Project Manual D0SBM00032.pdf

OPWDD Property Supports & Emergency Services | Capital Services Bureau OPWDD D&C Contract Management Unit | Division of Fiscal Policy and Management

PROJECT MANUAL

PRE-BID SITE VISIT(s) SCHEDULED:

Wednesday, August 12, 2026 – 8:00am Thursday, August 13, 2026 – 8:00am

SEE ADVERTISEMENT FOR BIDS INSIDE FOR DETAILS

PROJECT NO. D0SBM00032

WORK:

Water Remediation - Scribner Dr

LOCATION:

3601 Scribner Dr, Endicott, NY 13760

RELEASE DATE:

July 22, 2026

BID OPENING DATE:

September 22, 2026

MWBE GOALS: 0% SDVOB GOALS: 0%

Prepared by:

Prepared for:

State of New York

Office for People With Developmental Disabilities

Center for Property Supports & Emergency Services

44 Holland Avenue Albany, NY 12229

Phone (716) 608-2296 Email:

capital.services@opwdd.ny.gov

Clear Space:

PROJECT No: D0SBM00032

WORK:

CMM/SFE REFERENCE NO. and LOCATION:

LICENSED ARCHITECT/ENGINEER

Division 01 - General Requirements Specifications

Registration Expiration Date:

LICENSED ARCHITECT/ENGINEER

Drawings and Division 02 - 50 Technical Specifications

Registration Expiration Date:

RELEASE DATE: 7/22/2026

CLIENT: Office for People With Developmental Disabilities, PROJECT TEAM LEADER:

Seal(s) of Licensed Design Professionals:

Prevailing Wage Rate # 2026017829

DOCUMENT 000110

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

Document Number and Title

000101 Title Page (Cover)

000105 Certification Page

000110 Table of Contents

000115 List of Drawings

BIDDING REQUIREMENTS

Document Number and Title

001113 Advertisement for Bids

002113 Instructions to Bidders

002213 Supplementary Instructions to Bidders – MWBE-EEO

002218 Supplementary Instructions to Bidders – Pre-Bid Site Visit

002219 Supplementary Instructions to Bidders – Qualifications of Bidders/Pre-Award Submittals

004113 Bid Form - Standard Form

DCA-3 Offeror Disclosure of Prior Non-Responsibility Determinations

004313 Form of Bid Bond – Bid Security

004314 New York State Surety Bond

CONTRACTING REQUIREMENTS

Document Number and Title

SAMPLE Agreement Template - FOR REFERENCE ONLY

007214 General Conditions

007307 Supplementary Conditions – MWBE-EEO

007310 Supplementary Conditions – Contractor's Supervision

007322 Supplementary Conditions – Worker’s Compensation

007323 Supplementary Conditions – Vendor Responsibility

007324 Supplementary Conditions – Encouraging Use of New York State Businesses in Contract Performance

007326 Supplementary Conditions – Orders on Contract (Change Orders)

007327 Supplementary Conditions – SDVOB

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 – GENERAL REQUIREMENTS

Section Number and Title

011000 Summary of The Work

012100 Allowances

012200 Cost Computations

013300 Submittals

014100 Regulatory Requirements

015000 Construction Facilities Temporary Controls Short Version

016500 Materials and Equipment

017329 Removals Cutting and Patching

017716 Contract Closeout

DIVISION 02 – EXISTING CONDITIONS

(SEE DRAWINGS, WHICH ACCOMPANY THIS PROJECT MANUAL, FOR SPECIFICATIONS)

DIVISION 03 – CONCRETE

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

DIVISION 10 – SPECIALTIES

DIVISION 31 – EARTHWORK

DIVISION 32 – EXTERIOR IMPROVEMENTS

APPENDIX

Vendor Responsibility Questionnaire

Contractor References

BDC-329 Contractor's List of Subcontractors-Suppliers

Prevailing Rate Case Schedule and Notices

END OF TABLE OF CONTENTS

OPWDD D&C

OPWDD Rev.9/2023 000115 - 1 Project No. D0SBM00032

DOCUMENT 000115

LIST OF DRAWINGS

DRAWINGS

A. The Contract Drawings, which accompany this Project Manual and form a part of the Contract Documents, are listed on the Title Sheet of the Drawings.

END OF LIST

OPWDD Rev. 2/2024 001113 - 1 Project No. D0SBM00032

DOCUMENT 001113

ADVERTISEMENT FOR BIDS

Sealed bids for Project No. D0SBM00032, comprising a contract for Construction Work for Water Remediation - Scribner Dr, located at 3601 Scribner Dr, Endicott, NY 13760, Broome County, must be received by the Office for People With Developmental Disabilities (OPWDD), Design & Construction (D&C), Contract Management Unit, 26 Center Circle, Wassaic, NY 12592, on behalf of the Broome DDSOO, NO LATER THAN 2:00 p.m. on Tuesday, September, 22, 2026, when they will be publicly opened and read. Bid Opening to be held via Microsoft Teams, in addition to in person. Please see Instructions to Bidders for details. Each bid must be prepared and submitted in accordance with the Instructions to Bidders and must be accompanied by a bid security i.e. certified check, bank check, or bid bond in the amount of $6,500.00

Restricted Period Pursuant to State Finance Law §§139-j and 139-k, this solicitation includes and imposes certain restrictions on communications between OPWDD D&C CMU and a bidder during the procurement process. A bidder is restricted from making contacts from the earliest posting, on the OPWDD website, OGS website, in a newspaper of general circulation, or in the NYS Contract Reporter of written notice, advertisement or solicitation of offers through final award and approval of the contract by OPWDD D&C CMU and the Office of the State Comptroller (“Restricted Period”) to other than designated staff unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law §139-j(3)(a).

