Invitation for Bid

Old Forge Dam and Sixth Lake Dam Rehabilitation

Contract No. D012025

State of New York

Hudson River – Black River Regulating District

Albany, New York

June 2025

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation

TOC – 1

Table of Contents

June 17, 2025

VOLUME 1

SECTION 1

Notice to Bidders AD-1

SECTION 2

Information for Bidders Section

Project Location I-1

Site Access I-2 Description of Work I-3 Mandatory Pre-Bid Site Meeting I-4 Weather Delay I-5 Schedule and Timing I-6 Bidder Qualifications and Experience I-7 Preliminary Schedule and Adequate Work Force and Project Equipment I-8 Subcontractors I-9 Trade Subcontractors I-10 Clarifications, Interpretations and Addenda I-11

Estimated Quantities I-12 Errors and Omissions I-13 Bidder’s Cost I-14

Bid Security – Bid Bond I-15 Rejection of Bid I-16

Cancellation I-17 Bid Disposition I-18

Condition of Work I-19 Water I-20 Surface and Subsurface Conditions and Investigations I-21

Obligation of Bidder I-22 Authorized Contract Documents I-23

Bid Instructions I-24 Receipt and Opening of Bids I-25 Discrepancy in Bids I-26 Low Bidder I-27 Successful Bidder / Conditional Award of Contract I-28 Contract I-29 Commencement of Work I-30 Security for Faithful Performance – Performance Bond/Payment Bond I-31 Statement of Surety Company I-32 Liquidated Damages for Failure to Enter into Contract I-33 Power of Attorney I-34

Indemnification I-35 Insurance I-36 Notice of Special Conditions I-37 Laws and Regulations I-38 Environmental Conditions I-39 Site/Facility Security I-40 Sales and Compensating Use Tax Exemption for Materials Sold to Board I-41 Sales and Compensating Use Tax for Materials Purchased for Resale I-42 Required Certificates I-43 Non-Collusive Bidding Certification I-44 Resolution Accompanying Bid I-45 NYS Department of Taxation and Finance Contractor Certification I-46 NYS Finance Law and Vendor Responsibility I-47 Standard Requirements for New York State Contracts I-48 MWBE / EEO Requirements I-49

TOC – 2

Sexual Harassment Prevention Certification Requirements I-50 Owner Exempt from Taxes I-51 Certification of Compliance with 6 NYCRR Part 248 I-52 Permits I-53 Not Part of Contract I-54

SECTION 3

Bid Documents and Forms Page

Bid Proposal B-1 Bid Sheet s (B2.1 – B2.5) B-2 Bid Delivery Page B-3 Bidder Qualifications and Experience B-4 Non-Collusive Bidding Certification B-5 Resolution Accompanying Bid B-7 Contractor Preliminary Schedule Affirmation B-9 Preliminary Schedule of Work B-10 Subcontractor Preliminary Schedule Affirmation B-11 Estimated Project Labor/Work Force B-12 Estimated Project Equipment B-13 Bid Security B-14 Statement of Surety’s Intent B-15 EEO/MWBE/SDVOB Requirements and Procedures for Bidders and Contractors B-16 Sexual Harassment Prevention Certification Pursuant to State Finance Law 139-L B-17 Vendor Responsibility Questionnaire B-18 Offerer's Affirmation of Understanding of, and Agreement Pursuant to State Finance Law Section 139-J B-19 Offerer's Certification of Compliance with State Finance Law Section 139-K B-20 Offerer Disclosure of Prior Non-Responsibility Determination B-21 Certification of Compliance with 6 NYCRR Part 248 B-22

SECTION 4

Agreement - Sample Page

Agreement Articles A-1 Certificate of Acknowledgement - Contractor (Corporation) A-6 Certificate of Acknowledgement - Contractor (Partnership) A-7 Certificate of Acknowledgement - Contractor (Individual) A-8 Waiver of Immunity Clause A-9 Non-Discrimination Clause A-10 Appendix A - Standard Clauses for All New York State Contracts A-11 Schedule A – Bid Documents and Forms A-12

New York State Labor Law Requirements Article 8 & Article 9 (NYS Wage Rates) A-13 Contractor Certification ST-220 A-14 Insurance Certificates A-15

Performance Bond A-16 Payment Bond A-17 Request for Tax Payer Identification Number A-18

SECTION 5

General Conditions GC-1 – CG-51

TOC – 3

VOLUME 2

SECTION 6

Material and Performance Specifications

See Section 6 for Material and Performance Specifications Table of Content

SECTION 7

Construction Drawings

See Section 7, Drawing G-01 for Construction Drawing Index to Drawings

TOC – 4

VOLUME 3

SECTION 8

Permits and Plans

Department of Environmental Conservation Permit US Army Corps of Engineers Nationwide Permit No. 3 Stormwater Pollution and Prevention Plan (SWPPP) APA “no permit required” PRHP “no impact”

SECTION 9

Payment Items

Payment Item

No.

Title Old Forge

Dam

Sixth Lake

Dam

Page

No.

