Bid Notice.pdf

SPECIFICATIONS AND CONTRACT DOCUMENTS

ROCKLAND COUNTY SEWER DISTRICT NO. 1

ROCKLAND COUNTY, NEW YORK

BOARD OF COMMISSIONERS

MICHAEL SPECHT - CHAIRMAN

KEVIN P. CONNELL

RICHARD DIAZ

YISROEL EISENBACH

MICHAEL A. GENITO

GEORGE HOEHMANN

TERESA KENNY

SETH LEHMAN

JOSEPH TURSI

EXECUTIVE DIRECTOR – MICHAEL R. SABER, P.E.

2027 SEWER SYSTEM MAINTENANCE PROJECT

CONTRACT RFB-RC-SWR-SM2027-01

September 2026

4 ROUTE 340

ORANGEBURG, N.Y. 10962

(845) 365-6111

BOARD OF COMMISSIONERS

MICHAEL SPECHT – CHAIRMAN

KEVIN P. CONNELL

RICHARD DIAZ

YISROEL EISENBACH

MICHAEL A. GENITO

GEORGE HOEHMANN

TERESA KENNY

SETH LEHMAN

JOSEPH TURSI

COUNTY OF ROCKLAND LEGISLATORS

JAY HOOD, JR. – CHAIRMAN

PAUL C. CLEARY

BETH J. DAVIDSON

THOMAS F. DIVINY

TONEY L. EARL

JOEL FRIEDMAN

LON M. HOFSTEIN

MOSHE HOPSTEIN

DOUGLAS J. JOBSON

WILL J. KENNELLY

JESSE M. MALOWITZ

ANEY PAUL

RAYMOND W. SHERIDAN, III

PHILIP SOSKIN

DANA G. STILLEY

ALDEN H. WOLFE

ITAMAR YEGER

TABLE OF CONTENTS

i

TABLE OF CONTENTS

Page

NOTICE TO BIDDERS 1-2

INSTRUCTIONS FOR BIDDERS

1. Definitions ITB-1

2. Preparation and Submission of Bids ITB-3

3. Bid Security ITB-4

4. Return of Bid Security ITB-4

5. Interpretation of the Proposal and the Contract ITB-5

6. Examination of Bid Documents, Contract, and

Work Site ITB-6

7. Modification of Proposals ITB-8

8. Withdrawal of Bids ITB-8

9. Permits and Licenses ITB-8

10. Statement of Bidder's Qualifications ITB-9

11. Power of Attorney ITB-9

12. Federal Laws, State Laws and Regulations ITB-9

13. Subcontractor ITB-9

14. Debarments, Suspensions & Voluntary Exclusions ITB-10

15. Signature Requirements ITB-10

16. Notice of Award of the Contract ITB-11

17. Disqualification of Bidders ITB-12

18. Execution of Contract ITB-13

19. Contract Executory ITB-14

20. Non-Discrimination in Employment ITB-14

21. Not Applicable ITB-16

22. Pre-work Conference ITB-16

23. Exemption from Sales and Compensating Use Taxes ITB-16

24. Insurance Requirements ITB-17

25. Not Applicable ITB-17

26. Contract Provisions Required by NYS ITB-17

27. Not Applicable ITB-24

28. Not Applicable ITB-24

29. Not Applicable ITB-25

30. State Wage Schedule and Regulations ITB-25

31. Not Applicable ITB-30

32. Not Applicable ITB-30

33. State Wage Rates ITB-30

34. Resolution No. 207 of 1992, Establishing Hiring

Guidelines for County Public works Contractors ITB-30

35. Not Applicable ITB-31

36. Solid Waste Disposal ITB-31

37. Public Work Contractor and Subcontractor Registry ITB-31

TABLE OF CONTENTS (continued) ii

PROPOSAL Page

Bid Proposal Forms, Contract RFB-RC-SWR-SM2027-01 P-1

Statement of Required Disclosures, Representations &

Certifications P-8

Section A - Statement of Participation in Contracts Subject

To Nondiscrimination Clause P-9

Section B - Disclosure of Political Contributions Pursuant

To Chapter 323 of the Rockland County Code P-10

Section C - Disclosure of Supplier Responsibility Statement P-11

Section D - Affirmative Action Plan Certification P-12

Section E - Business Dealings in Northern Ireland - MacBride

Principles P-13

Section F - Certification of Compliance with The Iran

Divestment Act P-14

Section G - Certification Regarding Boycott, Divest And

Sanctions (BDS) Activities P-15

Section H - Certificate of Non-Collusion P-16

Section I - Certification by Proposed Prime or Subcontractor

Regarding Equal Employment Opportunity P-17

Section J – References P-18

Section K - Contract RFB-RC-SWR-SM2027-01 Consent of Surety P-19

Section L - Certificate of Workers’ Compensation Experience

Modification P-20

BID BOND BB-1

CONTRACT C-1

GENERAL CONTRACT CONDITIONS

1. Introduction GCC-1

2. Contract Documents GCC-1

3. Intent of Documents and Instructions GCC-1

4. Definitions GCC-2

5. Provisions Required by Law Deemed Inserted GCC-3

6. Progress Payments GCC-3

7. Other Prohibited Interests GCC-5

8. Notice and Service Thereof GCC-5

9. Disputes GCC-6

10. Litigation GCC-7

11. Use of Completed Portions GCC-7

12. Contract Drawings and Specifications GCC-8

13. Checking Plans and Specifications GCC-8

14. Plans and Specifications: Interpretations GCC-9 iii

GENERAL CONTRACT CONDITIONS (continued) Page

15. Additional Instructions and Detail Drawings GCC-10

16. Record Drawings GCC-10

17. Reference to Standards GCC-10

18. Shop Drawings GCC-12

19. Responsibility of the Contractor GCC-15

20. Materials and Workmanship GCC-15

21. Sources of Material GCC-16

22. Standard Products GCC-16

23. Equal, Substitution GCC-17

