RFB-2708 CR 51 Latta Brook Road Bridge Replacement FINAL bid documents.pdf

SUBMITTED IN ACCORDANCE WITH THE HIGHWAY

LAW AND STANDARD SPECIFICATIONS OFFICIALLY

FINALIZED AND ADOPTED ON JANUARY 1, 2024

AS POSTED ON THE NEW YORK STATE

DEPARTMENT OF TRANSPORTATION WEBSITE.

CONTRACT DOCUMENTS

AND

SPECIFICATIONS

FOR

CONTRACT D040473

RFB-2708 - REPLACEMENT OF LATTA BROOK ROAD

(C.R. 51) BRIDGE OVER LATTA BROOK

(BIN 3331360)

P.I.N. 6755.52

LOCALLY ADMINISTERED FEDERAL AID PROJECT

TOWN OF HORSEHEADS

CHEMUNG COUNTY, NEW YORK

MARCH 2025

PREPARED BY:

BARTON & LOGUIDICE, D.P.C.

443 ELECTRONICS PARKWAY

LIVERPOOL, NEW YORK 13088

It is a violation of the New York state education law, Article 145 §7209 Special Provisions, for any person, unless they are acting under the direction of a licensed professional engineer, architect, landscape architect, or land surveyor, to alter an item in any way.

If an item bearing the stamp of a licensed professional is altered, the altering engineer, architect, landscape architect, or land surveyor shall stamp the document and include the notation "altered by" followed by their signature, the date of such alteration, and a specific description of the alteration.

12.24 TABLE OF CONTENTS PT

626.012.121 TC-1

TABLE OF CONTENTS

for

CONTRACT D040473

RFB-2708 - REPLACEMENT OF LATTA BROOK ROAD (C.R. 51) BRIDGE

OVER LATTA BROOK (BIN 3331360)

P.I.N. 6755.52

ADDENDA, if any, as identified in Section 00 01 00

SECTION 00 00 20 ADVERTISEMENT FOR BID

DIVISION 00 [01] BIDDING & CONTRACT REQUIREMENTS

SECTION 00 01 00 INFORMATION FOR BIDDERS

-.01 Location of the Work -.02 Description of the Work -.03 Commencement and Completion of the Work -.04 Collateral Work and Conditions of Work -.05 Receipt & Opening of Bids -.06 Informalities, Waivers and Withdrawals -.07 Bid Preparation -.08 Addenda and Interpretations -.09 Qualifications of Bidders -.10 Obligations of Bidders -.11 Bid Security -.12 Liquidated Damages for Failure to Execute Contract -.13 Discrepancy in Bids -.14 Lowest Bidder -.15 Award of Contract

SECTION 00 01 50 LABOR AND EMPLOYMENT

-.01 General -.02 Posting Minimum Wage Rates & Keeping Records -.03 Non-Discrimination and Labor Practices -.04 Legal Day's Work -.05 Wage Rates -.06 Verification of Amounts Due for Wages and Supplements -.07 Minimum Rates

SECTION 00 01 60 ADDITIONAL INSTRUCTIONS

-.01 Borings and Subsurface Data -.02 Preconstruction Conference -.03 Power of Attorney -.04 Laws and Regulations -.05 Non-Collusive Bidding Certification -.06 Iranian Energy Sector Divestment Certification -.07 Prevention of Sexual Harassment Compliance -.08 Insurance -.09 Contract Drawings

TABLE OF CONTENTS PT 10.24

TC-2 626.012.121

SECTION 00 01 60 ADDITIONAL INSTRUCTIONS - Continued -.10 Contract Specifications -.11 Special Conditions -.12 Payroll Records -.13 Emergency Services/School Contacts -.14 Environmental Permits -.15 Highway Work Permit -.16 Railroad Coordination -.17 Utility Coordination -.18 Work Completed by Others -.19 Bridge/Bat Survey -.20 D/M/WBE Pre-Award Utilization Package -.21 Special Notes -.22 Engineer’s Field Office -.23 Inspection and Testing

