BROOME COUNTY

RFB-2026-044 DIVISION OF PURCHASING

NOTICE TO BIDDERS

BID TITLE: BROOME COUNTY AVIATION SAND STORAGE STRUCTURE - MATERIALS

AND CONSTRUCTION

IMPORTANT NOTICE – BID/RFP DISTRIBUTION

The County of Broome officially distributes bidding documents through the Empire State Purchasing Group (www.bidnetdirect.com/new-york/broome-county). Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the Empire State Purchasing Group are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy by registering with this service.

ONE (1) ORIGINAL, ONE (1) DUPLICATE and ONE (1) ELECTRONIC COPY ON USB (no CDs please), of the bid shall be delivered or mailed, with any required data, in a SEALED ENVELOPE, which shall be properly identified with the following required information:

1. BIDDER'S FULL NAME & ADDRESS

2. THE BID TITLE (SEE ABOVE)

3. BID NUMBER (UPPER LEFT)

Submit proposals to: BROOME COUNTY DIVISION OF PURCHASING

60 HAWLEY STREET, 2ND FLOOR

EDWIN L. CRAWFORD COUNTY OFFICE BUILDING

BINGHAMTON, NEW YORK 13901

BIDS SHALL BE SUBMITTED AND RECEIVED IN THE DIVISION OF PURCHASING UP TO AND

INCLUDING 2:00 PM., WEDNESDAY, September 16, 2026

LATE BIDS - All bids received after the deadline date and time stated above will not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having the bid deposited on time at the place specified.

Bids shall be publicly opened and read aloud at 2:30 PM, on the above date, in a designated area assigned by the Division of Purchasing. If attending, please check with the Division of Purchasing on the second floor of the Edwin L. Crawford County Office Building for instructions as to where the bid opening will be held.

1.0 Facsimile machine or electronic bid responses will not be accepted.

2.0 Bidders may seek interpretation of the meaning of any of these specifications or other contract documents, or ask questions regarding the specification or contract documents. Every request for interpretation or questions should be addressed to the designated contact person(s) listed in the specifications no later than 4:00 PM Eastern, on September 10, 2026. Notice of all such interpretations and any supplemental instructions may be sent to all bidders of record, in the form of addenda to the specifications. All addenda so issued will then become a part of the contract documents.

ORIGINAL �

DUPLICATE �

Company Name http://www.bidnetdirect.com/new-york

3.0 All Bidders must complete, sign and submit the original and duplicate copies of the enclosed bid documents. (Extra copies of these forms should be made and retained by the bidder.)

4.0 CANCELLATION - The County reserves the right to terminate this agreement at any time upon thirty

(30) days written notice to the other party. In the event of a default and cancellation of the contract, the bidder shall be responsible for payment to Broome County of a sum equal to the additional contract costs to the County.

CANCELLATION DUE TO NON-APPROPRIATION OF FUNDS/LEASES - Broome County reserves the right to cancel the contract if the County Legislature, during the enactment of the County Budget, fails or declines to appropriate money for the continuation of the lease(s).

5.0 REJECTION OF BIDS - Broome County reserves the right to reject all bids not considered to be in the best interests of Broome County or to waive any informalities in bids received, should such procedures be in the best interests of the County.

6.0 ASSIGNMENT - It is mutually understood and agreed that the successful bidder/proponent shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or the right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation without the express, previous, written consent of Broome County.

7.0 REGULATORY COMPLIANCE - The contractor represents that all goods and services provided shall comply with all applicable standards, rules, and regulations in effect for the requirements of federal, state and local laws and regulations as applicable, including the Consumer Product Safety Act, Occupational Safety and Health Act, as amended, or other applicable laws or regulations.

USE OF FORKLIFTS AND RELATED EQUIPMENT: 29 CFR 1910.178(I)(1) contains safety requirements relating to fire protection, design, maintenance and use of fork trucks, tractors, platform lift trucks, motorized hand trucks and other specialized industrial trucks powered by electric motor or internal combustion engines. Broome County requires that all vendors that use “light industrial trucks”, as the term is defined by OSHA, provide written proof of training on the piece of equipment to be used for each employee that will use it (commonly referred to as a “forklift license”. The written documentation must certify that the operator training meets or exceeds the OSHA standard. This mandate applies to all vendors’ employees, independent contractors, and subcontractors. Failure to follow this standard shall be a material breach of your contract with Broome County. In the event of such a material breach, Broome County may exercise any/all its right at law, in equity and/or as recited in this contract.