24. Appliances, Equipment, etc. GCC-18

25. Contractor's Title to Materials GCC-19

26. Certificates GCC-19

27. Not Applicable GCC-19

28. Samples GCC-19

29. Inspection GCC-20

30. Tests GCC-20

3l. Costs of Tests GCC-21

32. General Arrangement GCC-22

33. Spare Parts and Data GCC-22

34. Tools and Accessories GCC-22

35. Operation and Maintenance Manuals GCC-22

36. Not Applicable GCC-24

37. Additional Engineering Services GCC-24

38. Site Investigation GCC-24

39. Not Applicable GCC-25

40. Not Applicable GCC-25

41. Not Applicable GCC-25

42. Not Applicable GCC-25

43. Not Applicable GCC-25

44. Datum of Plans GCC-26

45. Not Applicable GCC-26

46. Area to be Occupied by Contractor GCC-26

47. Protection of Property GCC-26

48. Existing Structures and Utilities GCC-27

49. Supervision-Competent Workers GCC-29

50. Inspectors GCC-29

51. Storage and Handling of Materials GCC-30

52. Protection of Work and Materials GCC-31

53. Protection of Traffic GCC-32

54. Traffic Control GCC-33

55. Work Along Highways, Railroads, Waterways, Airports, Etc. GCC-33

56. Hours of Work GCC-34

57. Inclement Weather GCC-35 iv

58. Dust Hazard GCC-35

59. Accident Prevention GCC-35

60. Not Applicable GCC-36

61. Not Applicable GCC-36

62. Not Applicable GCC-36

63. Not Applicable GCC-36

64. Field Offices GCC-37

65. Not Applicable GCC-37

66. Cleanup GCC-37

67. Royalties and Patents GCC-37

68. Permits and Licenses GCC-38

69. Laws, Taxes GCC-38

70. Hours and Wages GCC-39

71. Posting Minimum Wage Rates GCC-40

72. Payroll Records GCC-40

73. Apprentices GCC-40

74. Computation of Wages on Eight-Hour Day; Overtime

Compensation GCC-41

75. Wage Underpayments and Adjustments GCC-41

76. Payment of Employees GCC-41

77. Anti-Kickback Clause GCC-42

78. Notice to Proceed GCC-42

79. Construction Schedule GCC-42

80. Additional Submittals GCC-51

81. Subcontracting GCC-51

82. Not Applicable GCC-52

83. Changes to the Contract GCC-52

84. Pricing of Changes GCC-53

85. Mutual Accord and Satisfaction GCC-56

86. Deductions for Uncorrected Work GCC-57

87. Time of the Essence GCC-57

88. Correction of Work Before Final Payment GCC-57

89. Warranty of Work GCC-58

90. Correction of Work After Certificate of Substantial

Completion GCC-58

91. Additional or Substitute Bond GCC-59

92. Liens GCC-59

93. Assignment GCC-60

94. Not Applicable GCC-60

95. No Waiver of Legal Rights GCC-60

96. Not Applicable GCC-61

97. Estimates and Payments GCC-61

98. Owner's Right to Withhold Payments GCC-62

99. Final Inspection and Time of Completion GCC-63 v

100. Certificate of Completion GCC-64

101. Termination for Default-Damages-Time Extension GCC-64

102. Delays and Time Extensions GCC-65

103. Removal of Equipment and Supplies GCC-66

104. Power of Contractor to Act in an Emergency GCC-66

105. Contractor's Insurance GCC-67

106. Contractor’s Claim for Damage GCC-70

107. Indemnity, Defense of Actions or Suits GCC-71

108. Mutual Responsibility of Contractors GCC-72

109. Owner's Control Shall Not Limit Contractor's

Responsibility or Risk GCC-73

110. Soil Erosion and Sediment Control Plan GCC-73

111. Not Applicable GCC-73

112. Enumeration of Plans GCC-73

113. Not Applicable GCC-74

114. Not Applicable GCC-74

115. Sale of Tangible Personal Property to Contractor or Subcontractor GCC-74

116. Acceptance and Final Payment GCC-77

117. Optional Termination GCC-78

118. Not Applicable GCC-79

119. Not Applicable GCC-79

120. Land for the Contractor's Use GCC-80

121. Drainage GCC-80

122. Minimum Noise GCC-81

SPECIAL CONTRACT CONDITIONS

1. Safety Procedures for Work within Manholes SCC-1

TECHNICAL SPECIFICATIONS - CONTRACT RFB-RC-SWR-SM2027-01

SECTION TITLE

Sect. 1 Sewer Cleaning, Televising and Sealing

Sect. 2 Manhole Sealing with Grout

Sect. 3 Manhole Internal Surface Waterproofing Treatment

Sect. 4 Internal Manhole Chimney Seals

Sect. 5 Miscellaneous Additional Work

LIST OF APPENDICES

Appendix A New York State Prevailing Wage Rates

Appendix B Manhole Inspection Report Form & CCTV Inspection Report

Form

Appendix C Grit Laboratory Analysis

NOTICE TO BIDDERS

COUNTY OF ROCKLAND

PURCHASING

BLDG. A, 6th FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

PHONE: 845-364-3870 / FAX: 845-364-3809

2027 Sewer System Maintenance Project RFB-RC-SWR-SM2027-01

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed bids for the 2027 Sewer System Maintenance Project will be received by the County of Rockland Director of Purchasing on behalf of the Rockland County Sewer District No. 1 for the following contract:

Contract RFB-RC-SWR-SM2027-01

Bids will be received on October 29, 2026 until 3:00 PM, Local Time, at the Rockland County Purchasing Division located at 50 Sanatorium Road, Bldg. A, 6th Floor, Pomona, NY 10970, at which time they will be publicly opened and read. These bids will be for the furnishing of all tools, equipment, materials and labor for all contracts, all complete, in place, tested and ready for use.

TERMS: ONE TIME

BID DELIVERY: AS SPECIFIED

IMPORTANT NOTICE - Bid Distribution:

The County of Rockland officially distributes Bidding Documents through the Empire State Purchasing Group's Bid Notification System. Copies of Bidding Documents obtained from any other source are not considered official copies. Only those vendors who obtain Bidding Documents from the Empire State Purchasing Group's Bid Notification System are guaranteed to receive addendum information, if such information is issued. Vendors interested in participating in this Bid may download a copy from:

www.bidnetdirect.com. If you have obtained these documents from a source other than through the Rockland County Purchasing Division's website or the Empire State Regional Bid Notification System, it is recommended that you obtain an official copy.

Any bids not delivered in person shall be mailed to the Department of General Services – Purchasing Division, 50 Sanatorium Road, Building A, 6th Floor, Pomona, NY, 10970. All bids shall be submitted in sealed envelopes and shall be plainly marked on the outside with the statement “Bid Documents Enclosed” and with the contractor’s name and the title of the bid. The work for which bids are invited consists of furnishing and constructing is generally described as follows:

1. Sanitary Sewer Pipeline Cleaning and Televising, Joint Testing and Sealing.

2. Sewer Manhole Inspections.

3. Pre-cast Manhole Sealing.

4. Internal Manhole Chimney Seals.

5. Miscellaneous Additional Work

The work is in the Towns of Ramapo and Clarkstown, Rockland County, NY.

There will be a pre-bid meeting at the offices of the Board of Commissioners, Rockland County Sewer District No. 1, 4 Route 340, Orangeburg, NY at 10:00 am on September 30, 2026.

Bidders on this work will be required to comply with the New York State Department of Labor (NYSDOL) under Labor Law Section 200-i. Starting December 30, 2024, all Contractors and Subcontractors submitting bids or performing construction work on public work projects covered by Article 8 of the Labor Law are required to register with NYSDOL. The requirements for Public Work Contractor and Subcontractor Registration are explained in the Instructions for Bidders, Article 37.

NOTICE TO BIDDERS-1

http://www.bidnetdirect.com/

NOTICE TO BIDDERS-2

COUNTY OF ROCKLAND

PURCHASING

BLDG. A, 6th FLOOR, 50 SANATORIUM RD, POMONA, NY 10970

PHONE: 845-364-3870 / FAX: 845-364-3809

2027 Sewer System Maintenance Project RFB-RC-SWR-SM2027-01

Bidders on this work will be required to comply with the President's Executive Order No. 11246 and 11375, and the Affirmative Action Program for Rockland County. The requirements for bidders and Contractors which concern non-discrimination are explained in the bid documents.

The attention of bidders is directed to the applicable Federal and State requirements, conditions of employment to be observed and minimum wage rates required to be paid under the contract.

Rockland County Sewer District No. 1 is an exempt organization under the Tax Law and is exempt from payment of Sales and Compensating Use Taxes of the State of NY and cities and counties of the State on all materials which are to be incorporated into the project and which are to be separately sold by the Contractor to the Owner prior to incorporation into the project, pursuant to the provisions of the Contract. These taxes are not to be included in the bid.

The proposal of each bidder shall contain the certification as to non-collusive bidding as set forth in Section 103-d of the General Municipal Law included in the Specifications. This requirement must be strictly complied with. Filing of the Affidavit of Disclosure is mandatory when submitting your bid for this project.

Each proposal must be accompanied by a certified check for a sum equal to five percent (5%) of the amount of the bid, payable to Rockland County Sewer District No. 1, or a bond with sufficient sureties to be approved by the attorneys for the Agency, in a sum equal to five percent (5%) of the amount of the bid, conditioned that if his proposal is accepted, he will enter into a contract for the same, and that he will execute such further security as may be required for the faithful performance of the Contract as set forth in these Contract Documents.

The contract shall be completed within Two Hundred Ten (210) consecutive calendar days from the date of Notice to Proceed. Such time of completion is of the essence for this contract.

A Performance and Payment Bond by a company satisfactory to the Owner and each in an amount of not less than 100 percent (100%) of the contract price will be required of the successful bidder.

All bidders for each Contract are required to visit the site and verify the status of the existing structures with regards to but not limited to locations, access, traffic, etc. prior to bidding.

No bidder may withdraw his Bid before forty-five (45) days after the date set for opening thereof but may withdraw same any time up to scheduled time for opening of bids. The Rockland County Sewer District No.