Designated staff are: Jennifer Vallely, Christopher Davis, Laura Pushkarsh, and Deborah C. Klase in the OPWDD Design & Construction, Contract Management Unit, telephone 845-877-6821 ext.3281, fax 845-877- 3004, email designandconstruction@opwdd.ny.gov. OPWDD D&C CMU employees are also required to obtain certain information when contacted during the restricted period and make a determination of the responsibility of the bidder pursuant to these two statutes. Certain findings of non-responsibility can result in rejection for contract award, and in the event of two findings within a 4-year period, the bidder is debarred from obtaining governmental Procurement Contracts. Bidders responding to this Advertisement must familiarize themselves with the State Finance Law requirements and will be expected to affirm that they understand and agree to comply on the bid form. Further information about these requirements can be found within the project manual or at:

https://ogs.ny.gov/ACPL/

Public Buildings Law § 8(6) Pursuant to Public Buildings Law § 8(6), effective January 11, 2020, for any projects where the project design commenced on or after January 1, 2020 and for any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise that submits a bid within ten percent of the lowest bid will be deemed the apparent low bidder provided that the bid is $1,737,918 or less, as adjusted annually for inflation beginning as of March 1, 2026. If more than one responsible and reliable MWBE firm meets these requirements, the MWBE firm with the lowest bid will be deemed the apparent low bidder.

___ Project commenced design before January 1, 2020. Not subject to provision.

X Project commenced design on or after January 1, 2020. Subject to provision.

Substantial Completion The substantial completion date for this project is stated in Section 011000 of the Specifications.

Pre- Bid Site Visit The only time prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area will be at 8:00 a.m. on 8/12/2026 and 8:00 a.m. on 8/13/2026, at 3601 Scribner Dr, Endicott, NY 13760. Prospective bidders are urged, but not mandated, to visit the site at this time. Prospective mailto:designandconstruction@opwdd.ny.gov https://ogs.ny.gov/ACPL/

OPWDD Rev. 2/2024 001113 - 2 Project No. D0SBM00032 bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Note that parking restrictions and security provisions will apply, and all vehicles will be subject to search. Refer to Document 002218 Supplementary Instructions to Bidders – Pre- Bid Site Visit for additional information and requirements for attendance at the pre-bid site visit.

For assistance pertaining to the site visit only, please phone Russ Seidel at (607) 788-0419 or Dan Blair at (607) 793-7071.

MWBE and SDVOB Participation Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OPWDD is required to promote opportunities for the maximum feasible participation of New York State-certified Minority- and Women-owned Business Enterprises (“MWBEs”) and the employment of minority group members and women in the performance of OPWDD contracts. All bidders are expected to cooperate in implementing this policy.

OPWDD will establish MWBE participation goals on contracts in excess of $100,000.00 for real property renovations and construction.

OPWDD hereby establishes an overall goal of 0% for MWBE participation, 0% for Minority-Owned Business Enterprises (“MBE”) participation and 0% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs). The total contract goal can be obtained by utilizing any combination of MBE and /or WBE participation for subcontracting and supplies acquired under this Contract. Bidders are encouraged to make “good faith efforts” to promote and assist in the participation of MWBEs on the Contract for the provision of services and materials.

OPWDD will establish SDVOB participation goals on contracts in excess of $100,000.00 for real property renovations and construction.

Article 3 of the Veteran’s Services Law provides for more meaningful participation in public procurement by certified Service-Disabled Veteran-Owned Businesses (“SDVOBs”). Bidders are expected to consider SDVOBs in the fulfillment of the requirements of the Contract. Such participation may be as subcontractors or suppliers, as protégés, or in other partnering or supporting roles. OPWDD hereby establishes overall goals for SDVOBs’ participation under this contract as follows: 0%. Bidders are encouraged to make “good faith efforts” to promote and assist in the participation of SDVOBs on the Contract for the provision of services and materials.

Bidding and Contract Documents The Bidding and Contract Documents for this Project are available for viewing and downloading from The New York State Contract Reporter (NYSCR). Vendors wishing to view and/or download bid documents must complete a one-time registration for the New York State Contract Reporter. There is no cost to register for NYSCR. Registration along with viewing and downloading of documents can be accessed at the following link:

https://www.nyscr.ny.gov

The Office for People With Developmental Disabilities reserves the right to reject any or all bids.

OPWDD Design & Construction, Contract Management Unit

END OF DOCUMENT

https://www.nyscr.ny.gov/

OPWDD Rev. 12/2024 002113 - 1 Project No. D0SBM00032

DOCUMENT 002113

INSTRUCTIONS TO BIDDERS

EXAMINATION OF DOCUMENTS

1. Carefully examine and be familiar with the Bidding and Contract Documents.

2. Examine information concerning subsurface or other latent physical conditions. It is presented in good faith but is not intended as a substitute for personal investigation, interpretations, or judgment of the Contractor.

