BR2377 Simmons Road Culvert Replacement PIN275483_specbook.pdf

SPECIFICATIONS

FOR

P.I.N. 2754.83

COUNTY BID NO. 2377

REPLACEMENT OF SIMMONS ROAD CULVERT

ONEIDA COUNTY DEPARTMENT OF PUBLIC WORKS

JEFFREY QUACKENBUSH, ONEIDA COUNTY COMMISSIONER

ONEIDA COUNTY

JULY 2026

PREPARED BY:

21 Corporate Drive Clifton Park, NY 12065

PIN 2754.83 Replacement of Simmons Road Culvert i

TABLE OF CONTENTS

I. GENERAL BID INFORMATION

A. Invitation to Bidders ................................................................................................ I-1

B. Instruction to Bidders ............................................................................................... I-3

1.) General Note ................................................................................................... I-3

2.) Definition of Terms......................................................................................... I-3

3.) Change of Letting Date ................................................................................... I-5

4.) Qualification of Bidders .................................................................................. I-6

5.) Delivery of Proposals ...................................................................................... I-6

6.) Notice of Special Conditions .......................................................................... I-6

7.) Specialty Items ................................................................................................ I-6

8.) Disqualification of Bidders ............................................................................. I-7

9.) Award and Execution of Contract ................................................................... I-7

10.) Scope of Work ................................................................................................ I-8

11.) Control of Work .............................................................................................. I-9

12.) Control of Materials ........................................................................................ I-10

13.) Subcontractors, Materialmen, and Laborers ................................................... I-11

14.) Responsibility of Damage Claims .................................................................. I-11

15.) No Waiver of Legal Rights ............................................................................. I-12

16.) Hold Harmless Clause..................................................................................... I-12

17.) Insurance ...................................................................................................... I-13

18.) Waiver of Subrogation .................................................................................... I-16

19.) Prosecution and Progress ................................................................................ I-17

20.) Measure and Payment ..................................................................................... I-18

II. SPECIAL NOTES

A. Description of Work ......................................................................................................II-1

B. Payment for Required Work ..........................................................................................II-1

C. Borings and Subsurface Data ........................................................................................II-1

D. Pre-Construction Conference ........................................................................................II-1

E. Power of Attorney ..........................................................................................................II-2

F. Laws and Regulations ....................................................................................................II-2

G. Non-collusive Bidding Certification .............................................................................II-2

H. Standard Sheets ..............................................................................................................II-2

I. Specifications: General .................................................................................................II-2

J. Survey and Stakeout ......................................................................................................II-3

K. Demolition of Existing Culvert Structure ......................................................................II-3

L. NYSDEC Limitations on Work ....................................................................................II-3

M. Special Conditions .........................................................................................................II-3

N. Inspection and Testing ...................................................................................................II-4

O. Payroll Records ..............................................................................................................II-4

P. Permits ...........................................................................................................................II-4

Q. Subcontracts ...................................................................................................................II-4

R. General Notes ................................................................................................................II-4 ii

S. Work Zone Traffic Control ............................................................................................II-5

T. Utilities ...........................................................................................................................II-5

U. Asphalt Prices ................................................................................................................II-5

Special Note – Asphalt Price Adjustment...............................................................................II-6

Special Note – Fuel Price Adjustment ....................................................................................II-8

Special Note – PG Binder and Mix Design Level ...............................................................II-10

Special Note – Right of Way Notes .......................................................................................II-11

Special Note –Supplemental Information to Bidders .............................................................II-12

III. SPECIFICATIONS

A. Specifications .................................................................................................................III-1

B. Definitions ......................................................................................................................III-1

C. Special Specifications ....................................................................................................III-2

IV. STATE REQUIREMENTS FOR PUBLIC WORK

A. Prevailing Wage Schedule .......................................................................Following IV-1

APPENDICES

Appendix A – Right of Way Information

Appendix B – Permits

Appendix C – Utility Agreements

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I. GENERAL BID INFORMATION

The Contractor’s attention is specifically called to Section 102-08 of the State of New York Department of Transportation, Office of Engineering, Standard Specifications, Construction and Materials (US Customary), which are current on the date of advertisement for bids.

A. INVITATION TO BIDDERS

Notice is hereby given that Oneida County will accept bids for:

PIN 2754.83, County Bid No. 2377, Simmons Road Culvert Replacement

Contract will be awarded based upon the lowest qualified bid.

The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work shown on the plans and described in these specifications including, but not necessarily limited to:

This project includes the complete replacement of the existing culvert under Simmons Road and replace with a box culvert. The project will include installation of the precast box culvert and precast wingwalls. In stream work to include a full realignment of the stream in addition to the necessary scour protection at the inlet and outlet of the box culvert.

