PROJECT MANUAL

FOR

Washington County Bridge Joint Replacement Hegeman Bridge over Batten Kill

& CR 24 over Mettawee River

BIN 3306350 & 3306810

PIN 1762.25

D041305

F.A PROJECT

Prepared For:

Washinton County Department of Public Works

Washington County, New York

January 2026

PREPARED BY:

Creighton Manning Engineering & Surveying, PLLC 2 Winners Circle

Albany, New York 12205 Ph: (518) 446-0396

Washington Co Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

BIN 3306350 & 3306810

PIN 1762.25

TABLE OF CONTENTS

I. GENERAL BID INFORMATION

A. Notice to Bidders ..................................................................................................... I-1 B. Instruction to Bidders ............................................................................................... I-4 1.) General Note ................................................................................................... I-4 2.) Definition of Terms......................................................................................... I-4 3.) Qualification of Bidders .................................................................................. I-6 4.) Examination of Contract Documents and Site ................................................ I-6 5.) Availability of Lands for Work....................................................................... I-8 6.) Interpretations and Addenda ........................................................................... I-8 7.) Bid Security .................................................................................................... I-8 8.) Contract Times ................................................................................................ I-9 9.) Liquidated Damages ....................................................................................... I-9 10.) Substitute and or “Equal Items” ...................................................................... I-9 11.) Subcontractors, Suppliers and Others ............................................................. I-9 12.) Bid Form ....................................................................................................... I-10 13.) Disqualification ............................................................................................... I-10 14.) Submission of Bids ......................................................................................... I-11 15.) Modification and Withdrawal of Bids ............................................................ I-11 16.) Opening of Bids .............................................................................................. I-11 17.) Bids to Remain Subject to Acceptances ......................................................... I-12 18.) Award of Contract........................................................................................... I-12 19.) Contract Security ............................................................................................ I-12 20.) Signing of Agreement ..................................................................................... I-13 21.) Sales and Use Taxes........................................................................................ I-13 22.) Retainage ....................................................................................................... I-13 23.) Laws and Regulations .................................................................................... I-13 24.) Coordination with Others ................................................................................ I-13 25.) Non Collusive Bidding Certificate.................................................................. I-13 26.) Basis of Award ................................................................................................ I-13 27.) Notice of Special Conditions .......................................................................... I-13 28). Control of Work .............................................................................................. I-14 29). Control of Materials ........................................................................................ I-14 30.) Insurance Requirements .................................................................................. I-15

II. BID DOCUMENTS (Return with Bid)

1.) Title Page ....................................................................................................... II-1 2.) Bid Form ....................................................................................................... II-3 3.) Resolution of Board of Directors ............................................................................. II-8 4.) Non-Interruption of Work Agreement ..................................................................... II-10 5.) Bid ....................................................................................................... II-12 6.) Bid Security (Bond) ................................................................................................. II-20 7.) Acknowledgement of Receipt of Addenda ............................................................... II-22

PIN 1762.25

7.) Requirements Regarding Lobbying Activities on Federal Aid Contracts ............... II-27 8.) Non-Collusive Bidding Certification ....................................................................... II-28 9.) Disadvantaged Business Enterprise Utilization Goals ............................................. II-37 10.) Federal DBE Commitment and GFE Bid Requirements ........................................ II-39 11.) Certification for Federal Aid Contracts .................................................................. II-41 12.) Iran Divestment Act................................................................................................ II-43

III. AGREEMENT

Agreement ....................................................................................................... III-1 Certification of Attorney ................................................................................................ III-7 Affidavit of Workmen’s Compensations ....................................................................... III-9 Construction & Material Payment Bonds & Guarantees ............................................... III-11 Labor & Materials Payment Bond ................................................................................. III-13 Insurance Certificate ...................................................................................................... III-15

NYS Uniform Contracting Questionnaire ..................................................................... III-16 Addendum A & B ....................................................................................................... III-16 Appendix A – Standard Clauses for New York State Contracts (7 Pages)

IV. SPECIAL NOTES

Special Notes Listing. ............................................................................................................IV-1