VISIT TO THE SITE

1. Visit the Site of the Work prior to submitting your bid. Refer to the Advertisement for Bids and

Supplementary Instructions to Bidders- Pre-Bid Site Visit for additional details and instructions.

2. Become familiar with restrictions and regulations established by the site(s) or facility. Existing restrictions and regulations will not be considered as grounds for any additional cost over the Contract sum.

3. Assume the risk of encountering any subsurface or other latent physical condition that can be reasonably anticipated on the basis of documentary information provided by the State and from inspection and examination of the Site.

4. Interpretations of contract documents by site or facility personnel are not binding.

DESIGNATED, PERMISSIBLE, IMPERMISSIBLE CONTACTS AND QUESTIONS

1. The designated contacts during the restricted period for this procurement will be:

• Jennifer Vallely, CMS1, D&C, Contract Management Unit, telephone – (845)877-6821x3333

• Christopher Davis, CMS2, D&C, Contract Management Unit, telephone – (845)877-6821x3393

• Laura Pushkarsh, Associate Director of Contracts, D&C, Contract Management Unit, telephone –

(845)877-6821x3274

• Deborah C. Klase, Associate Director of Contracts, D&C, Contract Management Unit, telephone –

(845)877-6821x3327

2. State Finance Law §139-j recognizes a series of permissible contacts that can go to other than the designated contacts, as follows:

a. The submission of written proposals in response to a request for proposals, invitation for bids or any other method for soliciting a response from offerors intending to result in a procurement contract.

b. The submission of written questions to a designated contact set forth in a request for proposals, or invitation for bids, or any other method for soliciting a response from offerors intending to result in a procurement contract, when all written questions and responses are to be disseminated to all offerors who have expressed an interest in the request for proposals, or invitation for bids, or any other method for soliciting a response from offerors intending to result in a procurement contract.

c. Participation in a conference provided for in a request for proposals, invitation for bids, or any other method for soliciting a response from offerors intending to result in the procurement contract.

d. Complaints by an offeror regarding the failure of the person or persons designated by the procuring governmental entity pursuant to this section to respond in a timely manner to authorized offeror contacts made in writing to the office of general counsel of the procuring

OPWDD Rev. 12/2024 002113 - 2 Project No. D0SBM00032 governmental entity, provided that any such written complaints shall become a part of the procurement record.

e. Offerors who have been tentatively awarded a contract and are engaged in communication with a governmental entity solely for the purpose of negotiating the terms of the procurement contract after being notified of tentative award.

f. Contacts between designated governmental staff of the procuring governmental entity and an offeror to request the review of a procurement contract award.

g. Contacts by offerors in protests, appeals or other review proceedings (including the apparent successful bidder or proposer and his or her representatives) before the governmental entity conducting the procurement seeking a final administrative determination, or in a subsequent judicial proceeding.

h. Complaints of alleged improper conduct in a governmental procurement to the attorney general, inspector general, district attorney, or court of competent jurisdiction.

i. Written protests, appeals or complaints to the New York State Office of the State Comptroller (OSC) during the process of contract approval, where OSC’s approval is required by law, and where such communications and any response thereto are made in writing and shall be entered in the procurement record pursuant to §163 of the State Finance Law.

j. Complaints of alleged improper conduct in a governmental procurement conducted by a municipal agency or local legislative body to OSC’s office.

k. Permissible Contacts are only with the procuring agency unless specifically excepted.

3. Impermissible contacts include those that a reasonable person would infer are intended to influence a governmental procurement and occur during the restricted period of a governmental procurement between the offeror and any member, officer or employee of any governmental entity; provided, however, that nothing in this section shall be deemed to prohibit an offeror from communicating with a member of the state legislature or legislative staff about a governmental procurement. Contacting a person or entity other than the designated contact person during the restricted period, when such contact does not fall within one of the exemptions, is also an impermissible contact.

• Direct all questions regarding the bidding and contract documents, intent, or meaning of the drawings or specifications to the designated contacts at:

designandconstruction@opwdd.ny.gov All questions pertaining to this Project must be received no later than the final date to submit questions.

FINAL DATE TO SUBMIT QUESTIONS: Wednesday, August 26, 2026

• All responses to appropriate pre-bid inquiries will be communicated via the NYS Contract Reporter website New York State Contract Reporter (ny.gov) no later than the Official Responses to Questions date.

OFFICIAL RESPONSES TO QUESTIONS: Wednesday, September 9, 2026

• Those inquiries resulting in clarification and or changes to the bid documents will be communicated by Addenda issued via the NYS Contract Reporter website New York State Contract Reporter (ny.gov), no later than Final Date to Issue Addenda.