This is a state funded project and NYSDOT Standard Specifications, officially finalized and adopted on May 1, 2026, as posted on the New York State Department of Transportation’s website must be followed by the successful bidder.

The WBE goal for this project is: 15% The MBE goal for this project is: 8% The SDVOB goal for this project is: 6%

There are no DBE goals for this project.

The EEO Employment goals for this project are: 2.1% Minority Employment Goal 6.9% Women Employment Goal

The use of the NYSDOT approved civil rights reporting software, Equitable Business Opportunities (EBO), is required. Access authorization to EBO can be found at https://ebo.dot.ny.gov/.

To obtain copies of the Contract Documents and become a Registered Plan Holder, bid documents will only be obtained from the Oneida County Purchasing Office, 800 Park Avenue, Utica, NY 13501, (315)798-5880, between the hours of 8:30 am and 4:30 pm. A refundable deposit of $100.00 will be required to obtain the bid documents. Contractors that obtain the Contract Documents from a source other than the issuing office must notify the issuing office in order to be placed on the official Registered Plan Holders list to receive Addenda and any other Bid correspondence. Bids received from Contractors other than those on the official Registered Plan Holders list will not be accepted. Contract Documents will be available starting on July 15, 2026.

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No questions or inquiries regarding this bid will be accepted within three (3) business days prior to the bid opening date. The last date for submitting questions will be Friday, July 31, 2026.

Questions regarding the Contract Documents should be directed to MJ’s Engineer Contact through email at deckert@mjteam.com. Bidders shall promptly notify MJ of any errors, omissions, conflicts, or ambiguity within the Contract Documents within three (3) business days of bid opening.

All bids must include the complete Bid Form. This is a unit price bid as described in the Instructions to Bidders. Each bidder must deposit with their bid, a bid security in the amount of not less than five percent (5%) of their bid, in the form and subject to the conditions provided in the Information to Bidders.

Simultaneously with their executed contract, the successful bidder must deliver to Oneida County an executed performance and completion bond in a form meeting the County's approval, in an amount not less than 100% of the accepted bid as security for the faithful performance and completion of this contract, and also a separate bond guaranteeing prompt payment of monies due to all persons supplying the contractors or subcontractors with labor and materials employed and used in carrying out the contract, and having as surety on the bonds such surety companies as are approved or acceptable to Oneida County.

The successful low bidder will have ten (10) calendar days to provide their complete MBE/DBE/SDVOB Participation package in accordance with §102-12.G.2 of the New York State Department of Transportation Standard Specifications. The time period is measured starting the day after the Letting. If the last day is a Saturday, Sunday, State holiday, or Federal holiday, the period is extended to the next day that State offices are open.

Oneida County, through the County’s Department of Public Works Office, reserves the right to reject any or all bids. All work shall be subject to equal opportunity in employment, State wage rates and all other requirements in accordance with applicable law.

No bidder may withdraw their bid within forty-five (45) days after the actual date of opening thereof. The attention of the bidder is particularly called to the requirements as to conditions of employment to be observed and minimum wages to be paid, in addition there are M/WBE and SDVOB goals for this project.

Bids to be considered must be received in a sealed envelope at the Oneida County Purchasing Office, 800 Park Avenue Utica, NY 13501 by 10:30 AM, local time, on Wednesday August 5, 2026, at which time they will be publicly opened and read aloud. Bids received after the above noted time will not be accepted.

Owner’s Contact Engineer’s Contact Jeff Dora Daniel Eckert, P.E.

Assistant Engineer Project Manager County of Oneida Department of Public Works

MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C.

(315) 793-6200 (518) 371-0799

I - 3 jdora@oneidacountyny.gov deckert@mjteam.com

B. INSTRUCTION TO BIDDERS

1. General Note

In general, the New York State Department of Transportation Office of Engineering Standard Specifications, Construction and Materials of the NYSDOT specifications, and all addenda in effect on the date of advertising for bids shall apply, except where modified in these specifications.

The Contractor should note that the Project Plans are dimensioned in English units only, and that all Payment Items will be measured and paid in Standard English units. Further direction is provided under SPECIAL NOTES. Where reference is made to New York State Department of Transportation, Commissioner, etc., the appropriate Oneida County official shall be substituted.

Except as modified herein, the latest edition of the Standard Specifications, Construction and Materials (Section 100 and Section 200-700) issued by the New York State Department of Transportation, Office of Engineering, including all revisions and addenda issued by NYSDOT prior to the date the Notice to bidders is advertised, hereinafter referred to as the NYSDOT Standard Specifications, shall govern the work to be done where referred to on the plans and in these specifications. If a conflict exists between the NYSDOT Standard Specifications and these Contract Documents, the Contract Documents shall govern.