8.0 WITHDRAWAL - ERRORS - RESCISSION OF BID

A. No Bid may be withdrawn after the bid deadline unless no award has been made within forty-five

(45) days of bid opening.

B. In the case of a unilateral bid mistake, or error, by a Bidder, on any bid proposal, legislation allows the Bidder to withdraw the bid after showing that:

1) The mistake was known, or made known to the "County, Board, or Purchasing Agent"

PRIOR to the awarding of the contract, or within three (3) days after the bid opening, whichever period is shorter.

2) The price bid was based on an error of such magnitude that enforcement would be unconscionable.

3) The bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error rather than a judgmental error.

4) The error was due to an unintentional substantial mathematical error, or unintentional omission of a substantial quantity of work, labor, material, or services, made directly in the compilation of the bid (which error or omission can be shown by objective evidence drawn from certain listed documents); and

5) It is possible to put the County in "status quo ante".

THE SOLE REMEDY FOR SUCH BID MISTAKE IS WITHDRAWAL OF THE BID AND THE RETURN

OF ANY BID SECURITY. ANY AMENDMENT OR REFORMATION OF THE BID IS EXPRESSLY

PROHIBITED.

C. ERRORS

Any errors in the bid award which are the fault of the County must be forwarded, in writing, to the Broome County Division of Purchasing within five (5) working days of the notification award. No corrections will be made beyond that date. If errors on the part of the County are discovered too late to be corrected, we will issue a “no award” on those affected items and re-bid or quote.

9.0 RESCISSION OF AN AWARD

After an award has been made by the County, and all participating agencies notified, there will be a $250 charge to vendors who then discover a mistake in their bid award and want the award rescinded. It is costly for the County to re-figure bid awards, notify all agencies involved and change all our records.

Vendors should be careful in figuring their bids prior to submission. The vendor requesting a bid rescission will be billed by the Division of Purchasing. If the bill is not paid by the vendor, the entire award may be rescinded, and the vendor’s responsibility may be questioned for future bids.

If the successful bidder exhibits a history of back orders or delayed deliveries, the County of Broome reserves the right to rescind their award and the vendor’s responsibility may be questioned for future bids.

10.0 If the bid is for furnishing supplies, materials, equipment, or services and is based upon a QUANTITY

ESTIMATE, the bidder shall agree to furnish additional quantities, if required, at the price bid for the term of the contract.

11.0 TAX EXEMPT STATUS - Broome County is a political subdivision of the State of New York and as a government entity, is exempt under Purchase Tax Law, Section 1116. Broome County is not issued an exempt organization certificate or an ST119 with an exemption number by the New York State Department of Taxation and Finance. A copy of a Broome County Voucher, Purchase Order, or Petty Cash Form are the only certifications the vendor is required to keep for documenting the tax-exempt sale. Contractor’s questions concerning Broome County's tax-exempt status should be directed to the Department of Audit and Control

(607) 778-2178.

12.0 Price discrepancies between prices written in figures and prices written in words - the written words will be accepted as the price bid. In cases where price discrepancies written in figures between the unit price(s) and the extended totals, the unit price(s) will be accepted as the price bid.

13.0 Broome County reserves the right to evaluate and/or reject all bids in whole or in part, and to waive technicalities, irregularities, and omissions, if, in the County's judgment, the best interests of Broome County will be served.

14.0 The words, "officer" or "officer of the company", means anyone having the "authority" to obligate their principal in the bidding and contract process. This person will provide documentation that they have this authority and will furnish the documentation within 72 hours, when requested, or be considered indicative of non-responsibility and will not be given further consideration.

15.0 Broome County also reserves the right to REVISE or AMEND the bid specifications prior to the bid opening date by WRITTEN ADDENDA for reasons other than 2.0 above.

16.0 COUNTY CONTRACTS/NEW YORK STATE CONTRACTS - Broome County Reserves the right to purchase from other Municipal contract(s), New York State contracts and/or Cooperative contracts as allowed by law.

