ITB-EF-2503_rev1.pdf

Kenneth W. Jenkins, Westchester County Executive

Information for Bidders General and Special Clauses Proposals and Contract Item Specifications

SEWER SYSTEM ON CALL CLEANING AND TELEVISING

WESTCHESTER COUNTY SEWER DISTRICTS

VARIOUS LOCATIONS THROUGHOUT

WESTCHESTER COUNTY, NEW YORK

Start date: September 1, 2025

Completion: August 31, 2028

Contract No. EF-2503

Bid Opening: Aug 13, 2025

By Bidder (Please Print) For Official Use Only

Firm/Business Name:

Address:

DEPARTMENT OF ENVIRONMENTAL FACILITIES

Contract No. EF–2503

SPECIAL NOTICE

SN-1

Department of Environmental Facilities

County of Westchester New York

Special Notice 1.doc

BID DOCUMENTS, ADDENDA TO THE BID DOCUMENTS & SUBMISSION OF BIDS

BID DOCUMENTS

Bid documents can be downloaded at no cost from the Empire State Purchasing Group Website at the following web address (http://www.bidnetdirect.com/new-york).

There is no charge to download the bid documents.

ADDENDA TO THE BID DOCUMENTS

Addenda to the Bid Documents will be published on Empire State Purchasing Group Website at the following web address (http://www.bidnetdirect.com/new-york). It is the responsibility of each potential bidder to check the website on a regular basis for further information relative to the bid documents including information relating to any and all addenda prior to submitting its bid. All Bidders are deemed to have reviewed and considered all addendums in their Bid.

SUBMISSION OF BIDS

Bidders should not submit the entire bid documents with its bid submission. Instead, each bidder is required to submit the full set of designated Proposal Pages. The Proposal Pages are titled on the bottom as “Proposal Page ___”. The Proposal Pages must be accompanied by the “Bid Bond and Consent of Surety” (as set forth in the Proposal Pages) attached to the outside of the sealed bid. Failure to submit in this manner may cause the bid to be rejected.

The successful bidder will be required to furnish a Performance and Payment Bond.

Contract No. EF– 2503

SN-2

Department of Environmental Facilities

1. CONTRACT MANAGEMENT ** Not Applicable to This Contract **

1.0 Prior to providing maintenance service or emergency work under the provisions of this Contract, the Contractor shall be responsible for completing a pre-approved Attendance Log Book, under the direct supervision of each Site Inspector, both at the start and completion of his work day (see Special Clauses Article 14 “Contractor’s Daily Work Report Forms”). In addition, the Contactor shall be responsible for completing a Company Service Ticket (pre-approved) indicating the type of services performed, number of servicemen, and hours for each service day spent at the site.

This Service Ticket must be completed by the Contractor at the time services are rendered and include sign-off by the Site Inspector or other County authorized personnel and kept in the Attendance Log Book located at each facility. Failure by the Contractor to complete this Service Ticket, with an authorized site personnel signature, will forfeit any claims the Contractor may make for payment of any Equipment Item as bid for in the Proposal Pages (See Special Clauses Article 10 “Payments for Work Performed”).

2.0 Failure by the Contractor to perform any semi or annual inspections/service of Equipment Items, as bid for in the Proposal Pages, will constitute non-compliance with the Contract Specifications as described herein. In addition to the above, forfeiture of payment under the Equipment Item bid for in Proposal Pages, the county may assess a total charge of One Hundred Dollars ($100.00) for each consecutive day, Saturdays, Sundays and holidays included, for failing to complete the specified work. Furthermore, at the discretion of the County, the Contractor may be required to pay engineering charges and the expenses incurred by the Owner to have the service work completed by another firm, above and beyond the dollar amounts extracted above.

3.0 Invoices for work completed shall be submitted quarterly to Westchester County DEF, 6TH Fl, 270

North Ave, New Rochelle, NY 10801.

4.0 The successful Contractor will be responsible for providing the County with a maintenance service schedule for all equipment listed in the Proposal Pages (for Approval by the County), prior to the pre-service meeting, which is to be arranged by the County within 30 days following executed contracts.

5.0 Contractor shall provide the normal hourly rate (Monday through Friday 8:00AM-4:00PM) and premium hourly rate (Monday through Friday 4:00PM-8:00AM and Saturday/Sunday/Holidays) for the life of the Contract within their Bid Proposal at the bid opening.

SN-3

Department of Environmental Facilities

2. PRE-BID SITE AND EQUIPMENT INSPECTION

a. Superseding the first paragraph of Article 8 of the Information for Bidders, bidders are invited to attend a General Meeting to discuss and have questions answered pertaining to the Contract.

** Not Applicable to This Contract **

b. Bidders may schedule a site visit by contacting the following County Personnel listed below:

Maria Zuluaga, P.E. Associate Engineer, (914) 813-5477 e-mail: mczz@westchestercountyny.gov Lona Davis, Asst. Engineer, (914) 813-5409 email: lkd2@westchestercountyny.gov ** Not Applicable to This Contract **

c. It is presumed and expected that all prospective Bidders will make their own inspection of the sites of the proposed work. A complete listing of the locations is given separately under Contract Item Specifications. Bidders shall solicit permission to visit these sites by first telephoning the appropriate County Personnel for each Facility as listed above.

3. BID REQUIREMENTS

a) All bid items listed on the Proposal Pages shall be completed. Any and all bids received incomplete will be deemed “informal” and the bid will be rejected.

b) Each bidder shall submit with his proposal, a detailed summary, in typed form, of his past and present experience including job references, present qualifications, and maintenance/service/ supervisory/labor personnel.

c) After the submission of his bid, no Bidder may claim any misunderstanding of the terms, conditions or scope of the proposed work.

d) The executed Bid Bond and Consent of Surety - Proposal Page 10 must be attached to the outside of the sealed bid. Failure to submit in this manner will cause the bid to be rejected.

mailto:mczz@westchestercountyny.gov mailto:lkd2@westchestercountyny.gov

SPECIAL NOTICE SN-4

CONTRACTOR SPECIAL NOTICE

Department of Environmental Facilities Environmental Management System Requirements

General The Contractor is responsible for complying and ensuring that all the Contractor’s subcontractors comply with all federal, state, and local environmental and health and safety legal requirements.