PI-1 Mobilization and Demobilization X X PI-3

PI-2 Underground Utility Locator Service X X PI-6

PI-3 Temporary Facilities and Controls X X PI-8

PI-4 Erosion and Sediment Control X N / A PI-11

PI-5 Survey X N / A PI-14

PI-6 Demolition – Existing Gatehouse X N / A PI-17

PI-7 Demolition – Existing Concrete X N / A P-19

PI-8 Concrete Cutting X N / A PI-21

PI-9 Soil and Sediment Excavation X N / A PI-23

PI-10 Bedrock Removal X N / A PI-25

PI-11 Offsite Disposal X N / A PI-27

PI-12 Post Tension Anchors X N / A PI-30

PI-13 Grout Rock Surface X N / A PI-33

PI-14 Cofferdams X N / A PI-35

PI-15 Concrete – Spillway Foundation X N / A PI-38

PI-16 Concrete – Slabs and Aprons X N / A PI-41

PI-17 Concrete - Walls X N / A PI-44

PI-18 Dewatering X N / A PI-47

PI-19 Structural Backfill X N / A PI-49

PI-20 Wood Fence X N / A PI-51

PI-21 Temporary Rip Rap Apron X N / A PI-53

PI-22 Gate (House) Enclosure X N / A PI-55

PI-23 Sluice Gates X N / A PI-57

PI-24 Trash Racks X N / A PI-59

PI-25 Log Boom X N / A PI-61

PI-26 Floating Aluminum Docks X N / A PI-63

PI-27 Boulder Retaining Wall X N / A PI-65

PI-28 Gravel Fill Restoration X N / A PI-67

PI-29 Geneal Site Restoration X N / A PI-69

PI-30 Asphalt Path X N / A PI-71

PI-31 Restoration of Pavement X X PI-73

PI-32 Chain Link Fence X N / A PI-75

PI-33 20 kW Standby Generator and Automatic Transfer Switch X N / A PI-78

PI-34 Electrical X N / A PI-80

TOC – 5

PI-35 Erosion and Sediment Control N / A X PI-82

PI-36 Survey N / A X PI-85

PI-37 Demolition – Existing Gatehouse N / A X PI-88

PI-38 Demolition – Existing Concrete N / A X PI-90

PI-39 Concrete Cutting N / A X PI-92

PI-40 Soil and Sediment Excavation N / A X PI-94

PI-41 Bedrock Removal N / A X PI-96

PI-42 Offsite Disposal N / A X PI-98

PI-43 Cofferdams N / A X PI-101

PI-44 Concrete – Spillway Foundation N / A X PI-104

PI-45 Concrete – Slabs and Aprons N / A X PI-107

PI-46 Concrete - Walls N / A X PI-110

PI-47 Dewatering N / A X PI-113

PI-48 Structural Backfill N / A X PI-115

PI-49 No 57 Stone Seepage Filter N / A X PI-117

PI-50 No 9 Sand Seepage Filter N / A X PI-119

PI-51 Concrete Sand Seepage Filter N / A X PI-121

PI-52 Rip Rap N / A X PI-123

PI-53 Gate (House) Enclosure N / A X PI-125

PI-54 Sluice Gates N / A X PI-127

PI-55 Spillway Sluice Gate N / A X PI-129

PI-56 Trash Racks N / A X PI-131

PI-57 Log Boom N / A X PI-133

PI-58 Timber Steps N / A X PI-135

PI-59 General Fill N / A X PI-137

PI-60 General Site Restoration N / A X PI-139

PI-61 Chain Link Fence N / A X PI-141

PI-62 20 kW Standby Generator and Automatic Transfer Switch N / A X PI-144

PI-63 Electrical N / A X PI-146

Supplemental Information – Not Part of Contract

Emergency Action Plan for the Old Forge Dam and Sixth Lake Dam

AD-1

ADVERTISEMENT

NOTICE TO BIDDERS

Sealed bids for the Old Forge Dam and Sixth Lake Dam Rehabilitation, Contract No. D012025, Town of Old Forge, Herkimer County, and Town of Inlet, Hamilton County, New York, are being requested by the Hudson River – Black River

Regulating District in accordance with the attached Bid Documents. This project involves providing all labor, equipment, and materials to provide the completed improvement as shown in the Contract Drawings and in the Contract Specifications.

Bid Documents are available beginning June 18, 2025 and may be obtained from the New York State Contract Reporter’s

Web Site (nyscr.org).

Copies of the Bid Documents may be examined at no expense at the office of the Hudson River – Black River Regulating

District weekdays between the hours of 9:00 a.m. and 3:00 p.m.

Sealed bids will be received by the Hudson River – Black River Regulating District, 54 State Street, Suite 501, Albany, New York, 12207, attention Mr. Timothy Maniccia, Chief Fiscal Officer, until 11:00 a.m., local time, on August 15, 2025 then publicly opened and read aloud. Bids received after the designated time and date shall be rejected.

A Bank check or bid bond in an amount not less than five percent (5%) of the amount of the bid shall accompany each bid.

The Owner is exempt from the payment of sales and compensating use taxes of the State, Counties, and Cities of New York, on all materials incorporated in the work or sold to the Owner, and should not be included in the bid. Purchases of materials, equipment, and supplies, by the Contractor and its Subcontractors, that are to be sold to the Owner pursuant to this contract, including tangible personal property to be incorporated in any structure, building or other real property forming part of the

Work, are also exempt from such taxes.

The Hudson River-Black River Regulating District is committed to providing Minority and Women Owned Business

Enterprises (MWBE) and Service-Disabled Veteran-Owned Business enterprises (SDVOB) equal opportunity to participate on this project.

