RFB-2025-015 - General Highway Requirements - Spec Book.pdf

GENERAL

HIGHWAY

REQUIREMENTS

BROOME COUNTY

DEPARTMENT OF PUBLIC

WORKS

RFB 2025-015

HIGHWAY

DIVISION

JASON GARNER

County Executive

Chester Kupiec Deputy Commissioner of Highways

BID OPENING

WEDNESDAY, APRIL 2, 2025

BROOME COUNTY HIGHWAY DIVISION - 2025 GENERAL HIGHWAY REQUIREMENTS

2025 General Highway Requirements - 2

LEGAL NOTICE

BROOME COUNTY HIGHWAY DIVISION

2025 GENERAL HIGHWAY REQUIREMENTS

LEGAL NOTICE

The County of Broome will receive sealed bids at the office of the Broome County Division of Purchasing, Second Floor, Edwin L. Crawford County Office Building, 60 Hawley Street, Binghamton, NY 13901, up to and including 2:00 P.M. on WEDNESDAY APRIL 2,2025 for the following:

GENERAL HIGHWAY REQUIREMENTS

Bids shall be publicly opened and read at 2:30 P.M., on the above bid date, in the

Fourth Floor Conference Room (or to be announced day of bid opening) in the Edwin L.

Crawford County Office Building. Specifications and proposal forms are available online through the Empire State Purchasing Group (http://www.bidnetdirect.com/new-york/broome-county). Broome County reserves the right to reject any, and all proposals.

Carolyn Secor, Purchasing Agent Broome County Division of Purchasing BCPurchasing@BroomeCounty.US

CONTRACT RENEWAL - ESCALATION/DE-ESCALATION

Broome County shall have the option to renew this agreement for two {2) periods of one year upon mutual agreement between the vendor and the County of Broome.

CONTRACT TERM

The term of the contract shall commence upon approval by the Board of Acquisition and Contract {BAC) and, commencement on or about June 1st, 2025 and terminate on May 31st, 2026 with two {2) options to renew, annually through May 31st, 2028, at the sole discretion of Broome County.

2025 General Highway Requirements - 3

The County of Broome officially distributes bidding documents through the Empire State Purchasing Group by logging on to: www.bidnetdirect.com/new-york/broome-county. Copies from any other source are not considered official copies. Only those vendors who obtain bidding documents from the Regional Bid Notification System are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from a source other than the Empire State Purchasing Group, it is recommended that you obtain an official copy.

No hard copies of the specifications will be provided. The Empire State Purchasing Group lists bids from over 190 municipal entities in New York State, and vendors / contractors can register for a free "search only" service, or for a matching service for a small annual fee. PLEASE NOTE THAT IT IS THE BIDDER'S RESPONSIBILITY TO OBTAIN ALL BID DOCUMENTS {INCLUDING ADDENDA) FROM THE EMPIRE STATE PURCHASING GROUP by logging on to:

www.bidnetdirect.com/new-york/broome-county.

The successful Contractor will be required to execute the Contract and comply, in all respects, with Article 5A, Section 105 of the General Municipal Law, as amended.

The Broome County Board of Acquisition and Contracts {BAC) reserves the right to reject any and all Bids offered.

Carolyn Secor, Purchasing Agent

March 5 , 2025 http://www.bidnetdirect.com/new-york/broome-county http://www.bidnetdirect.com/new-york/broome-county

2025 General Highway Requirements - 4

BID ITEM INDEX

SPEC.

PAGE

PROPOSAL

PAGE

ASPHALT PRICE ADJUSTMENT 22

BID ITEMS

ASPHALT PRODUCTS

AS-1

AS-2

AS-3

AS-4

AS-5

AS-6

AS-7

AS-8

AS-9

AS-10

AS-11

AS-12

AS-13

AS-14

AS-15

37.5 F9 BASE COURSE HMA, 80 SERIES COMPACTION 23

25 F9 BINDER COURSE HMA, 80 SERIES COMPACTION 24

19 F9 BINDER COURSE HMA, 80 SERIES COMPACTION 25

12.5 F2 TOP COURSE HMA, 80 SERIES COMPACTION

9.5 F2 TOP COURSE HMA, 80 SERIES COMPACTION

6.3 F2 TOP COURSE HMA, 80 SERIES COMPACTION

37.5 F9 BASE COURSE WMA, 80 SERIES COMPACTION 30

25 F9 BINDER COURSE WMA, 80 SERIES COMPACTION 31

19 F9 BINDER COURSE WMA, 80 SERIES COMPACTION 32

12.5 F2 TOP COURSE WMA, 80 SERIES COMPACTION 33

9.5 F2 TOP COURSE WMA, 80 SERIES COMPACTION 34

6.3 F2 TOP COURSE WMA, 80 SERIES COMPACTION 35

MODIFIED STOCKPILE PATCHING MATERIAL 36

MISCELLANEOUS PATCHING F2, HMA 37

HOT MIX ASPHALT CURB 38

P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1

LIQUID ASPHALT PRODUCTS

LA-1

LA-2

702-3102P {HFRS-2P) SURFACE TREATMENT

702-4101P {CRS-2P) SURFACE TREATMENT

39 P-2 40 P-2

LIQUID CALCIUM CHLORIDE

LC-1 LIQUID CALCIUM CHLORIDE 41 P-2

2025 General Highway Requirements - 5

BID ITEM INDEX, CONT.

