Outlet Control Structure Repairs RFP - revised WSJ.docx

BID PROPOSAL DOCUMENTS

AND SPECIFICATIONS FOR

Keuka Lake Outlet Control Structure Repairs

FOR

KEUKA LAKE OUTLET COMPACT (KLOC)

PENN YAN, NEW YORK

BID PROPOSALS DUE: 7:00 pm on March 26, 2018

PENN YAN VILLAGE HALL

111 ELM STREET

PENN YAN, NEW YORK 14527

ATTN: MARK ILLIG, CHAIRMAN, KLOC

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Keuka Lake Outlet Compact at the Penn Yan Village Hall, Penn Yan, New York, until 7:00 pm on Monday March 26, 2018 at the Village Hall located at 111 Elm Street, Penn Yan, NY 14527, at which time they will be publicly opened and read for the following:

KEUKA LAKE OUTLET CONTROL STRUCTURE REPAIRS

Copies of the FORM OF BID and SPECIFICATIONS may be examined at the Village of Penn Yan, 111 Elm Street, Penn Yan, New York during normal business hours.

All bids must be on the Bid Forms included in the contract documents; must be endorsed with the name of the bidder; must be submitted in a sealed envelope and must be accompanied by cash, a certified check or bid bond of not less than five percent (5%) of the amount of the bid.

Said security shall be made payable to the Treasurer of the Keuka Lake Outlet Compact to insure the execution of the contract if awarded.

Upon acceptance of the bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Keuka Lake Outlet Compact, then the cash or check deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the Keuka Lake Outlet Compact, as Liquidated Damages or the payment of the bond enforced for the benefit of the Compact.

No bidder may withdraw their bid within forty-five (45) days after the date for the opening thereof.

Bidders on this work are required to certify in writing that bid prices have been arrived at without collusion as required by Section 139-d of the Finance Law of the State of New York.

The Owner reserves the right to waive any informality or to reject any or all bids.

Dated: February 12, 2018

Pat Christiansen, Treasurer Keuka Lake Outlet Compact Penn Yan, New York

SPECIAL CONDITIONS

Extension: The KLOC reserves the right to extend the period of the contract sixty (60) days beyond the specified expiration date of the contract.

Payment: Payments will be made with Purchase Order, receipts, vendor’s original invoice and voucher.

Pre-Bid Meeting: A pre-bid meeting will be held on March 7, 2018 at 9:00 am at the Village Hall, Village of Penn Yan, 111 Elm Street, Penn Yan, NY. Bidders’ attendance at this meeting is strongly recommended to understand the scope of this project.

Quantities: The quantities listed in the proposal are estimated only. The contract, however, shall be for the quantities actually ordered during the contract period.

References: Manufacturer and model numbers as stated in this specification are for reference purposes only. Equipment bid shall be on an “OR EQUAL” basis evaluated by the Gate Manager or his designee using the items referenced as a minimum base line for comparison.

Wage Rates: Rates may be found at www.labor.state.ny.us. PRC#2018000898

Work Completion Time: Work shall be performed within thirty (60) business days after receipt of order.

Experience: Bidders shall have a minimum of three (3) years experience in masonry rehabilitation and shall provide three (3) references with their bids.

Bid Results: Bid results will be available after the bid opening.

Contact Person: Please refer any questions to Mr. Bill Jensen, Assistant Gate Manager, (315) 536-3374.

MINIMUM SPECIFICATIONS

Scope: The scope of this project is to provide labor, equipment and materials for the Repair, tuck pointing (raking out and repointing) or pressure grouting of masonry structures that are otherwise structurally sound, using various products and methods either singularly or in combination. The Contractor shall be responsible for re-grouting and tuck pointing all visible voids and areas with evidence of grout failure in the listed areas of the Keuka Lake Outlet Control Structure for this project. The Contractor shall verify the condition of structure before bidding.