17.0 DELIVERY - If the successful bidder fails to deliver within the time specified, or within a reasonable time as determined by the Broome County Purchasing Agent or fails to make immediate replacement of rejected items when so requested or as directed by the appropriate County Department, Broome County reserves the right to purchase the same or similar item(s) from other sources to replace the item(s) rejected or not delivered.

► On all such purchases, the Bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful Bidder shall have no claim to the difference. Such purchases will be deducted from the estimated quantity.

► Reimbursement to the County, as noted above, may be in the form of a “credit”, issued by the vendor and deductible from a current or future invoice. The request for credit will be documented by the ordering department, on a Broome County “charge back form”.

18.0 Should any of the instructions/information in the attached bid package vary from the above, the bid package instructions/information will take precedence.

19.0 CONTRIBUTION STATEMENT & GIFT STATEMENT

A. Election law signed statements. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that the professional business entity has not made a contribution within one calendar year immediately preceding the date of the contract or agreement which exceeded the permitted thresholds set forth in article 14 of the Election Law of the State of New York.

B. Gifts signed statement. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that discloses all gifts given, if any, by the bidding professional business entity to any officer or employee of the County of Broome.

20.0 PROPOSAL

Persons desiring to make a proposal shall use the proposal blank prepared and attached hereto. The blank places in the proposal must be filled in as noted and no change shall be made in the phraseology of the proposal or in the items mentioned herein. The specifications attached hereto are to be considered as and shall form a part of the agreement.

Each proposal shall specify the correct gross or lump sum and shall also specify the unit prices for each of the separate items if called for in the proposal. In case the amounts shown in words and the equivalents in figures do not agree, the written words shall be considered binding.

21.0 IRANIAN ENERGY SECTOR DIVESTMENT

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

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

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

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

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

a. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Broome County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons, therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

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

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

22.0 EXECUTIVE ORDER 177 REGARDING ANTI-DISCRIMINATORY POLICIES AND PRACTICES

The New York State Human Rights Law, Article 15 of the Executive Law, prohibits discrimination and harassment based on age, race, creed, color, national origin, sex, pregnancy or pregnancy-related conditions, sexual orientation, gender identity, disability, marital status, familial status, domestic violence victim status, prior arrest or conviction record, military status or predisposing genetic characteristics.

The Human Rights Law may also require reasonable accommodation for persons with disabilities and pregnancy-related conditions. A reasonable accommodation is an adjustment to a job or work environment that enables a person with a disability to perform the essential functions of a job in a reasonable manner.

The Human Rights Law may also require reasonable accommodation in employment on the basis of Sabbath observance or religious practices.

Generally, the Human Rights Law applies to:

• all employers of four or more people, employment agencies, labor organizations and apprenticeship training programs in all instances of discrimination or harassment;

• employers with fewer than four employees in all cases involving sexual harassment; and,

• any employer of domestic workers in cases involving sexual harassment or harassment based on gender, race, religion, or national origin.

In accordance with Executive Order No. 177, the Bidder hereby certifies that it does not have institutional policies or practices that fail to address the harassment and discrimination of individuals on the basis of their age, race, creed, color, national origin, sex, sexual orientation, gender identity, disability, marital status, military status, or other protected status under the Human Rights Law.

Executive Order No. 177 and this certification do not affect institutional policies or practices that are protected by existing law, including but not limited to the First Amendment of the United States Constitution, Article 1, Section 3 of the New York State Constitution, and Section 296(11) of the New York State Human Rights Law.

23.0 EXECUTIVE ORDER 16 CONTRACTING WITH BUSINESSES CONDUCTING BUSINESS IN

RUSSIA

Executive Order No. 16 provides that “all Affected State Entities are directed to refrain from entering into any new contract or renewing any existing contract with an entity conducting business operations in Russia.” The complete text of Executive Order No. 16 can be found here.

The Executive Order remains in effect while sanctions imposed by the federal government are in effect. Accordingly, vendors who may be excluded from award because of current business operations in Russia are nevertheless encouraged to respond to solicitations to preserve their contracting opportunities in case the sanctions are lifted during a solicitation or even after award in the case of some solicitations.

As defined in Executive Order No. 16, an “entity conducting business operations in Russia” means an institution or company, wherever located, conducting any commercial activity in Russia or transacting business with the Russian Government or with commercial entities headquartered in Russia or with their principal place of business in Russia in the form of contracting, sales, purchasing, investment, or any business partnership.

