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Chemung County-City of Elmira Purchasing Department

150 Lake Street, P.O. Box 588 Elmira, NY 14901

PH: 607-737-3577 FX: 607-873-1352

NOTICE IS HEREBY GIVEN, that sealed bids are sought and requested by the County of Chemung for the performance of the following contract for Chemung County and political subdivisions of Chemung

County:

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Sealed Bids will be received in the Chemung County – City of Elmira Purchasing Department, Third

Floor, Room 309, 150 Lake Street, Elmira, New York 14901, until 1:45 P.M. on September 24,2026, where they will be publicly opened, read aloud, and broadcast 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://chemungcountyny.gov/1387/10436/Purchasing-Calendar

Each bid shall be accompanied by a bid security in the amount of five-hundred dollars ($500.00) 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 days after the date of the bid opening.

Please take notice:

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

The Purchasing Office receives one (1) daily US Mail delivery after 2:00 P.M.

Any bid received in the Purchasing Office after 1:45 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 the bid documents. Bid documents may be obtained on or after August 27,2026 on line at www.empirestatebidsystem.com. Vendors must first register for either the free service or the paid service at that site. The paid service is not required to obtain County or City bids. After registration, click on Chemung County/City of Elmira from the list of participating agencies; click on the title of the bid or search the NIGP codes. Copies from any other source are not considered official copies. Only those proposers who obtain bidding documents from the

Empire State Purchasing Group are guaranteed to receive addendum information if such information is issued. Please note that if you choose a free subscription, you must visit the website up until the response deadline for any addenda.

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 by registering with this service.

Nina Wells Deputy Purchasing Coordinator

Inserted in the Star Gazette, Morning Times and NYSCR: August 27,2026 https://chemungcountyny.gov/1387/10436/Purchasing-Calendar http://www.empirestatebidsystem.com/

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“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.

https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/contractor-and-subcontractor-landing mailto:labor.sm.pwask@labor.ny.gov

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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:

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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

Regret Letter (If No Bid)

Vendor Certification

Non-Collusion Form Waiver of Immunity

Certification Regarding Equal Employment Opportunity

Iranian Energy Divestment Certification

Certification on Sexual Harassment

Documentation Required by Specifications

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 and 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.

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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 (XCU 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.

*NOTE: At the time of receipt of a Notice to Proceed for specific contract work, the

Contractor shall furnish a non-County contracting agency (see Section 1.24.2) with proof of insurance and performance bond as described herein.

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:

$ 1,000,000.00 PER OCCURRENCE; $ 2,000,000.00 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-subcontractor 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.

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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 subcontractor 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:

$ 1,000,000.00 PER OCCURRENCE; $1,000,000.00 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 the Owner or contracting agency with the required surety and payment bonds in the amount of $5,000.00 or one hundred percent (100%) of the specific contract work, whichever is higher, as security for faithful performance of the Contract and for the payment of all persons performing labor under the Contract and furnishing materials in connection with this contract.

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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 in the amount of $5,000.00 or one hundred percent (100%) of the specific contract work, whichever is higher, 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.

a. 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

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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 awarded 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-

RFB-2908 Generator Services Page 8 of 47 08/14/2026 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 certified 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 Owner 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#-2026023817) 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 https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt.To obtain the wage rate schedules on the DOL website.

Enter PRC# Listed above Click on Wage Schedule (on top center of screen under Business Services) Prevailing Wage information will be reviewed; as you scroll, wage rates will be listed for:

JOB DESCRIPTIONS.

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 he/she is not receiving the proper prevailing rate of wages and/or supplements for his/her particular job classification. The required notification will be provided with each wage schedule, may be downloaded from the website www.labor.ny.gov 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.

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt http://www.labor.ny.gov/

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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 Authorized Contract Users:

1. County Departments: All Chemung County Departments may utilize and purchase under any county centralized commodity and/or service contract let by the Chemung County Purchasing Department, unless the bid specifications limit purchases/services to specific departments or prohibit such participation.

2. Non-Chemung County Authorized Users: Chemung County may allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase commodities awarded as a result of this bid in accordance with the latest amendments to NYSGML 100 through 104.