For purposes of this procurement, Hudson River-Black River Regulating District has not set specific goals for participation by Minority and Women-owned Business Enterprises (MWBE) and Service-Disabled Veteran-Owned Businesses (SDVOBs) as subcontractors, service providers, and suppliers to Contractor. Nevertheless, Bidder/Contractor is encouraged to make good faith efforts to promote and assist in the participation of MWBE and SDVOBs on the Contract for the provision of services and materials.

This procurement is subject to the New York State Finance Law 139 j & k, aka, the Lobbying Law. Therefore vendors are cautioned that the only permissible contact for this procurement is the persons listed herein. Failure to comply with this requirement can range from no contract award to debarment from sales to any NYS Agency. Successful contractor will be required to complete and submit documents related to Vendor Responsibility. NYS Finance Law 139 j & k, and the New

York State Tax Law Section, as well as other documents as needed. Failure to comply with the submission of required documents will be considered un-responsive and be just cause to disqualify a submission.

The Board of the Hudson River – Black River Regulating District reserves the right to waive any informalities or irregularities in the bids received, and to reject any, or all, bids.

Contract Conditional Award will be to the lowest responsive and responsible bidder.

Dated: June 18, 2025

By Order of:

Board of Hudson River – Black River Regulating District

Mr. Mark Finkle

Chair

Volume 1

Information for Bidders

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-1

6/17/2025 9:14 AM

INFORMATION FOR BIDDERS

I-1. Project Location

Old Forge Dam

Town of Webb

Herkimer County, New York

Latitude 43.7123° N Longitude -74.9690° W

Sixth Lake Dam

Town of Inlet

Hamilton County, New York

Latitude 43.7451° N Longitude -74.7823° W

The Project is located at Old Forge Dam at the western end of the First Lake in the Hamlet of Old

Forge, Town of Webb, Herkimer County, New York and Sixth Lake Dam at the southern end of the Sixth Lake in the Town of Inlet, Hamilton County, New York.

I-2 Site Access

Access to the project work site shall be provided by the Owner, State of New York, Hudson River

– Black River Regulating District (Regulating District).

I-3 Description of Work

The Old Forge Dam and Sixth Lake Dam Rehabilitation Project seeks to complete rehabilitation measures which will bringing the existing dams into compliance with respect to the New York

State Department of Environmental Conservation Dam Safety Regulations.

Work at Old Forge Dam shall include, but not be limited to, replacement and expansion of a concrete spillway, construction of a concrete gate enclosure, installation of new gates in the gate enclosure, and construction of a concrete downstream apron and training walls.

Primary Work of the Project at Old Forge Dam includes:

• Cofferdam – installation, maintenance, and removal of cofferdam structures

• Spillway – demolition of existing concrete spillway and construction of a concrete spillway,

• Dam – demolition of existing concrete dam and non-overflow wall,

• Outlet Structure – demolition of existing concrete outlet structure and construction of a concrete outlet structure,

• Outlet Gates - demolition of existing outlet gates, and furnish and install outlet gates,

• Discharge Conduit – construction of concrete discharge conduits,

• Retaining Walls – construction of concrete retaining walls,

• Discharge Chute and Apron – construction of concrete discharge chute and apron,

• Training Walls – construction of concrete training walls,

• Electrical Systems, Gate Operators, Emergency Generator, and Lighting – construction of outlet structure electrical system and lighting, outlet gate operators, back-up power system, D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-2

• Log Boom (Debris Boom) – Remove and store existing debris boom. Furnish and install new log boom and boom anchors,

• Wooden Bulkhead – demolition of existing wooden bulkhead and deck,

• Floating Aluminum Docks – furnish and install floating aluminum docks,

• Site Improvements – railings, signage, fencing, bollards, asphalt path, gravel parking area.

Work as Sixth Lake Dam shall include, but not be limited to, replacement and expansion of the

Sixth Lake Dam spillway, construction of a concrete gate enclosure, installation of new gates in the gate enclosure, and construction of a concrete downstream apron and training walls.

Primary Work of the Project at Sixth Lake Dam includes:

• Cofferdam – installation, maintenance, and removal of cofferdam structures

• Spillway – demolition of existing concrete spillway and construction of a concrete spillway,

• Dam – demolition of existing concrete dam and non-overflow wall,

• Outlet Structure – demolition of existing concrete outlet structure and construction of a concrete outlet structure,

• Outlet Gates - demolition of existing outlet gates, and furnish and install outlet gates,

• Approach Slab – construction of concrete approach slab,

• Retaining Walls – construction of concrete retaining walls,

• Discharge Chute and Apron – construction of concrete discharge chute and apron,

• Training Walls – construction of concrete training walls,

• Electrical Systems, Gate Operators, Emergency Generator, and Lighting – construction of outlet structure electrical system and lighting, outlet gate operators, back-up power system,

• Log Boom (Debris Boom) – Remove and store existing debris boom. Furnish and install new log boom and boom anchors.

• Site Improvements – railings, signage, fencing, bollards, gravel parking area.

The work to be performed under this project consists of providing all labor, equipment, and materials to provide the completed improvement as shown in the Contract Drawings and in the

Contract Material and Performance Specifications. The Contractor shall furnish all surveying, engineering, material, supplies, labor, services, supervision, tools, apparatus, conveyances, equipment, temporary buildings, transportation, fuel, consumables, incidental items, and supplies for accomplishing the work specified by this contract, except the materials and services for specifically named herein to be provided by the Owner.