24.0 STATE FINANCE LAW §139-M GENDER-BASED VIOLENCE AND THE WORKPLACE

Effective November 5, 2025, State Finance Law §139-m requires a bidder certification on Gender- Based Violence and the Workplace for competitive New York State procurements. The certification must be subscribed to and affirmed under penalty of perjury and confirms the bidder has implemented a written policy addressing gender-based violence and the workplace and has shared that policy to all employees, directors, and board members.

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies,and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing gender-based violence and the workplace and have provided such policy to all of its employees, directors and board members. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law.

NOTICE: All bids received that lack:

1) a Signed Proposal;

2) a Signed Non-Collusive Bidding Certificate;

3) Samples when requested; or

4) Bid Bond / Check, when required, will be rejected as being non-responsive at the formal public bid opening.

The County procurement officer(s) or employee(s) conducting the bid opening will document the non-responsiveness orally and in writing. The non-responsive bid will not be publicly read and will not be returned to the bidder.

https://www.governor.ny.gov/executive-order/no-16-prohibiting-state-agencies-and-authorities-contracting-businesses-conducting

EXTENSION OF CONTRACT TO NON-BROOME COUNTY GOVERNMENT AGENCIES AND OPEN

TO BROOME COUNTY POLITICAL SUBDIVISIONS

It is the intent of this invitation for bid that Non-Broome County Government Political Subdivisions and others authorized by law and located in the county of Broome, to participate in the contract awarded.

The County also reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Broome its participating Political Subdivisions and others authorized by law and located in the County of Broome and the vendor.

All orders will be placed by the ordering Non-Broome County Government Agency and shall be billed and make payment to the Vendor/Contractor. All Non-Broome County Government Agencies are required to make payments directly to the Vendor/Contractor.

Upon request, non-Broome County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificate or documentation of tax-exempt status. (Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participating Non-Broome County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility in regard to performance of the contract, of any obligation, covenant, condition or term thereunder by either such party, thereto shall be borne and is expressly assumed by the participating Non-Broome County Government agencies and contractors and not by Broome County Government. In the event of a failure or breach in performance of any such contract by a non-Broome County Government agency or contractor, the Broome County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participating Non-Broome County Government agencies and contractors, agents and employees harmless from any liability that may be or is imposed by the failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Broome County Government centralized contract.

Master Insurance Requirements As amended May 11, 2004

Risk Management & Insurance Specifications

Project Description or Contract Number

Assemble a prefabricated steel canvas structure on precast concrete blocks to store sand inside.

Date Issued July 6, 2026 Vendor name (“Contractor”) TBD County Department Aviation Peter LoPiccolo x1715

Please read these specifications very carefully. These specifications are part of your contract with Broome County. It is advisable that you forward a copy of these specifications to your insurance agent. Broome County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

3. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

4. Every required coverage type shall be “occurrence basis”.

5. The Contractor may utilize umbrella/excess liability coverage to achieve the limits required hereunder;

such coverage must be at least as broad as the primary coverage (follow form).

6. All insurance certificates must be approved by the Office of Risk & Insurance Management. See section II for specific requirements regarding insurance proof.

7. The County reserves its right to request certified copies of any policy or endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Broome County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract,

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor (common law set-off), OR

(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Broome County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

10. Neither Party shall permit a subcontractor to enter upon or continue the performance of this Agreement unless such subcontractor is and remains insured in accordance with the requirements listed hereunder. Any such subcontracting Party shall indemnify the other Party for any loss suffered by the non-subcontracting Party for the failure of any subcontractor to be so insured. The indemnity shall survive expiration or termination of the Agreement.

Part II. Required Insurance – Minimum coverage types and amounts.

Coverage Type Minimum Limits Commercial General Liability (CGL) including:

Products & completed operations shall not be excluded.

Broome County shall be named additional insured. The additional insured endorsement for the insurance shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Proof of additional insured coverage shall be evidenced through a carrier issued endorsement. (ISO CG 20 10 11 85 or equivalent)

$1,000,000 / $2,000,000 Per occurrence / minimum annual aggregate limit

Automobile Liability (Comprehensive Form) Must cover owned, non-owned and hired vehicles

$1,000,000 Combined Single Limit

Workers’ Compensation and Employer’s Liability See #2 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory amount / $100,000

Disability Insurance See #3 If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory limits

Umbrella coverage: over CGL and Automobile $2,000,000 CSL

1. The certificate face shall:

indicate coverage(s) (other than Workers’ Compensation & Disability) & minimum amounts required in part II.1 provide that the coverage(s) shall not be cancelled, terminated, or materially changed

(including an insurance limits reduction) unless thirty (30) days prior written notice has been given to the County Office of Risk & Insurance Management.