SPEC.

PAGE

PROPOSAL

PAGE

AGGREGATES/STONE

AGG-9

AGG-10

CONCRETE

CP-1

CP-2

CP-3

CP-4

CP-5

EXTRA HEAVY STONE

EXTRA HEAVY STACKABLE STONE

FLOWABLE FILL

PORTLAND CEMENT CONCRETE

CONCRETE BOX CULVERTS

CONCRETE PRESTRESED SLAB UNITS

PRECAST CONCRETE DRAINAGE UNITS

P-2 P-2 P-2 P-2, 3 P-3, 4 P-4 P-4 P-5

50 P-5 51 P-5

52 P-5 53 P-5 54 P-6 55 P-6, 7 56 P-7, 8, 9

MISC. MATERIALS

MAT-1 SMOOTH INTERIOR CORRUGATED PLASTIC PIPE 58 P-9, 10

EQUIPMENT

ER-1 ROLLERS 59 P-10

ER-2 COLD MILLING MACHINE 61 P-11, 12

ER-3 RUBBER TIRE HYDAULIC EXCAVATOR 63 P-12

ER-4 BITUMINOUS PAVER 65 P-12

ER-5 TRACK TYPE DOZER 66 P-13

ER-6 ROAD WIDENER 67 P-13

ER-7 PORTABLE CRUSHING PLANT 68 P-13

ER-8 TELEHANDLER 69 P-14

AGG-1 SELECT GRANULAR FILL 42

AGG-2 SUBBASE 43

AGG-3 UNDERDRAIN FILTER, TYPE 1 44

AGG-4 STONE FILL 45

AGG-5 CRUSHED STONE 46

AGG-6 CRUSHED GRAVEL 47

AGG-7 ROAD SAND 48

AGG-8 TOPSOIL 49

2025 General Highway Requirements - 6

BID ITEM INDEX

BID ITEMS, CON’T. PROPOSAL

PAGE

SERVICE CONTRACTS

SER-1 COLD RECYCLING ASPHALT CONCRETE 77 P-15

SER-2 COLD MILLING 79 P-15

SER-3 FULL DEPTH RECLAMATION OF ASPHALT PAVEMENT 80 P-15

SER-4 MICRO-SURFACING 82 P-16

SER-5 COLD MIX BITUMINOUS PAVEMENT 84 P-16

SER-6 CLEANING AND SEALING CRACKS 85 P-16

SER-7 HOT-MIX ASPHALT RECYCLING TREATMENTS 87 P-17

SER-8 QUICK SET SLURRY 88 P-17

SER-9 VEGETATION CONTROL 90 P-17

SER-10 SUBBASE COURSE, OPTIONAL TYPE 94 P-17

SER-11 37.5 F9 BASE COURSE, 80 SERIES COMPACTION 95 P-18

SER-12 25 F9 BINDER COURSE, 80 SERIES COMPACTION 97 P-19

SER-13 19 F9 BINDER COURSE, 80 SERIES COMPACTION 99 P-20

SER-14 12.5 F9 BINDER COURSE, 80 SERIES COMPACTION 101 P-21

SER-15 9.5 F2 TOP COURSE, 80 SERIES COMPACTION 103 P-22

SER-16 6.3 F2 TOP COURSE HMA, 80 SERIES COMPACTION 105 P-23

SER-17 CHIP SEAL 107 P-24

SER-18 TACK COAT APPLICATION 108 P-24

SER-19 LOW-DENSITY CELLULAR CONCRETE 109 P-24

SER-20 SHOTCRETE 110 P-24

SER-21 ASPHALT PLAN INSPECTION FOR QUALITY ASSURANCE 111 P-24

SER-22 MISCELLANEOUS STEEL FABRICATION - SHOP 113 P-24

SER-23 MISCELLANEOUS STEEL GALVANIZATION - SHOP 114 P-24

SER-24 REFLECTORIZED PAVEMENT MARKING PAINTS 115 P-24

2025 General Highway Requirements - 7

1. The date and time of bid will be as per the Legal Notice.

2. All bids are to be submitted on forms provided by Broome County, in duplicate. In addition, 1 (one) electronic copy on USB must be submitted.

3. All bids must be signed and sealed. The proposal shall be enclosed in a sealed envelope, clearly marked "BID TO BE OPENED," 2025 GENERAL HIGHWAY REQUIREMENTS. Each Item must be placed in separate sealed envelopes, clearly marked with each Item title, i.e.: asphalt products, liquid asphalt products, service contracts etc. Bids must not be attached to or enclosed in packages containing bid samples.