FINAL DATE TO ISSUE ADDENDA: Monday, September 14, 2026

• Bids must be received as detailed in the Advertisement for Bids https://www.nyscr.ny.gov/

OPWDD Rev. 12/2024 002113 - 3 Project No. D0SBM00032

FINAL TIME AND DATE TO SUBMIT BIDS: 2:00 PM on Tuesday, September 22, 2026

4. Pre-bid inquiries answered by means other than Addenda will not be binding.

5. OPWDD reserves the right to change any of the scheduled dates herein upon notice to the Bidders.

PREPARATION OF BIDS

1. Prepare each bid on the official form furnished by the State. Enter all amounts in numerals in whole dollar amounts. Make no erasures, cross-outs, whiteouts, write-overs, obliterations, or changes of any kind in the Bid Form phraseology, in the entry of unit prices, or anywhere on the Bid Form. Fill in all blank spaces legibly. An illegible entry may disqualify the bid in its entirety. If a mistake is made, use a new Bid Form. No post bid meetings will be afforded to any bidder to explain or clarify illegible or changed entries.

2. Sign the Bid Form in the space provided. An officer or a principal of a corporation or a partnership signing for the bidder shall print or type the legal name of the person, partnership, or corporation on the line provided and place his/her signature after “SIGN BID HERE”. The same procedure shall apply to the bid of joint venture by two or more firms, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required. All signatures must be original. Mechanically reproduced signatures, stamps, or copies are not acceptable. Submitted Bid Forms that do not conform to these requirements will be disqualified.

3. Note in the space designated on the Bid Form, the Addenda by numbers and dates, which have been issued via the NYS Contract Reporter website. If no Addenda have been issued, insert the word “NONE”.

4. All bidders must complete a form DCA-3 – Offeror Disclosure of Prior Non-Responsibility Determinations and include it with their Bid Form.

5. All contractors submitting bids on public work projects are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i. The registration number must be entered in the space provided on the Bid Form. Failure to possess an active and verifiable registration at the time of bid will result in disqualification of the bid.

BID SECURITY INFORMATION

1. Bid security is required as a guarantee that the bidder will enter into the Contract and that the bidder will furnish all required information to enter into the Contract within ten days after receipt of notice of intent to award. Submit bid security in the amount indicated in the Advertisement for Bids in one of the following forms:

a. Certified check or bank check drawn upon a legally incorporated bank or trust company (payable to the Office for People With Developmental Disabilities).

b. Bid Bond on OPWDD Form 004313 to be issued by a Surety licensed in the State of New York.

2. Upon submission of a certified check or bank check, the bid security of the successful bidder will be returned (check issued by OPWDD) pending the execution of Contract. The second low bidder’s bid security will be returned after the successful bidder executes the Contract or with the submission of an approved Substitute Bid Bond on the Design and Construction form. The bid security of all other bidders with a bid security in the form of checks will be returned as soon as possible after the apparent low bidder has been determined.

3. Bid Bonds submitted as bid security will not be automatically returned to the bidder. Firms requesting to have bonds returned may do so in writing provided they are not the first or second low bidder prior to award. Only those requests made in writing, directed to the D&C Contract Management Unit, shall be considered for return.

4. Sign the Bid Bond in the space provided. An officer or a principal of a corporation or a partnership signing for the bidder shall print or type the legal name of the person, partnership, or corporation on the

OPWDD Rev. 12/2024 002113 - 4 Project No. D0SBM00032 line provided and place his/her signature above “Principal”. The same procedure shall apply to the bid security of a joint venture by two or more firms, except that the signature and title of an officer or a principal of each member firm of the joint venture shall be required. The same procedure shall apply to the signature for the Attorney-in-Fact. All signatures must be original. Electronic, mechanically reproduced, or stamped signatures, or copies, are not acceptable for either signature. Submitted Bid Security that does not conform to these requirements will be disqualified.

SUBMISSION OF BID

1. Submit Bid Form, bid security, Certificate of Contractor Registration with the NYS DOL, and form DCA-

3 – Offeror Disclosure of Prior Non-Responsibility Determinations in a sealed envelope with the following information clearly displayed on the exterior of the packaging: the words “SEALED BID ENCLOSED”, Project Number of Bid, Bid Opening Date: Tuesday, September 22, 2026, Company Name, and Address.

2. Sealed Bids should be mailed, or hand delivered to the following address:

OPWDD

Design & Construction, Contract Management Unit – Project No. D0SBM00032 C/O Jennifer Vallely 26 Center Circle, Building 58, Service Building Wassaic, New York, 12592-2637

Telephone, email, or fax bids will not be accepted.

3. All bids must be received before the time specified, and at the place designated for the receipt of bids in the Advertisement for Bids.

4. A late bid will not be considered.

5. A late bid not eligible for consideration will be returned unopened with notification of the reason for its refusal.

MODIFICATION OF BID

Bid modifications by amendment will only be considered on condition that: (1) the amendment arrives no less than three (3) hours before the time specified, and at the place designated for receipt of bids, (2) the amendment is in writing and executed by a principal of the bidder firm, and (3) the bid, as amended, conforms in all respects with the Contract Documents. Bid modifications must be prepared on company letterhead, signed by a principal of the bidder firm, and e-mailed to designandconstruction@opwdd.ny.gov, faxed to (845)877-3004, hand-delivered, or mailed to the Contract Management Unit at the place designated for receipt of bids. Bidders may use a bid modification to acknowledge addenda and/or change the bid amount. DO NOT use the OPWDD Bid Form to submit bid modifications. Indicate any amounts to be added to or deducted from any part of the bid amount with the words “ADD” or “DEDUCT” next to the amount. The only amounts listed on a bid modification should be the amounts to be added or deducted. DO NOT expose the new bid amount on the bid modification. If the bid amount is shown on the bid modification, or otherwise exposed at any time before the bid opening, the bid will be disqualified.