The Work shall also include mobilization/demobilization, environmental protection, dewatering, selected demolition and material removal, surface preparation, excavation, staging and storing of materials and equipment, and establishment of temporary facilities.

The Work of this project shall be performed without interruption to river flow or river regulation.

Bidders shall make itself aware of potential river conditions and circumstance that may result in a need for temporary suspension of Work and take such circumstance into consideration during the formation of its Bid.

I-4. Mandatory Pre-Bid Site Meeting

All prospective Bidders shall attend a mandatory site visit at the project site. Prospective Bidders

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-3 shall submit the name and contact information of their Pre-Bid Site Meeting representative by email to the Regulating District: hrao@hrbrrd.ny.gov.

Bids received from contractors that do not attend the site visit will not be accepted.

I-5. Weather Delay

Bidders shall make itself aware of the potential river conditions and circumstance that may result in a temporary suspension of Work and take such circumstance into consideration during the formation of its Bid.

I-6. Schedule and Timing

Work is anticipated to begin October 2025. Maintaining and meeting this schedule is required by the Owner. Milestone dates are provided as follows:

Activity/Task Date

Submission of Pre-Bid Site Meeting Representative Information July 2, 2025; 3:00pm

Mandatory Pre-Bid Site Meeting July 9, 2025; 10:00am

Last Day to Submit Request for Clarifications August 4, 2025

Bids Received/Opened August 15, 2025; 11:00am

Notice of Conditional Award September 9, 2025

Contract Development / Execution September 9 – 26, 2025

Provide Performance and Payment Bonds to the Reg. District September 22, 2025

Contract Approval (Attorney General / Comptroller) September 26 – October 17, 2025

Notice to Proceed October 20, 2025

Work Plan Submittals Due October 22, 2025

Begin Mobilization October 27, 2025

Substantially Complete Work December 31, 2027

For Bidders to be considered responsive and responsible, Bidders will affirm their commitment to the schedule.

I-7. Bidder Qualifications and Experience

Bidders shall have an appropriate level of direct experience in performing dam rehabilitation construction and repairs, including, but not limited to, embankment dam, coffer dam, outlet gate, and bulkhead gate construction, consolidation grouting of dams and spillways, secant pile wall construction, and construction of water retaining structures.

Supervisors and/or Foremen shall have an appropriate level of experience performing supervisory work of this nature.

All Bidders are required to furnish a statement as to its qualifications and experience, and a sworn financial statement properly notarized, with its Bid. Resumes of the Supervisors and Foremen that the Bidder intends to use on the project shall also be submitted as part of the Bidders summary of qualifications.

Each Bidder shall include a short project description summarizing at least three (3) representative projects of similar work that the Bidder has completed within the past ten (10) years, with its Bid.

mailto:hrao@hrbrrd.ny.gov

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-4

Project description shall also include a summary of manpower and equipment used to perform the work and the name and phone number of an Owner reference familiar with the Work.

The Board may make such investigations as it deems necessary to determine the ability of the

Bidder to perform the work, and the Bidder shall furnish to the Board all such information and data for this purpose as the Board may request. The Board reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Board 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.

I-8. Preliminary Schedule, Adequate Work Force, and Adequate Project Equipment

It is required that the Work of this project be completed according to the schedule outlined in I-7.

In order for Bidders to be considered responsive and responsible, Bidders will affirm their commitment to the schedule, will provide a list of estimated project labor/work force, and a list of estimated project equipment to be used on this project.

Bidder shall submit an affirmation (B-9) of its commitment to the project schedule with its Bid.

Bidder shall submit a Preliminary Schedule (B-10) which identifies the timing, sequence, and duration of the primary items of work including delivery of Submittals and the items identified by the Payment Items.

If a subcontractor is proposed for this project, subcontractor shall provide written affirmation (B-

11) of its commitment to the schedule submitted by the Bidder and guaranteeing the timely, safe and efficient completion of Work for this project.

Bidder shall submit an Estimated Project Labor/Work Force (B-12) schedule including proposed supervisory personnel, operators, carpenters, laborers and others to be used on the Work.

Bidder shall submit an Estimated Project Equipment (B-13) schedule which specifically identifies the quantity and type of equipment anticipated for use on the Work with its Bid.

I-9. Subcontractors

The Bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Board. Proposed Subcontractor shall submit to the Bidder, for submission by Bidder as part of its bid, similar evidence of qualifications, experience, personnel experience, insurance, and business financial information.

I-10 Trade Subcontractors

The project involves the work of multiple trades in a single contract. Bidders must include in their bid a separate sealed list that names each intended trade subcontractor and their respective bid amount.

Trade Subcontractors for this bid include:

• Electrical

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-5

I-11. Clarifications, Interpretations and Addenda

The Hudson River – Black River Regulating District may modify this Invitation for Bid, any of its key action dates, or any of its attachments, prior to the date fixed for submission of Bids, by issuance of an addendum to all parties who have been furnished the Invitation for Bid. Addenda will be numbered consecutively.

No oral interpretations of the meaning of the Invitation for Bid documents will be made to any

Bidder, nor shall any oral interpretation of the same be used by any Bidder in the formulation of its

Bid. Every request for such interpretations should be in writing addressed to Robert S.