For Convict Labor, see Section 102-10 in the latest edition of the Standard Specifications issued by NYSDOT. For changed Conditions & Dispute Provisions, see Sections 104, 105 and 108. For Buy America, see Section 106-11.

Except as otherwise described in the Contract Documents, neither the State of New York nor the NYSDOT are parties to this agreement.

Oneida County or its authorized representative shall make the final interpretations of any irregularities, ambiguities or questions arising out of these specifications and the New York State Department of Transportation Standard Specifications, Construction and Materials used on this project.

Under this contract the newest New York State Department of Transportation Office of Engineering Standard Specifications, Construction and Materials and addenda are amended as follows:

References to the County’s representative and County personnel shall hereinafter be made as the "Engineer".

2. Definition of Terms

The Definitions and Terms under Section 101-02 of the NYSDOT Standard Specifications are hereby modified.

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2.1 Chief Engineer. Delete the stated definition. This term where used in the specifications or contract documents shall mean "Oneida County " or their authorized representative.

2.2 Commissioner. Delete the stated definition. This term where used in the specifications or contract documents shall mean "Oneida County ".

2.3 Comptroller. Delete the stated definition. This term where used in the specifications or contract documents shall mean "Oneida County ".

2.4 Department. Delete the stated definition. This term where used in the specifications or contract documents shall mean "Oneida County ” and may also be used to mean the "Oneida County " or their authorized representative.

2.5 Departmental Geotechnical Engineer. Delete the stated definition. The "Oneida County ” authorized representative shall be responsible and is in charge of all engineering and construction work on this contract.

2.6 Departmental Engineering Geologist. Delete the stated definition and substitute the same definition as above for Note 2.5.

2.7 Engineer or Engineer-In-Charge. Delete the words "Department of Transportation" and substitute "Oneida County ". Also delete the words "Regional Director" and substitute "Oneida County Engineer".

2.8 Final Agreement. Delete "State of New York, Department of Transportation" and substitute

"Oneida County ".

2.9 Inspector. Delete "The Department of Transportation" and substitute "The authorized representative of “Oneida County ".

2.10 Materials Bureau. Delete the word “Bureau” and the stated definition and substitute “Oneida

County has the responsibility in the quality assurance for materials to be used on the contract”.

2.11 Regional Director. Delete the stated definition and substitute: "When used, means the Oneida

County Engineer".

2.12. State. Delete the stated definition and substitute: “When used, means Oneida County ".

Under Section 102 - Bidding Requirements and Conditions

2.13 Subsection 102-01, Location of Regional Offices. Delete entire subsection -- not applicable.

2.14 Subsection 102-07, Bid Deposit. Delete the words “State of New York, Department of

Transportation” and substitute “Oneida County Purchasing Department, Oneida County ”.

Under subsequent sections of this document:

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2.15 The term "Owner" means Oneida County .

2.16 The term "Engineer" means MJ Engineering, Architecture, Landscape Architecture, and

Land Surveying, P.C. and or any duly authorized representative of these firms.

2.17 The term "Bidder" shall mean any party or parties submitting in proper form a Proposal to perform the work specified hereinafter.

2.18 The term "Contractor" shall mean the successful Bidder selected by the Owner to contract to perform the work - or their heirs, executors, successors, administrators or assigns.

2.19 The term "Work" is used to designate the work, equipment, materials and things required to be done, furnished or performed by the Contractor under the Specifications attached hereafter.

2.20 Where the NYSDOT is mentioned in any capacity (including, but not limited to, Department, State, Commissioner of Transportation, DOT, DCES or Directors(s) of its subdivisions) as an approving authority with regard to materials, fabrication or other approvals, the approving authority shall be changed to the Owner. This change shall be made in all of the documents relating to this contract.

2.21 Specific modifications to technical aspects of the NYSDOT Standard Specifications are noted on the contract plans, special specifications, and/or in the Special Notes.

2.22 In the Materials subheadings of the Technical Specifications of the contract documents and the latest edition of the NYSDOT Standard Specifications, the following shall apply:

Any references to materials testing by the Department or its representative shall be interpreted to mean by the Contractor, the Owner or its representative, as referenced in Section 106-02 – Quality Requirements. This interpretation also applies to any testing or sampling to be obtained in the presence of a Department representative.