DIVISION 00 [03 & 04] BIDDING & CONTRACT REQUIREMENTS

SECTION 00 03 01 BIDDER’S CHECKLIST

SECTION 00 03 70 BID PRICES

SECTION 00 03 73 IRANIAN ENERGY SECTOR DIVESTMENT CERTIFICATION

SECTION 00 04 80 CONSTRUCTION CONTRACT REQUIREMENTS

SECTION 00 04 81 STATEMENT OF SURETY’S INTENT

SECTION 00 04 89 DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION GOALS

SECTION 00 04 90 EQUAL EMPLOYMENT OPPORTUNITY UTILIZATION REQUIREMENTS

SECTION 00 04 99 BID SECURITY

DIVISION 00 [05 &06] BIDDING & CONTRACT REQUIREMENTS

SECTION 00 05 70 AGREEMENT

SECTION 00 06 10 PERFORMANCE BOND

SECTION 00 06 20 LABOR & MATERIALS PAYMENT BOND

SECTION 00 06 50 CERTIFICATE OF INSURANCE

DIVISION 00 [08] GENERAL CONDITIONS

SECTION 00 08 10 DEFINITIONS OF WORDS & TERMINOLOGY

-.01 Definitions of Words and Terms -.02 References to Other Specifications and Codes

SECTION 00 08 20 DESCRIPTION & DELINEATION OF THE WORK

-.01 Intent of Plans and Specifications -.02 Interpretation of Plans & Specifications -.03 Contract Drawings -.04 Additional or Supplemental Drawings

SECTION 00 08 30 CONDITIONS & REQUIREMENTS

-.01 New York State Standard Specifications -.02 Abbreviations and Definitions of Terms -.03 Bidding Requirements and Conditions -.04 Contract Award and Execution -.05 Control of Work

10.24 TABLE OF CONTENTS PT

626.012.121 TC-3

SECTION 00 08 30 CONDITIONS & REQUIREMENTS – Continued -.06 Technical Specifications -.07 Retainage

SECTION 00 08 40 FEDERAL AID REQUIREMENTS FOR TRANSPORTATION

ENHANCEMENT PROJECTS

-.01 Special Notice to Bidders -.02 New York State Uniform Contracting Questionnaire -.03 Contract Requirements for Locally Administered Federal Aid Construction Projects

(Package A) -.04 Fall Protection Requirements -.05 Electrical Safety

TABLE OF CONTENTS PT 10.24

TC-4 626.012.121

MATERIAL AND PERFORMANCE (TECHNICAL) SPECIFICATIONS

DIVISION 00 02 – DIVISION 00 49

ITEM

555.97130016 CONCRETE FOR STRUCTURES, (REINFORCEMENT INCLUDED AND

NO BAR LIST IN PLANS)

555.97140016 FOOTING CONCRETE, (REINFORCEMENT INCLUDED AND NO BAR

LIST IN PLANS)

563020000CM INSTALLATION OF OWNER SUPPLIED PRESTRESSED CONCRETE

UNITS (STRUCTURAL)

565.30130101 TEMPORARY WOOD SUPPORT

595.50000018 SHEET-APPLIED WATERPROOFING MEMBRANE

613.04000001 STOCKPILING AND PLACING EXISTING STREAM BED MATERIALS

620.30010001 ROCK CROSS VANES

621.51000015 GRADING CLEANING AND RESHAPING EXISTING DITCHES

621.51970008 GRADING, CLEANING AND RESHAPING EXISTING CHANNELS,

DITCHES AND STREAMBEDS

627.50140008 CUTTING PAVEMENT

644.11070003 CEMENT MORTAR PAD

697.030000BM FIELD CHANGE PAYMENT (FCP)

10.24 TABLE OF CONTENTS PT

626.012.121 TC-5

INDEX TO DRAWINGS (SEPARATE FILE)

SHEET DESCRIPTION FILE NO.