The Contractor recognizes that the Department of Environmental Facilities (DEF) has an Environmental Management System (EnvMS) that includes DEF’s Wastewater Treatment Plants (WWTPs), Solid Waste facilities, water treatment facilities, and related facilities and shall conform to and ensure the conformance of all of the Contractor’s subcontractors (subcontractors) to the DEF Environmental Policy (Policy), all EnvMS associated procedures and protocols, and the requirements of this Special Notice. This includes the requirement to participate in the corrective action process, including attendance at meetings should activities in which the Contractor is involved result in a deviation from the Policy or the requirements of the EnvMS. Depending on the seriousness of the deviation, this may include participation in full root cause analysis.

Training Prior to performing work the project superintendent, project manager and all responsible foremen for the Contractor and subcontractors shall attend a required 45-minute training session on EnvMS requirements provided by DEF Personnel. The Contractor shall ensure the attendance of these staff. The training may occur at the facility or at another location. The Contractor shall ensure that a minimum of one person who has participated in the EnvMS training is available on-site at all times that the Contractor’s personnel or subcontractors are on-site.

The Contractor shall ensure that all employees and subcontractor employees working at any DEF facility are trained on the requirements of the EnvMS relevant to their work and shall keep records of training on site. The initial training for superintendents, project managers and foremen may be video taped by the Contractor for subsequent training of all Contractor’s employees and subcontractor employees.

Records of training shall be kept by the contractor and made available to DEF, upon request.

Competency The Contractor shall ensure employees and subcontractors are capable, based on training, education, licensing, and/or experience, to perform tasks that can impact the

SPECIAL NOTICE SN-5

environment. The Contractor shall maintain records of competency and make these records available to DEF upon request.

Project Coordination The Contractor shall designate a staff member who will be responsible for the oversight of EnvMS project requirements and to work as a liaison with the plant Superintendent or facility operator. This person, or their properly qualified designee, must be available anytime the Contractor’s personnel or subcontractors are on-site performing work.

Working Environment In addition to the hazards typically found on construction and industrial sites, the following specific hazards are present at the WWTPs and water treatment facilities.

Hazards Yonkers

Port C hester

Peekskill

O ssining

N ew

R ochelle

M am aroneck

Blind Brook

Shaft 22

Kensico D am

G ate of

H eaven

Digester Gas (consists mostly of methane – the primary component of natural gas)

X X

Natural Gas X X X X Propane X X X Oxygen X Class 1, Division 1 Explosion Proof Areas

X X X X X X X

Confined Spaces X X X X X X X Chemical Storage/Hazardous Materials

X X X X X X X X X X

Hydrogen Sulfide X X X X X X X High Pressure Lines X X X X X X X Open Tanks / Drowning Hazards

X X X X X X X

Ladders, Platforms & Slippery Surfaces

X X X X X X X X X X

High Voltage Electrical Systems

X X X X X X X

Potential Exposure to Blood Borne Pathogens

X X X X X X X

Automatic Equipment X X X X X X X Chlorine Gas X

SPECIAL NOTICE SN-6

Other DEF facilities (transfer stations, pump stations) may have these same or similar hazards.

The Contractor and subcontractors shall plan work appropriately for this environment and the specific location(s) where work is anticipated and implement the necessary health and safety precautions including, but not limited to, the use of proper equipment, including non-sparking tools, proper personal protective equipment (PPE) and monitoring equipment, and compliance with contractor Confined Space Entry and Lock-out / Tag-out programs.

Health and Safety Plan The contractor shall develop a health and safety plan (plan) specific to the facility and the work planned and shall ensure that all work is performed in conformance with the plan. The contractor shall ensure that the plan addresses all relevant hazards including, but not limited to, the aforementioned hazards. The plan must be kept on site at the facility when work is being performed and must be made available to DEF personnel upon request.

Health and Safety Compliance Monitoring An expert provided by the Contractor will monitor the Contractor and subcontractor compliance with all applicable health and safety regulations and the health and safety plan on an ongoing basis while the Contractor and subcontractors are performing work at any DEF facility. Monitoring shall be performed in accordance with the health and safety requirements in the project specifications. The Contractor shall ensure that all employees and subcontractors cooperate with the expert. The expert will document results of the monitoring and provide the results to the Contractor on an ongoing basis.

The Contractor shall correct all health and safety non-compliances identified by the independent expert in a timely fashion. The monitoring results and any corrective actions taken shall be provided to DEF’s representative on site.

Plant Equipment and Control of Hazardous Energy All DEF sites are working facilities that must function at all times so as to meet regulatory obligations. The Contractor shall receive prior authorization from the WWTP Superintendent, the Supervisor of Operations, Chief Operator (water districts) facility manager (solid waste) if any planned activities of the Contractor or Contractor’s subcontractor could interfere with the operation of the DEF facility, involve the use of plant or facility equipment, or require taking plant or facility equipment on or off line.

The contractor shall not proceed without expressed authorization by same. DEF reserves the right to rescind authorization for the Contractor to use, work on, or otherwise render inoperable, any piece of equipment if needed for the operation of the plant or facility.

SPECIAL NOTICE SN-7

The Contractor shall be responsible for ensuring control of hazardous energy (lock-out/tag-out) for all contractor and subcontractor activities. Contractor shall coordinate taking plant equipment off line and putting it back on line with the Plant Superintendent or the Supervisor of Operations, Chief Operator (water districts) or facility manager (solid waste). Only authorized DEF personnel shall take plant equipment off line or place it back on line. Plant equipment includes, but is not limited to, all gates, valves, pumps, electrical panels, solid waste facilities, water and wastewater treatment, and associated equipment.

Odor Notification The Contractor shall notify the WWTP Superintendent, Supervisor of Operations, Chief Operator (water districts) facility manager (solid waste) or ISO Coordinator 24 hrs prior to the initiation of activities that have the potential to cause odors in excess of those associated with normal operations.