4. All information required by the proposal and specification must be supplied by the bidder.

5. Each bid offered shall be construed to be completely in accordance with the specification and proposal unless the bidder explains all deviations and qualifications in detail on the bid proposal.

6. Prices and information required by the proposal, except the signature of bidder, should be typewritten or printed in ink for legibility. Bids written in pencil will be rejected. The County may interpret or reject illegible or vague bids. This decision shall be final. All signatures must be written in ink. Facsimile, printed, or typewritten signatures are not acceptable.

7. No alteration, erasure, or addition is to be made in the typewritten or printed matter of the specification or the proposal.

8. In all specifications or proposals, the words "or equal" are understood to appear after each commodity giving manufacturer's name or catalog reference, or on any patented commodity. If bidding on commodities other than those specified, bidder must in every instance give the trade designation of the commodity, manufacturer's name, and detailed specification of commodity he proposes to furnish. Otherwise bid will be construed as submitted on the identical commodity described in the specification.

9. Used, damaged, or obsolete Items are not acceptable and if offered or delivered shall be rejected and the contract may be canceled.

10. When bids are requested on a number of commodities as a group, a bidder desiring to bid "no charge" on a commodity in the grouping must so indicate. Otherwise, such bid will be considered as incomplete and may be rejected.

11. The bidder must insert the price per unit specified, and the price extension for each Item in his bid if required.

In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices must be extended in decimals, not fractions.

Prices at supplier's site are to include loading of various agency vehicles. Bidders must bid all products using the U.S.

means of measure.

12. A. Prices must be net, including transportation and delivery charges fully prepaid by contractor to the destination{s) indicated in the proposal where applicable.

B. Prices are to be honored for Broome County and for any and all of the political subdivisions within Broome County.

C. On high volume traffic roads the county may provide additional maintenance and protection of traffic as determined by the Superintendent of Highways.

GENERAL SPECIFICATIONS AND INFORMATION FOR BIDDERS

2025 General Highway Requirements - 8

13. Bidders are cautioned to verify their bids before submission.

14. All bids will be opened publicly.

15. A late bid will not be accepted.

SAMPLES

16. The County reserves the right to request a representative sample of the commodity at any time. Unless otherwise instructed, the sample shall be furnished within ten {10) days of the request.

17. If in the judgment of the County, the sample is not in accordance with the requirements stated in the specifications and the proposal, the County may reject the bid; or if an award has been made, cancel the contract at the expense of the contractor.

18. When samples are required, failure to submit them in accordance with instructions may be enough cause for rejecting a bid or canceling an award.

19. When an accepted sample exceeds the minimum specifications, all commodities delivered will be of same quality and identity as the sample.

20. Samples must be submitted free of charge and be accompanied by the bidder's name and address, a statement indicating how and where the sample is to be returned to the bidder, and descriptive literature relating to the commodity. Samples will be returned at the bidder's expense and risk.

21. All samples are subject to tests in the manner and place designated by the County. Samples consumed or made useless by testing cannot be returned to the bidder.

22. Where the sample has not been impaired by testing and the bidder has failed to indicate the place and mode of return of the sample, it becomes the property of the County at the conclusion of the contract period.

23. Samples may be held by the County during the entire term of the contract for comparison with deliveries.

24. A proposal may indicate that the commodity to be purchased must be equal to a sample on display in a designated place. Failure on the part of the bidder to examine such sample shall NOT entitle him to any relief from the conditions imposed in the proposal, specification, and related documents. If feasible, standard samples will be submitted to the bidder for his examination prior to the bid opening date.

25. When tests, analyses, etc. are required by Broome County or ordered by their Engineer, in accordance with the specifications, they shall be performed at the expense of the contractor. Where such work is to be done at a laboratory, the laboratory shall be approved by the Superintendent of Highways, prior to the use of said laboratory.

Unless otherwise noted in the specifications, the results of all such required tests, analyses, etc., shall be expeditiously furnished in duplicate to the Superintendent of Highways.

Laboratory tests shall be made at the expense of the contractor, and the County shall furnish and deliver to the laboratory, all samples required for testing as directed by the Superintendent of Highways.

2025 General Highway Requirements - 9

AWARDS

26. The County reserves the right before making any award to make investigations as to whether or not the Items, qualifications, or facilities offered by the bidder meet the requirements set forth in the proposal and specifications and are ample and sufficient to insure the proper performance of the contract in the event of award. The bidder must be prepared, if requested by the County, to present evidence of experience, ability, and financial standing, as well as a statement as to plant machinery, and capacity of the manufacturer for the production and distribution of the commodity on which he is bidding. If, in the opinion of the County, it is found that the conditions of the proposal and specifications are not complied with, or that Items proposed to be furnished do not meet the requirements called for, or that the qualifications, financial standing, or facilities are not satisfactory, the County may reject such a bid. It is distinctly understood, however, that nothing in the foregoing shall mean or imply that it is obligatory upon the County to make any investigations before awarding a contract. It is further understood that if such investigations are made, it in no way relieves the contractor from fulfilling all requirements and conditions of the contract.