Disclose all policy exclusions.

Disclose the amount of self-insured retention or deductibles.

Show Products & completed operation.

2. Proof of Workers’ Compensation Coverage must be provided on NYS issued WCB form C-

105.2 or U-26.3. Exemption should be provided on CE-200

3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or DB820/829 or DB-155. Exemption should be provided on CE-200

4. The Additional Insured & Certificate Holder should read:

County of Broome Attn: Office of Risk & Insurance Management PO Box 1766 Binghamton, NY 13902-1766

Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the County for damages arising from bodily injury to persons or property contributed to, caused by, or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Broome and any officer, employee and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents or and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid,.

Part IV Safety

Broome County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health, or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Broome County in no way obligates Broome County to inspect the safety practices of the Contractor.

If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Broome County’s legal obligation to continuously provide contractor’s service to the public or Broome County’s immediate need for completion of the Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Broome County shall have the right to immediately terminate this contract. In the event Broome County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

DIVISION OF PURCHASING

SPECIFICATIONS

FOR

BROOME COUNTY AVIATION

SAND STORAGE STRUCTURE - MATERIALS & CONSTRUCTION (AP-2603)

All bids shall be submitted in accordance with the attached instruction sheets.

CONTRACT TERM

The term of the contract will be for the duration required to complete the application, following the approval of the County’s Board of Acquisition and Contract (BAC), execution of a standard Broome County Contract and receipt and approval of a satisfactory ‘certificate of insurance w/endorsement’.

Upon Notice of Award to the contractor shall furnish the county with a complete stamped set of plans within 21 Calendar Days. Stamped set of plans shall be stamped by a New York State licensed Engineer or Architect. Complete direction can be found in the technical specification section of the specification.

Notice to Proceed for the project will be mutually agreed to by the County and the Contractor for the construction of the structure on site. Notice to Proceed is generally issued when materials are on-site and construction is ready to begin.

Substantial Completion of construction of the structure shall be within 30 Calendar Days of Notice to Proceed. Final Completion of construction of the structure shall be within 45 Calendar Days of Notice to Proceed.

For the purpose of this contract, substantial completion shall be defined as having all project elements completed including structural, and site renovations. Substantial completion will occur when all project elements are complete to a level to be opened to achieve Temporary Certificate of Occupancy as defined in the New York State Building Code. For the purpose of this contract, final completion shall be defined as having completed all remaining work items and punch list items including, but not limited to removal of any temporary facilities. At final completion the contractor shall be demobilized of all equipment and material presence from the project site.

It is the County’s intent to have the construction complete not later than Mid-November.

CONTRACT

The bid specifications herein delineated shall constitute the contract referenced herein.

PREVAILING WAGE

All personnel employed by the vendor for this contract shall be compensated at the "prevailing wage rate", including supplemental benefit payments, as determined by the New York State Department of Labor, Bureau of Public Works. The prevailing wage schedule for this bid PRC# 2026025629. They are available for download with this solicitation and can also be accessed via the following links:

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1634374 A copy of the schedule will be incorporated into a contract with the awarded vendor.

All personnel employed by the vendor for this contract shall be compensated at the "prevailing wage rate", including supplemental benefit payments, as determined by the New York State Department of Labor, Bureau of Public Works.

Copies of these rates are attached, Exhibit "A", hereto and form a part of the formal contract documents.

NYSDOL REGISTRATION

Beginning December 30, 2024, all contractors and subcontractors performing work under NYSDOL Article 8 projects shall be required to be registered with NYSDOL at the time of submission of bid and throughout the contract period.

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1634374

All vendors applying for this contract must a copy of their New York State Department of Labor Certificate of Contractor Registration.