Odor Control The Contractor and subcontractors shall comply with all EnvMS odor control requirements. WWTP doors must be kept closed at all times except for entry or exit of personnel and equipment. Open periods shall be minimized to the greatest extent possible. Doors shall not be propped open or held open without the expressed approval of the WWTP Superintendent or the Supervisor of Operations.

For activities with the potential to cause odors in excess of those associated with normal operations, the contractor shall plan and implement appropriate odor abatement controls.

Demolition Contractor shall implement a methodology to tag or mark all equipment and piping prior to demolition. All contractor and subcontractor employees responsible for demolition activities shall be trained on the methodology. Prior to demolition, marked or tagged equipment scheduled for demolition shall be reviewed with DEF’s representative on site.

Stormwater Management, Soil Erosion and Sediment Control Activities The Contractor shall comply strictly with all Soil Erosion and Sediment Control project specifications; stormwater permit requirements, if a permit is required; and regulatory requirements including the New York Standards and Specifications for Erosion and Sediment Control and the County of Westchester Best Management Practices for Reducing Nitrogen and Other Stormwater Pollutants.

Soil Erosion and Sediment Controls shall include, but are not limited to, the following:

SPECIAL NOTICE SN-8

− Proper installation and use of erosion and sediment capture devices, i.e. silt fences and hay bales

− Protection of storm drain inlets − Proper and timely backfilling and stabilization of trench excavation − Inspections of discharge points − Proper maintenance of erosion and sediment capture devices − Regular inspections of controls by qualified Contractor staff − Use of phosphorus containing fertilizers only in conformance with County requirements.

The Contractor shall be subject to Erosion and Sediment Control Inspections by DEF personnel.

Spills Prevention, Control and Response Procedures Contractor and subcontractors shall have written spill response procedures that conform to DEF requirements. The Contractor’s and subcontractors’ supervisory personnel will be trained in the facility’s Spill Prevention, Control and Response Procedures Requirements during the 45-minute EnvMS training session. Contractors and subcontractors shall ensure that these requirements are complied with and that their on-site employees are properly trained in spill prevention, control and response, and conformance with their spill response procedures. Contractor and subcontractors shall have a copy of these procedures available on site. The Contractor shall have appropriate spill clean-up equipment on site at all times.

In the event of a spill, the Contractor and subcontractors shall immediately respond to the spill in conformance with their spill procedures and as soon as possible report the spill to the main office.

The Contractor is responsible for proper clean-up and disposal of waste materials generated by any spill resulting from their activities.

Vehicle and Equipment Control The Contractor and subcontractors shall ensure all vehicles and equipment are properly maintained and free of leaks. Contractor and subcontractors shall not perform fueling or maintenance of vehicles and equipment onsite without the expressed approval of the WWTP Superintendent or Supervisor of Operations, Chief Operator (water districts), or facility manager (solid waste). Contractor and subcontractors shall ensure vehicles comply with Westchester County idling restrictions and do not idle unnecessarily. The Contractor and subcontractors shall ensure all fuel used is ultra low sulfur in content.

SPECIAL NOTICE SN-9

Good Housekeeping/Chemicals, Petroleum and Hazardous Materials Management The Contractor and subcontractors shall demonstrate good housekeeping practices and perform daily site clean-ups at the work site. The work site shall be subject to inspections by DEF Personnel.

The Contractor and subcontractors shall properly store and use all petroleum, chemicals and hazardous materials. This shall include but is not limited to use of proper secondary containment and protection from precipitation. Storage locations shall be pre-approved by the WWTP Superintendent, Supervisor of Operations, Chief Operator (water districts) or facility manager (solid waste) or ISO Coordinator.

The Contractor shall provide all Material Safety Data Sheets (MSDS) for all petroleum, chemicals and hazardous materials used at the work site to DEF prior to bringing same on site and shall maintain all MSDS on site. DEF reserves the right to forbid any material from being brought on site.

At the completion of work, the Contractor shall remove any staged materials, petroleum, chemicals, and hazardous materials remaining from the project, whether a result of contractor or subcontractor activities. Staged materials, petroleum, chemicals, and hazardous materials may remain with the expressed written approval of the WWTP Superintendent or Supervisor of Operations, Chief operator (water districts) facility manager (solid waste).

Waste Management and Minimization The Contractor and subcontractors shall dispose of waste in a manner that meets all applicable laws and regulations including Westchester County Source Separation Law (Chapter 825). Contractors shall make every effort to minimize waste production during construction operations. Contractors and subcontractors shall not bring waste onsite and may not dispose of waste onsite or in DEF receptacles without the expressed approval of DEF

Mercury Containing Devices The Contractor shall ensure no mercury containing devices are installed. Any mercury devices removed by the Contractor or subcontractors shall be disposed of legally by the Contractor and records of disposal shall be provided to the facility.

Energy Efficiency and Environmentally Preferable Products With the exception of exterior lighting and historic lighting at the South Yonkers CSO and the Mamaroneck WWTP, the Contractor shall ensure incandescent bulbs are not installed or used.

SPECIAL NOTICE SN-10

The contractor shall:

− select energy star equipment or equipment within the upper 25 percent of energy efficiency as designated by the United States Federal Energy Management Program

− select environmentally preferable products − utilize environmentally preferable cleaning products if the prices of the equipment and products are reasonably competitive and the quality is adequate for the purpose intended.

The contractor shall ensure Styrofoam products are not utilized and shall request non- Styrofoam packaging for equipment and products.

Landscaping When selecting plantings, the Contractor shall ensure plantings native to Westchester County are utilized. If no native species are appropriate, the Contractor shall ensure the planting of noninvasive species.

Pesticide Ban The Contractor shall ensure pesticides that are banned under Westchester County Law (Chapter 690) are not utilized at the work site.

Change to Environmental Project Design Specification The Contractor shall receive approval from an authorized County representative prior to making any modifications that affect environmental project specifications due to field conditions.