V. SPECIFICATIONS

A. Specifications .................................................................................................................V-1 B. Definitions ......................................................................................................................V-1 C. Special Specifications ....................................................................................................V-3

VI. FEDERAL & STATE LABOR REQUIREMENTS FOR PUBLIC WORK

A. Federal Rates B. New York State Prevailing Wage Rates

VII. REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID PROJECTS

A. Equal Opportunity Requirements for Federal Aid Project ...................................... VII-2 B. Goals for Minority Participation in the Construction Industry ................................ VII-3 C. Required Contract Provisions for Federal Aid Projects ........................................... VII-4

APPENDICES

Right-of-Way Clearance Certificate……………………………………………………..Appendix A

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

PIN 1762.25

I - 1

I. GENERAL BID INFORMATION

A. NOTICE TO BIDDERS

Notice is hereby given that Washington County will accept sealed bids for:

Bridge Joint Replacement, Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River, Washington County, New York (BIN 3306350 & 3306810)

Contract will be awarded based upon the lowest qualified bid.

Contract Documents, including Invitation to Bidders, Instructions to Bidders, Wage Rates, Bid Documents, Agreement, Special Notes, Specifications, Contract Drawings and any Addenda will only be available electronically.

Bid documents may be obtained from the Washington County Bid Center on or after Thursday, January 22, 2026 at no cost from the following website: http://washingtoncountyny.gov/466/Purchasing.

Each bid must be accompanied by security in an amount not less than five percent (5%) of the amount of the bid in the form and subject to the conditions provided in the Instructions to Bidders. No bidder may withdraw his bid within forty-five (45) days after the actual date of opening thereof.

The attention of Bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under this Contract.

Bids to be considered must be received in a sealed envelope at the office of Barb Burch, Purchasing Coordinator, Washington County Purchasing Department, 383 Broadway, Room B240, Fort Edward NY, 12828 by 2:30 PM, local time, on February 19th, 2026 at which time and place they will be publicly opened and read aloud. Facsimile (FAX) bids will not be accepted. Bids received after the above noted time will not be accepted. All sealed envelopes should be clearly labeled "BID FOR REPLACEMENT OF BRIDGE JOINTS– Hegeman Bridge Road Over Batten Kill and CR 24 over Mettawee River." The sealed bids shall include the completed Bid Form, Non-Collusive Bidding Certification (as required by chapter 956 of the Laws of New York State), Federal DBE Commitment and GFE Bid Requirement form, and Bid Bond.

Bids must include one original, three copies and one electronic copy on a clearly labeled USB flash drive.

The Bidder to whom the Contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds from an acceptable Surety Company for an amount not less than 100% of the accepted bid.

Washington County reserves the right to consider the bids for forty-five (45) days after receipt before awarding any Contract, and to waive any informalities in, and to reject, any and all bids or to accept the one that in its judgment will be for the best interest of the County. All bids are subject to final review and approval by the Washington County Department of Public Works Superintendent before any award of contract may be made. Receipt of bids by the County shall not be construed as authority to bind the County.

http://washingtoncountyny.gov/466/Purchasing

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PIN 1762.25

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Owners Contact Engineers Contact Timothy J. Zinn, PE Alexander Brown, PE Washington County DPW Creighton Manning Engineering & Surveying, PLLC Phone: (518)746-2465 Phone: (518) 446-0396 Email: tzinn@washingtoncountyny.gov Email: abrown@cmellp.com

No questions or inquiries regarding this bid will be accepted within three (3) business days prior to the bid opening.

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B. INSTRUCTION TO BIDDERS

1. General Note

In general, the New York State Department of Transportation Office of Engineering Standard Specifications shall apply, except where modified in these specifications. The NYSDOT Standard Specifications are available at https://www.dot.ny.gov/main/business-center/engineering/specifications. The CONTRACTOR should note that the Project Plans are dimensioned in US Customary Units only, and that all Payment Items will be measured and paid in standard US Customary Units. Further direction is provided under SPECIAL NOTES. Where reference is made to New York State, State Department of Transportation, Commissioner, etc., the appropriate Washington County Department of Public Works, Bureau or Official shall be substituted.