Foltan, P.E., Chief Engineer, Hudson River-Black River Regulating District, 54 State Street, Suite 501, Albany, New York 12207, and to be given consideration must be received according to the schedule provided in section I-7 Schedule and Timing.

Any, and all, such interpretations and any supplemental instructions will be in the form of written addenda to the Invitation for Bid which, if issued, will be delivered by e-mail to all prospective

Bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed as the Bid Package Due date. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under its Bid as submitted. All addenda so issued shall become part of the Invitation for Bid documents.

I-12. Estimated Quantities

The Bidder, by submitting its Bid, agrees that it is satisfied with and will at no time dispute the estimated quantities stated in the Bid as a proper means of comparing the Bids.

I-13. Errors and Omissions

If a Bidder discovers any ambiguity, conflict, discrepancy, omission or other error in the Invitation for Bid or any of its attachments, they shall immediately notify the Regulating District of such error in writing and request modification or clarification of the document. Modifications will be made by addendum. Clarification will be given by written notice to all parties who have been furnished an Invitation for Bid.

If a Bidder fails to notify the Regulating District of an error in the Invitation for Bid known to them, or an error that reasonably should have been known to them, prior to the date fixed for submission of a Bid they shall submit a Bid at their own risk, and if they are awarded the contract, they shall not be entitled to additional compensation or time extension by reason of the error or its later correction.

I-14. Bidder’s Cost

Costs for developing a Bid is entirely the responsibility of the Bidder and shall not be chargeable to the Regulating District.

I-15. Bid Security – Bid Bond

Each Bid must be accompanied by certified check from the Bidder or bid bond, made payable to the Owner, in an amount not less than five percent (5%) of the amount of the Bid.

A surety company licensed to do business in the state in which the project is located shall execute

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-6 bid bonds.

Where alternate items are included in the Bid, the amount of bid security shall be not less than five percent (5%) of the alternate, or combination of alternates, that result in the highest Bid.

The Bid security will be returned by the Owner to the Bidders entitled thereto as provided in this section.

The security of all but the three lowest formal Bidders will be returned within seven days after the day the Bids are opened.

The security of the three lowest Bidders will be returned upon the earliest to occur of: (a) the expiration of seven days after the Contract has been signed by the accepted Bidder and the Owner;

or (b) the expiration of seven days after a determination by the Owner to reject all Bids; or (c) upon demand of any Bidders other than the Bidder to whom the Contract is Awarded following the expiration of forty-five days from the date Bids are opened. The Owner reserves the right to retain bid security of the three lowest Bidders beyond the forty-five day period until withdrawal of a Bid by any of said Bidders.

I-16. Rejection of Bid

The Regulating District may reject any or all Bids and may waive any immaterial deviation in a

Bid. The Regulating District's waiver of an immaterial defect shall in no way modify the Invitation for Bid documents or excuse the Bidder from full compliance with the Invitation for Bid. A Bid referring to terms and conditions other than the Regulating District's terms and conditions, may be rejected as being non-responsive.

I-17. Cancellation

While it is the intent of the Hudson River – Black River Regulating District to proceed with the award of this work, this solicitation does not obligate the Hudson River Black River Regulating

District to enter into a contract. The Hudson River – Black River Regulating District reserves the right to cancel this Invitation for Bid at any time if the Regulating District should lose the required funding, or the Board finds it is in the best interest of the Regulating District to cancel the work.

No obligation either expressed or implied exists on the part of the Regulating District to make an award or to pay any costs incurred in the preparation or submission of a Bid.

I-18. Bid Disposition

Each Bid becomes the property of the Regulating District. Information submitted in the Bid becomes public property and may be subject to disclosure laws. The Regulating District reserves the right to make use of any information or ideas contained in submittals. All materials, ideas, and formats submitted in response to this Invitation for Bid will become the property of the Regulating

District on receipt and may be returned only at the Regulating District's option and at the Bidder’s expense. One copy shall be retained in the Regulating District’s official files. Information contained in a Bid which is confidential, such as financials, trade secrets or proprietary information, clearly marked confidential will be held confidential.

I-19. Condition of Work

Each Bidder must inform itself fully of the conditions relating to the project and the employment

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-7 of labor thereon. The Successful Bidder shall have informed itself fully of reservoir, water level, flow patterns, water release schedule, and water release conditions associated with the project and adjacent facilities. Failure to do so will not relieve Successful Bidder of its obligation to furnish all materials and labor necessary to carry out the provisions of the contract. Insofar as possible the

Successful Bidder, in carrying out its work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor or the Owner’s operation of the facility.

I-20. Water

No potable water is available at the site. Contractor shall be responsible for obtaining water required for its operations. Contractor shall be responsible for obtaining local and/or State water use or withdrawal permits, if required.

I-21. Surface and Subsurface Conditions and Investigations

It shall be the Contractor's obligation to satisfy itself as to the nature, character, quality, and quantity of surface and subsurface conditions likely to be encountered. Any reliance upon the surface and subsurface information made available by the Owner or the Engineer shall be at the Contractor's risk.

Certain surface and subsurface information may be shown on separate sheets or otherwise made available by the Owner or Engineer to Bidders, Contractors, and other interested parties. Neither such information nor the documents on which it may be shown shall be considered a part of the

Contract Documents, it being understood that such information is made available as a convenience, without express or implied representation, assurance, or guarantees that the information is adequate, complete, or correct, or that it presents a true representation of surface and subsurface conditions to be encountered, or that all pertinent surface and subsurface information in the possession of the

Owner or Engineer has been furnished.