1 TITLE SHEET COVER

2 INDEX AND ABBREVIATIONS IA-1

3 LEGEND LINE SYMBOLOGY L-1

4 LEGEND POINT SYMBOLOGY L-2

5 GENERAL NOTES GN-1

6 TYPICAL SECTIONS TS-1

7 SURVEY CONTROL PLAN, BASELINE TIES, & BENCHMARKS SC-1

8 WORK ZONE TRAFFIC CONTROL PLAN & NOTES WZTC-1

9-10 WORK ZONE TRAFFIC CONTROL DETOUR PLAN WZTC-2 & WZTC-3

11 WORK ZONE TRAFFIC CONTROL SIGNS WZTC-4

12 EROSION CONTROL PLAN AND NOTES EC-1

13 PLAN PL-1

14 PROFILE PR-1

15 PAVEMENT MARKING, SIGNING, AND RAILING LAYOUT PLAN PM-1

16 STREAM PLAN AND PROFILE S-1

17 STREAM SECTIONS S-2

18 STREAM DETAILS S-3

19 BRIDGE NOTES BN-1

20 BRIDGE PLAN AND ELEVATION ST-1

21 REMOVAL PLAN AND SECTIONS ST-2

22 EXCAVATION PLAN ST-3

23 EXCAVATION SECTIONS ST-4

24 PILE LAYOUT PLAN ST-5

25 BEGIN ABUTMENT PLAN AND ELEVATION ST-6

26 END ABUTMENT PLAN AND ELEVATION ST-7

27 END ABUTMENT WINGWALL PLAN AND ELEVATION (LEFT) ST-8

28 BEGIN ABUTMENT REINFORCEMENT PLANS ST-9

29 END ABUTMENT REINFORCEMENT PLANS ST-10

30 END ABUTMENT WINGWALL REINFORCEMENT (LEFT) ST-11

31 ABUTMENT REINFORCEMENT ELEVATIONS ST-12

32 SUBSTRUCTURE SECTIONS ST-13

33 FRAMING PLAN AND SECTION ST-14

34 4’-0” PRESTRESSED HOLLOW SLAB UNIT ST-15

35 3’-0” PRESTRESSED HOLLOW SLAB UNIT ST-16

36-37 PRESTRESSED HOLLOW SLAB UNITS (SHEET 1 THRU 2) ST-17 to ST-18

38 RAILING LAYOUT PLAN ST-19

39-42 STEEL BRIDGE RAILING – FOUR RAIL (SHEET 1 THRU 4) ST-20 to ST-23

43 ESTIMATE OF QUANTITIES EQ-1

2025 county public work outside engineer boiler 1-13 using bidnet (state funded projects) (id 3322789).docx

Chemung County-City of Elmira Purchasing Department John H. Hazlett Building – 2nd Floor

203 Lake Street PO Box 588 Elmira, NY 14902-0588

PH: 607-737-3577 FAX: 607-737-2073

NOTICE IS HEREBY GIVEN, that sealed bid proposals are sought and requested by the County of Chemung for the following contract:

CONTRACT D 040473

RFB-27085– REPLACEMENT OF LATTA BROOK ROAD (C.R. 51) BRIDGE

OVER LATTA BROOK (BIN 3331360)

P.I.N. 6755.52

Sealed bids will be received in the Chemung County Law Department, 167 Lake Street, Elmira, New York 14901, until 1:45 P.M. on May 1, 2025, where the bid opening will be publicly opened and broadcast publicly via Teams at 2:00 P.M. on the date due. Login information to the Teams meeting can be found on the Purchasing website at https://www.chemungcountyny.gov/438/Open-Bids

Each bid shall be accompanied by a deposit in the amount of Five Percent (5%) of the total base bid in the form of a Certified Check, Bank Draft, or Bid Bond. Cash will not be acceptable as a deposit. If an awarded bidder fails to enter into a contract with the County following notice of bid acceptance, the bid security shall be forfeited to and become the property of Chemung County. No bidder may withdraw their bid within forty-five (45) days after the date of the bid opening.

Please take notice:

The Purchasing Office is closed between 12:00 Noon to 1:00 P.M. daily.

The Purchasing Office receives one daily US Mail delivery after 2:00 P.M.

Any bid received in the Purchasing Office after 1:45 P.M. on the due date will not be considered.

Bids received via facsimile or electronically will not be considered.

Bid proposals must be submitted in duplicate (one original and one exact copy).

The County of Chemung reserves the right to reject any and all bids submitted and to waive any informality.

Proposals must be made upon and in accordance with bid documents. Plans, Specifications, and Proposal Forms may be viewed and downloaded on or after April 10, 2025 by registering with the Empire State Purchasing Group at www.EmpireStateBidSystem.com. No hard copies of the plans and specifications will be provided. 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) ON THE EMPIRE STATE PURCHASING GROUP WEBSITE. IF

YOU CHOOSE THE FREE SUBSCRIPTION, YOU MUST VISIT THE WEBSITE UP UNTIL THE RESPONSE

DEADLINE FOR ANY ADDENDA.

Questions pertaining to the technical specifications of this project shall be directed to:

Jonathan Walczak Barton & Loguidice, D.P.C.

11 Centre Park, Suite 203 Rochester, NY 14614 Ph: 585-325-7190 jwalczak@bartonandloguidice.com

2025 county public work outside engineer boiler 1-13 using bidnet (state funded projects).docx

Bidders shall promptly notify Jonathan Walczak of any errors, omissions, conflicts or ambiguity within the Contract Documents within 7 days of Bid opening.

The Owner is the Chemung County Department of Public Works and the work sites are located in the Town of Horseheads, Chemung County, New York. The project limits extend from: 85 feet west to 150 feet east of the exiting crossing.

