REQUEST FOR QUOTES_SeelyHill_Final.pdf

Seely Hill Road Stream Restoration Project Town of Newfield, NY

Table of Contents

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS

BID FORM

BID SIGNATURE PAGE

RATE SHEET

CERTIFICATE OF NON-COLLUSION

IRAN DIVESTMENT ACT CERTIFICATION

ANTI-DISRIMINATION CLAUSE

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

HOLD HARMLESS AND INSURANCE REQUIREMENTS

ADVERTISEMENT FOR BIDS

PURPOSE: Seely Hill Road Stream Restoration Project

Submission Deadline: October 15th, 2026, 4:00PM

Bidder’s Meeting: October 2nd, 2026 at 10am

Deadline for Final Submission of Questions: October 9th, 2026 4:30PM

The Town of Newfield (Owner) invites Proposals for stream stabilization and culvert replacement work on Seely Hill Road in the Town of Newfield, as shown in drawings prepared by Tioga County Soil and Water Conservation District. Please refer to the bid item schedule for a list of tasks/items that are included in this RFP.

Copies of drawings and specifications along with forms for proposals for the contract are available by email, please contact Angel Hinickle at ahinickle@tompkins-co.org. Bidders will be furnished a full and complete copy of the drawings and specifications upon proper presentation of:

1.) The name and mailing address, telephone numbers and emails of the interested party making such request.

Partial sets of the bidding documents will not be issued. Bids will be received at the Newfield Town Clerk’s Office at 166 Main Street, Newfield, NY 14867, prior to October 15, 2026, at 4:00PM. Bids properly received and identified will be opened and read aloud at the Newfield Town Clerk’s Office at 166 Main Street, Newfield, NY 14867 on October 15, 2026, at 4:05 PM.

The Town of Newfield assumes no responsibility whatsoever, in connection with any failure to receive bids, including those related to any reason for delay, in obtaining or submitting the bidding documents, including but not limited to: traffic delay, messengering, mislabeling, mis-directions from any source, mis-delivery, or otherwise. The Town of Newfield does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Documents.

INSTRUCTIONS TO BIDDERS

Bidder’s Meeting Prospective Bidders will have the opportunity to meet with the Town of Newfield Highway Superintendent, Tioga County Soil and Water Conservation District Engineers, and Tompkins County Soil and Water Conservation District staff for a question and answer session on October 2, 2026 at the project site (Seely Hill Road, Newfield, Coordinates: 42.307527° N, 76.557929° W).

Bidder’s Meeting Details Date: October 2, 2026 Time: 10:00am

Location: Seely Hill Road, Newfield, Coordinates: 42.307527° N, 76.557929° W Sign Up: Please sign up for the bidder’s meeting by calling or emailing Angel Hinickle at 607-254- 1716 or ahinickle@tompkins-co.org

Participation at the Bidder’s Meeting is mandatory. The purpose of this meeting is to give contractors the opportunity to ask the Town of Newfield personnel, Tioga County SWCD Engineers, and Tompkins County SWCD questions about the proposed work and explain any unique situations of the site.

Tompkins County Soil and Water Conservation District staff will take minutes of the meeting and will provide the Town of Newfield these notes, if desired, with any changes made to the scope of work, within one (1) business day of the conclusion of the bidders’ meeting.

Questions can be submitted prior to the bidder’s meeting on October 2, 2026; However, no answers will be given prior to this date.

All questions may be submitted in written form to:

Angel Hinickle Tompkins County Soil and Water Conservation District 170 Bostwick Road Ithaca, NY 14850 or ahinickle@tompkins-co.org

Submission of Bids Bids shall be submitted to the Newfield Town Clerk’s Office at 166 Main Street, Newfield, NY 14867 on October 15, 2026, at 4:00 PM. Bid shall be delivered in an opaque sealed envelope, marked with the project title “Seely Hill Road Stream Restoration Project” and name and address of Bidder along with other required documentation. 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” across the face of it.

Town of Newfield will interpret the submission of a bid to mean that the bidder is fully informed as to the extent and character of the services, supplies and materials required and that the bidder can furnish same in complete compliance with the bid documents.