Work shall include:

· Repair masonry parging along bottom of all flow channels where flow channel walls meet flow channel floors

· Apply Type M, S, or N masonry or mortar cement, tuck pointing mortar (or specifically designed one) with the same or weaker strength than the original mortar to stop deterioration of existing mortar joints

· Apply Type M, S, or N masonry or mortar cement, masonry stone joint injection of mortar (or specifically designed one) with the same or weaker strength than the original mortar to stop deterioration of existing mortar joints

General:

Adjacent Property work Access The Contractor shall be responsible to request and obtain authorization from adjacent property Owners as required to allow for ample access required to perform the specified work. In the event of a dispute that prevents required access to adjacent property, the KLOC reserves the right to delete the work area from the Contract work without penalty.

Site Security The Contractor shall coordinate Contract work so as to minimize as much as possible traffic disruptions and provide for site safety and security during work hours and at the end of each workday. The Contractor shall be solely responsible for protecting and securing his tools, equipment and materials. The KLOC shall not be responsible for the loss and/or damage of the contractor’s tools and equipment.

Site Restoration Upon completion of work at each site, the Contractor shall repair any damage to surfaces caused by his operations, and shall restore such surfaces to the satisfaction of the KLOC at no additional cost.

Contractor Safety The Contractor shall at all times that work is in progress have a competent representative on site that shall have full authority to act for the Contractor and to receive and execute orders from the KLOC representative. The Contractor shall be solely responsible for the supervision, conduct and safety of his personnel and for ensuring that his personnel are properly trained, equipped and certified, if applicable, to perform the work and operate the required tools, equipment and procedures. The Contractor shall restrict his personnel to only those areas of the facility or site necessary for the performance of the work. The Contractor shall instruct his personnel on the hazards and precautions associated with the KLOC’s operations at the site, which may include physical, hazards encountered at Outlet Control Structure (Dam). Contractor’s personnel shall not operate or tamper with any of the KLOC’s devices or equipment. The Contractor shall be solely responsible for any damage or disruption caused by his personnel.

The Contractor shall be responsible for complying with the requirements of all applicable Federal and State Occupational Safety and Health Act provisions and the requirements of any and all other laws, rules and regulations pertaining to employee health, safety and accident prevention. The Contractor shall be solely responsible and liable for the safety and protection of all property and persons, both on the site of the work and adjacent thereto.

Contaminated Materials Requirements The KLOC is not aware of any contaminated materials (soils or groundwater) at the project site. However, in the event any contaminated materials are encountered in the performance of work under this contract, such materials (soils and groundwater) cannot be re-deposited on site, but must be disposed of at an approved landfill or treatment facility. Procedures for removal and disposal of such material will be directed by the KLOC.

Disposal of Material All waste material generated, as part of this project shall become the property of the Contractor, and disposed of in accordance with all applicable local, state and federal regulations. This shall include, but not be limited to, removed bricks, mortar, concrete, shipping materials and vegetation.

Storage of Equipment and Materials Materials and equipment shall be delivered and stored in such a manner as not to block access to public or private property, disrupt KLOC or Village access required for operation or maintenance of the facility or interfere with safety access or equipment. The KLOC has no indoor storage space available for storage of material or equipment. The location of the Contractors on-site storage facilities shall be coordinated with the Gate Manager or KLOC representative. The Contractor shall be responsible for unloading and moving materials and equipment and shall not assume that the KLOC has equipment available for that purpose.

Construction Scheduling All contractors’ activities at the site shall be coordinated with the KLOC’s representative, and at least five (5) working days’ notice shall be given by the Contractor to the KLOC’s representative prior to starting work on any portion of the structure.

Contractor’s Sanitary Facilities The Contractor shall provide sanitary facilities for use by their personnel.

Contractors Utilities The Contractor may use the KLOC’s electric utilities, to the extent that they are available without disrupting the KLOC’s operations. The Contractor shall bear all costs associated with delivering required utility services from existing points of availability to the site of the work.