The work includes providing all labor, materials, machinery, tools, equipment and other means of construction necessary and incidental to the completion of the work shown on the Plans and described in these Specifications including, but not necessarily limited to the following:

Remove and replace the existing Latta Brook Road crossing and reconstruct approximately 175 linear feet of approach roadway to tie into the adjacent highway.

This is a Federal Aid Project and NYSDOT Standard Specifications, officially finalized and adopted on January 2, 2025 as posted on the New York State Department of Transportation's website must be followed by the successful Bidder.

The DBE goal for this project is 5%.

There are no M/WBE goals for this project.

The EEO Employment goals for this project are: 2.2% Minority Employment Goal

6.9% Women Employment Goal

The use of the NYSDOT approved civil rights reporting software, Equitable Business Opportunities (EBO), is required. Access authorization to EBO can be found at:

https://www.dot.ny.gov/main/business-center/civil-rights2/civil-rights-repository/Tab/EBO_Login_Application.pdf

No residential or geographical restrictions will be in effect for this project. Applicable Federal requirements take precedence over State and local requirements unless State and local requirements are deemed to be more stringent.

All bids must include all the materials in Division 003 and 004. This is a unit price bid as described in the Information for Bidders. No Bidder may withdraw his/her bid within forty-five (45) calendar days after the actual date of the opening thereof. Each bid must be accompanied by security in an amount not less than five percent (5%) of the amount of the bid in the form and subject to the conditions provided in the Information for Bidders.

The Bidder to whom the Contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds from an acceptable Surety Company for an amount not less than 100% of the accepted bid. The successful Bidder and all subcontractors must have an approved CCA-2 on file with NYSDOT prior to being awarded a contract. If the successful Bidder does not currently have a CCA-2 on file with NYSDOT, the Bidder may find the CCA-2 forms and instruction for completion online at For-Profit Construction Questionnaire (CCA-2) | Office of the New York State Comptroller

2025 county public work outside engineer boiler 1-13 using bidnet (state funded projects) (id 3322789).docx

The successful Bidder will be required to comply with all provisions of the Federal Government Equal Employment Opportunity clauses issued by the Secretary of Labor on May 2, 1968, and published in the Federal Register (41 CFR Part 60-1, 33 F.2 7804). Successful Bidders will be required to pay prevailing wage rates on this Contract.

Chemung County reserves the right to consider the bids for forty-five (45) days after receipt before awarding any contract, and to waive any minor informalities in, and to reject, any and all bids. All bids are subject to final review and approval by the Chemung County Legislature before any award of contract may be made.

Receipt of bids by the Chemung County shall not be construed as authority to bind the Municipality.

All work items of the Contact shall be substantially completed within 150 calendar days following the date the Contractor mobilizes to the site following the date the Contractor is notified to proceed with the work.

The New York State Department of Transportation, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation and Title 23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes, as amended, issued pursuant to such Act, hereby notifies all who respond to the related solicitation, request for proposal or invitation to bid that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability/handicap and income status in consideration for an award.

Owner’s Contact Carl E. Martel, P.E.

Project Manager II 803 Chemung Street Horseheads, NY 14845 607-739-3896 cmartel@chemungcountyny.gov

Engineer's Contact Jonathan M. Walczak, P.E.

Senior Managing Engineer 11 Centre Park, Suite 203 Rochester, NY 14614 585-325-7190 jwalczak@bartonandloguidice.com

By:

Tricia A. Wise, NIGP-CPP, CPPO, CPPB Purchasing Director

Inserted Star Gazette: April 10, 2025 Inserted in the Corning Leader: April 10, 2025 Inserted NYS Contract Reporter: April 10, 2025

***ATTENTION***

*** PURCHASING DEPARTMENT RELOCATION ***

Please be advised that the Chemung County Purchasing Department has relocated to the following address:

150 Lake Street, Third Floor, Room 308, Elmira, NY

Instructions for Bid Drop-Offs and Bid Opening:

1. All physical bids must now be delivered to and bid openings will now be held on the 3rd floor at 150 Lake Street.

2. Enter the building using the parking lot entrance.

3. Use the Ring Doorbell to request access to the building.

4. Upon entering, take the west double door elevators located around the corner to the right.

5. Go to third floor and take left off elevator, proceed to Purchasing Department, first door on your left.

6. Bid openings will be held on Third Floor, Room 308

Contact Information:

For any questions or additional information, please contact the Purchasing Department:

607-333-4205 or 607-737-3577

Thank you for updating your records and for your attention to this change.

“New Requirement” Public Work Contractor and Subcontractor Registry

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law.

Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors need to register before submitting any new bids or commencing new work on a covered project on or after December 30, 2024. Subcontractors need to register before commencing new work on a covered project on or after December 30, 2024. NYSDOL encourages all contractors and subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work & Prevailing Wage Enforcement at the New York State Department of Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work & Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Electronic Certified Payroll Submissions in 2025

There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forthcoming database, starting when the system is completed in 2025.

Please watch the NYS Department of Labor website for additional information.

SECTION 1 - CONDITIONS OF WORK

1.01 Receipt and Opening of Proposals: The County of Chemung, New York (herein called the Owner) invites Bids on the form attached hereto. Each bidder shall submit their bid in a sealed envelope which shall bear thereon the following inscription:

CONTRACT D040473

RFB-2708– REPLACEMENT OF LATTA BROOK ROAD (C.R. 51) BRIDGE OVER LATTA BROOK

P.I.N. 6755.52

Mail or deliver the bid document in person to the address specified in the Notice to Bidders. The outside of the bid envelope must bear the name and address of the company submitting the bid. The bidder shall submit the following in the sealed bid envelope (one original and one exact copy):

The Bid Submission Form Vendor Certification Form Regret Letter (If No Bid) Non-Collusion Form Waiver of Immunity Certification Regarding Equal Employment Opportunity Iranian Energy Divestment Certification Bidder’s Statement on Sexual Harassment Documentation Required by Specifications Bid Bond W-9

All forms must be signed and witnessed according to the bid document instructions.

The original bid document shall be clearly marked “ORIGINAL.” If any discrepancy exists between the original document and the copy, the original document shall be binding.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any or all bids. Any bid may be withdrawn prior to the scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. No bid may be withdrawn within forty-five days after actual date of the opening thereof.

Bids delivered prior to the day the bids are actually opened will be deemed received upon the day of the actual opening of the bids and will be retained in the interim only as a courtesy to the Bidder.

1.02 Description of Service (Contract Work Specifications): See specifications section (1.02).

1.03 Commencement of Work: This pertains to bids for a construction or service Contract. Upon execution and delivery of the Contract and the delivery of the required insurance certificates, proof of insurance by the Contractor to the Owner and the approval thereof by the Owner’s legislative body and attorney, the Contractor will be notified to proceed with the work of the Contract. Upon receipt of the Notice to Proceed, the Contractor shall provide the contracting agency with the performance and payment bonds required by that agency.

1.04 Taxes: The County of Chemung is a tax exempt entity.

1.05 Contractor’s Insurance: The Contractor and each subcontractor, at his own expense, shall procure and maintain, until final acceptance by the Owner of the work covered by the Contract, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State covering all operations under the Contract whether performed by the Contractor or by subcontractors.

Before commencing the work, the Contractor and each subcontractor shall furnish to the Owner one duplicate original policy together with two certificates of insurance for each of the kinds of insurance required satisfactory in form to the Owner showing that the Contractor and each subcontractor has complied with this Section. The policies and certificates shall provide that the policies shall not be changed or cancelled until 15 days after written notice to the Owner. Property damage insurance must in all instances include coverage for explosion, collapse, and underground operations (X C U hazards).

All insurance coverage required to be purchased and maintained by the Contractor under this Agreement shall be primary for the defense and indemnification of any action or claim asserted against the Owner and/or the Contractor for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies that may be to the contrary.

Owner is to be named as an additional insured on a primary basis on all policies including completed operations with the exception of workers’ compensation and a certificate of insurance will be provided within 48 hours of request by Owner. All certificates of insurance will provide 30 days notice to Owner of cancellation or non-renewal. Contractor waives all rights of subrogation against Owner and will have all policies endorsed setting forth this waiver of subrogation.

The kinds and amounts of insurance are as follows:

A. Commercial General Liability Insurance - Unless otherwise specifically required, each policy with limits of not less than:

$ 2,000,000.00 PER OCCURRENCE; $ 3,000,000.00 AGGREGATE

All damages arising during the policy period shall be furnished in the following specified types:

1) Contractor’s Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work performed by him under the Contract.

2) Contractor’s Liability Insurance issued to and providing coverage to each sub-contractor for liability for damages imposed by law upon each subcontractor with respect to all work performed by said subcontractor under the Contract.

3) Contractor’s Protective Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor with respect to all work under the Contract performed for the Contractor by subcontractors.

4) Protective Liability Insurance issued to and providing coverage to the Owner for all liability for damages imposed by law upon the Owner with respect to all operations under the Contract by the Contractor or by his subcontractors, including omissions and supervisory acts of the Owner.

5) Contractual Liability Insurance issued to and providing coverage to the Owner for liability imposed by Contract upon the Owner for work performed on private land with respect to all operations under the Contract by the Contractor or by his contractors.