Third Party Audit The EnvMS is certified to ISO 14001. The certification requires that a yearly third party audit be performed. The Contractor shall ensure that all employees cooperate with the third party auditor, answer questions put to them by the auditor, and make records required as part of this special notice available to the auditor, as requested.

SPECIAL NOTICE SN-11

Contract No. EF–2503

SN-12

Department of Environmental Facilities

County of Westchester New York

Special Notice 3.doc

ULTRA LOW SULFUR DIESEL FUEL

A. Contractors and Subcontractors operating onroad and nonroad vehicles to perform County work must power those vehicles with ultra low sulfur diesel fuel. Ultra low sulfur diesel fuel is any diesel fuel that has a sulfur content of no more than fifteen parts per million.

B. In addition, all onroad and nonroad diesel vehicles used to perform County work and equipped with a model year 2003 or older engine shall utilize the best available technology in accordance with the following schedule:

a) effective September 1, 2007 - 35% of all such motor vehicles used on this project;

b) effective September 1, 2008 - 65% of all such motor vehicles used on this project;

c) effective September 1, 2009 - 100% of all such motor vehicles used on this project.

C. All onroad and nonroad diesel vehicles to perform County work having a gross vehicle weight rating of more than 14,000 pounds shall utilize the best available technology or be equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency (“EPA”) standard for particulate matter as set forth in Section 86.007-11 of Title 40 of the Code of Federal Regulations or to any subsequent EPA standard for such pollutant that is at least as stringent, in accordance with the following schedule:

a) by September 1, 2007 - 35% of all such motor vehicles;

b) by September 1, 2008 - 65% of all such motor vehicles;

c) by September 1, 2009 - 100% of all such motor vehicles

D. 1. Each and every Contractor and all subcontractors must keep individual logs setting forth the date of purchase, the name and address of the vendor and the quantity of low sulfur diesel fuel (15 ppm Sulfur Maximum) purchased.

2. Each and every Contractor and all subcontractors must complete the affidavit form and log in General Clauses Pages 17-18. These forms must be submitted at least monthly and with each payment request.

FOR FURTHER DETAILS SEE ARTICLE-32. ULTRA LOW SULFUR DIESEL FUEL OF

THE GENERAL CLAUSES ON PAGE 15-16.

SN-13

Department of Environmental Facilities

PROMPT EXECUTION AND RETURN OF CONTRACT

A. The successful bidder is required to return the completed contract to the County within ten (10) days of receipt of the execution copy of the contract. The contract must be signed, notarized and returned to the County with all insurance certificates, bonds and supporting documentation.

B. The County reserves all of its rights, including, but not limited to, proceeding against the bid bond, if the successful bidder fails to submit the complete package within the above time frame.

SN-14

Department of Environmental Facilities

PREVAILING WAGE RATE REQUIREMENT

The Prevailing Wage Law was recently amended in August 2007 and became effective on February 24, 2008, to include, among other items, the requirements noted below. These provisions impose additional responsibilities upon you and your subcontractors.

A. Pursuant to New York Labor Law § 220(3-a)(a),the Contractor and subcontractors are required to provide written notice to all laborers, workers or mechanics, on each pay stub, of the prevailing wage rate for their particular job classification.

B. Labor Law 220(3-a)(a) also requires that the Contractor and subcontractors post a Notice at the beginning of the performance of every public works contract on each job site. The Notice must include the telephone number and address for the New York State Department of Labor (“NYSDOL”) as well as a statement informing laborers, workers or mechanics of their right to contact the NYSDOL if they are not receiving their proper prevailing rate of wages and/or supplements for their particular job classification.

C. If, after investigation, it is found that the Contractor or subcontractor has: (1) failed to post any notice required under this law; (2) failed to set forth the prevailing wage on the pay stub; (3) willfully posted the incorrect prevailing wage; or (4) willfully set for the incorrect prevailing wage on the pay stub, said contractor or subcontractor shall be assessed a civil penalty.

The requirements listed above summarize the key elements of the recent amendment to Labor Law 220 and is not intended to be a complete or comprehensive guide to compliance with the law. Please be sure to familiarize yourself with all of the provisions of Labor Law § 220 prior to commencing work.

SN-15

Department of Environmental Facilities

“REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY”

Bidders must complete the Required Disclosure of Relationships to County form:

The Required Disclosure of Relationships to County form is located on Proposal Pages 17.

Note: Be sure to sign the form. The form must be completed prior to the award of the contract.

SN-16

Department of Environmental Facilities

CONTRACTOR DISCLOSURE STATEMENT

A. Bidders for the following Contracts must complete the Contractor Disclosure Statement:

Contract No.

EF– 2503

B. The Contractor Disclosure Statement starts on Proposal Page 21. Instructions to assist you in completing this document are located on Proposal Pages 18-19. Be sure to answer all questions and sign the Oath on Proposal Page 26.

Note: The signature must be notarized.

C. Please denote by an X or √ the applicable submission. See Proposal Page 20.

Be sure to sign the “No Change Affidavit”, if applicable. The “No Change Affidavit” is located on the bottom on Proposal Page 20.

D. Failure to complete the Contractor Disclosure Statement may result in the rejection of your bid.

NC-1

NOTICE TO CONTRACTORS

Sealed proposals for the following work:

CONTRACT NO. EF-2503

Advertising: July 24, 2025 PRE BID INSPECTION: None Scheduled

SEWER SYSTEM ON CALL CLEANING AND TELEVISING

WESTCHESTER COUNTY SEWER DISTRICTS

VARIOUS LOCATIONS THROUGHOUT

WESTCHESTER COUNTY, New York

Will be received by the Board of Acquisition & Contract in Room 104, Michaelian Office Building, 148 Martine Ave, White Plains, New York 10601, until 11:00 A.M., Local Time on Wednesday, August 13, 2025 and immediately thereafter, the bids will be opened publicly and read aloud in Room 527 of said building. For additional bidding information or questions, please call the Department of Environmental Facilities at (914) 813-5477.