Connections to existing systems shall be coordinated with and approved in advance by the KLOC, all work shall be in accordance with applicable codes and OSHA regulations, and shall be arranged and located to prevent disruption or hazard to KLOC personnel. Upon completion, the Contractor shall remove all temporary utility services and restore all areas to the satisfaction of the KLOC.

TECHNICAL SPECIFICATIONS

CONSTRUCTION DETAILS

General. Masonry shall not be constructed when the ambient temperature is 40°F or below, or when the stone or masonry units contain frost, except by written permission of the Gate Manager and subject to any conditions the Gate Manager may require. Stone or masonry units shall not be dropped upon or slid over existing masonry, nor shall hammering or turning of stones or masonry units on the masonry be allowed. Stones or masonry units shall be carefully set without jarring masonry already laid, and they shall be handled in a manner so as not to cause disfigurement.

Dimension Stone Masonry:

A. Preparation of Stone and Bed. Each stone shall be cleaned and thoroughly saturated with water before being set. The bed which is to receive the masonry shall also be cleaned and moistened. In case any stone is moved or the joint broken, the stone shall be taken up, the mortar thoroughly cleaned from beds and joints, and the stone reset in fresh mortar.

B. Bedding of Stone. All stone shall be well bedded in mortar and settled in place with a suitable wooden maul before the setting of the mortar.

C. Spalls not Permitted in Mortar Beds. No pinning up of stones with spalls will be permitted, and no spalls will be permitted in beds.

D. Expansion Joints. All surfaces of stone in contact with expansion joint material shall be made smooth, unless otherwise shown on the plans. The joints shall be filled with pre-molded resilient joint filler and sealed with an approved joint sealer, or as ordered by the Gate Manager. All joints in concrete backing shall be protected against intrusion of water into or through the joint by the installation of an approved water stop. The water stop shall be embedded into the concrete at least 3 inches on each side of the joint and shall be installed as near to the inside face of the concrete backing as practicable. The water stop may be of ASTM B370, 20 ounce preformed copper strip, 0.025 inch minimum thickness, soldered to be water tight and continuous, or may be approved flexible water stop as shown on the plans. Water stops shall be manufactured and installed so as to provide for the expansion and contraction movements present at the joint.

Tuck Pointing (Repointing). Repoint the joints in masonry where indicated or directed by the Gate Manager. Use an Item 705-21 Type M, S or N masonry or mortar cement, tuck pointing mortar (or a specially designed one) with the same or weaker strength than the original mortar, as approved by the Gate Manager. Remove soft, loose, cracked and deteriorated mortar to a minimum depth (measured from the wall face) of twice the average joint width, and remove all deteriorated mortar beyond the minimum depth, as ordered by the Gate Manager. Do not damage the masonry during the removal process. Clean all contamination from the prepared joints. Prior to repointing, flush with water and leave all surfaces to be re-mortared in a dampened, surface dry state. Pack the prepared joints in layers with mortar that closely matches the original color and texture, allowing each layer to become thumb-print hard before the next. Use at least two layers when the joint depth is twice the joint width. Apply a final layer thickness that does not exceed the joint width. When the final layer is thumb-print hard, finish with a pointing tool that recreates the original joint shape, or as approved by the Gate Manager. Perform pointing when the ambient temperature is 40°F or above, and the masonry is frost free. Avoid recessed joints that hold water. After the mortar sets, clean all mortar and cement stains from other surface.

Parging. Re-parge the first three (3) of the bottom walls of each flow channel between the bottom of each flow channel and the flow channel walls where indicated by the Gate Manager of KLOC. Use an Item 705-21 Type M, S or N masonry or mortar cement with the same or weaker strength than the original mortar, as approved by the Gate Manager. Remove soft, loose, cracked and deteriorated mortar. Do not damage the masonry during the removal process. Clean all contamination from the prepared surfaces. Prior to re-parging, flush with water and leave all surfaces to be re-mortared in a dampened state. The profile of any newly applied parge repair should match the existing profile of any existing parged surface. Perform parging when the ambient temperature is 40°F or above, and the masonry is frost free.