MBE PARTICIPATION

It is the policy of the County of Broome that Minority Business Enterprise as defined hereafter shall have the full opportunity to participate in the performance of all County contracts where the total dollar amount bid by each Prime Contractor exceeds $100,000.00, excluding projects which are wholly or partially funded with State and/or Federal funds. In furtherance of this policy, the Broome County Legislature did adopt Resolution No. 260 of 1983 and as amended by Resolution No. 139 of 1985 establishing procedures for meeting a goal of 3.5 percent MBE participation for all such contracts.(Rev. 7/85)

MINORITY HIRING GOALS

It is the policy of the County of Broome that each Prime Contractor shall establish a minority hiring goal of at least five percent (5%) for all County contracts where the total dollar amount bid by each Prime Contractor exceeds $100,000.00.

In furtherance of this policy, the Broome County Legislature did adopt Resolution No. 195 of 1994 establishing procedures for meeting this five percent (5%) for such contracts.

DETAILED MINIMUM SPECIFICATIONS

Refer to Technical Specification Section 133423.0 directly following this section for technical requirements.

Questions shall be received in writing; email shall constitute writing for this purpose. Questions shall be submitted prior to 4:00PM, September 10, 2026. Questions shall be directed to Scott.Mastin@Broomecountyny.gov & Alexandra.Orphall@Broomecountyny.gov.

Work shall consist of providing Engineered stamped plans for approval by the County and their Code Enforcement Officer, along with construction including all materials necessary to complete construction of a sand storage structure at the Greater Binghamton Airport.

All work required shall be completed in compliance with any time schedule that may be set, by agreement, between the County and successful bidder. All overtime must be pre-approved by the Broome County Department of Public Works.

The successful bidder shall agree and stipulate that the status of said contractor, while performing any services pursuant to this bid, is that of an employee of the successful bidder, and will not hold himself out as, or claim to be an employee, officer or agent of the County, or Department of Public Works, in any manner whatsoever, including, but not limited to, Worker's Compensation insurance, unemployment insurance, medical or health insurance, civil service status, union membership, retirement membership or pension plan benefits.

Supplies and materials to be used hereunder will be a purchase or procurement, therefore, not subject to sales or compensating use taxes. Contractor shall obtain all necessary resale exemption certificates for the performance of work covered by this contract.

Contractor shall obtain approval from Broome County Department of Public Works before leasing or supplying any specialty equipment that is needed to complete the work and shall provide leasing invoices, and the markup shall be paid at the same rate as the markup of materials and supplies. For Contractor owned equipment the lease rate must be pre-approved by Broome County Department of Public Works.

STAGING OF MATERIALS

The Contractor shall work with the Broome County Department of Aviation on coordinating the staging of materials.

Partial Material staging on site shall be allowed with the approval of Broome County Department of Aviation and Broome County Department of Public Works. Exactly location and access shall be coordinated.

mailto:Scott.Mastin@Broomecountyny.gov mailto:Alexandra.Orphall@Broomecountyny.gov

PRICING

All bids shall be composed of a grand total base bid on a grand total base bid basis including a mandatory construction contingency allowance and shall include all costs to provide stamped plans, materials, equipment, and labor to construct a sand storage building at the Greater Binghamton Airport.

AWARD

Award shall be made to the qualified, responsive, and responsible bidder proposing the lowest Grand Total Base Bid whose proposal complies with all provisions to render it formal and legal.

NOTE: Cash discounts, offered by bidders for accelerated payment, will NOT be considered in the evaluation of bids.

Broome County reserves the right to reject any and/or all bids not considered to be in the best interests of Broome County.

Bidders may withdraw their bids if no award has been made within forty-five (45) days of bid opening.

PAYMENT

The Successful Vendor(s) will furnish invoicing to the Broome County Department of Public Works upon completion of all work and removal of all contractor’s equipment and will be paid by Broome County, on a "Net 30 Days" basis.

Failure to correctly invoice Broome County will result in an automatic rejection and non-payment until a new corrected invoice, with the necessary information is mailed to the Broome County "Invoice to" department. The date of receipt of the corrected invoice will be used by Broome County for payment processing. A history of incorrect invoices will be grounds for termination of the contract.

NOTE: Discounts for prompt payment will NOT be considered in the evaluation of proposals.

INSURANCE

Successful Bidder(s) must furnish proof of insurance (in accordance with the attached requirement sheet), to Risk & Insurance upon notice of award.