1 reserves the right to request extensions to the bid validity period to obtain Legislative approval of contract.

QUESTIONS:

All questions must be submitted in writing via email to the address noted below. The solicitation number must be included in the subject line of the email communication.

Deadline for receipt of questions is October 22, 2026 12:00 PM Local Time Purchasing@co.rockland.ny.us

Attention: Mr. Paul Brennan, Director of Purchasing mailto:Purchasing@co.rockland.ny.us

INSTRUCTIONS TO BIDDERS

ITB-1

INSTRUCTIONS FOR BIDDERS

1. DEFINITIONS

Whenever the following words and expressions are used in these specifications, it is understood that they have the meanings given below:

Owner - Rockland County Sewer District No. 1 as represented by its Board of Commissioners or its duly authorized representatives.

Engineer – The term “Engineer” means the Rockland County Sewer

District No. 1 Engineering Office, or its duly authorized representative.

Bidder - Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Contractor - Party of the second part to the contract, acting directly or through his agents or employees. On the various bonds, the Contractor is also called the Principal.

Contract Documents - Means this contract and shall include the advertisement, Notice to Bidders, Instructions to Bidders, Bid, Contract, Contract Bonds, General Contract Conditions, Special Contract Conditions, Technical Specifications, Plans or

Drawings, Appendices, Attachments, Addenda, notice of award, notice to proceed, all change orders issued after the execution of the contract, and any and all other writings necessary to complete the project as discussed in Article GCC-15.

Work - The term "work" is used to designate the equipment, materials and things required to be done, furnished or performed by the Contractor under the Contract Documents attached hereto.

Bid or Proposal - The approved, prepared form that the Bidder completes and submits its proposal for the work contemplated. Upon award of the contract by the Owner, the Bid or Proposal shall become part of the Contract Documents.

Surety - The corporate body which is bound with and for the

Contractor and which engages to be responsible for his acceptable performance of the work for which he has contracted.

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Performance Bond - The approved form of security furnished by

Contractor and his surety as a guarantee of the completion of the project.

Contract Bonds - Shall include Bid Bond, Performance Bond, Labor and Materials Payment Bond, and any other bond required to complete this project.

Bid Bond - The security to be furnished by the bidder as guarantee of his ability to procure the minimum equipment and liquid assets specified and that he will enter into a contract with the "Owner" for the performance of the work, if the work involved in the proposal is awarded to him.

Labor and Materials Payment Bond - The approved form of security furnished by the Contractor and his surety as a guarantee of the payment of all employees and materialmen.

Site - The area or areas which are the location(s) for the performance of the work.

Plans or Drawings - The contract and working drawings as specifically defined in the General Contract Conditions of this contract.

Specifications - The body of directions, requirements, etc., contained in this document, together with all documents of any description and agreements made (or to be made), pertaining to the methods, (or manner) of performing the work, or the quantities and quality (as shown by test records) of accepted materials to be furnished under this contract. Specifications shall also include the advertisement, Notice to Bidders, Instructions to Bidders, Bid, Contract, Contract Bonds, General Contract Conditions, Special Contract Conditions, Technical Specifications, Appendices, Attachments, Addenda, notice of award, notice to proceed, all change orders issued after the execution of the contract and any and all other writings necessary to complete the Project, as discussed in Article GCC-15.

Contract - The agreement covering the performance of the work and the furnishing of materials in the construction of the project.

It shall include the advertisement, Notice to Bidders, Instructions to Bidders, Bid, Contract, Contract Bonds, General

Contract Conditions, Special Contract Conditions, Technical

Specifications, Plans or Drawings, Appendices, Attachments, Addenda, notice of award, notice to proceed, all change orders issued after the execution of the contract and any and all other

ITB-3

writings necessary to complete the Project, as discussed in Article

GCC-15.

Material - Any approved material acceptable to the Engineer and conforming to the requirements of the specifications. All processes and materials shall at all times be open to inspection and testing by the Engineer and his authorized representatives.

Project - The improvement set forth in the plans and specifications and all additions thereto.

Completion - The word 'completion' shall mean full and exact compliance and conformity with the provisions and requirements expressed or implied in the specifications and the plans, accompanying and forming a part of the same, including all amendments, revisions, corrections or additions, duly authorized.

Subcontractor - An individual, firm or corporation having a direct contract with the Contractor or with any other Sub-contractor for performance of a part of the work of this project.

2. PREPARATION AND SUBMISSION OF BIDS

Proposals shall be enclosed in a sealed opaque envelope plainly marked with the title of the work and the contract number and name and address of the Bidder on the outside. NO PROPOSAL will be considered unless filed on or before the time and at the place designated in the NOTICE TO BIDDERS. When sent by mail, preferably registered, the sealed proposal, marked as above, should be enclosed in an additional envelope similarly marked and addressed to the person stipulated in the Notice to Bidders.

Proposals received prior to the time of opening will be securely kept unopened. Proposals received thereafter will be returned unopened.

Bids shall be submitted on the Proposal Form furnished with the contract documents. All blank spaces for bid prices shall be properly filled in, in ink, or typed, in both words and figures.

In case of any price shown in words and its equivalent shown in figures do not agree, the written word shall be binding on the

Bidder.

Bidders shall submit with their proposal the bidding certification required by Section l03-d of the General Municipal

Law of the State of New York. A copy of the certification form is contained in the Contract Documents.