2.23 Any reference to NYSDOT Standard Specifications is limited in scope to technical engineering and construction work, materials, details, procedures, etc. All references to the State or the NYSDOT or administrative officers or employees thereof are null and void with respect to legal or contractual responsibilities.

2.24 The terms Engineer and Owner shall have their respective meanings as defined in Article 1 of the General Conditions.

3. Change of Letting Date

If the County or their Engineer determine that the advertisement period must be extended, notice of the new letting date shall be provided to prospective bidders at least three (3) days prior to the original scheduled letting date.

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4. Qualification of Bidders

The apparent low bidder will be required to submit an itemized financial statement covering the previous twelve (12) calendar months of actual operations within five (5) working days of bid opening. The statement shall include financial resources, liabilities, equipment, and experience of such a nature as to be acceptable to the Owner. Experience on projects of a similar nature may be taken into consideration in determining the lowest responsible bidder.

The apparent low bidder shall complete and submit the "Statement of Qualifications and Experience contained within the financial statement.

The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

5. Delivery of Proposals

Each proposal must be submitted in triplicate in a sealed envelope clearly marked “BID FOR PIN 2754.83, County Bid No. 2377, SIMMONS ROAD CULVERT REPLACEMENT”. Sealed proposals must be delivered to the Oneida County Purchasing Department on or before the date, time and location specified herein. No responsibility shall be attached to the County or their representatives for the premature opening of any proposal not properly labeled. Bidders assume all responsibilities of risks associated with mail or courier delivery. When sent by mail, the sealed proposal must be addressed to the County at the address and in care of the official in whose office the bids are to be received. All proposals shall be filed prior to the time and at the place specified in the "Invitation to Bidders". Proposals received after the time for opening of bids will be returned to the bidder unopened.

6. Notice of Special Conditions

The Contractor's attention is particularly called to those parts of the contract documents and specifications that deal with the following:

A. Insurance requirements included in Section I.17 and Section II.D.

B. NYS Department of Transportation Special Conditions included in Chapter III - Special

Notes.

C. Various Revised and Special Specifications included in Chapter IV.

D. Prevailing wage rates required by N.Y.S. Labor Law included in Chapter V.

E. Environmental Regulation Standard Clauses and Permits, Chapter III (P).

F. Required Contract Provisions, Federal Aid Construction Contracts, Chapter VI.

7. Specialty Items

This contract does contain items that shall be considered “Specialty Items” as per RDI 14-11.

Those Items include:

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Not Applicable

8. Disqualification of Bidders

Any one or more of the following may be considered as sufficient cause for the disqualification of a bidder and the rejection of their proposal.

(a) More than one proposal for the same work from an individual, firm or corporation under the same or different names.

(b) Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the County until any such participant shall have been reinstated as a qualified bidder.

(c) Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statements and experience questionnaire.

(d) Unsatisfactory performance record as shown by past work for any County judged from the standpoint of work quality and progress.

(e) Uncompleted work, which in the judgment of the County, might hinder or prevent the prompt completion of this work if awarded.

(f) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force at the time of letting.

(g) Failure to comply with any qualification regulations of the County.

9. Award and Execution of Contract

9.1 Consideration of Proposals

After the proposals are opened and read, they will be compared on the basis of the summation of the unit prices shown in the bid schedule. In the event of a discrepancy between the sum of the unit prices and the gross sum bid, the sum of the unit prices shall govern.

The right is reserved to reject any or all proposals, to waive technicalities, to advertise for new proposals, or to proceed to do the work otherwise, if in the judgment of the County Engineer the best interests of the County will be promoted thereby.

9.2 Cancellation of Award

The County reserves the right to cancel the award of any Contract at any time before the execution of the said Contract by all parties without any liability against the County.

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9.3 Return of Proposal Guaranty

All proposal guaranties, except those of the three lowest bidders, will be returned immediately following the opening and checking of the proposals. That of the successful bidder will be returned after a satisfactory bond has been furnished and the Contract has been executed. The remaining two guaranties will be returned within ten (10) days following the award of the Contract.

9.4 Bonds

The successful bidder shall, prior to the execution of the Contract, furnish a performance bond and a payment bond each in an amount equal to the full amount of the Contract. The purpose of said bonds is to assure the faithful performance of this Contract as well as the payment of all persons performing labor and furnishing materials in connection with this Contract. The form of the bonds and the security shall be acceptable to the County.

Negotiable securities, satisfactory to the County, in an amount equal to that specified for the Contract bond, may be deposited with the County in lieu of such Contract bond and shall be subject to all the conditions of such bond and to such agreements as may be required by the County.