ADDENDA: The above signed hereby acknowledges receipt of the following addenda:

ADDENDA NO: DATE:

PROPOSAL SHEET

FOR THE

BROOME COUNTY AVIATION

SAND STORAGE STRUCTURE - MATERIALS & CONSTRUCTION (AP-2603)

COST FOR STAMPED DESIGN PLAN $ ___________________________

COST FOR MATERIALS & INSTALLTION $ ___________________________

MANDITORY CONTINGENCY ALLOWANCE, $ ___________40,000.00________

Use the contingency allowance only as directed by the Owner for the Owner’s purpose and only by Order on Contract that indicate amounts to be charges to the allowance. The Contractor’s costs for products and equipment ordered under this allowance as authorized by the Owner shall be included in the Allowance. These costs include delivery, installation, insurance, equipment rental, and similar costs to complete the necessary work. Overhead and profit on this allowance shall be included as part of the base bid number for the project and shall not be allowable to be paid as part of the Order on Contract issued to authorize the use of the allowance

GRAND TOTAL BASE BID FOR DESIGN, $ ___________________________

MATERIALS, INSTALLATION, &

MANDITORY CONTINGENCY ALLOWANCE

GRAND TOTAL BASE BID IN WORDS

ALTERNATE NO. 1, $ ___________________________

Furnish and install non-electric door or door system to cover the opening to the structure.

Indicate the type of door (Swing, Sliding, Rollup, ect). in the space to the right. ___________________________

Broome County Aviation Broome County Project Number: AP-2603 Sand Storage Structure

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SECTION 133423 - RECTANGULAR SAND STRUCTURE

PART 1 - GENERAL

1.1 REFERENCES

A. Except where more stringent requirements are specified, comply with the applicable requirements of the following organizations and standards, for products, materials, and construction methods:

1. New York State Uniform Fire Prevention and Building Code; Latest.

2. American Institute of Steel Construction (AISC).

3. American Institute of Timber Construction (AITC).

4. American Iron and Steel Institute (AISI).

5. American Plywood Association (APA).

6. American Softwood Lumber Standard PS 20 by the U.S. Dept. of Commerce.

7. American Society of Civil Engineers (ASCE 7-10-Minimum Design Loads for Buildings and Other Structures).

8. American Society for Testing and Materials (ASTM).

9. American Welding Society (AWS).

10. National Fire Protection Association (NFPA).

1.2 DESCRIPTION

A. Provide design and construction for a permanent rectangular type structure suitable for the bulk storage of sand with minimum ground water contamination and capable of storing vehicles within one end of the structure. The structure shall meet or exceed the performance criteria of this specification and the New York State Uniform Fire Prevention and Building Code.

1.3 DEFINITIONS

A. The term “floor” as used in this Section refers to the portion of the concrete paved surface of the site within the perimeter of the structure.

1.4 PROJECT REQUIREMENTS

A. Size of Sand Storage Structure: Approximately 42 feet wide by 60 feet long by 24 feet high (maximum)., permanent, rigid, wind and waterproof structure, exclusive of one end entrance way, suitable for the bulk storage of 1538 rated tons (or 1692 cubic yards) of sand total. Structure shall permit filling by tractor trailer delivery of materials directly into the building. The structure shall be rectangular in shape with vertical end walls.

1. Rectangular Structure of Type IIB Construction using the following:

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a. Prefabricated Membrane structure

b. Precast Concrete T walls

c. Steel Frame

B. Storage Method:

1. Enclose the specified sand capacity entirely within the structure, exclusive of the entrance ways, with pile sides sloped at an assumed 32 degree angle of repose.

C. Interior Space: The sand pile storage floor area shall be entirely free of columns and roof supports of any type allowing unimpeded loading of truck-spreader vehicles with front-end loading equipment. The interior of the structure below the main trusses shall be clear span free of any structural support members and shall provide unobstructed floor space.

1. Minimum Interior Clearance:

a. 4 feet of unobstructed vertical clearance above the surface of the sand pile when stored at the specified storage capacity.

D. Barrier Wall or Lining: Suitable interior protective base wall conforming to the following applicable criteria:

1. Barrier wall shall be a minimum of 8 feet high and of sufficient strength to resist a horizontal impact of 250 pounds per linear foot at 7 feet above the floor, resist the horizontal load of a sand pile weighing 110 pounds per cubic foot and shall resist structural damage from abrasion by sand loading equipment.