27. Contracts shall be let to the lowest responsive and responsible bidder.

28. A bidder may be disqualified from receiving awards if such bidder, or anyone in his employ, has previously failed to perform satisfactorily in connection with public bidding or contracts.

29. The County reserves the right to evaluate and/or reject all bids in whole or in part, and to waive technicalities, irregularities and omissions, if in its judgment the best interest of the County will be served.

30. The County reserves the right to make awards within forty-five {45) days after the date of the bid opening, during which period bids shall not be withdrawn.

31. If two or more bidders submit identical bids as to price, the decision of the County to award a contract to one or more of such identical bidders shall be final.

32. All contracts awarded by the County shall be executory only to the extent of funds available to the Highway Division for the purchase of the commodity. Prices bid must hold for the entire contract period.

33. All bids shall be received with the understanding that the acceptance thereof in writing by the County shall constitute a contract between the bidder and the County.

34. Unless terminated or canceled by the County contracts will remain in force for the period specified or until all commodities ordered before the termination date shall have been satisfactorily delivered and accepted, whichever is later in period of time.

35. All purchase orders must be in writing and must bear the appropriate contract number or the approval of the County.

36. No commodities are to be shipped or delivered until receipt of an official purchase order from the County requiring the commodity unless otherwise authorized in writing by the County.

37. The contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract to any other person, company, or corporation without the prior consent in writing, of the County.

38. No alteration or variation of the terms of the contract shall be valid or binding upon the County unless requested in writing and formally approved by the County.

39. If the same or a smaller quantity of a commodity is sold by a contractor holding a contract for such commodity elsewhere in Broome County, at a price below the County contract price, the price to the County shall be reduced to the lower amount.

2025 General Highway Requirements - 10

40. Contractors awarded contracts for services shall employ no one in relation to the work contemplated by the contract who shall be permitted or required to work more than eight {8) hours in any one calendar day, or more than five {5) days in any one week, except in cases of extraordinary emergency caused by war, acts of public enemies, strikes, fire, flood, or danger to life or property and the wages to be paid to employees for a legal day's work shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality where the contract work is executed.

DELIVERY

41. Delivery must be made between the hours of 6:30 A.M. and 3:00 P.M. as ordered and in accordance with the terms of the contract. Unless otherwise specified, delivery shall be made within thirty {30) days of receipt of purchase orders by the contractor. The decision of the County as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of purchase orders shall rest with the contractor.

42. Any extension of time of delivery must be requested in writing by the contractor and approved in writing by the County.

43. The County will not schedule any deliveries for Saturdays, Sundays or legal holidays, except commodities required for daily consumption or where the delivery is an emergency, a replacement, or is overdue, in which event the convenience of the County will govern.

44. Commodities shall be securely and properly packed for shipment, storage and stocking in new shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling, or sacks. The container shall remain the property of the County unless otherwise specifically agreed to in the contract.

45. Point of Destination: All deliveries shall be unloaded at the location designated by Agency placing the order, unless otherwise stated in the proposal or specification.

46. Commodities purchased are understood to be purchased on an F.O.B. point of destination basis. The seller will pay and bear all transportation costs. Title shall not pass until commodities have been received by the County.

47. Deliveries are subject to reweighing at the destination by the County and where applicable payment will be made on the basis of net weight of materials delivered. Normal shrinkage may be allowed in accordance with trade practice.

PAYMENTS

48. Payment will be made by the Director of Budget and Management after presentation of a completed voucher.

49. In any case where a question of nonperformance of a contract arises, payment may be withheld, in whole or in part, at the discretion of the County. Should the amount withheld be finally paid, a cash discount originally offered may be taken by the County as if no delay in payment had occurred.

50. Any claim against a contractor may be deducted by the County from any money due him in the same or other transactions. If no deduction is made in such fashion, the contractor shall pay the County the amount of such claim on demand. Submission of a voucher and payment thereof by the County shall not preclude the County from demanding a price adjustment in any case where the commodity delivered is later found to deviate from the specifications and proposal. Any delivery made which does not meet the requirements of the specifications and proposal may be rejected or accepted on an adjusted price basis as determined by the County.

51. TAX PROVISION: Purchases made by the County of Broome are not subject to State or local sales taxes or federal excise taxes. To satisfy the requirements of the New York State sales tax, either the purchase order issued by the County, or the voucher forwarded to authorize payment for such supplies and equipment, will be sufficient evidence that the sale by a contractor or vendor was made to the County of Broome an exempt organization under Section 1116 {a){1) of the Tax Law. No person, firm or corporation is, however, exempt from paying the New York State Truck Mileage and Unemployment Insurance or the Federal Social Security taxes.