FORM OF BID

AREAS TO BE BID ON

1. Area 1 - Flow Channel for Gates 1&2 between the east side of the Main Street bridge to Gates 1&2

2. Area 2 - Non-flow area between the flow channels for Gates 1&2 and Gates 3-5

3. Area 3 - Flow Channel for Gates 3-5 between the east side of the Main Street bridge to Gates 3-5

4. Area 4 - Non-flow area between east side of the Main Street bridge and the flow channels for Gates 3-5 and Gates 6

5. Area 5 - Flow Channel for Gates 6 between the east side of the Main Street bridge gabion baskets along the north bank of the Keuka Lake Outlet leading up to Gate 6

BID STRUCTURE

A. Mobilization: Payment for all incurred expenses associated with this project and not otherwise identified herein. This shall include, but not limited to permits, insurance, equipment cost, equipment rental, tools, materials, vehicle usage, safety equipment and material disposal. This shall be a single payment per project

B. Areas 1 - 5: Payment for all labor, materials, and equipment necessary to dewater the work area and complete the required masonry repairs for the areas described in the preceding section. Any coffer dams required shall be placed and removed by others.

PRICING

Provide Outlet Control Structure Repairs as specified:

TOTAL Estimated Price $___________________________

PROPOSAL AND NON-COLLUSIVE SIGNATURE PAGE

I agree to provide all the material and/or labor in accordance with the furnished specifications to the KLOC. I have clearly identified variations from the published specifications where applicable.

I have received, read, and agree to the terms and conditions as set forth in the Instructions to Bidders/General Conditions and any special terms or conditions as set forth in the special conditions or minimum specifications. I specifically read, understand and certify in accordance with section 16.2.1 (non-collusion certification required for public bids) and the Fair Employment reporting requirements (16.2.6) and the Iran Divestment (16.2.8). I am authorized by my company to make this commitment.

NON-COLLUSIVE BIDDING CERTIFICATE

ALL BIDDERS MUST RETURN THIS CERTIFICATION WITH THEIR BID

The bidder hereby agrees to the provisions of Section 103-a and 103-b of the General Municipal Law regarding the consequences of his/her refusal to sign a Waiver of Immunity or to answer any relevant questions when called before a Grand Jury to testify.

By submission of this bid, the person signing on behalf of the bidder certifies, and in the case of a joint bid, each party certifies as to its organization, under penalty of perjury, that to the best of his/her knowledge and belief:

That the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purposes of restricting competition, as to any manner relating to such prices with any other bidder or competitor.

Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by the bidder and will not be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor.

No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Company Name _________________________________________________

Address _________________________________________________

Email Address _________________________________________________

Phone Number ______________________ FAX Number _____________________

Date: ______________________ Fed ID# _____________________ (please attach W-9)

This proposal is signed by the bidder with full knowledge and acceptance of all the provisions of the general specifications, the proposal and the group specification.

WAGE RATES

The minimum hourly rates of pay are hereby established in accordance with Federal and State laws and regulations.

In the event that the contractor shall fail to pay the prevailing wages and supplements in accordance with the applicable articles of the New York State Labor Law, Section 220 Et Seq., and as described in this contract, it shall be considered a material breach of contract. For the breach or violation of this provision, without limiting any other rights, remedies or recovery to which the KLOC or any individual may be entitled or any civil or criminal penalty for which any violator may be liable, the KLOC shall have the right, in its discretion, to terminate this agreement immediately upon notice. In such event, the contractor shall be liable to the KLOC for any additional costs or expenses incurred by the KLOC in the completion of the project, and for any other recovery, costs and expenses to which the KLOC may be entitled.

It is the responsibility of every prospective bidder to disclose whether the bidder has been found in willful violation of the New York State Labor Law for failure to pay prevailing wages and supplements, as those terms are defined by New York State Labor Law, within the three years immediately preceding the submission of the bid. This disclosure must be included with their proposal.

Original copy of the Prevailing Wage rates will be found at www.labor.state.ny.us.