Instructions for livestreaming via WebEx. Attendees may join by computer browser at https://westchestergov.webex.com/meet/bac- bid opening or by phone 1-415-655-0001 US Toll or 1-844-621-3956 US Toll Free. The Access Code is 614 981 028.

The Bid Documents (General Clauses, Information for Bidders, Contract Item Specifications, etc.

with Authorized Proposal Pages) MUST BE OBTAINED at no cost on the Empire State Purchasing Group website at the following web address: (http://www.bidnetdirect.com/new-york), after 1:00 p.m. on the advertising date. There is no cost to the bidder for this service.

PLEASE TAKE NOTICE: IN ORDER TO SUBMIT A BID, BIDDERS MUST REGISTER AND DOWNLOAD THE BID DOCUMENTS FROM THE EMPIRE STATE PURCHASING GROUP WEBSITE AND MUST REGISTER USING THE NAME OF THE PERSON OR BUSINESS ENTITY THAT WILL BE SUBMITTING THE BID. IN ORDER TO ENSURE THAT COUNTY BID DOCUMENTS HAVE NOT BEEN ALTERED IN ANY WAY, THE COUNTY WILL NOT ACCEPT BIDS FROM PERSONS

OR BUSINESS ENTITIES THAT HAVE NOT FOLLOWED THIS REQUIREMENT.

Each bidder is required to submit the full set of authorized Proposal pages, and the bid must also be accompanied by the “Bid Bond and Consent of Surety” - Proposal Page 10, attached to the outside of the sealed bid. Failure to submit in this manner will cause the bid to be rejected. The successful bidder will be required to furnish a Performance Bond for thirty (30) percent of the total amount Bid.

The County reserves the right to waive any informalities in the bids or to reject any or all bids. No bidder may withdraw his bid except by written request submitted at least twenty-four (24) hours before the time of opening or until the lapse of forty-five (45) days after the actual opening thereof.

Pursuant to Section 308.01 of the Laws of the County of Westchester, it is the goal of the County to use its best efforts to encourage, promote and increase the participation of business enterprises owned and controlled by persons of color or women - Minority Business Enterprise (MBE) and Women Business Enterprise (WBE).

WESTCHESTER COUNTY

DEPARTMENT OF ENVIRONMENTAL FACILITIES

By: Vincent F. Kopicki, P.E., Commissioner https://westchestergov.webex.com/meet/bac-bidopening%20or%20by%20phone%201-415-655-0001 https://westchestergov.webex.com/meet/bac-bidopening%20or%20by%20phone%201-415-655-0001

TC-1

CONTRACT NO. EF-2503 TABLE OF CONTENTS

TC-1

GENERAL CONTENTS OF THIS BOOK OF SPECIFICATIONS

PAGE

SPECIAL NOTICE SN-1 TO SN-16

ADVERTISEMENT - NOTICE TO CONTRACTORS NC- 1

TABLE OF CONTENTS TC-1 TO TC-6

INFORMATION FOR BIDDERS IB-1 TO IB-40

ART. 1: LOCATION OF THE WORK IB-1

ART. 2: GENERAL DESCRIPTION OF THE WORK IB-1

ART. 3: REQUIRED TIME FOR COMPLETION OF THE WORK IB-2

ART. 4: CONTRACT DRAWINGS IB-2

ART. 5: ADDENDA AND INTERPRETATION IB-2

ART. 6: VOIDED CLAUSES IB-3

ART. 7: ORGANIZATION OF SPECIFICATIONS IB-3

ART. 8: PRE - BID SITE INSPECTION IB-3

ART. 9: BID SECURITY IB-4

ART. 10: PERFORMANCE BOND IB-4

ART. 11: INDEMNIFICATION AGREEMENT IB-5

ART. 12: INSURANCE REQUIREMENTS IB-5 TO IB-9

ART. 13: SCHEDULE OF HOURLY RATES AND SUPPLEMENTS IB-9 TO IB-10

ART. 14: PREVAILING WAGE RATES AND SUPPLEMENTS IB-10 TO IB-11

ART. 15: CONTRACTOR'S REPORT OF EMPLOYMENT AND

WEEKLY-AFFIDAVIT (FORM) IB-11 TO IB-13

ART. 16: LAWS/REGULATIONS AND APPROPRIATIONS IB-14

ART. 17: REFUSAL TO ANSWER QUESTIONS IB-14 TO IB-15

ART 18: BID REQUIREMENTS IB-15

ART. 19: MISCELLANEOUS ADDITIONAL WORK IB-16

ART. 20: CORRECTION OF ERRORS IB-16

ART. 21: SHOWN QUANTITIES IB-16

ART. 22: QUALIFICATION OF BIDDERS IB-17

ART. 23: INCREASE OR DECREASE OF QUANTITIES:

ELIMINATION OF ITEMS IB-17

TC-2

TC-2

INFORMATION FOR BIDDERS (cont’d) PAGE

ART. 24: ENGINEERING CHARGES IB-17

ART. 25: PAYMENTS TO SUBCONTRACTORS AND

MATERIALMEN BY CONTRACTOR IB-18

ART. 26: SAFETY AND HEALTH REGULARIONS IB-18

ART. 27: ACCIDENT PREVENTION AND FIRST AID

FACILITES IB-19

ART. 28: FIRE PREVENTION AND CONTROL IB-19

ART. 29: STATE AND LOCAL SALES TAX EXEMPTION IB-20

ART. 30: APPRENTICES IB-20

ART. 31: AFFIRMATIVE ACTION PROVISION IB-20

ART. 32: AFFIRMATIVE ACTION PROGRAM REQUIRENT IB-21

ART. 33: AUTHORITY TO DO BUSINESS IN NEW YORK IB-21

ART. 34: LICENSE REQUIREMENTS (ELECTRICAL) IB-21

ART. 35: LICENSE REQUIREMENTS (PLUMBING) IB-22

ART. 36: LICENSE REQUIREMENTS (HAULER) IB-23

ART. 37: MINORITY PARTICIPATION POLICY IB-25

ART. 38: SEXUAL HARASSMENT POLICY IB-26

ART. 39: SMOKE - FREE WORKPLACE POLICY IB-27

ART. 40: CRIMINAL CONVICTIONS IB-28

ART. 41: U.S. EXPORT ADMINISTRATION ACT IB-28

ART. 42: ADDITIONAL LABOR LAW PROVISIONS IB-29

ART. 43: CONTRACTOR DISCLOSURE STATEMENT IB-34

ART. 44: DISCLOSURE OF RELATIONS TO COUNTY IB-34

ART. 45: PROTECTION OF WATER RESOURSE

& THE ENVIRONMENT IB-34

CONTRACTOR’S LOW SULPHUR DIESEL FUEL

AFFIDAVIT IB-37

LOW SULPHUR DIESEL FUEL LOG IB-38

EXECUTIVE ORDER NO. 1-2005 IB-39 TO IB-40

TC-3

TC-3

GENERAL CLAUSES PAGE

GC-1 TO GC-18

ART. 1: MATERIAL AND WORKMANSHIP GC-1

ART. 2: DEFINITIONS GC-1, 2

ART. 3: OVERLAPPING WORK GC-2, 3

ART. 4: PROPER METHOD OF WORK AND PROPER MATERIALS GC-3

ART. 5: CONTROL OF AREA GC-3

ART. 6: PERMITS, FEES, ETC. GC-3,4

ART. 7: INSPECTION GC-4

ART. 8: UNACCEPTABLE CONTRACT WORK GC-4

ART. 9: PROTECTION OF UTILITIES AND STRUCTURES GC-5

ART. 10: SANITARY REGULATIONS GC-5

ART. 11: CLEANING UP GC-5

ART. 12: PREVENTION OF DUST HAZARD GC-5

ART. 13: REPRESENTATIVE ALWAYS PRESENT GC-5

ART. 14: PROTECTION OF WORK UNTIL COMPLETION GC-6

ART. 15: REMOVAL OF TEMPORARY STRUCTURES AND

CLEANING UP GC-6

ART. 16: DAMAGE DUE TO CONTRACTOR'S OPERATIONS GC-6

ART. 17: PROPERTY DAMAGE GC-6

ART. 18: CLAIMS FOR DAMAGES GC-7

ART. 19: EQUIVALENT QUALITY GC-7

ART. 20: EXTRA WORK: INCREASED COMPENSATION/DECREASED

WORK: CREDIT TO THE OWNER GC-7, 8

ART. 21: DISPUTED WORK-NOTICE OF CLAIMS FOR DAMAGES GC-9

ART. 22: CONTRACTOR'S SUBCONTRACT AND MATERIAL LISTS GC-9

ART. 23: SUBCONTRACTING GC-10

ART. 24: ASSIGNMENT OF CONTRACT GC-10

ART. 25: CONTRACTOR'S FIELD OFFICE GC-10

TC-4

TC-4

GENERAL CLAUSES (cont'd) PAGE

ART. 26: PARKING PRIVILEGES GC-11

ART. 27: CODES, LAWS AND REGULATIONS GC-11

ART. 28: SERVICES FURNISHED BY THE COUNTY GC-11

ART. 29: MONTHLY CONTRACTOR'S CERTIFICATE GC-11 to 13

ART. 30: MISCELLANEOUS ADDITIONAL WORK GC-14

ART. 31: INDENTIFICATION BADGES, SECURITY REGULATIONS,

FINGERPRINTING GC-14, 15

ART. 32: ULTRA LOW SULFUR DIESEL FUEL GC-15 To 18

SPECIAL CLAUSES SC-1 to SC-59

ART. 1: START AND TERM OF THE CONTRACT SC-1

ART. 2: HOURS OF WORK SC-1

ART. 3: SPECIAL QUALIFICATION REQUIREMENTS

AND COMPETENCY OF BIDDERS SC-1 TO SC-2

ART. 4: CLAUSES NOT APPLICABLE SC-2 TO SC-3

ART. 5: SUBSTITUTION FOR WORD EQUIPMENT LIABILITY SC-3

ART. 6: PRE-BID SITE INSPECTION SC-3

ART. 7: PREPARATION OF PROPOSALS SC-3

ART. 8: PRICING OF THE CONTRACT WORK SC-3

ART. 9: PAYMENTS FOR WORK PERFORMED SC-3 TO SC-4

ART. 10: CONTRACTOR'S PERSONNEL SC-4

ART. 11: REQUIRED WORK SCHEDULES SC-4

ART. 12: CLARIFICATION OF CONTRACT WORK

REQUIREMENTS DURING COURSE OF WORK SC-4

ART. 13: CONTRACTOR'S DAILY ATTENDANCE LOG SC-5

ART. 14: EQUIPMENT LIABILITY SC-5

ART. 15: GUARANTEE OF WORK SC-5 TO SC-6

ART. 16: USE OF THE CONTRACTOR'S SERVICES SC-6

ART. 17: THE CONTRACTOR'S RESPONSIBILITY SC-6

TC-5

TC-5

SPECIAL CLAUSES (cont'd) PAGE

ART. 18: COOPERATION WITH FACILITY OPERATORS SC-6

ART. 19: SERVICES TO BE FURNISHED BY THE COUNTY SC-7

ART. 20: STATE BUDGET LANGUAGE FOR CONTRACTS SC- 7

ART. 21: MONTHLY REPORTING REQUIREMENTS SC-7

ART. 22: NON-APPROPRIATIONS CLAUSE SC-8

ART. 23: TERMINATION FOR CONVENIENCE SC-8

ART. 24: SAMPLE CONTRACT SC-8 to SC-59

CONTRACT ITEM SPECIFICATIONS PAGE

ART. 1: SCOPE OF WORK CS-1 to CS-2 ART. 2: COUNTY SEWER SYSTEM CLEANING CS-2 to CS-6

AND TELEVISING

ART. 3: ALTERNATE TELEVISING METHODS CS-6 TO CS-7

ART. 4: QUALIFICATION OF CONTRACTORS CS-7

ART. 5: PERMITS CS-8

ART. 6: CONTRACTOR’S RESPONSIBILITY FOR SAFETY CS-8

ART. 7: SEWAGE FLOW CONTROL CS-8

ART. 8: TRAFFIC CONTROL CS-9

ART. 9: PAYMENT CS-9 TO CS-10

TABLE 1 -1 TRUNK SEWER LOCATIONS

TC-6

TC-6

PROPOSAL FORMS P-1to P-38

BIDDER'S IDENTIFICATION Proposal Page 1

PROPOSAL REQUIREMENTS Proposal Pages 2-6

ITEMIZED PROPOSAL Proposal Page 7A, 7B, 7C & 7D

CONTRACTOR'S ACKNOWLEDGMENT Proposal Page 8, 8A & 8B

CERTIFICATE OF AUTHORITY Proposal Page 9 & 9A

BID BOND AND CONSENT OF SURETY Proposal Page 10

AFFIRMATIVE ACTION PROGRAM REQUIREMENT Proposal Page 11

APPRENTICE TRAINING PROGRAM REQUIREMENT Proposal page 12

STORMWATER POLLUTION PREVENTION CERT. Proposal page 13

M/WBE PROGRAM REQUIREMENT Proposal Page 14 & 15

PREVAILING WAGE RATES AND SUPPLEMENTS Proposal Page 16

REQUIRED DISCLOSURE OF RELATIONSHIPS TO COUNTY Proposal page 17

CONTRACTOR’S DISCLOSURE STATEMENT Proposal page 19 to 27

CRIMINAL BACKGROUND DISCLOSURE INSTRUCTIONS & FORMS Proposal Page 27 to 32

CERTIFICATION REGARDING BUSINESS DEALINGS