No interpretation of the meaning of the bid documents, contract terms, or these conditions and requirements will be made to any bidder orally. Every request for such interpretation should be in writing addressed to Town of Newfield. If deemed necessary, in the sole discretion of the Town, any interpretations issued will be in the form of addendum/addenda to the bid documents that will be sent to all bid solicitors of record. All addendum/addenda so issued shall become a part of the bid documents. Any addenda sent to the bidders shall be binding and take precedence over the section of the original bid documents which it replaces. Each bidder shall ascertain prior to submitting his/her proposal that he/she has received all addenda issued. Copies of addenda will be made available for inspection at the Town of Newfield for that purpose.

Addenda will be mailed, emailed or delivered to the best of the Town of Newfield’s ability to all who are known by the Town to have requested and been furnished with the bidding documents. It will be the bidder’s responsibility to ascertain that they have received all addenda. The Town of Newfield is in no way liable for a bidder not having all addenda and cannot be held accountable in any respect for noncompliance or financial or physical loss due to proposer not having required addenda.

Bidders desiring clarification or interpretation of the bid documents shall make a written request to the Town of Newfield at least seven (7) days prior to the closing date for receipt of bids.

The Town of Newfield may, in its discretion, make an investigation(s) as it deems necessary or desirable to determine the qualifications of the bidder to perform the work, and the bidder shall furnish additional information and data for this purpose as may be required. The Town of Newfield reserves the right to reject any bid if any additional information requested from the bidder, or the investigation of such bidder, fails to demonstrate that the bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein within the time frame designated.

By submitting a bid, bidders will be presumed to be thoroughly familiar with all documents and terms of the bid documents issued in connection with the request for bids solicitation and failure of any bidder to receive or examine the documents shall in no way relieve the bidder from performing any obligation required thereby.

Modifications and withdrawal of Bids The Town of Newfield may consider inadequate any bid not prepared and/or not submitted in accordance with the provisions hereof and may waive any inadequacies or reject any and all bids. Any bid may be withdrawn by the bidder before the submission deadline or authorized postponement thereof. Documentation of withdrawal shall be delivered to the place where bids are submitted before the submission deadline.

Opening of Bids Bids will be opened and read aloud publicly at the Newfield Town Clerk’s Office at 166 Main Street, Newfield, NY 14867 on October 15, 2026, at 4:05 PM. A list of Bidders and bid amounts (along with alternate prices, if any) will be processed and delivered to all bidders after the bid opening.

Award of Contract Award of the contract will be made only to the lowest responsible bidder as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, supplies or services to be furnished, conformity with specifications, all for the purpose for which they are required and the terms of delivery of the materials or services.

Award of contracts will be made as soon as practicable after bid opening. All bids shall be deemed continuing offers, firm and open for acceptance by the Town of Newfield for forty-five (45) days following the bid opening.

All prices submitted by bidders must be firm prices for a period of forty-five (45) days to allow acceptance by the Town. If awarded the contract, the prices will then be firm during the time period indicated by the bidder.

Rejection of Bids The Town of Newfield reserves the right, in its discretion, to reject any or all bids and to re-advertise for new bids and to waive non-material defects, qualifications, irregularities, and omissions, if, in its judgment, the best interests of Town will be served.

Grounds for rejection of bids include, but shall not be limited to:

(a) Failure of a bid to conform to the essential requirements of the specifications.

(b) Failure of a bid to conform to the specifications contained or referenced in the specifications.

(c) Failure of a bid to conform to the delivery or completion dates established in the specifications.

(d) Submission of a bid that imposes conditions that would modify the terms and conditions of the bidding documents or limit the proposer's liability to the Town on the contract awarded on the basis of such proposal.

(e) Submission of a bid determined by the Town to be unreasonable as to price.

(f) Submission of a bid determined not to be from responsible proposers.

(g) Failure of a proposal to meet guarantees, where required.