PRC#2018000898

Instructions to Bidders/General Conditions

1. Submission of bids:

1.1 Bids are publicly opened and read at 7:00 p.m. at Village of Penn Yan, 111 Elm Street, Penn Yan, NY 14527 on the day bids are scheduled to be received.

1.2 Bids must be date and time stamped by the Village prior to the specified time of the opening. No late bids are accepted for any reason. Bidder assumes all responsibility for on-time delivery to the Village.

1.3 Bidders must use the proposal form furnished by the KLOC and place in an envelope that is clearly marked with your company name, the bid reference number and the date the bid is due when submitting their proposals. Envelopes must be sealed when submitted. Faxed bids are unacceptable.

1.4 Separate bid envelopes must be submitted for each bid reference number.

1.5 Bidders may submit bids on any one or group of items, provided that the unit prices are shown as requested.

1.6 Special conditions in the specifications shall take precedence over any instructions to bidders/general conditions.

2. Required submissions:

2.1 Each bid must be signed by the bidder.

2.2 Bids by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing.

2.3 Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the president, vice-president or person authorized to bind in the matter. A corporate resolution may be required to confirm authorization.

2.4 Bids by agents of a manufacturer must be accompanied by a certification the agent is authorized, if required.

2.5 Bid security, performance or other bonds when required shall be issued by a bonding company authorized to do business in New York State.

2.6 Bid security, when required, must be in the amount and form as stated in the legal advertisement, as a guarantee that if the bid is accepted a contract will be executed. Bid security deposits will be released when the written intent to award is issued of all but the three lowest bidders. Bids lacking bid security, when required, will not be eligible for award.

2.7 Performance Security, when specified, must be in the amount and form as stated in the legal advertisement. Performance security is generally required only in public works, construction, installation and certain term and service contracts. Performance security shall be of sufficient value to:

2.7.1 guarantee the contract for the faithful performance thereof;

2.7.2 guarantee all work and/or materials against all defects not due to ordinary wear and use for a period of one (1) year from date of the KLOC’s acceptance of the goods and/or services rendered and;

2.7.3 guarantee payment of any and all obligations arising as the result of the contract.

2.8 Labor and material bonds may be required in specific contracts to guarantee payment to workers and subcontractors.

2.9 When required, bidders shall fill out the material list and state clearly any variation from proposed products from that specified. Brand name and other information as necessary to be furnished on all items. Bidder should submit with bid any information, specifications, circulars, etc. that will explain or clarify the differences or compliance with the specifications.

3. Use of Brand names:

3.1 References in the specifications to a particular trade name, manufacturer's catalog or model number are made for descriptive purposes to guide the bidder in interpreting the type and quality of materials or supplies or nature of work desired. Such descriptions should not be construed as excluding bids on other types of materials and supplies or for performing the work in a manner other than specified, providing that the materials and supplies and manner of performing the work are offered are of equal quality to that specified and equally acceptable to the KLOC for its purposes. Exceptions must be clearly stated.

3.2 The KLOC will determine equal products or services.

4. Pricing:

4.1 Prices must be stated in units of quantity specified. Prices submitted by bidders must be firm for 45 days from the date of the bid opening. Prices shall be in US funds only.

4.2 Prices bid shall be FOB prepaid to destination as designated. All charges for packing, crating, containers, etc. are included and being in strict accordance with specifications as shown. The price bid by the contractor shall be the price paid for all items to be furnished under this contract, irrespective of the time of shipment or delivery, unless otherwise provided.

4.3 Purchases by KLOC are exempt from any Federal, state or city sales tax. Exemption certificates or proof of sales tax exemption will be provided upon request.

4.4 Where pricing is described in both words and numerals, the words will govern.

4.5 Cash or early payment discounts will not be considered in determining low bidder.

5. Withdrawal of bids and errors:

5.1 Bids may be withdrawn at any time prior to the bid opening by written request of the bidder.

5.2 Errors in math or omission may be grounds for withdrawal of the bid after the opening at the request of the bidder and at the discretion of the KLOC upon written request. Such requests must be made as soon as the error is identified.