WITHDRAWAL OF BID

1. A bid may be withdrawn at any time prior to the time specified for receipt of bids. Should a bidder decide to withdraw its bid before the bid opening, the request must be prepared on company letterhead, signed by a principal of the bidder firm, and e-mailed to designandconstruction@opwdd.ny.gov, faxed to (845)877- 3004, hand-delivered, or mailed to the Contract Management Unit at the place designated for receipt of bids. OPWDD will fax or e-mail an acknowledgment of the withdrawal request that includes an indication that the unopened bid will be returned. Should the withdrawal request be in error, the bidder must call the Contract Management Unit at (845)877-6821 x3281 immediately. The unopened bid will be returned by mail to the bidder.

OPWDD Rev. 12/2024 002113 - 5 Project No. D0SBM00032

2. Not more than 5 business days after the bid opening, a low bidder may request the withdrawal of its bid based on a mistake. The request must be submitted via certified or registered mail to the address to which the bid was directed. The Contracting Officer may conduct or have conducted on their behalf a fact-finding proceeding to develop information concerning the request for withdrawal. A request for withdrawal of a bid made after the specified number of days allowed shall result in automatic forfeiture of the bid security.

3. Following a timely request for withdrawal of a bid, the bid security will be returned if the bidder establishes by credible evidence, including original documents when requested, the following:

a. An error, clerical as opposed to judgmental in nature and verifiable by written evidence, occurred in the computation of the bid,

b. The error constitutes either an unintentional and substantial computational error or an unintentional omission of a substantial quantity of labor and/or material from the final bid computation,

c. The absence of gross negligence in the preparation of the bid. For the purposes of this subparagraph, gross negligence may include,

i) the apparent failure of a bidder to account for two or more categories (divisions) of work,

ii) the use of multiple erroneous quotations from subcontractors or suppliers,

iii) submission to the Contracting Officer of a bid withdrawal request within the preceding six (6) months.

4. If the bidder fails to meet its burden of proof, the request to withdraw without penalty shall be denied and its bid security will be forfeited and become the property of the State. The decision of the Contracting Officer shall be final and conclusive.

5. Once a request to withdraw is made, the bidder is ineligible for award. The Contracting Officer shall continue to progress the award process considering only the remaining bids.

6. OPWDD may withdraw the Solicitation at any time, at the agency’s sole discretion.

DISQUALIFICATION

1. Any bid which fails to conform to the requirements of the Bidding and Contract Documents may be rejected.

2. The Commissioner may waive any informality or afford the bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity.

3. The State reserves the right to disqualify bidders, before or after bid opening, upon evidence of collusion with third parties or other illegal practices upon the part of the bidder.

4. Bidders may review the list of common Bid Informalities and Bid Disqualifications at:

https://online.ogs.ny.gov/dnc/contractorConsultant/esb/informalitylist.asp

CONFLICT OF INTEREST

1. Any firm that provided services such as, but not limited to, design, surveying, hazardous materials

(HazMat) monitoring, soil testing, etc., as a prime or subconsultant during the design of the current project, or any firm in which a principal, stockholder, or member of any prime contractor that has financial interest, shall not be permitted to bid on or provide any services either as a prime or subcontractor under any contracts, construction or otherwise, that arise from this solicitation.

https://online.ogs.ny.gov/dnc/contractorConsultant/esb/informalitylist.asp

OPWDD Rev. 12/2024 002113 - 6 Project No. D0SBM00032

GOVERNING LAWS AND REGULATIONS ADMINISTERED BY OTHER DEPARTMENTS

1. Taxes: All taxes pertaining to the Work must be paid. Address inquiries regarding taxes to the Tax Collecting Agency. For information regarding sales and use taxes contact the Sales Tax Bureau, Department of Taxation and Finance.

2. While all applicable laws, rules and regulations of the State of New York are incorporated by reference in this Contract, take special note of the provisions of the Labor Law and Industrial Code Rule 23 relative to the safety of workers and of persons lawfully occupying or using the premises. Address inquiries regarding labor law provisions to the New York State Department of Labor.

3. Anti-Discrimination Clause: Discrimination against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability, or marital status is prohibited.

OPENING OF BIDS

1. Bids will be opened at the time and place designated in the Advertisement for Bids.

2. Bid Opening will be held at the time and place designated in the Advertisement for Bids both in person and via Microsoft Teams following standard formal bid opening procedures. If bidders wish to attend remotely, they may do so by calling: 1-518-801-9699 at 2PM on Tuesday, September 22, 2026. Bidders will be asked for a Phone Conference ID. Enter 216 624 335 followed by the # sign.

3. OPWDD reserves the right to seek clarifications and revisions of proposals.

DETERMINATION OF CONTRACTOR’S RESPONSIBILITY

1. The State Public Buildings Law requires that contracts for public work in the State of New York be awarded to the lowest responsible and reliable bidders as will best promote the public interest.