2025 General Highway Requirements - 11

52. Contractor hereby guarantees:

{a) To save the County, its agents and employees, harmless from any liability imposed upon the County arising from the negligence, whether active or passive, of the contractor, as well as for the use of any copyrighted or uncopyrighted composition, secret process, patented, or unpatented invention, article or appliance furnished or used in the performance of the contract of which the contractor is not the patentee, assigned or licensee.

{b) To pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the city or town in which the installation is to be made and of the County of Broome if required.

{c) That the equipment offered is standard new equipment, latest model of regular stock product with all parts regularly used with the type of equipment offered: also, that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of one year unless otherwise specified.

53. Workmen's Compensation: Contractor will secure workmen's compensation and keep insured during the life of the contract for the benefit of such employees as are required to be insured by the provisions of Chapter 41 of the laws of 1914, as amended, known as the Workmen's Compensation Law and provision of Article 9 of the Workmen's Compensation Law known as the Disability Benefits Law. The contract shall be void and of no effect unless the contractor complies with these provisions.

CANCELLATION OF CONTRACT

54. Broome County reserves the right to cancel the resultant contract upon ten {10) days written notice and to elect to contract with the next lowest responsible bidder or to rebid the contract in the event that the bidder defaults in any of its obligations under the contract, including, but not limited to, the failure to deliver on the specified delivery date or the delivery of non-conforming Items, materials, or services. In the event of a default and cancellation of the contract, the bidder shall be responsible for payment to Broome County of a sum equal to any additional contract cost to the County resulting from an election to contract with the next lowest responsible bidder or to re-bid.

55. Upon failure of the contractor to deliver or perform within the time specified, or failure to make immediate replacement of rejected commodities when so requested, the County may purchase from other sources to replace the commodity rejected or not delivered. On such purchases the contractor agrees to reimburse the County promptly for costs in excess of the contract costs. Should the cost be less than the contract price, the contractor shall have no claim to the difference. Such purchases may be deducted from contract quantity by the County.

56. A contract may be cancelled at the Contractors expense upon non-performance of a contract.

57. Rough and/or shop drawings shall be furnished as deemed necessary and required by the specification. Such drawings shall be consistent with the contract documents and shall be considered as forming part of the specification and the contract to which they relate. Drawings may be submitted electronically.

58. All lettering on the drawings shall be considered a part of the drawings.

59. Approval by the County of shop drawings of details for any commodity will not relieve the contractor from responsibility for furnishing same of proper dimension, size, quantity, to efficiently perform the work and carry out the requirements and intent of the layout or descriptive drawings forming part of the proposal and specifications. Such approval shall not relieve the contractor from responsibility for errors of any sort in the shop drawings. If the shop drawings deviate or are intended to deviate from the layout or descriptive drawings on specifications the contractor shall so advise the County in writing, at the time the shop drawings are submitted stating the difference in value between the contract requirements and that denoted by said shop drawings.

2025 General Highway Requirements - 12

60. Rough and/or shop drawings will be examined by the County and, if necessary, will be returned to the contractor for correction. After the corrections, have been made, the contractor shall resubmit to the County as many copies as required for final approval.

61. All drawings and copies thereof shall become the property of the County and such drawings shall not be used on any other County work unless otherwise specified.

CONTRACTS INVOLVING INSTALLATION

62. Contractor shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat unobstructed condition, the buildings broom cleaned, and everything in satisfactory repair and order.

63. Equipment, supplies and materials shall be stored at the site only upon the approval of the County and at the contractor's risk. In general, such on site storage should be avoided to prevent possible damage or loss of material.

64. Work shall be performed so as to cause the least inconvenience to the County, and with proper consideration for the rights of other contractors or workmen and the travelling public.

65. Contractor shall furnish adequate protection from damage for all work and shall repair damages of any kind for which he or his workmen are responsible.

66. The contractor shall not be responsible for any losses resulting from his failure to perform properly, if such failure was due to causes beyond his control and without his fault or negligence, including but not restricted to acts of God, wars, acts of public enemies, strikes, fires and floods, provided that the contractor shall within ten {10) days from the beginning of any such delay, notify the County, in writing, of the cause of such delay.

67. All bids submitted shall be properly signed by the Bidder or his authorized agent and shall state the title of the signer such as Owner, Partner, Secretary, Sales Manager, etc.

68. The quantities shown for the Items bid are an estimate of the needs of the Division at this time and the Bidder, in submitting his bid, agrees that the County may purchase any quantity shown at the unit price bid or may omit the purchase of any Item entirely.

69. If the bidder allows cash discount, it shall be as follows: For payment within fifteen {15) days of delivery at destination and/or receipt of voucher or for payment within thirty {30) days of delivery at destination and/or receipt of voucher.

70. Cash discount will not be considered in determining low bidder, but will be taken into consideration in awarding the bids. Cash discounts will not be taken unless payment is made within discount period. Cash discounts under one percent will not be considered.

71. The Bidder, in submitting his bid, specifically agrees that the Notice to Bidders published in conjunction with this Letting, the Information for Bidders and the Itemized Specifications contained herein together with any Award made to him pursuant to his submitted bid, all form part of the purchase contract between the Bidder and the County of Broome.