Technicalities or minor irregularities in proposals which may be waived when the Town of Newfield determines that it will be in the Town’s best interest to do so, are mere matters of form not affecting the material substance of proposal or some immaterial deviation from, or variation in, the precise requirements of the specifications and having none or a trivial or negligible effect on price, quality, quantity or performance of the services being procured, the correction or waiver of which will not affect the relative standing of or be otherwise prejudicial to other proposers. The Town of Newfield may either give a proposer an opportunity to cure any deficiency resulting from a technicality or minor irregularity in his/her proposal, or waive such deficiency where it is advantageous to the Town to do so.

Town of Newfield reserves the right to reject incomplete bids. Town also reserves the right to request additional data or material at any time. All material submitted in response to this request for bids will become the property of Town upon the opening of the bids.

Town of Newfield reserves the right to reject bids that impose conditions that would modify the terms and conditions of the bidding documents or limit the bidder’s liability to Town on the contract awarded on the basis of such proposal.

Town of Newfield reserves the right to reject any bid where investigation and evaluation of the bidder’s qualifications indicate that the bidder may not promptly and efficiently complete the services or provide the materials as per the specifications.

Disqualification of Bids

1. Any bid, which does not fulfill the material requirements of the bidding documents, will be rejected. When it is in its best interest to do so, the Town of New may award the contract in whole or in part, select any combination of bids, or may waive any informality in or reject any or all bids. The Town of Newfield reserves the right to delete certain bid items based on overall cost of the project or for any other reason. The Town of Newfield will give written notice of any intent to eliminate work items.

2. The Town of Newfield reserves the right to refuse to award a contract to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification State, Federal, or local regulations, if such regulations were cited, or otherwise included in the Bidding Documents as a requirement for bidding.

(b) Bidder’s 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 County issues Bidding Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the Town of Newfield.

(d) Bidder’s unsatisfactory work on previous contracts with the Town of Newfield.

3. Bids/proposals received from bidders who have previously failed to complete contracts within the time required may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance, or completion of the work if the bidder is not able to demonstrate the ability to fulfill the requirements of the bid/proposal in a manner agreed upon by the Town of Newfield and the Bidder.

Town of Newfield reserves the right to reject any bid/proposal if the information submitted by, or investigation of, such bidder fails to satisfy the Town of Newfield that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

Form of Contract The Town of Newfield expects to enter into a contract agreement with the successfully awarded bidder.

Project Start and End Dates Project needs permit from NYSDEC and US Army Corp of Engineers. Permits have been applied for.

Prevailing Wages Any contractor or sub-contractor awarded to do the work shall be required to comply with the Davis- Bacon Act and other federal labor standards or provisions, including NYSDOL Prevailing Wage Rates.

The PRC # for this job is # PRC# 2026020271 - Seeley Hill Road Stream Stabil.

Qualification of Contractors The law requires that contracts for public work in the State of New York be awarded to the lowest responsible bidder as will promote the public interest. In order to assist the Town of Newfield in determining whether the apparent low bidder meets this standard, the Town of Newfield reserves the right to require the apparent low bidder to submit the following:

To furnish the Town of Newfield within five (5) calendar days from the date of the request, a statement containing the following:

a.) A description (including project name, location and owner) of any competitively bid project on which the bidder submitted the low bid but was not awarded a contract, within the previous five (5) years.

b.) A current detailed financial statement showing assets (including a list of equipment owned by the bidder), liabilities and net worth, net total billings and average backlogs of uncompleted work on outstanding contracts for each of the previous three (3) years.

c.) A list of the officers and principals of the bidder’s legal entity, and a list of all subsidiary or affiliated companies in which the bidder’s principals have any financial interest.

d.) A list of the number of full time personnel of the bidder and a description of the construction experience of the bidder’s principals and supervisory personnel.

e.) A description of any projects with the bidder or his predecessors failed to complete or any litigation in which the bidder has been involved in the previous three (3) years, including a list of project names, locations and owners.

f.) A list and description of all contracts completed by the bidder within the previous three (3) years.

g.) A list of at least three (3) project references (including project names, locations, owners, contact persons and telephone numbers) which included work similar in scope, complexity, and construction value as this proposed project h.) A list and description of the status of all uncompleted contracts of the bidder.