9.5 Failure to Execute Contract

Failure of the Contractor to execute the Contract within ten (10) days after he has received the Contract form shall be just cause for the annulment of the award, and for the forfeiture of the proposal guaranty. The proposal guaranty shall become the property of the County, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder or the work may be re-advertised and constructed under a new Contract or otherwise as the County may decide.

10. Scope of Work

10.1 Responsibility of the Contractor

The Contractor will be held responsible for the execution of a satisfactory and complete piece of work, in accordance with the true intent of the drawings and specifications. The Contractor shall provide, without extra charge, all incidental items required as a part of the work including layout and survey, even though not particularly specified or indicated. If there is good reason for objecting to the use of any material, appliance, or method of construction as shown or specified, the Contractor shall report such objections to the Engineer, and if approved by the Engineer, shall obtain proper adjustment before the Contract is made, and then shall proceed with the work with the understanding that a satisfactory job will be required. The Contractor is solely responsible for site safety and adherence to OSHA regulations.

General Scope of Work - Contractor:

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On-site maintenance and protection of traffic during construction

Survey and layout of items in Contract

Removal of existing pipe

Install precast box culvert

Install precast wingwalls

Install scour protection

Mill and pave approaches

Install guide rail at the approaches

Restoration of disturbed banks

Restore traffic to normal operating patterns

11. Control of Work

11.1 Authority of Engineer

An Engineer provided by the County, who will observe the work done under the Contract during construction, will represent the County Engineer. The Engineer shall inspect work performed, review materials to be used, and to stop and reject work and materials found to be not in accordance with the plans and specifications. The Engineer’s authority shall cover all phases of the work. In the event that questions should arise concerning the interpretation or changes of plans and specifications or to the acceptability of the work, the Contractor shall submit any questions, in writing, to the Engineer. These questions shall be forwarded to the County along with the Engineer's recommendations.

The Engineer may place on the job other personnel who shall observe the work as direct representatives. Their authority shall consist of observing the work under the Contract, rejecting any defective material used and temporarily suspending any work improperly performed. They will not have any authority to make changes or alterations in the plans and specifications, nor be permitted to act as foremen for the Contractor.

Any work done or materials used without scheduling the observation by the Engineer or an authorized representative may be ordered removed and replaced at the Contractor's expense.

11.2 Final Acceptance of Work

When, in the opinion of the Engineer, the Contractor has fully performed the work under the Contract, the Engineer shall recommend to the County and the NYSDOT Regional Local Project Liaison the acceptance of the work so completed. If the County Engineer accepts the recommendation of the Engineer, they notify the Contractor by letter of such acceptance, and copies of such acceptance shall be sent to other interested parties.

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11.3 Contractor's Personnel

The Contractor shall place in charge of the work a competent and reliable English speaking Superintendent, who shall have the authority to act for the Contractor and who shall be acceptable to the Engineer. This Superintendent must be present at all times during the working day to receive directions and orders given by the Engineer or designated representatives. All workers must have sufficient skill and experience to properly perform the work assigned to them. Any person employed by the Contractor who the Engineer may deem incompetent or unfit to perform the work shall at once be discharged and shall not again be employed on projects for the County at that specific task.

11.4 Cooperation with Utilities

It shall be the Contractor's duty to notify all utility companies, all pipe line, or other parties affected within a time frame as not to affect the schedule prior to all necessary adjustment of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction. The Contractor shall notify the Engineer in writing describing the need for and extent of utility adjustments and the anticipated schedule. The Contractor shall be responsible for UFPO notifications and to maintain current UFPO clearances.

Known utilities include, and may not be limited to:

TDS Telecom – Overhead Telecommunication Verizon – Overhead Telecommunication

It is understood and agreed upon that the Contractor has considered in the bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans and that no additional compensation will be allowed for any delays, inconveniences, or damage sustained due to any interference from the said utility appurtenances or the operation of moving them by the utility. The Contractor will be responsible for any fees required by the utility for temporary locations. Any damage resulting to any utility (buried, aerial, etc.) by the Contractor, personnel, subcontractor or any other person within the confines of the site (500 feet beyond each end of the project) shall be the responsibility of the Contractor.

11.5 Guarantee

The Contractor shall provide to Oneida County any manufacturer’s warranties and guarantees normally given as customary trade practice.

12. Control of Materials

12.1 Certificate of Acceptability

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The Contractor, at no expense to the Owner, shall supply all certificates of acceptability of materials required by the specifications. The County shall have the right to approve of the laboratories or fabricators, which will issue the certificates.

The Contractor shall obtain materials to be incorporated into the work from NYSDOT approved sources. The Contractor shall obtain and submit Manufacturer’s Material Certification to the Engineer for each such material, as specified in Section 106-04 – Material Acceptance Records, indicating that the respective item meets the applicable NYSDOT or Special Specification included in this contract.