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Bidders shall submit with their bids the Affidavit of

Disclosure of political contributions required by Section 3 of

Local Law l0 of l974. A copy of the form of such Affidavit is provided with the Proposal form.

3. BID SECURITY

Each Bid must be accompanied by a certified check or a cashier's check drawn on a bank in good standing, payable to the order of the Rockland County Sewer District No. 1, in a sum equal to five percent (5%) of the amount Bid, or a Bid Bond, in the amount of five percent (5%) of the amount bid, on the form provided in the Contract Documents issued by a Surety authorized to issue such bonds in the State of New York. This Bid Security shall be a guarantee that the Bidder will, upon acceptance of the Bid, execute the Contract and furnish a properly executed Performance

Bond and Payment Bond, each for one hundred percent (l00%) of the

Contract Price, within the time specified. The Attorney-in-Fact

(Resident Agent) who executes the Bid Bond on behalf of the Surety must attach a notarized copy of his Power of Attorney as evidence of his authority to bind the Surety on the date of execution of the bond.

If the successful Bidder fails to timely submit all additional information requested by Owner, or if the successful Bidder fails to timely and properly submit all required Bonds, certificates and policies of insurance, or if the successful Bidder fails to timely and properly execute the Contract, the Contractor’s Certification and all other required documentation related to the Contract, it will be difficult and impracticable to ascertain and determine the amount of damage that Owner will sustain by reason of any such failure. For such reason, every Bidder shall, by submitting its

Bid, be deemed to agree that Owner shall have the right, at its option in the event of any such default, to retain or recover as reasonably estimated liquidated damages, and not as a penalty, the entire amount of the Bid Security or ten percent of the Bid, whichever is greater, or to exercise any and all equitable remedies it may have against the defaulting Bidder.

4. RETURN OF BID SECURITY

Within ten (l0) days after the opening of Bids, the Owner will return the bid securities of all except the three (3) lowest formal bidders. The retained bid securities will be held until the Contract has been fully executed, after which all bid securities, other than Bid bonds or any other securities which may have been forfeited, will be returned within ten (l0) days to the respective Bidders whose Bids they accompanied.

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5. INTERPRETATION OF THE PROPOSAL AND THE CONTRACT

A. Defined Terms. All terms capitalized in these General

Instructions to Bidders and in the other Bid documents are defined in the Proposal and the Contract and shall have such defined meanings wherever used.

B. Implied Terms. If any workmanship, equipment, materials, or supplies that are not directly or indirectly set forth in the

Contract are nevertheless necessary to the proper provision, performance, and completion of the whole of the Work in accordance with the intent of the Contract, each prospective Bidder shall understand such workmanship, equipment, materials, or supplies to be implied and shall provide for such workmanship, equipment, materials, or supplies in its Bid as fully as if it were particularly described.

C. Addenda. No interpretation of the Proposal or the Contract will be made except by written addendum duly issued by Engineer or

Owner. No interpretation not contained in an addendum shall be valid or have any force or effect whatever. All addenda issued prior to the opening of the Bids shall become a part of the Bid or the Contract, as the case may be. Each prospective Bidder shall be responsible for inquiring from time to time as to the availability of addenda. If any prospective Bidder is in doubt as to the true meaning of any part of the Bid documents or the Contract, such prospective Bidder shall submit to the Engineer by certified mail, with copy to Owner, a written request for an interpretation thereof as far in advance of the scheduled opening of the Bids as possible.

Notwithstanding the foregoing, all Bidder requests for clarification or interpretation must be received by the Engineer not less than six (6) days prior to the date fixed for the opening of Bids. All requests for clarification or interpretation must be submitted electronically to Purchasing@co.rockland.ny.us.

Owner shall use its best efforts to issue Addenda in response to all valid, appropriate, and timely inquiries, but accepts no responsibility for doing so. Inquiries not answered by addenda shall be considered invalid, inappropriate, or untimely inquiries.

D. Informal Responses. Neither Owner nor Engineer shall give oral answers or instructions in response to any inquiries received prior to the award of the Contract regarding the meaning of the

Proposal or the Contract nor any oral indication as to the validity of any such inquiry. Any such oral answer, instruction or indication shall not be binding, shall be deemed to be unauthorized and given informally for the convenience of the Bidder making the inquiry, shall not be guaranteed, and shall not be relied upon by mailto:Purchasing@co.rockland.ny.us

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any prospective Bidder. By submitting a Bid, each Bidder shall be deemed to have agreed that such information has not been used as a basis of its Bid and that the giving of any such information does not entitle such Bidder to assert any claim or demand against

Owner or Engineer on account thereof.

E. Acknowledgement. Prior to the submission of the Proposal, each Bidder shall ascertain that he has received all addenda issued. The Bidder shall acknowledge receipt of addenda by completing the acknowledgement space provided on the Proposal form.

6. EXAMINATION OF BID DOCUMENTS, CONTRACT, AND WORK SITE

A. Bid Documents and the Contract. Each prospective Bidder shall, before submitting its Bid, carefully examine the Bid documents and the Contract as defined in the Invitation for Bids and included in this Bid package. The Contract contains provisions applicable not only to the successful Bidder but also to all of its Subcontractors and suppliers. In making copies of the Bid documents and the Contract available to prospective Bidders, Owner and Engineer do so only for the purpose of obtaining Bids and such provision does not confer a license or grant for any other use.