WITH NORTHERN IRELAND Proposal Page 33

QUESTIONNAIRE FOR SERVICE-DISABLED VETERANS Proposal Page 34

ELECTRONIC VENDOR DIRECT PROGRAM Proposal Pages 35-37

IDENTIFICATION OF DISPOSAL SITE Proposal Page 38

IB-1

CONTRACT NO. EF-2503 INFORMATION FOR BIDDERS

IB-1

ART. 1 - LOCATION OF THE WORK

The work called for under this contract is located at various locations throughout Westchester County, New York. The area of work shall include trunk sewers and manholes located within The County Sewer Districts which are the Blind Brook, Mamaroneck, New Rochelle, Ossining, Peekskill, Port Chester, Bronx Valley, Central Yonkers, Hutchinson, North Yonkers, Saw Mill, South Yonkers, and the Upper Bronx.

ART. 2 - GENERAL DESCRIPTION OF THE WORK

Work under this Contract includes but is not limited to furnishing all necessary labor, materials and equipment required for the following:

The Contractor must be able to respond on an on call basis to any sanitary sewer heavy cleaning request or to any blockage and/or overflow that can occur in the County Trunk Sewer System that cannot be handled by County personnel and equipment.

The contractor shall provide transport, removal, disposal and return for the County’s two (2) 15

yd. grit bins as requested by the County.

The Contractor shall light clean and televise the County Trunk Sewer in the Westlake Section of the Upper Bronx Valley Sewer District, the first 5,200 feet of the Hutchinson High Level Trunk Sewer, and portions of the South and Central Yonkers trunk sewer as specified in the Contract Specifications.

All dirt, debris, roots and other material which requires removal from the sewers shall be hauled away by the Contractor to an approved dump site furnished by the Contractor. All regulations of the Environmental Protection Agency and all other regulating agencies shall be followed.

The Contractor shall provide maintenance and protection of vehicular and pedestrian traffic and protection of the public and contractor’s employees from all damage to persons and property for the duration of the contract.

The Contactor is responsible for obtaining all formal authorizations from the local water company when the supply of water for cleaning is from fire hydrants. Any permits required from water companies shall be obtained by the Contractor. Water usage, if necessary, is deemed to be included in the lump sum price and no separate payment will be made.

The Contractor shall not subcontract more than forty- nine (49%) of the Contractor’s bid.

It is not intended that this description of work mention each particular item required, but that it give information concerning the general scope and areas of work for the convenience of the bidders.

Bidders shall take note that the County reserves the right to award the Contract to that Bidder whose proposal, after proper and thorough analysis by the County will serve the best interest of the County.

A detailed description of the work is set forth in the "Contract Item Specifications.”

IB-2

IB-2

ART. 3 - REQUIRED TIME FOR COMPLETION OF THE WORK

Notification to commence the work will require the mandatory submission of all the executed contracts and the Certificates of Insurance after receipt of authority to award.

The Contractor shall complete all work in this Contract by August 31, 2028. The Contract may be extended by mutual consent of the Contractor and the County of Westchester for one (1) additional three year term with all prices, terms and conditions remaining the same as the original contract.

ART. 4 - CONTRACT DRAWINGS

The following list of Record Drawings, herewith made a part of these Specifications, shows in general and/or in detail the locations of the work to be done under this contract and/or the various Contracts forming the entire work for the project, as described herein.

DRAWING NO. TITLE

NOTE: There are no drawings being issued as a part of these specifications.

All record contract drawings showing the specific sewer lines are available to all prospective bidders at no cost upon presentation of bid documents at the following location:

Department of Environmental Facilities 270 North Avenue - 6th Floor New Rochelle, New York 10801

(914) 813-5419

They will also be published on the Empire State Purchasing Group website at the following web address (http://www.bidnetdirect.com/new-york) as part of the specifications.

ART. 5 - ADDENDA AND INTERPRETATION

No interpretation of the meaning of the plans, specifications or other contract documents will be made to any bidder orally. Every request for such interpretation should be in writing and to be addressed to Maria Zuluaga, P.E., Associate Engineer (Construction), Department of Environmental Facilities, 270 North Avenue - 6th Floor, New Rochelle, New York 10801 [Phone (914)813-5477, e mail: mczz@WestchesterCountyNY.gov]. Such request will be given consideration and must be received at least seven (7) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be published on the Empire State Purchasing Group website at the following web address (http://www.EmpireStateBidSystem.com) not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation or any other form, instrument or document shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents.