By signing this bid or proposal, the undersigned certifies that this Bidder or any officer, director, partner or owner is not currently barred from bidding on contracts by any Agency of the State of New York, or any public body or agency of another state, or any agency of the federal government, nor is this Bidder a subsidiary or affiliate of any firm/corporation that is currently barred from bidding on contracts by any of the same.

Project Supervision If the principal for the Contractor cannot be onsite at all times during construction, a competent supervisor shall be designated in writing during the contract process. The supervisor must be able to acknowledge and coordinate activities of daily operations and have ready access to any permits, plans or drawings that are necessary to complete work on the jobsite. The Supervisor must communicate effectively with Town of Newfield Personnel, Tompkins County Soil and Water Conservation District personnel, Tioga County Soil and Water Conservation District Engineer and implement any instructions given by Town of Newfield, Tompkins County SWCD, or Tioga County SWCD Engineer.

Insurance, Indemnification, and Hold Harmless

The Successful Bidder shall obtain, at its sole expense, and maintain minimum limits of insurance as outlined below. The bidder will be required to provide certificates of insurance with submission of their bid. The Town of Newfield will be listed as additional insured.

A Performance & Payment bond will be required of the successful contract in an amount not less than the Contractor and Subcontractor’s bid price.

The successful bidder shall release, waive, indemnify, hold harmless, and defend the Town of Newfield, and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the Town of Newfield and its officers, employees, agents and elected officials for breach of contract, injury, illness, or death to any person or persons or damage to property arising out of the performance of the awarded contract by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the Town. The indemnification will survive the term of this awarded contract whether it is terminated or expired.

Anti-Discrimination

All bidders must comply with Anti-discrimination requirements and sign the certificate attached.

Applicable Laws and Regulations The bidder shall comply with all labor safety, OSHA requirements, labor rates, labor laws, labor standards and non-discrimination laws.

The Town of Newfield is an exempt organization under the Tax Laws and is exempt from payment of Sales and Compensating Use Taxes of the State of New York for all materials which are to be incorporated into the construction, pursuant to the provisions of the contract. These are not to be included in the bid. However, this is not to be construed by bidders as relieving them from any obligation to pay a sales tax on applicable items pursuant to terms of the present Sales Tax Law.

The Town of Newfield is an Equal Opportunity Employer. The Town does not unlawfully discriminate on the basis of race, religion, color, sex, age, national origin, citizenship, disability, marital status, pregnancy, application to or present membership in the uniformed services, veteran status, arrest or conviction record, genetic predisposition or carrier status, sexual orientation, or any other protected class or status. Likewise, the District prohibits employees, vendors, suppliers, visitors, customers, and any other non-employee from discriminating against District employees based on these protected groups.

Proposed Scope of Work

Seely Hill Stream Restoration Project

Bid Item Schedule

Item Quantity Unit Responsible

Party

48 inch corrugated HDPE Pipe 65 L.F.

Town will purchase

36 inch Corrugated HDPE Pipe 60 L.F.

Town will purchase

#2 Stone Bedding 181 Tons Contractor

6 in minus stone 94 Tons Contractor

R7 Medium Stone Fill 78 Tons Contractor

Heavy Stackable Stone 1625 Tons Contractor

Geotextile Fabric 1 Roll Contractor

Dewatering Measures 1 Ea. Contractor

1.) Contractor will be responsible for mobilization of equipment and necessary material to site and demobilization from site.

2.) Dewatering of the work area can be conducted via pump or diversion.

3.) Construction of a 145’ long stacked rock wall per specification in Site plans 4.) Construction of a 124’ length stacked rock wall per specification in site plans.

5.) 6 rock cross vanes will be built from station 2+88 to 3+72 to lift the streambed elevation.

6.) 1 rock cross vane will be installed at the downstream 124’ length stacked rock wall, approximately 5-10’ upstream from the end of the wall to hold the grade.

7.) Removal of the two cross culverts and installation of two new larger cross culverts; which consists of excavating to subgrade, place stone bedding, installing culvert, and stacked rock headwall and wing walls as needed, and backfill structure to road subgrade according to the SITE PLAN and built according to the SPECIFICATIONS DOCUMENT. Both culverts will outlet into the 145’ stacked rock wall.