Any holder of Contract Documents will be permitted to make test, test soundings, surface samples or similar investigation on the site of the Work, if it so desires, subject to its obtaining approval from the Owner prior to commencing such investigation. It is understood that the party or parties receiving such approval shall assume all risks and liability associated with such investigations.

I-22. Obligation of Bidder

At the time of the opening of Bids, each Bidder will be presumed to have visited the site and to have read and to be thoroughly familiar with the Bid Documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to its Bid.

I-23. Authorized Bid Documents

All Bidders shall refer to original, Board issued, Bid Documents in its formulation of a Bid. Bidders who submit a Bid and are not on the Board’s official list of recipients of Bid Documents shall have their Bids rejected.

Electronic copy of Bid Documents may be obtained from the New York State Contract Reporter at

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-8 http://www.nyscr.org/Public/Index.aspx

I-24. Bid Instructions

Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures. The following items must be fully completed and executed and submitted with the bid:

(a) Bid (B-1,2&3)

(b) Statement of Bidders Experience and Qualifications (B-4)

(c) Non-Collusive Bidding Certification (B-5&6)

(d) Resolution Accompanying Bid (B-7&8)

(e) Contractor Preliminary Schedule Affirmation (B-9)

(f) Preliminary Schedule of Work (B-10)

(g) Subcontractor Preliminary Schedule Affirmation (B-11)

(h) Estimated Project Labor/Work Force (B-12)

(i) Estimated Project Equipment (B-13)

(j) Bid Security (B-14)

(k) Statement of Surety’s Intent (B-15)

(l) MWBE/EEO/SDOVB Requirements and Procedures (B-16)

(m) Sexual Harassment Prevention Certification (B-17)

Pursuant to State Finance Law 139-L

(n) Vendor Responsibility Questionnaire (B-18)

(o) Offerer’s Affirmation of Understanding –

Finance Law Section 139-j (B-19)

(p) Offerer’s Certification of Compliance with

State Finance Law Section 139-k (B-20)

(q) Offerer Disclosure of Prior Non-Responsibility Determination (B-21)

(r) Certification of Compliance with 6 NYCRR Part 248 (B-22)

Each Bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, its address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

All Contract Documents, except separately bound Drawings, must be submitted with the Bid.

Contract Documents are defined in the General Conditions.

If a corporation makes the Bid, the official corporation name shall be given, and an authorized officer of the corporation shall sign the Bid, and affix the Bidders corporate seal. If the Bid is made by a partnership, the official name as it appears on the Assumed Name Certificate shall be given and a partner shall sign the Bid. If the Bid is made by a sole proprietorship, the individual owner shall sign the Bid.

All attachments, certifications or acknowledgments attached to the Bid shall be executed in the same manner as the Bid.

I-25. Receipt and Opening of Bids

The Hudson River-Black River Regulating District is requesting sealed bids for the Work as http://www.nyscr.org/Public/Index.aspx

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-9 described herein in accordance with the Invitation for Bid documents.

Sealed Bids shall be delivered to: Hudson River-Black River Regulating District, 54 State

Street, Suite 501, Albany, New York, 12207, attention Timothy Maniccia, Chief Fiscal Officer.

Bids shall be delivered no later than the date and time specified in the Advertisement - Notice to Bidders and at such time Bids will be publicly opened and read aloud. Bids received after the designated time and date shall be rejected.

The Board may consider informal any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered.

I-26. Discrepancy in Bids

In the event of a discrepancy in any Bid between the unit prices and the extended totals (Total

Amount), the unit prices shall govern. In the event there is a discrepancy in any Bid between the unit or lump sum prices written in figures and the unit or lump sum prices written in words, the unit or lump sum prices written in words shall govern.

I-27. Low Bidder

Bids will be compared based on the correct “Grand Total Bid” of the schedule of bid amounts comprising all items at the unit and lump sum prices bid for these items. The Low Bidder will be that Bidder which has the lowest “Grand Total Bid”.

I-28. Successful Bidder / Conditional Award of Contract

The Successful Bidder will be the Low Bidder, who, in the opinion of the Owner, is qualified to perform the Work required and has the experience necessary to complete the Work responsibly and reliably.

The Conditional Award of the Contract will be made to the Successful Bidder.

A written Notice of Conditional Award shall be made by a representative of the Regulating District authorized to make such awards. Formation of legally binding obligations between the Owner and

Bidder (Conditional Award) shall be made subject to Counsel, Board of Hudson River – Black

River Regulating District, Attorney General and Office of State Comptroller review and approval.

It is the intention of the Regulating District that the Conditional Award will be made within 45 calendar days after the opening of Bids.

Bids may not be withdrawn, altered, or revoked after the opening of the Bids.

A Bidder may withdraw its Bid prior to the opening of Bids and upon the Regulating District’s receipt of an unequivocal written statement that the Bidder is withdrawing its Bid. The Regulating

District reserves the right to reject any or all Bids.

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-10

I-29. Contract

The documents that comprise the Contract shall include the Invitation for Bid, Bid, Agreement and all documents referenced therein or attached thereto. The Successful Bidder will be required to sign an agreement which will consist of the agreement form, and applicable schedules and exhibits.