6) Completed Operations Liability Insurance issued to and providing coverage to the Contractor for liability for damages imposed by law upon the Contractor and each subcontractors arising between the date of the certificate of completion of the work and the date of expiration of the guarantee.

7) Said policy shall cover as Primary “additional insured” or, at the option of the Contractor, as Primary co-insured with the Contractor, the County of Chemung and all employees or other representatives of each of them, both officially and personally without liability for premiums.

B. Umbrella Excess Liability - Unless stated otherwise in specifications, policy must have limits of not less than:

$ 2,000,000.00 PER OCCURRENCE; $2,000,000.00 AGGREGATE

C. Automobile Insurance - Automobile public liability and property damage insurance covering all claims against the Contractor, each subcontractor and the Owner, as a result of work under the Contract, shall be provided by the Contractor in the following amounts:

COMBINED SINGLE LIMIT OF $ 1,000,000.00

D. State Provisions for Workers’ Compensation - Pursuant to Section 108 of the General Municipal Law, it is stipulated that the Contractor shall at all times during the life of this Contract provide adequate Workers’ Compensation at his own cost and expense, and this Contract shall be void and of no effect unless the said Contractor shall secure compensation for the benefit of, and keep insured during the life of said Contract, such employees in compliance with the provisions of Chapter 41 of the Laws of 1914, as amended.

E. Installation Floater - The Contractor is responsible for damage or theft of their materials and supplies. All materials and supplies will be covered by the Contractor's insurance until the acceptance of the Project by the Owner.

1.06 Indemnification Clause: The Contractor agrees to defend, indemnify and hold harmless the County, its officers and agents, against all liability, judgments, costs, and expenses upon any claims arising from the negligence of the Contractor, its agents, officers or employees, in performing the work under this Agreement.

1.07 Guarantee: The Contractor guarantees all the work and equipment furnished under the Contract against any defects in workmanship or materials for a period of one (1) year following the date of final acceptance of the work by the Owner. Under this guarantee, the Contractor agrees to make good, without delay, at his own expense, any failure of any such parts due to faulty materials, construction or installation or to the failure of any such equipment to successfully perform all the work put upon it within the limits of the specifications and further shall make good any damage to any part of the work caused by such failure. The Contractor also agrees that the Contractor’s Bond provided for in the following paragraph shall fully cover all guarantees contained in this paragraph. Items replaced or rebuilt shall carry a one-year guarantee from the date of acceptance of the replacement or repairs.

1.08 Security for Faithful Performance: At the time of receipt of a “Notice to Proceed” for specific contract work, the Contractor shall furnish to the Owner the required surety and payment bonds in the amount of one-hundred percent (100%) of the accepted bid as security for faithful performance of the Contract and for the payment of all persons performing labor on the project under the Contract and furnishing materials in connection with this contract.

The surety on each bond shall be a duly authorized surety company satisfactory to the Owner and shall remain in force for a period of one year following final acceptance of the work by the Owner. The cost of the aforesaid bonds is to be paid by the Contractor and shall be included in the Bid submitted. In lieu of a performance bond, Chemung County will accept a cash deposit equal to one-hundred percent (100%) of the bid, accompanied by an indemnity agreement, in a format to be approved by the County Attorney.

1.09 Additional Security: If at any time the Owner shall be or become dissatisfied with any surety or sureties then upon the Performance Bond, or if for any other reason such Bond shall cease to be adequate Security to the Owner, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond in such form and sum and signed by such other sureties as may be paid by the Contractor.

No payments on current estimates shall be deemed due nor shall be made until the new sureties shall have qualified.

1.10 Executory Clause: It shall be understood by and between the parties that this agreement shall be deemed executory to the extent of the monies available to the County of Chemung for said purposes and no liability on account thereof shall be incurred by the County of Chemung beyond monies available for said purposes.

Cancellation: This Contract may be terminated by the County of Chemung, with written notice being given to the Contractor 30 days prior to cancellation and said agreement shall be null and void and have no further effect 30 days after the Contractor’s receipt of said written notice from the County.

1.11 Contractor Status: The relationship of the Contractor to the County of Chemung shall be that of an independent Contractor. That the said Contractor in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself in accordance with such status, that it will neither hold itself out as nor claim to be an officer or employee of the County of Chemung by reason thereof and that it will not by reason thereof, make any claim, demand, or application to or for any rights, or privilege applicable to an officer or employee of the County of Chemung, including but not limited to Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credits.