5.3 In case of error in extending the amount of the bid, the unit prices will govern.

6. Interpretations:

6.1 It is understood and agreed that in questions of interpretation in the specifications, the KLOC does expressly have the right to determine the meaning and shall control the decision and such decision shall be binding and final. Corrections to errors, or omissions in specifications, may be made by the KLOC, when such corrections are necessary for the proper fulfillment of the intention of such specifications.

6.2 Interpretations and questions relating to bid requirements, specifications, drawings, etc. must be submitted in writing to the contact person identified in Special Conditions not later than 7 calendar days prior to the bid opening. No interpretation will be made to any bidder orally. Interpretations made will be by addendum, if required, and provided to all known prospective bidders. Bidders bear full responsibility for accepting interpretations that are not by addendum issued through the KLOC. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. Failure to request an interpretation constitutes a waiver to later claim that ambiguities or misunderstandings caused a bidder to improperly submit its bid or to have inadvertently bid on certain items.

6.3 The KLOC reserves the right to waive informalities in a bid if such waiver does not provide a competitive advantage to any bidder.

6.4 The bidder understands and agrees that no plea of ignorance relating to data, conditions, policies or requirements of the KLOC will be accepted as a reason for failure or default on the part of the bidder to fulfill in every respect all the requirements of the contract. Nor will such claim of ignorance be the basis for any claim for increased compensation.

7. Method of Award:

7.1 The KLOC reserve(s) the right to reject any and all bids at their discretion, at any time before award, or if it is in the best interest of the KLOC to do so. The KLOC reserve(s) the right to accept any item in the bid, and to award the bid in whole or in part to the lowest responsible bidder within 45 days, unless otherwise specified.

7.2 Bids will be evaluated by the KLOC a notice of intent to award will be issued only by the KLOC.

7.3 Protests of companies, products or services being offered from competing bidders must be made as soon as possible, in writing, to the KLOC.

7.4 In the event a lower bid is being rejected for any reason, the bidder will have 48 hours to explain before an intent to award will be issued to another bidder.

8. Inspection, Samples and Testing:

8.1 Material offered shall be available for inspection before use.

8.2 It is understood and agreed by the bidder that material rejected by the KLOC and found not to meet specifications as set forth, shall be removed from the jobsite at the cost of the bidder.

9. Delivery:

9.1 The successful bidder is responsible for delivery in good condition to the designated destination.

9.2 No items are to be shipped or delivered until receipt of an official purchase order from the KLOC contract.

9.3 Guaranteed delivery date will be a consideration in making a contract award.

9.4 Failure to deliver as guaranteed may result in termination of the contract and also disqualify bidder from receiving contracts for at least two years. The KLOC will assume no liability for any expense or loss because of such termination.

10. Notice to Proceed:

10.1 The successful bidder, when required, must return the signed contract, completed insurance certificate and performance security within fourteen (14) days from the date of the letter of intent to award.

10.2 No work shall begin, nor goods delivered until the contractor has in place the required insurance and security and receives a written notice to proceed, completed contract or purchase order as appropriate.

11. Hold Harmless:

11.1 The bidder, if awarded an order or contract, agrees to indemnify, defend and hold harmless the KLOC, its officers, agents and employees from and against any and all loss or expense that may arise by reason of liability for damage, injury or death, or for invasion of personal or property rights, of every name and nature, whether casual or continuing trespass or nuisance, and any other claim for damages arising at law and equity alleged to have been caused or sustained in whole or in part by or because of any omission of duty, negligence or wrongful act on the part of the bidder, its employees or agents.

12. Insurance:

12.1 The contractor agrees to obtain and maintain general liability insurance including comprehensive form, premises/operations, products/completed operations, broad form contractual, independent contractors and personal injury, with minimum limits of not less than one million ($1,000,000) dollars combined single limit for bodily injury and property damage.

