................................. 3.29
44. Shop Drawings ................................................................................................................ 3.29
45. Sequence Of Construction Operations ............................................................................ 3.33
46. Protection ........................................................................................................................ 3.35
47. Cleanup And Removal Of Debris ................................................................................... 3.35
48. Temporary Service .....................
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