The cost of the inspection by the County’s Representative of any unapproved plants shall be borne by the Contractor. This shall include, but not be limited to, plants employed to provide mobile concrete, structural steel and steel reinforcement.

The inspections and certifications for any steel or precast concrete items are to be in compliance with all the requirements of the contract plans, specifications and the Steel / Precast Concrete Construction Manuals. Particular items of importance to be checked for each unit fabricated are:

• All dimensions

• All testing of materials as defined in Chapter IV

13. Subcontractors, Materialmen, And Laborers

The Contractor shall furnish the Engineer, before final payment is authorized, an affidavit that all labor and material associated with the work in any way is paid for in full. The Contractor shall indemnify and hold the County and the Engineer harmless from any lien or claim which may be made or filed after such payment by any subcontractor, materialman or laborer in connection with work performed hereunder.

14. Responsibility of Damage Claims

The Contractor shall defend, indemnify and save harmless Oneida County, and NYSDOT, their officers, and employees and The Engineer, from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims on amounts arising or recovered under the Workers Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of this Contract as shall be considered necessary by the County, for such purpose, may be retained for the use of the County; or, in case no money is due, the surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the County; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor is adequately protected by public liability and property damage insurance.

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The Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any act, or omission to act, of the Owner or the Engineer, or any of its representatives, and the Contractor agrees that any such claim shall be fully compensated for by an extension of time to complete the performance of work as provided herein.

15. No Waiver of Legal Rights

In the event that the County does not strictly enforce the terms and conditions of the Agreement, such non-enforcement shall not act as or be deemed to act as a waiver or modification of this Agreement, nor shall such non-enforcement prevent the County from enforcing each and every term of this Agreement thereafter.

The County shall not be precluded or stopped by a measurement, estimate or certificate made either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing that any such measurement, from recovering from the Contractor or their sureties, or both, such damage as it may sustain by reason of the Contractor’s failure to comply with the terms of the Contract. Neither the acceptance by the County, or any representative of the County, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach.

16. Hold Harmless Clause

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR AND ANY SUBCONTRACTOR SHALL

INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS LEGISLATORS, REPRESENTATIVES, AGENTS

AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIENS, JUDGMENTS,

DAMAGES, LOSSES AND EXPENSES, INCLUDING LEGAL FEES AND ALL COURT COSTS AND

LIABILITY (INCLUDING STATUTORY LIABILITY) ARISING IN WHOLE OR IN PART AND IN ANY

MANNER FROM INJURY AND/OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF ANY

PROPERTY IN CONNECTION WITH THE PERFORMANCE OF ANY WORK OR ANY OTHER ACT OR

OMISSION BY OR FOR CONTRACTOR OR SUBCONTRACTOR, PURSUANT TO ANY CONTRACT

PURCHASE ORDER AND/OR RELATED PROCEED ORDER. FOR ANY SUCH CLAIMS, SUITS, LIENS,

JUDGMENTS, DAMAGES, LOSSES AND EXPENSES CONTRACTOR AND ANY SUBCONTRACTOR SHALL

DEFEND AND BEAR ALL COSTS OF DEFENDING ANY ACTIONS OR PROCEEDINGS BROUGHT AGAINST

THE CONTRACTOR OR SUBCONTRACTOR AND/OR OWNER, ITS LEGISLATORS,

REPRESENTATIVES, AGENTS AND EMPLOYEES, ARISING IN WHOLE OR IN PART OUT OF ANY SUCH

ACTS, OMISSION, BREACH OR DEFAULT. THE FOREGOING INDEMNITY SHALL INCLUDE INJURY OR

DEATH OF ANY EMPLOYEE OF THE CONTRACTOR OR SUBCONTRACTOR AND SHALL NOT BE

LIMITED IN ANY WAY BY AN AMOUNT OR TYPE OF DAMAGE, COMPENSATION OR BENEFITS

PAYABLE UNDER ANY APPLICABLE WORKERS COMPENSATION, DISABILITY BENEFITS OR OTHER

SIMILAR EMPLOYEES BENEFIT ACT. THE CONTRACTOR AND SUBCONTRACTOR HEREBY

EXPRESSLY PERMITS THE GENERAL CONTRACTOR TO PURSUE AND ASSERT CLAIMS AGAINST

THE SUBCONTRACTOR FOR INDEMNITY, CONTRIBUTION AND COMMON LAW NEGLIGENCE

ARISING OUT OF CLAIMS FOR DAMAGES FOR DEATH AND PERSONAL INJURY.