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

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

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

2. Definition of Terms

Under Section 101-02 Definition and Terms

Chief Engineer Delete the stated definition. This term where used in the specifications or contract documents shall mean the "Washington County Department of Public Works Superintendent" or their authorized representative.

Commissioner Delete the stated definition. This term where used in the specifications or contract documents shall mean the "Washington County Department of Public Works Superintendent".

Comptroller Delete the stated definition. This term where used in the specifications or contract documents shall mean the "Washington County Department of Public Works Superintendent".

Department Delete the stated definition. This term where used in the specifications or contract documents shall mean the "Washington County Department of Public Works” and may also be used to mean the "Washington County Department of Public Works Superintendent" or their authorized representative except as noted.

https://www.dot.ny.gov/main/business-center/engineering/specifications https://www.dot.ny.gov/main/business-center/engineering/specifications

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

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Departmental Geotechnical Engineer Delete the stated definition. The "Washington County Department of Public Works Superintendent" or their authorized representative shall be responsible and is in charge of all engineering and construction work on this contract except as noted.

Departmental Engineering Geologist Delete the stated definition and substitute the same definition as above for Note 5.

Engineer or Engineer-In-Charge Delete the words "Department of Transportation" and substitute "Washington County Department of Public Works ". Also delete the words "Regional Director" and substitute "Washington County Department of Public Works Superintendent" except as noted.

Final Agreement Delete "State of New York, Department of Transportation" and substitute "Washington County Department of Public Works".

Inspector Delete "The Department of Transportation" and substitute "The authorized representative of the "Washington County Department of Public Works” except as noted.

Materials Bureau Delete the word “Bureau” and the stated definition and substitute "Washington County Department of Public Works has the responsibility in the quality assurance for materials to be used on the contract except as noted”.

Regional Director Delete the stated definition and substitute: "When used, means the Washington County Department of Public Works Superintendent".

State Delete the stated definition and substitute: "When used, means the "Washington County Department of Public Works, represented by the "Washington County Department of Public Works Superintendent" except as noted.

Under Section 102 - Bidding Requirements and Conditions

Location of Regional Offices Delete entire subsection -- not applicable.

Bid Deposit Delete from the 2nd and 3rd lines the words “State of New York,” and substitute "Washington County Purchasing Agent”.

Under subsequent sections of this document:

A. The term "Owner" means the Washington County Department of Public Works , and being the governmental unit whose name is given on the Contract Document cover.

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B. The term "Engineer" means Creighton Manning Engineering & Surveying, PLLC and or any duly authorized representative of this firm or the Washington County Department of Public Works.

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

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

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

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

3. Qualifications of Bidders

To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit within five days after Bid opening upon Owner’s request detailed written evidence such as financial data, previous experience present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of BIDDER’s qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

4. Examination of Contract Documents and Site

4.1 It is the responsibility of each BIDDER before submitting a Bid:

4.1.2 To examine thoroughly the Contract Documents and other related data identified in the bidding Documents (including “technical” data referred to below);

4.1.3 To visit the site to become familiar with and satisfy BIDDER as to the general, local and site conditions that may affect cost, progress, performance, or furnishing of the Work;

4.1.4. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which BIDDER has discovered in or between the Contract documents and such other related documents.

4.2 Reference is made to the Supplemental Information Available to Bidders, Special Notes and Appendices for identification of:

4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the “technical data” contained in such reports but

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

PIN 1762.25

I - 7 not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.

4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the “technical data” contained in such drawings but not upon other data, interpretations, opinions, or information shown or indicated in such drawings or otherwise relating to such structures, not upon the completeness thereof for the purposes of bidding or construction.

Copies of such reports and drawings will be made available by Owner to any BIDDER on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which BIDDER is entitled to rely upon. BIDDER is responsible for any interpretation or conclusion drawn from any “technical data” or any such data, interpretations, opinions, or information.

4.3 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by Owners of such Underground Facilities or others, and the Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise.