2. If the building layout partially restricts the sand pile with the building walls or with separate containing walls, extend the barrier walls a minimum of 2 feet above the toe of the sand pile. The extension of the barrier walls above the toe shall be of the same material used below the toe level.

3. Barrier wall materials, except poured in place concrete, shall require minimal maintenance and be arranged for easy replacement of components by maintenance personnel without required use of heavy equipment.

E. Entrance Ways: Roof of entrance ways shall be integral with the main structure and shall project out a minimum of one foot from the point where the sand, stored to capacity, meets the floor surface. Openings shall have protection for interior and exterior sidewall structural members fabricated to resist a horizontal impact of 250 pounds per linear foot at 7 feet above the structure floor and to resist abrasion damage to structural components from wheeled vehicles.

1. Number and Size: Unobstructed fully open end.

F. Roof Ventilation: Suitable openings located at or near the highest and lowest point of the roof providing a ratio of one square inch of free air area for each 55 square feet of structure floor area.

Each ventilation opening shall be weatherproof.

G. Foundation: Structural requirements per 2025 NYSBC. Specific foundation design shall be submitted with superstructure design using the referenced design data.

H. Exterior Wall Construction: Standard components or an integrated wall system, with the exterior surface constructed to provide a durable weather-resistant barrier with leak proof joints. Exterior

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surface shall be constructed of materials which may be easily maintained by maintenance personnel with unproprietary products readily available for such purpose. Precast panels shall be set on 6” minimum of aggregate base.

I. Roofing System: Prefabricated or site-built, complete with all necessary accessories, fastening devices, trim, and flashings. Materials and surface finishes as required by the specified warranties, requiring minimum maintenance, and conforming with or exceeding the Underwriters Laboratories, Inc., ASTM E108, Class-A Rating requirements (labels are not required).

Unprotected aluminum, bare steel or galvanized surfaces are not acceptable.

1. Drainage: Positive slope; no standing water

2. Wind Uplift Resistance: Per ASTM D7158 Class-G 120-MPH Basic Wind Speed

3. Compatibility: Physical and chemical compatibility of all materials with each other and with adjacent building components

J. Building Products: The following minimum required standards shall be met for the products listed:

1. Concrete, if used in the building design, shall be as specified by the Engineer of Record.

Provide 2 coats of penetrating sealer on the interior surface of the concrete base wall, full height of wall.

2. Wood if used in the building design shall be dressed timber, kiln dried to a maximum moisture content of 19 percent before treatment and grade stamped. Wood exposed to weather, shall be preservative treated with a water-borne preservative, where applicable, the treatment has to be compatible with the stain in item 3 below and for above ground use, complying with American Wood Preserver’s Associations UI-04 book, Category (UC3-A) and below ground lumber shall be treated with Category (UC4-B).

3. If wood is used as an exposed exterior surface, minimum acceptable finish shall be 2 coats of protective wood stain meeting the requirements of the Building Codes of New York State Architectural Surface Coatings.

4. Metal, Metal Plates and Fasteners:

a. All metal exposed on the interior, including truss bearing plates, nails, screws, lag bolts, anchor bolts, bolts and washers etc. in contact with preservative treated wood, shall be Type 304 or 316 stainless steel or hot dipped galvanized meeting ASTM A 153/A 153M, Class D.

b. Truss connector plates shall be G-185 hot dipped galvanized steel and epoxy coated in the field.

c. Joist hangers shall be G-185 hot dipped galvanized and epoxy coated in the field.

d. If metal is used as an exposed siding or roofing surface, the metal shall have a corrosion-resistant finish. Exposed galvanized metal or an interior surface of metal is not acceptable.

5. Penetrating Sealer for Concrete Walls: Non-toxic, breathable, clear penetrating sealer intended for 2 coat application, leaving no visible surface residue, color or gloss after curing. Acceptable Products:

a. Airdox 40 by Anti Hydro International, Inc., Newark, NJ.

b. Klereseal 940-S by Pecora Corporation, Harleysville, PA.

c. Masterseal SL 40 by Master Builders, Inc., Streetsboro, OH.

d. Sil-act ATS 100 by Advanced Chemical Technologies, Oklahoma City, OK.

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e.…