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17. Insurance

Prior to any work being performed, certificates of insurance (IIA/ACORD form) must, in the required form and amount, be properly executed by an authorized representative of the insurance underwriter (A.M. Best Rated ‘A’ or ‘A+’). The Contractor, at their own expense, shall procure and maintain until one year after date of the Notice of Certificate of Substantial Completion or one year after the Contractor or any Subcontractor last performs any work under the Contract if the Project is abandoned or deferred, insurance for liability for damages required by law of the kinds and in the amounts stated herein and as may be modified by provisions in the Supplementary Conditions, through insurance companies authorized to operate in New York State. The insurance shall cover all operations necessary to complete the work, whether performed by the Contractor or Subcontractors. Before starting work, the Contractor shall furnish the County five certificates of insurance for each and every type of insurance required. The certificates shall be in form and content satisfactory to the County, shall show compliance by the Contractor with the provisions herein contained, and shall provide that the policies shall not be cancelled or altered until after 30 days written notice to the County. Property damage insurance shall in all cases include coverage for XCU hazards (explosion, collapse, and underground operations).

All liability insurance required by this Contract shall be maintained in force during the term of this Contract and until one year after the date of the Notice of Substantial Completion or one year after the Contractor or any Subcontractor last performs any work under the Contract if the Project is abandoned or deferred.

The kinds and amounts of insurance required are:

a.) Commercial General Liability Insurance:

Unless specifically required otherwise elsewhere in the Contract Documents, commercial general liability insurance policies shall be provided in amounts not less than:

Personal Injury Liability: $1,000,000 Each Occurrence

Bodily Injury and Property $1,000,000 Each Occurrence Damage Liability: $2,000,000 General Aggregate $2,000,000 Products Aggregate

Note: Oneida County , State of New York/New York State Department of Transportation, and MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. shall be added to the General Liability policy as “Additional Insured.”

The aggregate must be applicable on a per project basis.

A Certificate of Insurance must be furnished reflecting the inclusion of the interest of the County, its Legislators, representatives, agents and employees, and naming each as an Additional Insured on a primary basis. Endorsement or policy shall waive subrogation rights. Coverage is to be endorsed to reflect that insurance is primary and

I - 14 non-contributory with respect to any other collectable insurance, for the County and all other parties required to be named as additional insureds.

This policy shall cover all damages arising during the policy period, and shall include but not be limited to:

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

2.) Contractor’s Liability Insurance issued to and covering the liability for damages imposed by law upon each Subcontractor with respect to all work performed by him under the Contract.

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

4.) Completed Operations Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor and each Subcontractor arising during the period between the date of the Notice of Certificate of Substantial Completion and one year thereafter.

5.) Product Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor arising, after physical possession of the products has been relinquished, out of the Contractor’s products or reliance upon a representation or warranty with respect thereto.

6.) Contractual Liability Insurance issued to and covering the liability for damages imposed by law upon the Contractor, assumed under this Contract.

7.) Contractual Liability Insurance issued to and covering the liability imposed by the Contract upon the County and the Engineer for work performed on private lands with respect to the work of the Contract by the Contractor or their Subcontractors.

b.) Automobile Liability Insurance covering all claims against the Contractor, Subcontractors, Engineer and the County as the result of work under the Contract. The limit for this coverage shall be $1,000,000 per occurrence.

c.) Umbrella Liability Insurance coverage shall be provided for a limit of at least $5,000,000 per occurrence/aggregate in excess of primary insurance and shall cover over the areas of Commercial General Liability, Contractual Liability and Automobile Liability coverage.

d.) Worker’s Compensation Insurance:

A policy covering the Contractor’s obligations in compliance with the Worker’s

Compensation Law (Chapter 41 of the Laws of 1914, as amended) covering all operations of

I - 15 the work, whether performed by the Contractor or by Subcontractors. This Contract shall be null and void, and of no effect unless the Contractor provides during the life of the Contract compensation coverage for the benefit of their employees, and those of their Subcontractors, in compliance with the Worker’s Compensation Law (State Finance Law, Section 142). The Contractor shall require each Subcontractor to also comply with these requirements, unless the Subcontractor’s employees are adequately covered by the Contractor’s policy. If any employees are not covered by the Worker’s Compensation Law due to being engaged in a hazardous type of work, the Contractor shall provide adequate Employer’s General Liability Insurance for their protection. This coverage must include coverage of sole proprietors and officers of corporations who will be performing work on the job.