3. Responsibility for Performance: Utilization of Chemung County service contracts by qualified non- County Agency Authorized Users is permitted upon the following conditions:

a. The responsibility with regard to performance of any contractual obligation, covenant, condition, or term there-under by any Authorized User other than County departments shall be borne and is expressly assumed by such Authorized User and not by the County.

b. A breach of the contract by any particular Authorized User shall neither constitute nor be deemed a breach of the contract as a whole which shall remain in full force and effect and shall not affect the validity of the contract nor the obligations of the Contractor there under respecting non-breaching Authorized Users, whether the County or otherwise.

c. For a breach by an Authorized User other than a County Department, The County specifically and expressly disclaims any and all liability for such breach.

d. PLEASE REFERENCE SECTION 1.05 (Contractor’s Insurance) AND SECTION 1.08 (Performance and Payment Bonds)

e. Each non-county agency Authorized User and Contractor guarantees to save the County, its officers, agents, and employees harmless from any liability that may be or is imposed by their failure to perform in accordance with its obligations under the contract.

1.25 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.

1.26 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

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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 that it is unlawful for any person to directly or indirectly cause or contribute to a violation of water quality standards.

1.27 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.

1.28 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.

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1.29 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.

RFB-2908 Generator Services Page 12 of 47 08/14/2026

1.30 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.

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

RFB-2908 Generator Services Page 13 of 47 08/14/2026

CHEMUNG COUNTY STANDARD INSURANCE REQUIREMENTS

Prior to commencement of work, delivery of services, acquisition of merchandise or equipment, a Certificate of Insurance and a policy endorsement covering items A, B & C must be delivered to the County Department responsible for the agreement, and to the County Attorney.

A Certificate of insurance may be used to show coverage only.

ITEMS:

A. Chemung County, 203 Lake Street, PO Box 588, Elmira, N.Y., 14902-0588 shall be named as an additional insured (for the purposes of coverage but not the payment of premium).

B. ACKNOWLEDGEMENT: The insurance companies providing coverage acknowledge that the named insured is entering into a contract with Chemung County in which the named insured agrees to defend, hold harmless, and indemnify the County, its officials, employees and agents against all claims resulting from work performed, material handled, and services rendered. The contractual liability coverage evidenced will cover the liability assumed under the County-Contractor agreement.

C. Prior to non-renewal, cancellation or a change of coverage on this policy, at least thirty (30) days advance written notice shall be given to

Chemung County Attorney at Chemung County Offices, 167 Lake Street, PO Box 588, Elmira, NY 14902-0588.

Workers' Compensation Coverage will be required for anyone doing any kind of work for Chemung County. This includes self-employed individuals. The Chemung County Attorney may waive this requirement. Proof of Workers’ Compensation Coverage must be submitted on NYS Workers’ Compensation Board Approved Forms.

MINIMUM COVERAGES AND LIMITS ARE

TYPE OF CONTRACT COVERAGES REQUIRED LIMITS REQUIRED

PROFESSIONAL SERVICES

PROFESSIONAL LIABILITY MINIMUM $1,000,000

GENERAL LIABILITY MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED, HIRED & NON-OWNED MINIMUM $1,000,000

WORKERS COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION

MAINTENANCE

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PREMISES & OPERATIONS

, PRODUCTS & COMPLETED OPERATIONS, INDEPENDENT CONTRACTOR,

CONTRACTUAL, BROAD FORM PROPERTY DAMAGE, (XCU HAZARDS)

$1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$1,000,000 per OCCURRENCE

$1,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED, HIRED, & NON-OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION

MAINTENANCE

FOR ELEVATED WORK

(ROOF,

BRIDGES, ETC.),

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PREMISES & OPERATIONS

$2,000,000 per OCCURRENCE

$3,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$2,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

AUTO LIABILITY TO INCLUDE: OWNED, HIRED, & NON-OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY STATUTORY

DISABILITY BENEFITS STATUTORY

CONSTRUCTION

MAINTENANCE

FOR LARGE (e.g.

DOT) PROJECTS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PREMISES & OPERATIONS

$1,000,000 per OCCURRENCE

$2,000,000 AGGREGATE

UMBRELLA EXCESS LIABILITY Unless stated otherwise in specifications, policy must have limits of not less than:

$5,000,000 per OCCURRENCE

$5,000,000 AGGREGATE

RFB-2908 Generator Services Page 14 of 47 08/14/2026

AUTO LIABILITY TO INCLUDE: OWNED, HIRED, & NON-OWNED COMBIND SINGLE

LIMIT$1,000,000

WORKERS' COMPENSATION STATUTORY

ACQUISITION OF SUPPLIES

OR EQUIPMENT

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PRODUCTS &

COMPLETED OPERATIONS, CONTRACTUAL, BROAD FORM PROPERTY

MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

COUNTY PROPERTY

USED BY OTHERS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PREMISES & OPERATIONS

CONTRACTUAL, PERSONAL INJURY, LIQUOR LEGAL LIABILITY

MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED, HIRED, & NON-OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