72. Where "equivalent" Items are offered, the Bidder shall list on a separate sheet of paper any variations from or exceptions to, the conditions and specifications of this bid. This sheet shall be labeled "Exceptions to Bid Conditions and Specifications" and shall be attached to the bid.

{a) Name at least five {5) local users of model bid.

2025 General Highway Requirements - 13

{b) Show visual proof of spare parts stocked for model bid.

73. Any alleged oral agreement or arrangement by a Bidder or contractor with the Broome County Highway Division personnel will be disregarded by the County.

74. Bids on equipment must be on standard new equipment, latest model and in current production. Where any part of nominal appurtenance of equipment is not described, it shall be understood that all the equipment and appurtenances which are usually provided in the manufacturer's stock model shall be furnished. Bidders shall supply manufacturers suggested list price.

75. When materials, equipment or supplies are rejected, same must be removed by the Contractor from the premises of the Division within five {5) days of notification. Rejected items left longer than five {5) days will be regarded as abandoned and the County shall have the right to dispose of them as its property.

76. No alteration, erasure or addition will be made in the typewritten, printed or written matter. NO CHANGE IN SPECIFICATIONS ALLOWED. Bidders may make any explanations they wish on blank space below specifications, or by memorandum attached to the proposal, or by letter sent with it. However, this Division would appreciate your cooperation in making careful study of the specifications and proposal for the purpose of offering suggestions as to contract period, quantities, purchasing terms, detail specifications, trade customs, etc., which you believe to be in the best interests of the County of Broome. The merit of your suggestions will be reviewed by the Superintendent of Highways and if deemed in the best interest of the County of Broome, will be incorporated by addendum in this letting if time allows, or, at the option of the Commissioner, may be incorporated in any renewal of this letting.

NO SAMPLES ARE TO BE SUBMITTED, unless requested.

77. Where applicable, PRICE IS NET F.O.B. destination, any point in Broome County, including unloading by the contractor at storeroom door of ordering agency, unless otherwise noted. Prices bid must hold for the entire contract period.

78. The County reserves the right to terminate any letting when he deems it may be in the best interest of the County of Broome.

79. BID ANALYSIS: Bidders may bid on any or all items. The County reserves the right to make awards by items, groups, or classes of items or as a whole, or NOT AT ALL, whichever the County deems to be in the best interests of the County.

80. It is hereby agreed that delivery of the items as set forth in this proposal will be made promptly as specified, F.O.B., destination. Each bidder must, upon request supply an affidavit {obtained from his source of supply) that the material he proposed to furnish under the terms of this bid will meet or exceed the specifications herein described.

81. All traffic protection shall be in conformance with NYSDOT Standard Specifications Section 619 - Work Zone Traffic Control.

82. EXTENSION OF CONTRACT TO NON-BROOME COUNTY GOVERNMENT AGENCIES AND OPEN TO BROOME COUNTY

POLITICAL SUBDIVISIONS

It is the intent of this invitation for bid that Non-Broome County Government Political Subdivisions and others authorized by law and located in the County of Broome, to participate in the contract awarded.

The County also reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the County of Broome, its participating Political Subdivisions and others authorized by law and located in the County of Broome and the vendor.

2025 General Highway Requirements - 14

All orders will be placed by the ordering Non-Broome County Government Agency and shall be billed and make payment to the Vendor/Contractor. All Non-Broome County Government Agencies are required to make payments directly to the Vendor/Contractor.

Upon request Non-Broome County Government agencies must furnish the Vendor/Contractor with the proper tax exemption certificate or documentation of tax-exempt status. {Purchase orders should have this information and be retained for documenting the tax-exempt sale.)

All participating Non-Broome County Government agencies and Bidders understand, acknowledge and agree that the sole responsibility regarding performance of the contract, of any obligation, covenant, condition or term thereunder by either such party, thereto shall be borne and is expressly assumed by the participating Non-Broome County Government agencies and contractors and not by Broome County Government. In the event of a failure or breach in performance of any such contract by a non-Broome County Government agency or contractor, the Broome County Government specifically and expressly disclaims any and all liability for such defective performance or breach, and the eligible participating Non- Broome County Government agencies and contractors, agents and employees harmless from any liability that may be or is imposed by the failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Broome County Government centralized contract.

In regards to an Article 8 Public Work Contract requiring Prevailing Wage, the participating non-Broome County Government agency must request its own PRC number from NYSDOL.

83. The price bid shall include furnishing and delivering the item to the location specified, where applicable.

84. Only bids submitted by reputable franchised agencies {under franchise to the manufacturer of the equipment offered for sale) will be considered.

85. DELIVERY: Delivery must be specified, ASAP will VOID YOUR BID.

86. Broome County General Municipal Law and N.Y. State Laws, Standard Operating Procedures and the Highway Division General Specifications, current version of NYS Standard Specifications and NYSDOT Special Specifications, copies of which can be viewed at our offices, are considered to be included, herein, even though not specifically stipulated.