I-30. Commencement of Work

Upon execution and delivery of the Contract and delivery of the required Surety Bond(s) and insurance certificates and policies by the Successful Bidder to the Regulating District, hereafter referred to as the Owner, and after the approval thereof by the Owner’s attorney, the Successful

Bidder will be considered the project Contractor and will be notified to proceed with the Work of the Contract. The Work of the Contract shall be commenced within the number of consecutive calendar days following receipt of the Notice to Proceed of the Board as specified in the Notice to

Proceed.

The Contractor shall notify the Owner, in writing, of its intention to enter upon the site of the Work at least two (2) days in advance of such entrance.

I-31. Security for Faithful Performance – Performance Bond / Payment Bond

Simultaneously, with its delivery of the executed Contract, the Contractor shall furnish a Surety

Bond or Bonds as security for faithful performance (Performance Bond) of this Contract and for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract (Payment Bond), as specified in the General Conditions.

The surety on such Bonds shall be a duly authorized surety company satisfactory to the Board.

I-32. Statement of Surety Company

Each Bidder must obtain and submit the Statement of Surety’s Intent, completed and signed by a duly authorized surety company licensed to do business in the state in which the project is located, with its Bid for the Performance and Payment Bonds.

I-33. Liquidated Damages for Failure to Enter into Contract

The Successful Bidder shall forfeit the security deposited with its Bid to the Board as liquidated damages for failure or refusal to execute and deliver the required Contract, bonds, and insurance certificates and policies, as stipulated in the Notice of Award, after having received such notice.

I-34. Power of Attorney

Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file a certified and effectively dated copy of their power of attorney with each bond.

I-35. Indemnification

To the fullest extent permitted by law, the Contractor shall defend, indemnify, hold harmless and protect the State of New York, the Board of Hudson River - Black River Regulating District, their officers, employees, representatives, and agents from and against any and all liability, loss, damage, expense, cost (including without limitation to costs and fees of litigation) of every nature arising

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-11 out of or in connection with Contractor’s (any subconsultant, anyone directly or indirectly employed by anyone for whose acts any of them may be liable) performance of this work hereunder or failure to comply with any of its obligations contained in the agreement, except to the extent that such loss or damage which was caused by the negligence or willful misconduct of the Regulating

District.

I-36. Insurance

36.1 General Requirements

The Contractor shall, at its expense, purchase and maintain in full force and effect, for the duration of the contract, such primary insurance as will, to the fullest extent permitted by law, protect itself, the Regulating District, the State of New York, and the Department of Environmental Conservation from and against liability, loss, damage, expense, cost (including without limitation to costs and fees of litigation) out of or in connection with the performance of the work hereunder whether such work is performed by the Contractor, any subconsultant, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be held liable.

Maintenance of proper insurance coverage is a material element of this contract. Failure of the

Contractor to maintain or renew coverage or to provide evidence of renewal or successor policy may be treated by the Regulating District as a material breach of contract.

Contractor shall either include all subcontractors as insureds under its policies or shall furnish separate certificates of insurance.

Insurance is to be placed with New York admitted insurers with a current A.M. Best’s rating of no less than A.

The Regulating District reserves the right to review and approve of insurance provided by the

Contractor.

Approval of insurance submitted by the Contractor shall not relieve or decrease the extent to which the Contractor may be held responsible for payment of damages resulting from equipment materials, operations or services provided by the Contractor pursuant to this contract.

36.2 Documents

The Contractor shall submit insurance policy certificates or endorsements or insurance policy declaration pages within 5 days of the date of the Notice of Conditional Award, for each required insurance wherein:

Producer (agent/broker) is named and producer’s address and phone number is provided on the insurance documents.

Policy Period (coverage begins and ends), policy limits, deductibles, self-insured retentions and policy numbers are provided.

Name of the project, location and agreement or contract or purchase order number is/are identified.

Endorsements shall name as additional insured: Certificate Holder, "Hudson River - Black River

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-12

Regulating District, its Board, their officers, employees, representatives, agents”; “State of New

York”; and “New York State Department of Environmental Conservation.”

Certificates and Endorsements shall state that the insurance provided is primary and not contributory to any insurance or self-insurance maintained by the Regulating District.

36.3 Coverage

See Section 12.01 – Insurance and Bonds of the General Conditions.

I-37. Notice of Special Conditions

The Bidder shall take notice of the following special conditions of this IFB:

The Work associated with this Information For Bidders and the Scope of Services provided by the

Contractor are considered a public work project and contract, and subject to the requirements of

New York State Labor Law Article 8, Section 220-223 and Article 9, Section 230-239.

I-38. Laws and Regulations

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

I-39. Environmental Conditions and Protection

Contractor shall employ all means necessary to protect the environment at the site. No debris, oil, silt, sediment, or other deleterious matter shall be allowed to enter the water or remain onsite after completion of the Work. Protection of the environment shall be in accordance with the Contract

Documents including, but not limited to, Section 015719 and Section 312513.

I-40. Site/Facility Security

Contractor to maintain Site/Facility Security at all times. All fencing, gates, signage, locks and lighting shall be maintained. Secure Outlet Structure daily or when Contractor is not on site. Locks shall be double locked to allow Regulating District Personnel full access to site.

I-41. Sales and Compensating Use Tax Exemption for Materials Sold to Board

The Board is exempt from payment of sales and compensating use taxes of the State of New York and of cities and counties on all supplies and materials sold to the Board pursuant to this Contract.