12.2 The contractor will obtain automobile liability insurance, including for owned, hired and non-owned vehicles with minimum limits of not less than one million dollars ($1,000,000) combined single limit for bodily injury and property damage.

12.3 When required, the contractor shall provide to the KLOC and the Village of Penn Yan a certificate of insurance evidencing the insurance requirements specified on the attached sample certificate and shall name the KLOC and Village of Penn Yan as an additional insured. The certificate shall contain a provision that the issuing company will notify the KLOC and Village by certified mail 30 days prior to any change in or cancellation of the policy.

12.4 The contractor further agrees to comply in all respects with all Federal, State and Village laws which pertain regarding services for municipal corporations including but not limited to Workers’ Compensation and Employers’ Liability insurance, hours of employment, wages and Human Rights.

13. Payments:

13.1 The KLOC will pay the bidder or contractor the amount of his bid upon the full and faithful performance of the contract, acceptance of materials and/or work by authorized municipal agent, and upon receipt of the vendor invoices from the receiving department.

13.2 Partial payments for delivered items or quantities of a bid may be made by the KLOC upon presentation of properly executed claim voucher or invoice, unless otherwise stated. The final payment will be made by the KLOC when the materials, supplies, equipment or services have been fully delivered or completed to the full satisfaction of the KLOC.

13.3 Unless otherwise specified, the KLOC may in any contract involving construction work or labor retain up to five percent (5%) of the amount of the contract until final completion and acceptance of all work covered by the contract.

13.4 The contractor further agrees that the KLOC may withhold, out of any amounts due the contractor, sums sufficient to cover any unpaid claims by mechanics or laborers for work or labor performed under this contract; provided, that the notice in writing of such claims, signed by the claimants, shall have been previously filed.

13.5 The said contractor further agrees that he shall not be entitled to demand or receive any payment except in the manner set forth in this contract.

14. Warranty:

14.1 KLOC requires a one-year warranty from the date of acceptance to correct at no additional cost to the KLOC any failure or defect in material and workmanship, which appears in the equipment, goods or services supplied under this bid. Should manufacturer’s, product’s or bidder’s warranty extend longer than KLOC one year requirement, the remaining term of the bidder’s warranty will be in effect at the conclusion of the KLOC required warranty.

14.2 KLOC does not accept exceptions to implied warranties of suitability or merchantability. The KLOC does not accept limitations for recovery for incidental or consequential damages or on its legal remedies to secure such recovery.

15. Governing Laws and Regulations:

15.1 The bidder is required to comply with all applicable provisions of the laws of the Village of Penn Yan, the State of New York and the United States of America which affect municipalities and municipal contracts and in particular the state’s Labor Law, General Municipal Law, Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Environmental Law and all State and Local Health laws, rules and regulations.

15.2 The bidder’s special attention is called to those laws and requirements set forth below:

15.2.1 Section 103-d of the state’s General Municipal Law requires the signing of a non-collusion certification, which reads:

“By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certified as to its own organization, under the penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.”

15.2.2 In making his bid, the bidder warrants that this bid is made without any connection with any person making another bid for the same contract and that the bid is in all respects fair, and without collusion or fraud; also that no person employed by the Village of Penn Yan or the KLOC is directly or indirectly interested in said bid or in the supplies or work to which it relates or in any portion of the profits thereof.

15.2.3 The Toxic Waste Right to Know Law requires the bidder, supplier, manufacturer to provide to KLOC upon delivery any and all information required by law. The KLOC reserves the right to refuse shipments and payment when material safety data sheets (MSDS) are not supplied on delivery or request.

15.2.4 The Bidder will maintain Worker’s Compensation during the life of this contract for the benefit of the bidder’s employees as approved in Chapter 41 of the Laws of 1914 and all subsequent acts amending.

15.2.5 The provisions of Section 220 of the State’s Labor Law are deemed a part of every proposal with the same force and effect as if set forth at length.