87. Broome County reserves the right to purchase from New York State Contracts if it is determined to be in the best interest of Broome County.

CONTRIBUTION STATEMENT & GIFT STATEMENT

88. Election law signed statements. The county shall require a signed statement for any contract or agreement that requires formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that the professional business entity has not made a contribution within one calendar year immediately preceding the date of the contract or agreement which exceeded the permitted thresholds set forth in article 14 of the Election Law of the State of New York.

89. Gifts signed statement. The county shall require a signed statement for any contract or agreement that require formal bidding under the New York State General Municipal Law, the Broome County Charter or Local Law of Broome County that discloses all gifts given, if any, by the bidding professional business entity to any officer or employee of the County of Broome.

2025 General Highway Requirements - 15

SPECIAL NOTE

Anti-Discrimination

Provisions of the State of New York

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

{A) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin or sex, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination because of race, creed, color, national origin or sex.

Such action shall be taken with reference, but not limited to: recruitment, employment, rates of pay or other forms of compensation, and selection for training or retaining 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 Division of Human Rights, advising such labor union or representative of the contractor's agreement under clauses {a) through {g) {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 con-tract, the contractor shall request such labor union or representative to furnish him with a written statement that such labor union or representative will not discriminate because of race, creed, color, national origin or sex and 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 purpose and provisions of these non-discrimination clauses.

If such labor union or representative fails or refuses to comply with a request that it furnish such a statement, the contractor shall promptly notify the State Division of Human Rights shall determine.

{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 Division of Human Rights setting forth the substance of the pro- visions of clauses {a) and {b) and such provisions of the State's laws against discrimination as the State Division of Human Rights shall determine.

{D) The contractor will state, in all solicitation 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, national origin or sex.

{E) The contractor will comply with the provisions of Section 291-299 of the Executive Law and the Civil Rights Law, will furnish all information and reports deemed necessary by the State Division of 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 Division of Human Rights, the Attorney General, and the Industrial Commissioner for the purpose 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 canceled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State or a public authority or agency, of the State, until he satisfies the State Division of Human Rights that he has established and is carrying out a program in conformity with the provision of the non-discrimination clauses. Such finding shall be made by the State Division of Human Rights, after conciliation efforts by the State Division of Human Rights have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the State Division of Human Rights, notice thereof has been given to the contractor and an opportunity has been afforded him to be heard publicly before three

2025 General Highway Requirements - 16 members of the State Division of Human Rights. Such sanctions and remedies otherwise provided by law.

{G) The contractor will include the provisions of clauses {a) through {f) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed with the State of New York.

The contractor will take such action in enforcing such provisions of such subcontract of purchase order as the contracting agency may direct, including sanctions or remedies for noncompliance.

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.

SPECIFICATIONS

The items and/or material designations herein referred to are the items and/or material designations of the Broome County Highway Department and/or the New York State Department of Transportation {N.Y.S.D.O.T.)

Design and Construction Division Standard Specifications.

These Specifications shall apply unless herein modified.

"The County will provide, unless otherwise specified, the necessary labor, materials, equipment, tools and incidentals necessary to complete the preparation of the road, parking area or shoulder surface prior to the application of the new surface. In addition, the County will provide traffic control, unless otherwise specified. However, any damage to the new surface during construction/curing will be the responsibility of the contractor."

INSURANCE AND BOND REQUIREMENTS

INSURANCE AND BONDS: The contractor shall not commence work under this agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the Office of Risk Management. The Contractor shall not allow any subcontractor to commence work on this project until a similar insurance required of the subcontractor has been obtained and approved.

Master Insurance Requirements

As amended May 11, 2004

Risk Management & Insurance Specifications

Project Description or

Contract Number

General Highway Bid 2025 – for asphalt products, aggregates, precast structures, stone, & concrete delivered to various sites, as well as equipment rentals. 5/31/25-4/30/2028, option to renew for two years.

Date Issued February 11, 2025

Vendor name (“Contractor”) TBD

County Department DPW Chet Kupiec

Please read these specifications very carefully. These specifications are part of your contract with Broome

County. It is advisable that you forward a copy of these specifications to your insurance agent. Broome

County’s waiver of any requirement(s) set forth herein shall not constitute a waiver of any other contract provision.

Part I. General Provisions

1. The Contractor shall procure and maintain during the term of this contract, at the Contractor’s expense, the insurance policies listed in Part II with limits equal to or greater than the enumerated limits.

2. The contractor shall be solely responsible for any self-insured retention or deductible losses under each of the required policies.

3. Every required policy, including any required endorsements and any umbrella / excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, if any, shall be excess and not contributory insurance to that provided by the Contractor.

4. Every required coverage type shall be “occurrence basis”.

5. The Contractor may utilize umbrella/excess liability coverage to achieve the limits required hereunder;

such coverage must be at least as broad as the primary coverage (follow form).

6. All insurance certificates must be approved by the Office of Risk & Insurance Management. See section

II for specific requirements regarding insurance proof.