2. Each apparent low bidder, and each proposed subcontractor (for subcontract work of $100,000 or more) will be required to submit form CCA-2 - New York State Vendor Responsibility Questionnaire For Profit Construction prior to contract award or subcontractor approval. OPWDD reserves the right to request CCA-2 forms from proposed subcontractors for work of less than $100,000 if it is determined to be in the best interest of the State. Submission of these forms will assist the State in determining the responsibility and reliability of the vendor.

OPWDD recommends that vendors file the required CCA-2 form online via the New York State VendRep System. Use of this system requires that the vendor have a New York State Vendor Identification Number (Vendor ID). Please note that the Vendor ID is not the Taxpayer ID number.

If bidders do not already have a Vendor ID, they are encouraged to obtain one in advance of the bid opening.

To obtain a Vendor ID, contact the OSC Help Desk at 866-370-4672 or 518-408-4672, or by e-mail at ITServiceDesk@osc.state.ny.us.

To enroll in and use the VendRep System, see the VendRep System page at:

http://www.osc.state.ny.us./vendrep/info_vrsystem.htm

If you already have a User ID and password, go directly to the VendRep System online at:

https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

For direct VendRep System user assistance, contact the OSC Help Desk; the help desk phone numbers and e-mail address are shown above.

mailto:ITServiceDesk@osc.state.ny.us http://www.osc.state.ny.us./vendrep/info_vrsystem.htm https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire

OPWDD Rev. 12/2024 002113 - 7 Project No. D0SBM00032

Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website at http://www.osc.state.ny.us/vendrep/forms_vendor.htm or may telephone the OSC Help Desk.

3. After the bids are opened, the apparent low bidder shall complete and file the CCA-2 within 5 days.

Vendors using the online system may certify (or recertify) and file the CCA-2 electronically via the VendRep System (https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire).

4. It is recommended that all bidders become familiar in advance with all of the requirements of the CCA-

2. As mentioned in 2. of this section, bidders who do not have a Vendor ID are encouraged to obtain one in advance of the bid opening.

5. All bidders must submit a completed form DCA-3 - Offeror Disclosure of Prior Non-Responsibility Determinations along with their Bid Form.

6. The determination of responsibility will include a review to ensure the Contractor has not knowingly and willfully violated the provisions of the Procurement Lobby Law or New York State Finance Law §139-j and §139-k.

7. New York State Finance Law §139-k (2) obligates a Governmental Entity to obtain specific information regarding prior non-responsibility determinations. This information must be collected in addition to the information that is separately obtained pursuant to State Finance Law §163(9). In accordance with State Finance Law §139-k, a Contractor must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139-j or (b) the intentional provision of false or incomplete information to a Governmental Entity.

8. As part of its responsibility determination, State Finance Law §139-k(3) mandates consideration of whether a Contractor fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no procurement contract shall be awarded to any Contractor that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offeror is necessary to protect public property or public health safety, and that the Offeror is the only source capable of supplying the required Article of Procurement within the necessary time frame.

AWARD OF CONTRACT

1. The Contract may be awarded to the lowest responsible and reliable bidder as will best promote the public interest.

2. The State reserves the right to reject any or all bids, and advertise for new bids, if in its opinion the best interest of the State will thereby be promoted. In the event that all bids are rejected, each bidder will be so notified.

3. A bidder may withdraw its bid if no award is made within forty-five (45) days after the receipt of bids. A written notice must be submitted via certified or registered mail to the address in Submission of Bid Paragraph 2 of these Instructions to Bidders prior to approval of the contract by the Comptroller of the State of New York. The notice must clearly state that the withdrawal is based on the fact that the contract was not awarded within 45 days after the receipt of bids.

4. Pursuant to Public Buildings Law § 8(6), effective January 11, 2020, for any projects where the project design commenced on or after January 1, 2020 and for any contracts over $5,000 for the work of construction, reconstruction, alteration, repair, or improvement of any State building, a responsible and reliable NYS-certified Minority or Women-Owned Business Enterprise (“MWBE”) that submits a bid within ten percent of the lowest bid will be deemed the apparent low bidder provided that the MWBE bid is $1,737,918 or less, as adjusted annually for inflation as of March 1, 2026. If more than one responsible or reliable NYS-certified MWBE firm meets these requirements, the MWBE firm with the lowest bid will be deemed the apparent low bidder. Refer to the Advertisement for Bids for applicability of projects subject to these criteria.

http://www.osc.state.ny.us/vendrep/forms_vendor.htm

OPWDD Rev. 12/2024 002113 - 8 Project No. D0SBM00032

MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES

1. Pursuant to New York State Executive Law Article 15-A and the rules and regulations promulgated thereunder, OPWDD is required to promote opportunities for the maximum feasible participation of NYS-certified Minority- and Women-owned Business Enterprises and the employment of minority group members and women in the performance of OPWDD contracts.