1.12 Pertaining to General Municipal Law: The Contractor shall agree that Section 103-a and 103-b of the General Municipal Law relative to ground for cancellation of Contract by municipal corporation, and disqualification to contract with municipal corporations, are made parts hereof as though fully set forth herein.

1.13 Specification Discrepancy: Should a discrepancy be found in, or omissions from the specifications, requirements for contract, or bid proposal form, or should the bidder be in doubt as to their meaning, they shall at once, no later than seven days prior to submission of Proposal, notify the Purchasing Director in writing who will send written Addenda to all bidders where necessary. The County of Chemung will not be responsible for any oral instructions.

1.14 Assignment and Subletting: The Contractor shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Contract or any estate created by this Contract, or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform, without the written consent of the County first being obtained.

1.15 Non-waiver: Any waiver of any breach of covenants herein contained to be kept and performed by Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition or covenant or otherwise.

1.16 Default: Provided always, these entire agreements are upon this condition, that if Contractor shall fail or neglect to do or perform or observe any of the covenants contained herein on its part to be kept and performed and such failure or neglect shall continue for a period of not less than seven (7) days after the County has notified Contractor in writing of Contractor’s default here-under and the

Contractor has failed to correct such default within said seven (7) days, or if Contractor shall be declared to be bankrupt or insolvent according to law, or if any assignment of its property shall be made for the benefit of creditors, then in either of said cases or events, the County, or those having its estate in the premises, lawfully may, at its option, immediately or at any time thereafter without demand or notice, cancel the whole and expel Contractor and those claiming by, through or under Contractor, and remove Contractors and their effects, if any, forcibly if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used.

1.17 Rejection or Acceptance: The right is reserved by the County to waive any irregularities or informalities in any bid, to accept or reject any or all bids, to re-advertise for bids if desired, and to accept the bid which, in the judgment of the County is deemed the most advantageous for the public and the County. Any bid proposal which is incomplete, conditional, obscure, or which contains additions not called for, or irregularities of any kind, may be cause for rejection of the bid. In the event of default of the successful applicant, or refusal to enter into a contract with the County, the County reserves the right to accept the bid of any other applicant without necessity of re-advertisement.

1.18 License Requirement: Contractor shall agree to maintain continuously applicable state, county, city and federal licenses. The County of Chemung reserves the right to investigate thoroughly the finances, character, experience and record of each bidder and the final award will consider these aspects with the actual bid. The company submitting the proposal shall fully cooperate in providing information necessary to facilitate the investigation herein stated above.

1.19 Contract Period: If applicable, and unless otherwise stated in the specifications, this bid may be accepted and work authorized by the County for a one year period and may be extended beyond the first year, for one additional year, at the same bid price, by mutual agreement between both parties (County of Chemung and vendor or Contractor).

1.20 Weight Certification: Where materials are purchased by weight, the supplier shall use scales certified by the County of Chemung or the State of New York and the supplier shall furnish the County with certified weight tickets upon delivery of materials and as necessary and/or requested by the County.

1.21 Tax Exempt Purchasing By Contractor: The Contractor (or approved subcontractor) MAY be considered exempt from the payment of State Sales Tax, ONLY when purchasing those materials that will be incorporated in the County owned real property involved in the Contract, by obtaining a CONTRACTOR EXEMPT PURCHASE CERTIFICATE and presenting it when making such purchases. One source for obtaining this certificate is the Department of Taxation and Finance, Technical Services Bureau, W.A. Harriman Campus, Building 8, Room 104, Albany, New York 12227. THE CONTRACTOR SHALL NOT USE ANY COUNTY TAX

EXEMPTION LETTER OR NUMBER.

1.22 Prevailing Wage Rate Requirement - Prevailing wage rates and payroll transcript records: Contractors will be required to adhere to NYS DOL prevailing wage schedules in paying wages to employees. The prevailing wage schedules in effect at the time of the contract execution shall control.

a. Section 220(3-a) of the New York State Labor Law: Pursuant to Section 220 (3-a) of the NYS Labor Law, the successful bidder to whom the County awards the contract, and any sub-contractor performing work under said contract, shall submit to the County Department a transcript of its original payroll records within thirty (30) days of the issuance of the contract, or within five (5) days of first entering the work site, whichever occurs first, and thereafter the contractor and subcontractor shall submit payroll records every thirty (30) days, until the contract expires or terminates. The filing of payrolls in a manner consistent with subdivision 3-9 is a condition precedent to payment of any sums due and owing to any person for work done on the project. Certified payroll records must also be submitted with invoices.