7. The County reserves its right to request certified copies of any policy or endorsement thereto.

8. All insurance shall be provided by insurance carriers licensed & admitted to do business in the State of

New York and must be rated “A−:VII” or better by A.M. Best (Current Rate Guide).

9. If the Contractor fails to procure and maintain the required coverage(s) and minimum limits such failure shall constitute a material breach of contract, whereupon Broome County may exercise any rights it has in law or equity, including but not limited to the following:

(a) immediate termination of the contract;

(b) withholding any / all payment(s) due under this contract or any other contract it has with the vendor

(common law set-off); OR

(c) procuring or renewing any required coverage(s) or any extended reporting period thereto and paying any premiums in connection therewith. All monies so paid by Broome County shall be repaid upon demand, or at the County’s option, may be offset against any monies due to the Contractor.

10. Neither Party shall permit a subcontractor to enter upon or continue the performance of the

Agreement unless such subcontractor is and remains insured in accordance with the requirements listed hereunder. Any such subcontracting Party shall indemnify the other Party for any loss suffered by the non-subcontracting Party for the failure of any subcontractor to so insured. The indemnity shall survive expiration or termination of the Agreement.

2025 General Highway Requirements - 17

Part II. Required Insurance – Minimum coverage types and amounts

Coverage Type Minimum Limits

Commercial General Liability (CGL) including:

Products & completed operations shall not be excluded.

Broome County shall be named additional insured. The additional insured endorsement for the insurance shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Proof of additional insured coverage shall be evidenced through a carrier issued endorsement. (ISO CG 20 10 11 85 or equivalent)

$1,000,000 / $2,000,000

Per occurrence / minimum annual aggregate limit

Automobile Liability (Comprehensive Form)

Must cover owned, non-owned and hired vehicles

$1,000,000

Combined Single Limit

Workers’ Compensation and Employer’s Liability See #3

If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory amount /

$100,000

Disability Insurance See #4

If you have no employees (sole proprietor) you may provide an affidavit of exemption. (CE-200) if the box to the left is checked

Statutory limits

Umbrella coverage: over CGL and Automobile $3,000,000 CSL

1. The certificate face shall:

➢ indicate coverage(s) (other than Workers’ Compensation & Disability) & minimum amounts required in part II.1

➢ provide that the coverage(s) shall not be cancelled, terminated or materially changed (including an insurance limits reduction) unless thirty (30) days prior written notice has been given to the

County Office of Risk & Insurance Management.

➢ Disclose all policy exclusions

➢ Disclose the amount of self-insured retention or deductibles.

➢ Show Products & completed operation

2. Proof of Workers’ Compensation Coverage must be provided on NYS issued WCB form C-105.2 or

U-26.3. Exemption should be provided on CE-200

3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or DB820/829 or DB-155. Exemption should be provided on CE-200

4. The Additional Insured & Certificate Holder should read:

County of Broome

Attn: Office of Risk & Insurance Management

PO Box 1766

Binghamton, NY 13902-1766

2025 General Highway Requirements - 18

Part III Defense and Indemnification

The following provisions concerning indemnification shall not be construed to indemnify the

County for damages arising from bodily injury to persons or property contributed to, caused by or resulting from the sole negligence of the County or its employees.

The Contractor agrees to indemnify and hold the County of Broome and any officer, employee and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s) or other expense(s) or liability(ies) of every kind arising from or relating to any and all claim(s), lien(s), demand(s), obligation(s), action(s), proceedings or causes of action of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor’s employees, agents or and/or subcontractors) in the performance of this agreement.

Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder: any and all such claims, etc., relating to personal injury, death, damage to property, or any actual or alleged violation of any applicable statute (including specifically but not limited to New York State Labor Law §§ 200; 202; 240 & 241), ordinance, administrative order, executive order, rule or regulation, or decree of any court of competent jurisdiction in connection with, or arising directly or indirectly from, errors and/or negligent acts by the Contractor, as aforesaid,.

Part IV Safety

Broome County specifically reserves the right to suspend or terminate all work under this contract whenever Contractor and/or contractor’s employees or subcontractors are proceeding in a manner that threatens the life, health or safety of any of contractor’s employees, subcontractor’s employees, county employees or member(s) of the general public on county property. This reservation of rights by Broome County in no way obligates Broome County to inspect the safety practices of the

Contractor.

If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due to Broome County’s legal obligation to continuously provide contractor’s service to the public or Broome County’s immediate need for completion of the

Contractor’s work. In such case, Contractor shall immediately cure the defect.

If the Contractor fails to cure the identified defect(s), Broome County shall have the right to immediately terminate this contract. In the event Broome County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome

County in re-bidding the work and /or by the increase in cost that results from using a different vendor.

2025 General Highway Requirements - 19

2025 General Highway Requirements - 20

INSURANCE AND BONDING REQUIREMENTS

Comp. General Liability

NYS

Wage Rates

Workers Comp

Employee…