2. Information on MWBEs, including a directory of MWBE’s, is available from:

NYS Empire State Development Minority and Women’s Business Development Division 30 South Pearl Street Albany, NY 12245 Telephone: (518) 292-5252 Website: https://esd.ny.gov/doing-business-ny/mwbe

VENDOR PROTEST POLICY

It is the policy of OPWDD to provide all vendors, prospective bidders, bidders, suppliers and contractors with an opportunity to resolve complaints or inquiries related to bid solicitations, contract awards, or other associated contract award actions. OPWDD encourages vendors to seek resolution of complaints related to bid solicitations, contract awards, or other associated actions through consultation with the agency designated contact(s). All such complaints will be given impartial and timely consideration, through a process of debriefing.

Vendors may also file formal written protests.

Bidders wishing to file formal written protest of the awarding of a bid(s) must notify OPWDD, in writing, of their intent to protest the award within ten (10) calendar days of the public bid opening. The protest should identify the name and number of the Project and the bid opening date; indicate the bidder’s interpretation as to why they feel they were denied the award (i.e., summarize the deficiencies identified during the debriefing) and state their justification for the bid protest. Bid protests must be mailed to NYS OPWDD, Contract Management Unit, D&C 44 Holland Avenue, 3rd Floor, Albany, New York 12229-0001.

POLICY ON TIED BIDS

A tie-bid is defined as an instance where bids are received from two or more bidders who are the apparent low responsive and reliable bidders with identical offers, or who are MWBEs with identical offers with bids of $1,628,283 or less and whose bids are within ten percent of the lowest bid. A tie-bid does not exist when an apparent low bidder has an identical offer to an MWBE, as the MWBE is deemed the apparent low bidder pursuant to Public Buildings Law § 8(6). It is the policy of OPWDD to settle the outcome of tie-bids by random selection via www.random.org within 24 hours of the bid opening. All affected firms will be notified of the tie and the time and place of the resolution of the time the random selection will be held at OPWDD, Contract Management Unit, 25 Center Circle, Wassaic, New York. Two impartial witnesses will be provided and shall be present. All attendees will acknowledge the results of the tie-breaker on the bid tabulation sheet.

All firms affected by the tied bids will be notified of the results. The results pursuant to this provision shall be considered final.

POLICY ON BID CALCULATION ERRORS

In the event of a calculation error made when entering the Total Bid Amount on the Bid Form, OPWDD will correct the Total Bid Amount based on the sum of the amount(s) entered for All Work except Allowance(s) and the amount of Allowance(s).

WORKERS’ COMPENSATION INSURANCE AND DISABILITY BENEFITS REQUIREMENTS

Workers’ Compensation Law (WCL) §57 & §220 requires the heads of all municipal and state entities to ensure that businesses applying for permits, licenses or contracts provide proof that they have appropriate workers’ compensation and disability benefits insurance coverage. These requirements apply to both original https://esd.ny.gov/doing-business-ny/mwbe http://www.random.org/

OPWDD Rev. 12/2024 002113 - 9 Project No. D0SBM00032 contracts and renewals, whether the governmental agency is having the work done or is simply issuing the permit, license or contract. Failure to provide proof of such coverage or a legal exemption will result in a rejection of the vendor’s bid or renewal.

1. Proof of Compliance with Workers’ Compensation Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to workers’ compensation coverage, a contractor shall: (1) obtain such coverage from an insurance carrier; or (2) be a Workers’ Compensation Board-approved self-insured employer or participate in an authorized self-insurance plan; or (3) be legally exempt from obtaining Workers’ Compensation insurance coverage.

An ACORD 25 form is NOT acceptable as proof of workers’ compensation coverage.

A Contractor seeking to enter into a contract with the State of New York MUST provide ONE of the following forms to OPWDD upon request, prior to award:

a. CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, which is available on the Workers’ Compensation Board’s website, www.wcb.ny.gov, under the heading “Forms”, OR

b. C-105.2 – Certificate of Workers’ Compensation Insurance (the contractor’s insurance carrier will send this form to OPWDD upon request); contractors insured through the New York State Insurance Fund should use their version of the form, the U-26.3; OR

c. SI-12 – Certificate of Workers Compensation Self-Insurance (the contractor should call the Workers’ Compensation Board’s Self-Insurance Office at 518 402-0247), OR GSI-105.2 – Certificate of Participation in Workers’ Compensation Group Self-Insurance (the contractor’s Group Self-Insurance Administrator will send this form to OPWDD upon request).

2. Proof of Compliance with Disability Benefits Coverage Requirements: In order to provide proof of compliance with the requirements of the Workers’ Compensation Law pertaining to disability benefits, a contractor shall: (1) obtain such coverage from an insurance carrier; or (2) be a Board-approved self-insured employer; or (3) be legally exempt from obtaining disability benefits coverage.

An ACORD 25 form is NOT acceptable as proof of disability benefits coverage.

A Contractor seeking to enter into a contract with the State of New York MUST provide ONE of the following forms to OPWDD upon request, prior to award:

a. CE-200 – Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability Benefits Coverage, which is available on the Workers’ Compensation Board’s website, www.wcb.ny.gov, under the heading “Forms”, OR

b. DB-120.1 – Certificate of Disability Benefits Insurance (the contractor’s insurance agent, broker or carrier will send this form to OGS upon request), OR

c. DB-155 – Certificate of Disability Benefits Self Insurance (the contractor should call the Workers’ Compensation Board’s Self-Insurance Office at 518 402-0247).