4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERS with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appears in Paragraphs 4.2 and 4.3 of the Instruction to Bidders.

4.5 Before submitting a Bid each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.6 On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests, and studies as each BIDDER deems necessary for submission of a Bid. BIDDER must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies.

4.7 Reference is made to the Special Notes for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, OWNER will provide to each BIDDER for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

PIN 1762.25

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4.8 The submission of a Bid will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception of the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures for construction (if any) that may be shown or indicated or expressly required by the Contract Documents, the BIDDER has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that BIDDER has discovered in the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.9 The provisions of 1-4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste, or Radioactive Material covered by Paragraph 4.5 of the Instruction to Bidders.

5 Availability of Lands for Work, etc.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional land and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are not anticipated and are to be obtained and paid for by OWNER if deemed necessary.

6 Interpretations and Addenda.

6.1 All questions about the meaning or intent of the bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) business days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER.

7 Bid Security

7.1 Each bid must be accompanied by Bid security made payable to OWNER in an amount of five percent of BIDDER’s maximum Bid Price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety.

7.2 The Bid security of Successful BIDDER will be retained until such BIDDER has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful BIDDER fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that BIDDER will be forfeited. The Bid security of other BIDDERS whom OWNER believes to have a reasonable chance of receiving the award may be retained by

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

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OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the thirty-sixth day after the Bid opening, whereupon Bid security furnished by such BIDDERS will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening.

8 Contract Times.

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment as set forth in Article 3 of the Agreement and as set forth herein.

The Work will be substantially completed by 90 calendar days from Notice to Proceed and completed and ready for final payment by 9/1/2026.

9 Liquidated Damages.

Provisions for liquidated damages, if any, are set forth in Article 3 of the Agreement.

10 Substitute and “Or-Equal” Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or “or-equal” items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or “or-equal’ item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement.

11 Subcontractors, Suppliers, and Others

11.1 If the identity of certain Subcontractors, Suppliers and other person and organizations (including those who are to furnished the principal items of material and equipment) are requested to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful BIDDER, and any other BIDDER so requested, shall within five days after Bid opening submit to OWNER a list of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor Supplier, person, or organization if requested by OWNER. An OWNER or ENGINEER who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person, or organization, may before the Notice of Award is given request apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid Price.

If apparent Successful BIDDER declines to make any such substitution, OWNER may award the contract to the next lower BIDDER that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any BIDDER. Any subcontractors, Supplier, other person or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

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I - 10 be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement.

11.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a Fee, apparent Successful BIDDER prior to the Notice of Award, shall identify in Writing to OWNER those portions of the Work that Such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER’s written consent.

11.3 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against who CONTRACTOR has reasonable objection.

12 Bid Form

12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing Office).

12.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

12.5 All names must be typed or printed in black ink below the signature.

12.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7 The address and telephone number for communications regarding the Bid must be shown.

12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown.

13 Disqualification

13.1 The Owner reserves the right to refuse to issue a Bid Form to a prospective BIDDER should such BIDDER be in default for any of the following reasons:

(a) Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the Proposal as a requirement for bidding.

(b) Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the Owner issues the Proposal to a prospective BIDDER.

(c) Contractor default under previous contracts with the Owner.

(d) Unsatisfactory work on previous contracts with the Owner.

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13.2 Bids received from BIDDERS who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A bid may be rejected if the BIDDER cannot show that he has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to prosecute and complete the work at the rate or within the time specified. A bid may be rejected if the BIDDER is already obligated for the performance of other work which would delay the commencement, prosecution or completion of the Work.

13.3 The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the Owner that such BIDDER is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

13.4 Bids shall be considered irregular for the following reasons:

(a) If the bid is on a form other than that furnished by the Owner, or, if the Owner’s form is altered, or, if any part of the Bid Form is detached.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

(c) If the bid is not accompanied by the bid security specified by the Owner.

14 Submission of Bids.

Bids shall be submitted at the time and place indicated in the Advertisement of Notice to BIDDER and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of BIDDER and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED” on the face of it.