"A bidder's failure to request a clarification, interpretation, etc. of any portion of the plans, specifications, or contract or to point out any inconsistency therein will preclude such bidder from thereafter claiming any ambiguity, inconsistency, or error which should have been discovered by a reasonably prudent bidder".

http://www.bidnetdirect.com/new-york mailto:

IB-3

IB-3

ART. 6 - VOIDED CLAUSES

Wherever in this booklet any page is stamped "VOID", only the section(s) or paragraph(s) so stamped are void. All other section(s) and paragraph(s) remain in full force and effect.

ART. 7 - ORGANIZATION OF SPECIFICATIONS

Arrangement: The Specifications consists of four major parts, the Information for Bidders, General Clauses, Special Clauses, and the Contract Item Specifications. In addition, there will be found at the back of this booklet, the Proposal Proper, Affirmative Action Program Requirements, Apprenticeship Training Program, Minimum Wage Rate Certification, Minority Business Enterprises Program Requirements, Non-Collusive Bidding Certification, Itemized Proposal, Contractor's Acknowledgment, Certificate of Authority, and the form entitled: BID

BOND AND CONSENT OF SURETY.

Conflicts: In case of conflicts between either the Information for Bidders, the General Clauses, Special Clauses or the Contract Item Specifications, the Contract Item Specifications shall always govern first, then followed next by the Special Clauses, then by the Information for Bidders and lastly by the General Clauses.

In case of conflicts between statements in the Specifications which are found in parts thereof having the same apparent merit, then the problem will be resolved by considering the Contract and its intent as a whole and not by merely giving preference to one specific part.

In all cases of conflicts, the County Commissioner of Environmental Facilities shall be the sole judge and shall give the final decision.

ART. 8 - PRE-BID SITE INSPECTION

Each bidder must inform himself fully of the conditions relating to the work to be performed. Failure to do so will not relieve a successful bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work for the consideration set forth in his bid.

At the time of the opening of bids each bidder will be presumed to have read and to be thoroughly familiar with the Contract Documents (including all addenda).

All Bidders shall satisfy themselves of all possible locations of the proposed work and the systems involved, and by such other means that they prefer, as to the scope of the contract work.

At no time after submission of a bid shall any bidder assert that there was any misunderstanding in regard to the work to be performed.

The submission of a bid constitutes the understanding on the part of the Bidder that he has waived any claims of any nature due to a possible misunderstanding on his part as to the

IB-4

IB-4

location, character or other conditions of the work or of the shown estimated quantities of the items of the work.

Prior to submitting bids, it is expected that all bidders shall examine all sites referred to in the Contract Specifications and shall familiarize themselves with respect to all existing conditions and limitations at each site. In addition the bidder shall make all necessary investigations to determine the nature of the facilities and the manner in which he or she will deliver and handle all materials at each site. He or she shall estimate and include in the bid a sum sufficient to cover the cost of all anticipated expenses (i.e. labor, miscellaneous expenses including travel expenses, permits office expenses, insurance, bonds, etc.) and to meet all conditions of the work even though they may not be referred to in the Contract Specifications.

ART. 9 - BID SECURITY

Bid Security shall be provided in accordance with the "Notice to Bidders"

Where a Performance Bond is required in the Notice to Bidders, the executed Bid bond and Consent of Surety (Proposal page 10) must be submitted with the bid.

Failure of the successful bidder to execute the contract and furnish the necessary bonds and insurance certificates shall result in forfeiture to the security, such sum to be retained by the County as liquidated damages.

ART. 10 - PERFORMANCE BOND

If required pursuant to "Notice to Bidders"

If a performance bond is required in accordance with the "Notice to Bidders", the Bid Bond and Consent of Surety (Proposal Page 10) must be executed by the Contractor's Surety Company and submitted with the bid.

Simultaneously with his delivery of the executed contract, the successful bidder shall deliver to the County an executed bond in the amount of thirty percent (30%) of the accepted bid as security for the faithful performance of his contract and for the payment of all persons performing labor or furnishing materials in connection therewith, prepared in satisfactory form and having as surety thereon such bond underwriter or surety that appears on the U.S. Treasury's listing of approved sureties (Department Circular 570), and is licensed to transact business in New York State.

The form of contract and bond to be used in connection with this Contract and to become a part of the contract documents may be inspected in Room 104 of the Michaelian Office Building, White Plains, New York.

IB-5

IB-5

ART. 11 - INDEMNIFICATION AGREEMENT

The Contractor agrees:

a. that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Contractor agrees to indemnify and hold harmless the County of Westchester, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out to the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor; and

b. to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the Agreement and to bear all other costs and expenses related thereto.

In the event the Contractor does not provide the above defense and indemnification to the County, and such refusal or denial to provide the above defense and indemnification is found to be in breach of this provision, then the Contractor shall reimburse the County's reasonable attorney's fees incurred in connection with the defense of any action, and in connection with enforcing this provision of the Agreement.

ART. 12 – INSURANCE REQUIREMENTS

1. Prior to commencing work, and throughout the term of the Agreement, the Contractor shall obtain at its own cost and expense the required insurance as delineated below from insurance companies licensed in the State of New York, carrying a Best’s financial rating of A or better. Contractor shall provide evidence of such insurance to the County of Westchester ("County"), either by providing a copy of policies and/or certificates as may be required and approved by the Director of Risk Management of the County ("Director"). The policies or certificates thereof shall provide that ten ( l 0) days prior to cancellation or material change in the policy, notices of same shall be given to the Director either by overnight mail or personal delivery for all of the following stated insurance policies. All notices shall name the Contractor and identify the Agreement.

IB-6

IB-6

If at any time any of the policies required herein shall be or become unsatisfactory to the Director, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the Director, the Contractor shall upon notice to that effect from the County, promptly obtain a new policy, and submit the policy or the certificate as requested by the Director to the Office of Risk Management of the County for approval by the Director.

Upon failure of the Contractor to furnish, deliver and maintain such insurance, the Agreement, at…