8.) Installation of two (2) 10’ length rock riffle at the inlet of both 48” and 36” cross culverts to hold grade and prevent head cutting.

Payment

The Town of Newfield will make payment in a lump sum, unless another agreement is reached.

BID FORM

1. Culvert Installation Cost (includes headwalls/wingwalls): __________________________

2. Stream Stabilization Cost (stacked rock walls, cross vanes, riprap):

3. Pinning of Base Layer of Stone (if bedrock encountered): _______________________

Total Project Cost: ________________________

BID SIGNATURE PAGE

TO:

Town of Newfield 166 Main Street

Newfield, NY 14867

In compliance with your “Advertisement for Bids” and the supplemental information attached thereto, the undersigned bidder agrees to supply all labor, material, and equipment to complete this project in accordance with all materials provided in the Bid packet and any local, state or federal regulations and permits.

ADDENDA

Acknowledgement is made of the following Addenda:

ATTACHMENTS TO THIS BID

- Certificate of No Collusion

- Iran Divestment Act Certification

- Certification of Equal Employment Opportunity

Contractor Signature:

Date:

RATE SHEET

SEELY HILL ROAD STREAM RESTORATION PROJECT

(CONTRACTOR) RATE SCHEDULE

(complete as applicable to project appropriateness)

1. PRICE PER TON PLACED (NO MATERIAL) $_______________/TON

2. PROJECT MANAGEMENT $_______________/HR

3. LABORER $_______________/HR

4. EXCAVATOR $_______________/HR

5. WHEEL LOADER $_______________/HR

6. TRACK LOADER $_______________/HR

7. DOZER $_______________/HR

8. DUMP TRUCK $_______________/HR

9. BACKHOE $_______________/HR

10. PER DIEM EXPENSES $_______________/HR

11. SURVEY CREW $_______________/HR

12. MOBILIZATION $_______________/HR

13. OTHER_______________ $_______________/HR

14. OTHER_______________ $_______________/HR

15. OTHER_______________ $_______________/HR

Witness Signature Title

CERTIFICATE OF NON-COLLUSION

A.)

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

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

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

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

Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the state, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

B.)

Any bid hereafter made to any public authority or to any official of any public authority created by the state or any political subdivision, by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.

The forgoing is affirmed as true under penalty of perjury.

Contractor’s Name

Contractor’s Signature

Date

IRAN DIVESTMENT ACT CERTIFICATION

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

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 once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor is advised that once the list is posted on the OGS website, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is renewed, extended or assigned that it is not included on the prohibited entities list.

The Town of Newfield reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award 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.

Signature:

Print Name:

Title:

Company Name:

Date:

ANTI-DISRIMINATION CLAUSE

During the performance of this contract, (the contractor) hereby agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment for any of the following: race, creed, color, ethnicity, military service, marital status, disability, sexual preference, perceived gender, national origin, or status as an ex-offender, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination.

Such action shall be taken with reference, but not be limited, to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

(b) The contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commissioner for Human Rights, advising such labor union or representative of the contractor's agreement under clauses (a) through (f) hereinafter called "non-discrimination clauses".

If the contractor was directed to do so by the contracting agency as part of the bid or negotiation of this contract, the contractor shall request such labor union or representative to furnish him with as written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the contractor shall promptly notify the State Commission for Human Rights of such failure or refusal.

(c) The contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's and local Town of Newfield Laws against discrimination as the State Commission for Human Rights shall determine.

(d) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

(e) The contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil

Rights Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

(f) This contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the State, until he satisfies the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commission, notice thereof has been given to the Contractor and opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed, and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. The Contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interests of the State of New York.

GENERAL CONDITIONS ACCEPTED BY:

Firm: _________________________________________________

By: _________________________________________________

Date: _________________________________________________

Title:____________________________________________________

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139—l In accordance with State Finance Law §139-l, which generally prohibits the Town of Newfield from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York Labor Law §201-g, the bidder submits the following certification under the penalty of perjury:

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the Labor Law.