B. Work and Work Site Conditions. Each prospective Bidder shall, before submitting its Bid, personally inform itself, by on-site inspection and investigation and by such other appropriate and lawful means as it may wish, of all conditions under which the

Work is to be performed; of the obstacles, unusual conditions or difficulties that may be encountered, whether or not referred to in the Bid documents or the Contract; and of all other relevant matters concerning the Work Site and the surrounding area, including subsurface, underground and other concealed conditions.

The Bidder also acknowledges that it has satisfied itself as to the character and quality of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Owner, as well as from the Bid documents. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the

Owner. Any prospective Bidder desiring to make borings, explorations or observations to determine conditions at or around the Work Site shall obtain permission from Owner or from any other property owner, as appropriate, prior to commencement of any such activity.

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C. Quantities. Each prospective Bidder shall, before submitting its Bid, satisfy itself, by personal inspection and investigation of the Work Site or by such other appropriate and lawful means as it may wish, as to the correctness of any quantities listed in the Bidding Documents.

D. Equipment, Materials, and Supplies. Each Bidder shall base its Bid on new, undamaged, first-quality equipment, materials, and supplies complying fully with the Contract, and in the event any Bidder names or includes in its Bid equipment, materials, or supplies that do not conform, such Bidder shall, if awarded the Contract, be responsible for furnishing equipment, materials, and supplies that fully conform to the Contract at no increase in the Proposal.

E. Information Provided by Owner. When information pertaining to subsurface, underground or other concealed conditions, soils analysis, borings, test pits, utility locations or conditions, buried structures, condition of existing structures and other preliminary investigations is distributed with the Bid documents or the Contract, or such information is otherwise made available to any prospective Bidder by Owner, such information is distributed or made available solely for the convenience of such prospective Bidder and is not part of the Bid documents or the

Contract. Owner assumes no responsibility whatever in respect to the sufficiency or accuracy of any such information, and there is no guaranty or warranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work or the Site, or that the conditions indicated are representative of those existing at any particular location, or that unanticipated conditions may not be present.

F. Representation and Warranty of Bidder. Each Bidder submitting a Bid expressly thereby represents and warrants that it has had an adequate period of time to conduct, and has conducted, the independent examinations, inspections and investigations required by these Instructions to Bidders.

G. Remedies for Failure to Comply. The successful Bidder will be responsible for all errors in its Bid resulting from such

Bidder’s failure or neglect to comply with these Instructions to

Bidders. The successful Bidder will not be allowed any extra compensation or any extension of time by reason of any such errors or by reason of any matters or things concerning which such Bidder failed or neglected to inform itself prior to submitting its Bid, and the successful Bidder shall bear all damages and costs associated therewith, arising therefrom, or resulting from matters or conditions first discovered during the progress of the Work, ITB-8 including, but not limited to, damages or costs resulting from, arising out of, or in any way related to increases in time-related costs; increases in costs of labor, equipment, materials, or supplies; costs of additional personnel; costs of additional equipment; costs of additional premium time for personnel or equipment; increase in costs for bond or insurance premiums; lower labor productivity; lost profits or alternative income; effects on other contracts; and costs of demobilization and remobilization.

7. MODIFICATION OF PROPOSALS

Any Bidder may modify his bid by written or telegraphic communication provided such communication is received by the Owner prior to the scheduled closing time for receipt of Bids. The communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the original bid is opened.

8. WITHDRAWAL OF BIDS

A Bid may be withdrawn prior to the scheduled time for the opening of bids by written request or in person. No bid may be withdrawn after the time scheduled for bid opening unless the one forty-five (45) days specified in the Article "Notice of Award of the Contract" of these INSTRUCTIONS TO BIDDERS shall have elapsed.

The Rockland County Sewer District No.1 reserves the right to request extensions to the bid validity period to obtain Legislative approval of contract.

9. PERMITS AND LICENSES

Pursuant to Section 68 of the General Conditions and except as otherwise expressly provided in the Special Contract Conditions included in this Bid package, the Bid shall include the cost of obtaining all permits, licenses, and other approvals and authorizations required by law for performance of the Work. It shall be the sole responsibility of each prospective Bidder to determine the applicable permits, licenses, and other approvals and authorizations and no extra compensation shall be paid by Owner for the successful Bidder’s failure to include these costs in its

Bid. The successful Bidder shall be required to display all permits, licenses and other approvals and authorizations as required by law.

In accordance with County of Rockland Local Law No. 11 of

1967, entitled Licensing of Electricians and all subsequent amendments, and Local Law No. 17 of 1974, as amended by Local Law

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No. 10 of 2007, entitled Licensing of Plumbers, HVAC and

Refrigeration, and all subsequent amendments, a Contractor shall possess a valid County of Rockland license for the trade required for the work as of the date of the opening of the Bids.

10. STATEMENT OF BIDDER'S QUALIFICATIONS

When requested by the Owner, each Bidder shall submit a statement of the Bidder's Qualifications, his construction experience and his organization and equipment available for the work contemplated; and when specifically requested by the Owner, the apparent low bidder shall submit a detailed financial and ownership statement and such additional data as the Owner deems necessary to demonstrate the low bidder's responsibility.

11. POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

12. FEDERAL LAWS, STATE LAWS AND REGULATIONS

The Bidder's attention is directed to the fact that all applicable laws, ordinances, rules and regulations of all authorities having jurisdiction over construction work in the locality of the project, shall apply to the Contract throughout and they are deemed to be included herein the same as though herein written out in full.