15.2.6 Fair Employment Clause: The KLOC requires contractors to support the KLOC’s goals in equal employment opportunity. By signing this bid, the contractor agrees:

“That it will not discriminate and that it will take affirmative action to promote non- discrimination in hiring, recruitment, training, promotion and wage practices and take procedures to prevent reverse discrimination, and “That such affirmative action shall include but not limited to incorporation of appropriate equal opportunity language in all employment recruitment efforts, notifications to appropriate unions of the contractors’ obligations hereunder, incorporation of affirmative action conditions in any subcontract, and “That it will on good faith consult with and cooperate with Fair Employment staff of the local Human Rights Commission in order to achieve compliance with any other applicable Equal Employment Opportunity Laws and Regulations.

Exemptions from local requirements only for employers with less than 25 employees; for non- construction contracts of less than $2,500 (unless vendor does more than $10,000 in business with the KLOC in a year) and for construction contracts of less than $10,000.

15.2.7 For construction projects that disturb more than one acre in total, construction contractors will be responsible for implementing storm water runoff control measures in accordance with the specifications. All construction projects disturbing more than one acre must control storm water runoff in full compliance with the SPDES general permit for storm water discharge from construction activity. The selected contractor will certify their intent to comply with the KLOC storm water management program.

15.2.8 By submission of this bid, each bidder and each person signing on behalf of any bidder certified, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief that each bidder is not on the list created pursuant of paragraph (b) of subdivision 3 of section 165-a of the state finance law” In the absence of the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law each bidder and each person signing on behalf of any bidder certifies that to the best of their knowledge the vendor:

(a) Does not provide goods or services of twenty million dollars or more in the energy section of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; AND

(b) Is not a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran.

16. Assignment

16.1 The contractor is prohibited from assigning, transferring, subletting or otherwise disposing of the contract awarded from this bid without the previous written consent of the KLOC.

17. Termination/Default/non-performance:

17.1 In case of the default by the bidder or Contractor, the KLOC may procure the articles or services from other sources without notice and hold the bidder or contractor responsible for any excess cost.

17.2 The KLOC may terminate this agreement with cause upon notification in writing.

17.3 The KLOC further may terminate the contract without cause on 30 days notice in writing. Upon notice, the Contractor will cease all services in connection with performance of this agreement and shall proceed to cancel all existing contracts insofar as such contracts are chargeable to this agreement.

17.4 If the contractor is delayed in making delivery by strikes, lockouts, fire, unusual delay by common carriers control, then the time of delivery may be extended for a reasonable time, upon a written, documented request by the contractor, provided the KLOC may cancel said contract as to future deliveries at any time during such delay if the KLOC interest(s) are impaired by such delay.

17.5 But neither an extension of time for any reason, beyond that fixed herein for the performance of the contract, nor the doing and acceptance of any part of the work, or the supplies or materials called for by the contract, shall be deemed to be a waiver by the said KLOC of the right to abrogate this contract for abandonment or delay.

18. Unconstitutionality:

18.1 The parties hereto expressly agree that if any provision, sentence, clause or part thereof in this contract or within any specifications or plans made a part hereof is held by proper authority to be unconstitutional, illegal or invalid, such findings shall neither affect nor impair such provisions, sentences or clauses which remain. Except for so much that is held to be unconstitutional, illegal or invalid this agreement shall remain in full force and effect.

19. Changes or Deviations:

19.1 This specification as well as any contract, plans, drawings, exhibits or schedule to which is attached and made a part of constitutes the entire agreement and understanding between the parties hereto and shall be binding upon each party as their successors. Any additions, changes or deviations to or from said specifications, contracts, plans, drawings, exhibits or schedule will invalidate the agreement between the parties in its entirety unless in every case such changes shall be previously agreed upon by the parties hereto in consideration of all applicable legislation.

20. Inconsistency:

20.1 The parties agree that any inconsistency between any documents which the KLOC is/are requested to execute by the vendor and specifications shall at all times be resolved in favor of said specifications as only terms consistent with said specifications shall be applicable.