Dated: ______________, New York _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, HOLD HARMLESS AND INSURANCE REQUIREMENTS

The awarded bidder agrees that, to the fullest extent by permitted by law, the awarded bidder shall indemnify and hold harmless the Town of Newfield, or any officer, agent, servant, or employee of the Town of Newfield, and each of their respective representatives, employees, directors, officers, and agents, from and against any and all claims, suits, actions, debts, damages, fines, penalties, costs, charges and expenses, including attorneys’ fees and court costs, arising out of, relating to or resulting from the awarded contract work, including, but not limited to, bodily injury and/or property damage, to the extent caused, in whole or in part, by acts, actions, omissions, negligence, fault or breach of contract of the awarded bidder, its employees, agents, subcontractors, suppliers and/or materialmen, regardless of whether or not such claim is caused in part by a party indemnified hereunder.

The awarded bidder shall be fully responsible for the worksite and shall indemnify and hold harmless the Town of Newfield, its officers, employees, agents, and elected officials from and against any and all claims for injury to persons, including employees of the awarded bidder or any subcontractor, where such claim asserts that the injury, illness, or death was the result of conditions of the worksite or that the Town of Newfield, its officers, employees, agents, and elected officials were in any way negligent in the hiring of the awarded bidder or any subcontractor to do the work or failure to maintain a safe worksite.

The awarded bidder shall maintain the following minimum limits of insurance or as required by law, whichever is greater.

A.) Workers’ Compensation and New York Disability

Workers’ Compensation Statutory coverage complying with NYS Workers’ Compensation Law Section 57 General Municipal Law Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR

CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version), OR

SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR

GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability - $1,000,000

Disability Benefits Requirements Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8) under General Municipal Law Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability Benefits Coverage, OR

DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self- Insurance

NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp or Bureau of Compliance at (866) 546-9322).

B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed operations

Each Occurrence $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $50,000 Medical Expense $5,000

• If the CGL contains a General Aggregate Limit, such General Aggregate shall apply separately to each project.

• Contractor/Subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least 3 years after completion of the work.

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• It is expressly understood and agreed by the Contractor that the insurance requirements specified above, contemplate the use of occurrence liability forms.

• The Town of Newfield and its officers, employees, agents and elected officials are to be included as Additional Insured’s on a primary and non-contributory basis.

• Contractor, Owner, and all other parties required of the Contractor shall be included as Additional Insured included Completed Operations on the CGL, using ISO Additional Insured Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds.

This insurance for the additional insureds shall be as broad as the coverage provided for the named insured Contractor/Subcontractor. It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured.

C.) Commercial Umbrella $5,000,000

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• The Town of Newfield and its officers, employees, agents and elected officials are to be included as Additional Insured’s on a primary and non-contributory basis.

• Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.

• Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Auto Liability, and Employers Liability coverages maintained by the Contractor/Subcontractor.

D.) Business Auto Coverage Liability for Owned, $1,000,000 CSL or Hired and Non-Owned $500,000 Per Person BI $1,000,000 Per Accident BI $250,000 PD Split Limits

• Contractor, Owner, and all other parties required of the Contractor shall be included as insureds on the auto policy.

E.) Owner’s & Contractor’s Protective Liability Each Occurrence $1,000,000 Annual Aggregate $2,000,000

F.) Waiver of Subrogation

Contractor/Subcontractor waives all rights against the Town of Newfield and its officers, employees, agents and elected officials for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability, owner’s and contractor’s protective liability, or workers compensation and employers liability insurance maintained per requirements stated above.

All insurance shall be written with insurance carriers licensed by New York State and have an A.M. Best’s Key Rating no lower than “A – X”. Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord 25 (03/2016), or insurance company certificate. All insurance policies and Certificates shall contain a provision that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except for non-payments) until at least thirty (30) days prior written notice has been given to the town. All Certificates must be signed by a licensed agent or authorized representative of the insurance company. Certificates of Insurance shall be submitted with the RFP, bid, and/or signed agreement.