15 Modification and Withdrawal of Bids

15.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

15.2 If, within three days after Bids are opened, any BIDDER files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and bid security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents.

16 Opening of Bids

Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to BIDDERS after the opening of Bids.

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17 Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for forty-five (45) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

18 Award of Contract.

18.1 OWNER reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids and to reject the Bid of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER, whether because the Bid is not responsible or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful BIDDER. Discrepancies between words and figures will be resolved in favor of the words. The OWNER also reserves the right to reject any proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a bid on the same contract.

18.2 In evaluating Bids, OWNER will consider the qualifications of BIDDERS, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.3 OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided Article 11 of in the Instruction to Bidders. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major item of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

18.4 Owner may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of BIDDERS, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time.

18.5 If the contract is to be awarded, it will be awarded to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project.

18.6 If the contract is to be awarded, OWNER will give Successful BIDDER a Notice of Award within forty-five (45) days after the day of the Bid opening.

19 Contract Security.

A Bid Security in the amount of 5% of the maximum Bid amount is required by the Contractor as part of the Bid. When the Successful BIDDER delivers the executed Agreement to OWNER, it must be accompanied by the required performance and payment Bonds.

Washington County Joint Replacement Hegeman Bridge Road over Batten Kill and CR 24 over Mettawee River

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20 Signing of Agreement

When OWNER gives a Notice of Award to the Successful BIDDER, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

21 Sales and Use Taxes

OWNER is exempt from New York State Sales and Use Taxes on materials and equipment to be incorporated in the Work. Said taxes should not be included in the Contract Price.

22 Retainage.

The Contract will not withhold retainage.

23 Laws and Regulations

All applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, they will be deemed to be included in the contract the same as though therein written out in full.

24 Coordination With Others

Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor, or operations of the Towns of Easton and Granville unless otherwise indicated in the Special Notes or detailed Specifications.

25 Non-Collusive Bidding Certificate

All Contractors bidding under the provisions of the specifications are subject to provisions of Section 103 of the General Municipal Law of the state of New York. A signed non-collusive certification is required to be submitted with each bid in the form specified with the bid documents.

26 Basis of Award

The contract will, at the discretion of the County, be awarded on the basis of competitive bids to the lowest responsible eligible bidder based on the Base Bid.

27 Notice of Special Conditions

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

A. Insurance requirements – Chapter 1-Item 30

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

C. Various Revised and Special Specifications, - Chapter V.

D. Prevailing wage rates required by N.Y.S. Labor Law – Chapter VI.

E. Required Contract Provisions, Federal Aid Construction Contracts, Chapter VII.

28 Control of Work

28.1 Authority Of Engineer

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

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

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

29 Control of Materials

All certificates of acceptability of materials required by the specifications shall be supplied by the Contractor at no expense to the sponsor. The Engineer shall have the right to approve of the laboratories or fabricators, which will issue the certificates.

The cost of the inspection by the Engineer of any unapproved plants shall be borne by the Contractor.

This shall include, but not be limited to, plants employed to provide mobile concrete, precast concrete units and steel reinforcement.

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

• all dimensions;

• all testing of materials

The NYSDOT Regional Materials Engineer shall be responsible for all Asphalt and Concrete plant inspection. The NYSDOT Geotechnical Engineer shall provide approval for all stockpiles and sources for granular material. In the event NYSDOT employees are unavailable, the Sponsor will

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I - 15 provide testing in all plants. The Contractor shall provide all on-site testing as required by specifications, the Sponsor shall provide all other on-site testing as required.

30 Insurance Requirements

The Contractor shall procure, at its own sole cost and expense, and shall maintain in force at all times during the term of the contract including any time extensions or renewals until Contract Final Acceptance, the policies of insurance covering all operations under the contract as herein set forth whether performed by the Contractor or by any other firm or company subcontracted by the Contractor, written by companies authorized by the New York State Department of Financial Services to issue insurance in the State of New York and that have an A.M. Best Company rating of (A-) or better or approved by the Department. The Department may, at its sole discretion, release the Contractor from the requirement to provide certain specified types of insurance if the Department determines that the Work related to that specific type of insurance (i.e., Railroad Protective Liability, Marine Protection & Indemnity) has been satisfactorily completed, therefore obviating the utility of the required insurance. The Department may, at its sole discretion, permit the placement of policies with a non-authorized carrier or carriers upon request by the Contractor accompanied by the documentation required by 11 NYCRR §27.0 et seq.; provided that nothing herein shall be construed to require the Department to accept insurance placed with a non-authorized carrier under any circumstances. The Contractor shall deliver to the Department evidence of such policies as the Department deems necessary to verify that the required insurance is in effect.