13. SUBCONTRACTOR

A. Bidders are advised that the lowest responsible bidder will be required, upon request of the Owner, and within three (3) days of such request to submit a list of subcontractors proposed for the performance of the work. Alternate subcontractors may be included in the list, provided that the use of such alternate subcontractors approved by the Owner shall not result in any change in the contract prices stated in the Proposal.

B. If requested by the Engineer, he shall also furnish a statement as to the subcontractor's experience, financial ability or other qualifications for properly performing the work proposed to be subcontracted.

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14. DEBARMENTS, SUSPENSIONS AND VOLUNTARY EXCLUSIONS

The award of contracts or subcontractors is specifically forbidden to any firm or individual listed in the Federal

Government-wide System for Awards Management (SAM). SAM is the electronic version of the Lists of Parties Excluded From Federal

Procurement and Non-Procurement Programs, which identifies those parties excluded throughout the U.S. Government (unless otherwise noted) from receiving federal contracts or certain subcontracts.

The internet must be used to obtain this information at www.sam.gov.

15. SIGNATURE REQUIREMENTS

A. Bids. The following requirements shall be observed in the signing of each Bid:

1. Corporations. Each Bid submitted by a corporation shall be signed by a managing member or other authorized officer of the corporation and shall also be notarized.

2. Partnerships. Each Bid submitted by a partnership shall be signed by all of its general partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney executed by all of the general partners of such partnership evidencing authority of such attorney-in-fact to sign the Bid.

3. Individuals. Each Bid submitted by an individual shall be signed by such individual or by an attorney-in-fact.

If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney executed by such individual evidencing the authority of such attorney-in-fact to sign the proposal.

4. Joint Ventures. Each Bid submitted by a joint venture shall be signed by each signatory of the joint venture agreement by which such joint venture was formed in accordance with the applicable provisions of (1), (2), and (3) above or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney executed by each signatory to the joint venture agreement evidencing the authority of such attorney-in-fact to sign the proposal.

Any Bid that fails to comply with this instruction may be rejected, or, if not rejected, Owner may demand correction thereof http://www.sam.gov/

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and award the Contract to Bidder upon satisfactory compliance with this Instruction.

B. Other Documents. The signature requirements set forth in

Section 15.A shall apply to all other documents in the Bid package required to be executed by Bidder, Bidder’s sureties and Bidder’s insurance representatives as well as to the Contract, the

"contractor’s release form," "certificate of substantial completion," "certificate of final completion" and all other required documentation related to the Contract. Any Bid that fails to comply with this instruction may be rejected, or, if not rejected, Owner may demand correction thereof and award the

Contract to Bidder upon satisfactory compliance with this instruction.

16. NOTICE OF AWARD OF THE CONTRACT

A. Within forty-five (45) days after the opening of Bids, unless otherwise stated in the NOTICE TO BIDDERS, SECTION 18 entitled "Execution of Contract", INSTRUCTIONS TO BIDDERS or

SPECIAL CONDITIONS, Notice of Award OF the Contract will be made to the lowest, responsive, responsible Bidder.

B. In order to be considered responsive, a Bid must:

1. Conform in all respects to the conditions in the

Invitation to Bid and these Instructions to Bidders;

2. Conform in all respects to the requirements in all

Attachments contained in the Contract Documents;

C. In order to be considered responsible, a Bidder must establish to the complete satisfaction of the Owner as a minimum that he has:

1. Adequate financial resources to meet his Contract obligations and maintain them for the Contract period;

2. Adequate equipment to perform the work properly and within the time prescribed in the Contract;

3. The necessary experience and technical qualifications in the type of work provided for in the Contract.

D. The Owner reserves the right to reject all Bids, or any bid not in compliance with the Contract Documents, and to waive any informalities in Bids received.

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17. DISQUALIFICATION OF BIDDERS

A. More Than One Bid. No more than one Bid for the Work described in the Contract shall be considered from any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture. Reasonable grounds for believing that any corporation, partnership, individual or joint venture is interested, as a principal, in more than one Bid for the Work may cause the rejection of all Bids in which such corporation, partnership, individual or joint venture is interested. Nothing contained in this Section 17.A shall prohibit any single corporation, partnership, individual or joint venture, whether under the same or different names and whether or not in conjunction with any other corporation, partnership, individual or joint venture, from submitting a bid or quoting prices to more than one Bidder for equipment, materials and supplies or labor to be furnished as a

Subcontractor or supplier.

B. Collusion. If there are reasonable grounds for believing that collusion exists among any Bidders, all Bids of the participants in such collusion will not be considered.

C. Default. If a Bidder is or has been in default on a contract with Owner or in the payment of monies due Owner, its Bid will not be considered.

D. Deficiencies. Owner expressly reserves the right in its sole and absolute discretion to disqualify any Bidder that:

1. submits a Bid that does not contain a lump sum or unit price for each pay item requested;

2. submits a Bid on a form other than the Bid form included in the Bid documents or alters such form or detaches any part of such form from this bound Bid package;

3. submits a Bid that contains omissions, alterations, unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the

Bid incomplete, indefinite or ambiguous as to its meaning, including, but not limited to, conditional surety and insurance commitment letters;

4. submits an unsigned or improperly signed Bid;

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5. submits a Bid containing any provision reserving the right to accept or reject an award or to enter into a

Contract pursuant to award; or

6. submits a Bid that is not prepared in ink.

If the deficient Bidder is not disqualified, Owner may demand correction of any deficiency and award the Contract to Bidder upon satisfactory compliance with these Instructions to Bidders.