b. If the work to be performed by the successful bidder is located at a single location, the successful bidder and every subcontractor retained by the successful bidder shall post in a prominent and accessible place on the site where the work is performed, a legible statement of all wage rates and supplements as specified in the bidder’s contract with the County to be paid or provided, as the case may be, by the successful bidder or subcontractor for the various classes of mechanics, working men, or laborers, employed on the work. Such posted statement shall be written in plain English and titled, in lettering no smaller than two inches (2”) in height and two inches (2”) in width, with the phrase “Prevailing Rate of Wages”. Such posted statement shall be constructed of materials capable of withstanding adverse weather conditions.

c. A unique Prevailing Wage Case Number (PRC#) 2024013066 has been assigned to the schedule(s) for this project.

d. The current schedule(s) of the prevailing rates and prevailing hourly supplements for the project referenced above may be accessed at the New York State Department of Labor website at www.labor.ny.gov. To obtain the wage rate schedules on the DOL website:

Under “Workforce Protections” on the home webpage, click on “Public Work”

Next on Public Work heading (on right side of screen), Click on: “Prevailing Wage” and “Article 8 – Construction”

Fill in the data window with, “Chemung”

Click on “View”

Prevailing Wage information will be reviewed; as you scroll, wage rates will be listed for:

JOB DESCRIPTIONS. Any changes regarding the schedule will be listed under the section labeled: “Changes and/or Corrections.” Click on the link to view.

Rates can also be obtained by contacting the Department of Labor at (585) 258-4505.

If you do not have internet access, you may contact the Chemung County – City of Elmira Purchasing Department at (607)737-3577 to request a copy of the prevailing rate schedule provided for this project.

e. Worker Notification: This provision is an addition to the existing prevailing wage rate law, Labor Law 220, subdivision paragraph 3-a. It requires contractors and subcontractors to provide written notice to all laborers, workers or mechanics of the prevailing wage rate for their particular job classification on each pay stub*. It also requires contractors and subcontractors to post a notice at the beginning of the performance of every public work contract on each job site that includes the telephone number and address for the Department of Labor and a statement informing laborers, workers or mechanics of their right to contact the Department of Labor if they are not receiving the proper prevailing rage of wages and/or supplements for their particular job classification. The required notification will be provided with each wage schedule, may be downloaded from the website www.labor.ny.gov under the heading, “Workforce Proctections” and then “Labor Standards” or made available upon request by contacting the Bureau of Public Work at 518-457-5589.

* In the event that the required information will not fit on the pay stub, an accompanying sheet or attachment of the information will suffice.

f. Effective July 18th, 2008: If this be a contract for the construction, maintenance and/or repair of public work and the total cost of all work to be performed under the contract is two-hundred- fifty-thousand dollars ($250,000) or more, then all laborers, workers, and mechanics employed in the performance of the contract either by contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract, shall be certified prior to performing any work on the project as having successfully completed a course in construction safety and health approved by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) that is at least ten hours in duration (Labor Law Section 220-h).

1.23 Unauthorized Changes: If this document is found to be altered in any way by a plan holder, it shall be cause for disqualification of the plan holder from any contract resulting from this solicitation and/or any future solicitation by Chemung County or the City of Elmira.

1.24 Limitations to Liability: The Owner does not assume responsibility or liability for costs incurred by bidders responding to the bid or to any subsequent requests for interviews, additional data, etc.

1.25 Compliance with Law: The Bidder agrees to comply with and fulfill all laws, orders, ordinances, rules and requirements of Federal, State, City, County or other applicable governmental authority; all applicable OSHA and New York State Labor rules, regulations, and statutes. Chemung County is a Municipal Separate Storm Sewer System (MS4) entity, and its MS4 operators together with third party entities are required to meet the storm water discharge regulations of its Storm Water Management Plan (SWMP). The bidder is advised it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.

1.26 Liquidated Damages: Costs to the municipality significantly rise if contracts are not professionally managed and completed on time. Therefore for most contracts, a provision for liquidated damages is included.

1.27 Iranian Energy Sector Divestment:

1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran;

or

(b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

(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 its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”Chemung County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

4. Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

(1) The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

(2) The County of Chemung has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Chemung would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

1.28 Equal Employment Opportunity: During the performance of this Contract, the Contractor agrees as follows:

(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition, carrier status or marital status.

(3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965 and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(6) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government Contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub-contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each sub-contractor or vendor. The Contractor will take such action with respect to any sub-contract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

1.29 NEW YORK STATE SEXUAL HARASSMENT LAWS

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 two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace.

CHEMUNG COUNTY STANDARD INSURANCE REQUIREMENTS

Prior to commencement…