A. Conditions Applicable to Insurance. All policies of insurance required by this agreement must meet the following requirements:

1. Coverage Types and Policy Limits. The types of coverage and policy limits required from the Contractor are specified in Paragraph B Insurance Requirements below. General liability insurance shall apply separately on a per-job or per-project basis. Unless otherwise indicated, the required limits of liability for any insurance may be secured through any satisfactory combination of primary and/or excess /umbrella policies.

2. Policy Forms. Except as may be otherwise specifically provided herein or agreed in writing by the Department, policies must be written on an occurrence basis. In the event that occurrence based coverage is not commercially available, claims-made policy forms will be considered provided that, at minimum, it includes provisions that allow for (a) reporting circumstances or incidents that may give rise to future claims and (b) an extended reporting period of not less than three (3) years with respect to events that occurred but were not reported during the term of the policy. Insurance policies that remove or restrict blanket contractual liability located in the “insured contract” definition (as stated in Section V, Number 9, Item f in the ISO CGL policy) or that remove or modify the “insured contract” exception to the employer’s liability exclusion so as to limit coverage for claims that arise out of contract work, or that do not cover the additional insured for claims involving injury to employees of the named insured or Subcontractors (as the term subcontractor is used in CG 00 01 04

13) are not acceptable. Policy forms must be provided to the Department upon request

3. Certificates of Insurance/Notices. Contractor shall provide a Certificate or Certificates of Insurance, in a form satisfactory to the Commissioner, before commencing any work under this contract. Certificates or transmittal correspondence shall reference the project identification number (PIN) and local project number listed in this proposal. Certificates shall be provided to the Owner as required in the Section III (Agreement) of this contract manual.

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Name and address of Certificate Holder:

Deborah Donohue, PE

Superintendent Washington County Dept. of Public Works

383 Broadway, Fort Edward, NY, 12828

Unless otherwise agreed, policies shall be written so as to require that the policy will not be

(i) canceled, (ii) materially changed or (iii) permitted to expire or lapse for any reason except upon ten (10) days’ prior written notice to the Department by Certified Mail, Return Receipt Requested at the address stated above. In addition, if required by the Department, the Contractor shall deliver to the Department within ten (10) work days of such request a copy of any or all policies of insurance not previously provided, certified by the insurance carrier as true and complete. Certificates of Insurance shall:

a. Be in a form satisfactory to the Department. The ACORD 25 Certificate must be accompanied by an ACORD 855 “New York Construction Addendum” completed to indicate information about the liability insurance.

b. Be signed by an authorized representative of the insurance carrier or producer.

c. Disclose any deductible, self-insured retention, aggregate limit.

d. Refer to this Contract by number on the face of the certificate

If at any time during the term of this contract, it shall come to the attention of the Department that required insurance is not in effect or that adequate proof of insurance has not been provided, the Department may, at its option:

a. Direct the Contractor to suspend work and not re-enter the premises with no additional payment or extension of time due on account thereof, or

b. May withhold further contract payments in accordance with Article 8 No Payment Due to Contractor’s Non-Compliance of the contract agreement, or

c. Treat such failure as a breach or default of the contract.

4. Additional Insureds. All insurance policies required by these specifications, except workers’ compensation, disability, and professional liability shall be endorsed to provide coverage to “The State of New York/New York State Department of Transportation, any municipality in which the work is being performed, any public benefit corporation, railroad, or public utility whose property or facilities are affected by the work, and any consultants working for or on the project, and their agents or employees” with respect to any claim arising from…