E. Litigation or Arbitration. If Owner is in litigation, mediation or arbitration with Bidder for any reason, Owner shall have the right to reject that Bid.

18. EXECUTION OF CONTRACT

A. The successful Bidder shall, within ten (10) calendar days after receiving Notice of Award of the Contract, sign and deliver to the Owner, the Contract hereto attached properly together with the Performance and Payment Bonds, each in the amount of 100% of the Contract price, and in the form required by these

Contract Documents, (or such other form as may be approved by the

Owner) of a Surety holding a certificate of authority issued pursuant to 31CFR223 from the Secretary of the Treasury of the

United States as an acceptable surety authorized to do business in the State of New York. Where such bond is signed by an Attorney-in-fact, it must be accompanied by a certified copy of his power of attorney to sign such bond. The performance and payment bonds must remain in effect for one year after final acceptance.

B. The Bidder who has the Contract awarded to him and who fails to execute the Contract or fails to furnish the Performance

Bond and Payment Bond shall, jointly with its Surety, be liable to the Owner for the full penal sum of the bid security plus all costs, interests and attorney's fees in connection with securing payment thereof.

C. After the requirements of paragraphs 'A' and 'B' have been met, RCSD No. 1 will review the contracts and all pertinent documents and then execute the contract. For proper execution of the contract, the contract must be duly signed by both the Owner and the Contractor. The Owner will then issue the Notice to

Proceed within fourteen (14) days of said formal execution. The

Contractor shall commence the work embraced in this contract within ten (10) calendar days after the date specified in the order of the Owner instructing him to begin work. Certificates of Insurance shall be furnished to the Owner as required in the GENERAL

CONDITIONS prior to Contractor's commencing work.

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19. CONTRACT EXECUTORY

This contract shall be deemed executory only to the extent of monies appropriated in the Rockland County Sewer District No. 1 budget and available for the purpose of the contract, and no liability on account thereof shall be incurred by the Owner beyond the amount of such monies. The contract is not a general obligation of the Owner. Neither the full faith and credit nor the taxing power of the Owner are pledged to the payment of any amount due or to become due under such contract. It is understood that neither this contract nor any representation by Owner’s employee or officer creates any obligation to appropriate or make monies available for the purpose of the contract.

20. NON-DISCRIMINATION IN EMPLOYMENT

The Contractor will abide by the pertinent provisions of

Sections 291-299 of the Executive Law and of the Civil Rights Law of the State of New York relating to unlawful discriminatory practices insofar as they may apply to this Agreement.

Wherever applicable, the Contractor agrees to comply with the provisions of the Americans With Disabilities Act of 1990 (ADA) prohibiting discrimination on the basis of disability with regard to employment policies and procedures, structural and program accessibility, transportation, and telecommunications.

Contracts for work under this Proposal will obligate the contractors and subcontractors not to discriminate in employment practices.

Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract.

Successful bidders must, if requested, submit with the list of all subcontractors who will perform work on the project, written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment and equal treatment of employees seeking employment and performing work under the contract, or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the contract.

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Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the

President's Executive Orders Nos. l0925, 11114, 11246 and 11375.

Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the contract.

Successful bidders must, if requested, submit written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools' practices and policies are in conformity with the Executive Orders

Nos. 11246 and 11375.

ANTI-DISCRIMINATION CLAUSES REQUIRED BY THE BOARD OF

COMMISSIONERS, ROCKLAND COUNTY SEWER DISTRICT NO. l

a) The Contractor and the Board of Commissioners agree as follows:

1. That in the hiring of employees for the performance of the work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor shall by reason of race, creed, color or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates;

2. That no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color or national origin;

3. That this contract may be cancelled or terminated by the

Board of Commissioners and all moneys due or to become due may be forfeited for any violation of the terms or conditions of this section of this contract and the person or persons discriminated against or intimidated in violation of the provisions hereof shall be entitled to a sum equal to their loss in wages as a result of such discrimination or intimidation;

4. That the contractor shall be held responsible hereunder for the discriminatory practices and discriminatory methods used in securing and hiring personnel employed

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under this contract and the racial composition of such personnel;

5. That for the purpose of this section, the Contractor shall keep records for the inspection by the Board as to the source of such hired personnel employed under this contract and the racial composition of such personnel;

6. The Contractor hereby agrees to abide by any regulations not inconsistent with this agreement promulgated by the

Legislature of Rockland County by either law or resolution, or promulgated by resolution of the Board of

Commissioners of Rockland County Sewer District No. l.

This shall include, but not be limited to, filing of disclosure statements and affirmative action plans.

21. NOT APPLICABLE

22. PRE-WORK CONFERENCE

Prior to commencing work on this project, the Owner shall call a conference to be attended by the Contractor and the Owner, the Engineer and representatives of the Regional Office of the New

York State Department of Environmental Conservation, if required.

A plan shall be initiated at this conference regarding the prosecution of the work and required action to comply with requirements of agencies having jurisdiction.

23. EXEMPTION FROM SALES AND COMPENSATING USE TAXES

A. Reference NYS Tax Law, Article 28, Part III.

B. This section relates to exemptions from sales and use taxes for certain property sold to Contractors, subcontractors and repairmen (hereinafter "Contractors") to be used to construct or repair real property for exempt organizations.

C. The net effect of the amendment is that contractors are still, in general, subject to sales tax when they purchase…