CONCESSIONAIRE

SERVICES LIVERY

SERVICES MUNICIPAL

AGREEMENTS

COMPREHENSIVE GENERAL LIABILITY TO INCLUDE: PREMISES &

OPERATIONS, PRODUCTS & COMPLETED OPERATIONS, INDEPENDENT

CONTRACTOR, CONTRACTUAL, PERSONAL INJURY, LIQUOR

MINIMUM $1,000,000

AUTO LIABILITY TO INCLUDE: OWNED, HIRED, & NON-OWNED MINIMUM $1,000,000

WORKERS' COMPENSATION STATUTORY

EMPLOYERS LIABILITY $100,000

DISABILITY BENEFITS STATUTORY

Bid specifications, particular contracts, leases or agreements may require increased limits and/or additional coverage. If there are questions, please contact the Chemung County Legal Department 607-737-2982.

RFB-2908 Generator Services Page 15 of 47 08/14/2026

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

Insurance Information

CONTACT

NAME:

PHONE

(A/C, No, Ext):

FAX

(A/C, No):

E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A :

INSURED

Vendor Name

Vendor Address

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE

ADDL

INSD

SUBR

WVD POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY

EACH OCCURRENCE $ 2,000,000

CLAIMS-MADE X OCCUR

DAMAGE TO RENTED

2,000,000

PREMISES (Ea occurrence)

X X MED EXP (Any one person) $ Excluded

PERSONAL & ADV INJURY $ 2,000,000

GEN'L AGGREGATE LIMIT APPLIES PER:

GENERAL AGGREGATE $

3,000,000

POLICY X PRO- X LOC

PRODUCTS - COMP/OP AGG $ 3,000,000

JECT

OTHER:

A AUTOMOBILE LIABILITY

X

X

COMBINED SINGLE LIMIT

(Ea accident) $ 1,000,000

X ANY AUTO BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY

SCHEDULED

AUTOS

NON-OWNED

AUTOS ONLY

BODILY INJURY (Per accident) $

PROPERTY DAMAGE

(Per accident) $

A X UMBRELLA LIAB

EXCESS LIAB

X OCCUR

CLAIMS-MADE X X

EACH OCCURRENCE $ 2,000,000

AGGREGATE $

2,000,000

DED X RETENTION $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

Y / N

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT $

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

N / A

E.L. DISEASE - EA EMPLOYEE $

If yes, describe under DESCRIPTION OF OPERATIONS below

E.L. DISEASE - POLICY LIMIT $

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

County of Chemung is listed as Additional Insured on a primary basis per policy terms and conditions. Waiver of Subrogation applies per policy terms and conditions. 30 Days' Notice of Cancellation applies, except for 10 days' notice of cancellation for non-payment of premium.

CERTIFICATE HOLDER CANCELLATION

The ACORD name and logo are registered marks of ACORD

County of Chemung PO Box 588 Elmira, NY 14902-0588

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

RFB-2908 Generator Services Page 16 of 47 08/14/2026

SECTION 1.02: TECHNICAL SPECIFICATIONS RFB-2908 GENERATOR SERVICES AND

EQUIPMENT INSPECTIONS

A. GENERAL CONDITIONS

1. Scope: The purpose of this bid is to establish a price for a service contract for preventative maintenance and service to generators at various locations within the County of Chemung.

2. Contract Term: The contract term shall be for a period ending one (1) year from the time of award or end of current contract. The contract may be extended for up to two (2) additional one (1) year terms and conditions, including bid prices, upon mutual agreement between the County of

Chemung and the successful bidders.

a. Short-term Extension: In the event a replacement contract has not been issued, this contract may be awarded hereunder by the County, and may be extended unilaterally by the County for an additional period of up to one month upon notice to the Contractor with the same terms and conditions as the original contract including , but not limited to, quantities (prorated for such one month extension), prices and delivery requirements. With the concurrence of the Contractor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

3. Award: Total bid will be awarded based on the lowest responsible responsive bid submitted.

When there is a discrepancy between unit price and total price, unit price shall prevail. It is understood by the parties that this agreement shall be executed only to the extent of the monies available to the County of Chemung. 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.

4. Contract Participation by Chemung County Departments and Political Sub-divisions: Please reference Section 1.24 – Authorized Contract Users.

Please reference the following bid document sections for information relating to contracting with

Chemung County and/or political sub-divisions of Chemung County:

a. SECTION 1.05 (Contractor’s Insurance)

b. SECTION 1.08 (Performance and Payment Bonds)

c. SECTION 1.