The exemption does not, however, apply to tools, machinery, equipment or other property leased by or to the Contractor or a Subcontractor or to the supplies and materials not incorporated into the completed project. The Contractor, and his Subcontractors, shall be responsible for any and all applicable taxes, including sales and compensating use taxes, on such leased tools, machinery, equipment, and other property.

I-42. Sales and Compensating Use Tax for Materials Purchased for Resale

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-13

The purchase by the Contractor or by Subcontractors of supplies and materials sold hereunder will be a purchase for resale and therefore not subject to the New York State Sales or Compensating

Use Taxes or any such taxes of cities or counties. The Contractor or Subcontractor, at the request of the Board, shall furnish to the Board such bills of sale and other instruments as may be required by it, properly executed, acknowledged and delivered, assuring to it title to such supplies and materials free of encumbrances. The Contractor or Subcontractor shall mark or otherwise identify all such supplies and materials as the property of the Board. All Subcontractor agreements shall provide for resale of such supplies and materials prior to and separated and apart from the incorporation of such supplies and materials into the Work.

I-43. Required Certificates

The Contractor and its Subcontractors and material suppliers are required to obtain all necessary exemption certificates from the Board and to furnish a resale certificate to all persons, firms or corporations from whom they purchased the supplies and materials in performance of the work under this contract.

I-44. Non-Collusive Bidding Certification

All Bidders are subject to provisions of Section 103A of the General Municipal Law of the State of New York. A signed non-collusive certification is required to be submitted with each bid in the form specified in the Bid Documents.

I-45. Resolution Accompanying Bid

All corporate Bidders are required to submit a completed, signed, corporate resolution certification, with each Bid, in the form specified in the Bid Documents.

I-46. NYS Department of Taxation and Finance Contractor Certification

Contractor as well as all subcontractors if applicable, will be required to complete and submit form

ST-220 pursuant to Section 5-a of the Tax Law. Certification Form ST-220 is a required component of the Regulating District’s submission to the Office of the State comptroller for contract approval.

I-47. NYS Finance Law and Vendor Responsibility

This procurement is subject to the New York State Finance Law 139 j & k, aka, the Lobbying Law.

Therefore, vendors are cautioned that the only permissible contact for this procurement is the persons listed herein. Failure to comply with this requirement can range from no contract award to debarment from sale to any NYS agency.

Bidders are required to complete and submit documents related to Vendor Responsibility, NYS

Finance Law 139 j & k, and the New York State Tax Law Section, as well as other documents as needed. Failure to comply with the submission of required documents will be considered un-responsive and be just cause to disqualify a submission.

I-48. Standard Requirements for New York State Contracts

The following documents and forms will be part of any contract entered into between the Successful

Bidder and the Hudson River- Black River Regulating District.

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-14

• Agreement

• Waiver of Immunity Clause

• Non-Discrimination Clause

• Bid Documents

• Appendix A: Standard Clauses for NYS Contracts

• Minority and Women-owned Business Enterprises (MWBE)/Equal Employment

Opportunity(EEO)/Service-Disabled Veteran-Owned Business (SDVOB) Requirements

• Sexual Harassment Prevention Certification Pursuant to State Finance Law 139-L

• New York State Labor Law Requirements Article 8 (Section 220-223), Article 9 (Section

230-239)

• Vendor Responsibility Questionnaire

• Offerer’s Affirmation of Understanding of and Agreement pursuant to State Finance Law

§139-J

• Offerer’s Certification of Compliance with State Finance Law Section 139-k

• Offerer Disclosure of Prior Non-Responsibility Determination

• Contractor Certification ST-220

• Tax Payer Identification Number Form W-9

• Certification of Compliance with 6 NYCRR Part 248

• Insurance Certificates

• Performance Bond

• Payment Bond

Additional forms or documents may be required as part of this contract.

I-49 MWBE / EEO / SDVOB Goals

For purposes of this procurement, Hudson River-Black River Regulating District has set specific goals for participation by Minority and Women-owned Business Enterprises (MWBE) and Service-

Disabled Veteran-Owned Businesses (SDVOBs) as subcontractors, service providers, and suppliers to Contractor.

I-50 Sexual Harassment Prevention Certification Requirements

Each bidder shall certify that it has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. If the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification.

I-51 Owner Exempt from Taxes

The Owner is exempt from the payment of sales and compensating use taxes of the State, Counties, and Cities of New York, on all materials incorporated in the work or sold to the Owner, and should not be included in the bid. Purchases of materials, equipment, and supplies, by the Contractor and its Subcontractors, that are to be sold to the Owner pursuant to this contract, including tangible personal property to be incorporated in any structure, building or other real property forming part of the Work, are also exempt from such taxes.

D012025 Old Forge Dam and Sixth Lake Dam Rehabilitation I-15

I-52 Certification of Compliance with 6 NYCRR Part 248 – Use of Ultra Low Sulfur Diesel and Best

Available Retrofit Technology for Heavy Duty Vehicles

Each bidder shall comply with the requirements of 6 NYCRR Part 248 including the submission of a Vehicle Inventory with its bid. The Contractor, and its subcontractor(s), shall comply with the requirements of 6 NYCRR Part 248 including the submission of an Annual Report and Vehicle

Inventory.

I-53 Permits

The following permits have been,…