3. All of the above-referenced forms, except the CE-200, SI-12 and DB-155, must show the following as the Entity Requesting Proof of Coverage (entity being listed as the Certificate Holder):

NYS Office for People With Developmental Disabilities Design & Construction Contract Management Unit 26 Center Circle Wassaic, NY 12592 http://www.wcb.ny.gov/ http://www.wcb.ny.gov/

OPWDD Rev. 12/2024 002113 - 10 Project No. D0SBM00032

IRAN DIVESTMENT ACT

1. By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive bidders/Offerors Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

2. During the term of the Contract, should OPWDD receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, OPWDD will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then OPWDD shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

3. OPWDD reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

OPWDD Rev. 9/2023 002213 - 1 Project No. D0SBM00032

DOCUMENT 002213

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS - MWBE-EEO

This Supplement modifies the Instructions to Bidders. Where any part of the Instructions to Bidders is modified by this supplement, the unaltered provisions of that part shall remain in effect.

Add the following:

MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES

MWBE GOALS

1. To ensure meaningful participation in the Project of certified Minority- and Women-Owned Business Enterprises (“MWBEs”) under the Contract, OPWDD has established goals set forth in the Supplementary Conditions – MWBE-EEO.

2. All bidders should note that important definitions and conditions relating to the foregoing MWBE goals are contained in the Supplementary Conditions – MWBE-EEO.

3. In order to assist the State in determining compliance with the goals set forth in the Supplementary Conditions – MWBE- EEO the apparent low bidder may be required to submit an MWBE Utilization Plan via the New York State Contracting System (NYSCS) prior to Contract award or subcontractor approval.

4. If unable to submit an MWBE Utilization Plan through the NYSCS, the apparent low bidder must use the MWBE Utilization Plan form to submit the plan. The MWBE Utilization Plan form is available for download at https://opwdd.ny.gov/procurement-opportunities and may be mechanically reproduced. Additional copies may be obtained upon request.

5. If required, the apparent low bidder must submit the completed MWBE Utilization Plan within ten (10) days after the bids are opened. OPWDD will review the submitted MWBE Utilization Plan and advise the bidder of OPWDD’s acceptance or issue a notice of deficiency within ten (10) days of receipt.

MWBE CERTIFICATION

1. All Minority- and Women-Owned Business Enterprises (“MBEs” or “WBEs”) proposed as contractors, subcontractors or suppliers must be certified by the NYS Empire State Development, Division of Minority and Women’s Business Development to be eligible for MBE or WBE credit on this project.

LIQUIDATED DAMAGES – MWBE PARTICIPATION

1. Refer to Supplementary Conditions - MWBE-EEO, Article 27.5 for “Liquidated Damages – MWBE Participation”.

https://opwdd.ny.gov/procurement-opportunities

OPWDD Rev. 9/2023 002218 - 1 Project No. D0SBM00032

DOCUMENT 002218

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS - PRE-BID SITE VISIT

This Supplement modifies the Instructions to Bidders. Where any part of the Instructions to Bidders is modified by this supplement, the unaltered provisions of that part shall remain in effect.

VISIT TO THE SITE

Add the following to DOCUMENT 002213 INSTRUCTIONS TO BIDDERS, VISIT TO THE SITE, Item 1.:

a. Prospective bidders will be allowed to visit the job site to take field measurements and examine existing conditions of the project area only during the pre-bid site visit. The date, time, location of the pre-bid site visit(s), and the phone number are included in the Advertisement for Bids. Prospective bidders are urged to visit the site at this time.

Prospective bidders or their representatives attending the pre-bid site visit will not be admitted on facility grounds without proper photo identification. Parking restrictions and security provisions will apply, and vehicles will be subject to search.

b. It is the Bidders obligation to visit the site they wish to bid on. OPWDD will make no allowance or concession to the Bidder for any alleged misunderstanding or deception because of quality, character, location, or other conditions. It is the responsibility of the bidder to know the site(s) requirements based upon the Work being requested.

c. Any questions that arise during the visit to the site must be directed to the designated contacts specified in the Advertisement for Bids, preferably via email at the following address: designandconstruction@opwdd.ny.gov All questions must be received by the final date to submit questions specified in the Instructions to Bidders.

OPWDD Rev. 9/2023 002219 - 1 Project No. D0SBM00032

DOCUMENT 002219

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS - QUALIFICATIONS OF

BIDDERS AND MANDATORY PRE-AWARD SUBMITTAL REQUIREMENTS

(PROVIDED IN THIS PROJECT MANUAL FOR ALL BIDDERS TO READ – ULTIMATELY THE

SELECTED LOW BIDDER WILL HAVE TO MAKE THESE SUBMISSIONS)

This Supplement modifies the Instructions to Bidders. Where any part of the Instructions to Bidders is modified by this supplement, the unaltered provisions of that part shall remain in effect.

Add the following:

QUALIFICATIONS OF BIDDERS

1. The Contracting Officer or their Representative will conduct an investigation to determine the responsibility of any Bidder, including the ability of any Bidder to perform the Work. Bidders shall furnish to the Officer all information and data requested, including complete financial data, within the time and in the form and manner requested.