PROOF OF WORKER’S COMPENSATION INSURANCE MUST BE PROVIDED ON

THE FOLLOWING FORMS ONLY:

a) if coverage is obtained from an insurance carrier, on forms C-105.2 (9-07) OR U-26.3

b) if contractor/vendor is self-insured or participates in an authorized group self-insurance plan, on forms SI-12 OR GSI-105.2

Please note that ACORD forms are NOT acceptable proof of New York State Worker’s Compensation insurance.

If contractor/vendor is legally exempt from obtaining worker’s compensation insurance, proof of such exemption MUST BE PROVIDED on the following form:

a) CE-200 12/2008, Certificate of Attestation of Exemption from New York State Workers’

Compensation and/or Disability Benefits Insurance Coverage.

e.) New York State Disability Benefits:

Contractor shall maintain coverage as required by law for disability benefits.

PROOF OF DISABILITY COVERAGE MUST BE PROVIDED ON THE

FOLLOWING FORMS ONLY:

a) if coverage is obtained from an insurance carrier, on forms DB-120.1 OR DB-820/829

b) if contractor/vendor is self-insured, on form DB-155

Please note that ACORD forms are NOT acceptable proof of New York State disability insurance.

If contractor/vendor is legally exempt from obtaining disability benefits coverage, proof of such exemption MUST BE PROVIDED on one of the following forms:

a) CE-200 12/2008, Certificate of Attestation of Exemption from New York State Workers’

Compensation and/or Disability Benefits Insurance Coverage.

I - 16 f.) County’s Protective Liability Insurance issued in the name of the County, with MJ

Engineering, Architecture, Landscape Architecture, and Land Surveying, PC and the State of New York/New York State Department of Transportation listed as Additional Insured, covering the liability for damages imposed by law upon the County and the Engineer with respect to all operations under the Contract by the Contractor or their Subcontractors, including supervisory acts and omissions of the County.

The limit for this coverage shall be $1,000,000 per occurrence and aggregate.

g.) Property Insurance – Fire & Extended Coverage (Builders Risk/Installation Floater)

The Contractor shall provide and maintain, at their own expense, a standard Property Insurance – Fire & Extended policy including special peril and theft to insure all work of the Contract against any loss or damage. The value of the insurance shall at all times be equal to or greater than the full value of the work (on-site & off-site), shall be in the names of the County and the Contractor, payable to the County, and any proceeds thereof shall be retained by the County as security for the performance by the Contractor in making good any loss, damage or injury. Upon such satisfactory performance by the Contractor, the proceeds shall be paid by the County to the Contractor.

h.) Maintenance of Insurance: The above insurances shall each contain the following wording:

County is interested in the maintenance of this insurance and it is agreed that this insurance will not be canceled, materially changed or not renewed without at least a thirty (30) day advance written notice to the County by certified mail – return receipt requested.

i.) The Term “Contractor”: The term “Contractor” as used in these insurance requirements shall mean and include Subcontractors of every tier.

j.) Liability Insurance Time Frame: All liability insurance required by this contract shall be maintained in force during the term of this contract and until one year after the date of the Notice of Substantial Completion or one year after the contractor or any Subcontractor last performs any work under the contract if the project is abandoned or deferred.

18. Waiver of Subrogation

The Contractor and Subcontractor(s) waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the County, the Architect/Engineer, the Architect/Engineer’s consultants, separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other causes of loss to the insurance applicable to the work, except such rights as they may have to proceeds of such insurance held by the County as fiduciary. The contractor/subcontractor shall require of their sub-subcontractors, agents and employees, by appropriate agreements, written where legally required for validity, similar waivers in favor of the parties enumerated herein. All policies required under this contract shall provide

I - 17 such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. The County does not waive any rights of subrogation it may have.

19. Prosecution and Progress

19.1 Notice to Proceed

The "Notice to Proceed" will stipulate the date on which it is expected the Contractor will begin the work. Commencement of work by the Contractor shall be deemed and taken as a waiver of this notice on their part. In no case, however, shall the Contractor begin work prior to the date of the signing of the Contract.

19.2 Prosecution of Work

The Contractor shall start construction operations on the part of the project approved by the Engineer or set forth in the approved Progress Schedule. The work shall be conducted in such manner and with sufficient materials, equipment, and labor as are considered necessary to ensure its completion in accordance with the plans and specifications as interpreted by the Engineer, by the date set forth in the Agreement. Should the prosecution of the work for any reason be discontinued, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations.

19.3 Temporary Suspension of Work

The Engineer shall have the authority to suspend the work wholly or in part by written order for such period as he may deem necessary due to unsuitable weather, to conditions considered unfavorable for the suitable prosecution of the work, or to carry out orders given or to perform any provisions of the Contract.

19.4 Date of Completion of…