RFB-352 PURCHASE OF ONE (1) 2025 NEW-UNUSED Tandem Roller-Final.pdf

Chemung County-City of Elmira Purchasing Department 150 Lake Street, P.O. Box 588

Elmira, NY 14901

PH: 607-737-3577 FX: 607-737-2073

Sealed Bids will be received in the CHEMUNG COUNTY–CITY OF ELMIRA PURCHASING DEPARTMENT, Third Floor, Room 308, 150 LAKE STREET, ELMIRA, NEW YORK until 1:45 P.M on August 26, 2025, where bids 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

This bid solicitation is on behalf of the City of Elmira. Bidders shall submit one (1) original and two (2) exact copies of the bid proposal IN A SEALED ENVELOPE ENTITLED:

RFB-352 PURCHASE OF ONE (1) 2025 NEW-UNUSED ARTICULATED TANDEM ROLLER

PLEASE TAKE NOTICE:

The Purchasing Department is closed between the hours 12:00 Noon to 1:00 P.M., The Purchasing Department receives one (1) mail delivery daily after 2:00 P.M.

Bids must be received in the Purchasing Department by 1:45 on the due date.

Faxed or electronic Bids will not be considered.

Each bid shall be accompanied by a deposit in the amount of Five Percent (5 %) of the Total Gross Sum Bid in the form of Certified Check, Bank Draft, or Bid Bond. Cash will not be acceptable as a deposit. Bid deposits of all unsuccessful bidders shall be returned promptly upon execution of the contract with the successful bidder.

Checks shall be made payable to THE CITY OF ELMIRA.

Attention of Bidders is particularly called to the requirements for ensuring that employees and applicants for employment are not discriminated against because of their age, race, creed, color, religion, sex, national origin, disability, marital status, military status, sexual orientation, predisposing genetic characteristics, familiar status or status as a victim of Domestic Violence.

The City encourages W-MBE participation.

Each Bidder submitting a Bid to the City shall execute and attach thereto, the Certification regarding Equal Employment Opportunity. Although the Bidder is not required to attach such Certification by proposed sub-contractors to his Bid, the Bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in sub-contract awards.

Contract documents can be obtained on or after August 5, 2025, online 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 our 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.

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.

CITY OF ELMIRA

By:_____________________________________

P. Michael Collins Date City Manager Advertised in Star Gazette: August 5, 2025 Advertised in the NYSCR: August 5, 2025 https://chemungcountyny.gov/1387/10436/Purchasing-Calendar http://www.empirestatebidsystem.comh/

***ATTENTION***

*** PURCHASING DEPARTMENT RELOCATION ***

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

1• 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.

GENERAL INSTRUCTIONS TO BIDDERS

PREPARATION OF BIDS: Each person making a Bid:

1. Certifies that they have fully informed themselves of the contents of the Bidding Documents by their personal examination of the documents;

2. Certifies that they have not relied on any estimates, or any representations made by the City, its agents, servants or employees with respect to the work to be performed or the material to be supplied under the Bidding Documents; and

3. Agrees that they will not make against the City, its agents, servants, or employees, any claim based upon the lack of such information or the existence of such reliance.

The bidder shall submit one (1) original and two (2) exact copies of the completed Bid documents. Each set of Bidding Documents should contain:

1. A Title Page (same as advertisement page)

2. The Advertisement for Bids

3. The Non-Collusive Bidding Certificate

4. The Waiver of Immunity

5. General Instructions to Bidders

6. General Specifications

7. Form for Submission of Bid

8. Bid Security

9. Certification Regarding Equal Employment Opportunity

10. Certification Regarding Iranian Divestment

11. Bidder’s Certification on Sexual Harassment

12. Corporate Resolution

Each person submitting a Bid shall set forth in the space provided at the end of the Form for Submission of Bid:

1. Name, title, and e-mail of person preparing bid

2. Business address, telephone and fax numbers of bidder

3. Signature

4. The name of the person, firm, or corporation on whose behalf the Bid is being made (if any)

5. The business address and telephone number of such person, firm, or corporation

6. The date

Each person submitting a Bid shall submit one (1) original and two (2) exact copies of the following completed and signed Bid document forms:

• Non-Collusive Bidding Certificate

• Waiver of Immunity

• Certificate Regarding Equal Employment Opportunity

• Certificate Regarding Iranian Divestment

• Bidder’s Certification on Sexual Harassment

• Form for Submission of Bid

• All Documentation Required by the Specifications

Each price shall be typewritten, or written in ink, in words and in figures. Labeled spaces are provided for this purpose in the Form for Submission of Bid. In the event that the price stated in words is not the same as the price stated in figures, the price stated in words shall be binding. All prices quoted shall exclude all Federal, State, and Municipal taxes.

Each Bid must be accompanied by an acceptable Bid Security in the amount of Five Percent (5%) of the Total Gross Sum Bid. Cash is not acceptable as such security. The security must be payable to the City of Elmira.

The security is to ensure that the Bidder, if successful, will:

(1.) Enter into a written Contract with the City, which contract will provide that the Bidder and the City are to perform according to the terms and conditions set forth in the Bidding Documents; and

(2.) Furnish a Supply Contract Bond for the faithful performance of said Contract for the full amount of the contract.

If the successful Bidder fails or omits to execute the Contract or to furnish the Bond by 5:00 P.M. on the Monday following the award of the Contract by the City Council, the security shall be forfeited to the City. Bid securities of all successful bidders will be returned promptly after the execution of the contract.

Each bid shall be delivered to the CHEMUNG COUNTY – CITY OF ELMIRA PURCHASING DEPARTMENT, Third Floor, Room 308, 150 LAKE STREET, ELMIRA, NY, 14901 between the hours of 9:00 A.M. and 12:00 Noon and 1:00 P.M. and 4:00 P.M., enclosed in an opaque, sealed envelope clearly labeled with the name of the bidder and the title of the proposal as taken from the title page of the bidding documents.

The Contract between the City and the successful bidder shall be deemed executory only to the extent of the monies actually appropriated and available for the purpose of the contract, and no liability on account therefor shall be incurred beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of the contract.

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

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).”

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

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

October 2019

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Page 2 October 2019

TABLE OF CONTENTS

Page

1. Executory Clause 3

2. Non-Assignment Clause 3

3. Comptroller’s Approval 3

4. Workers’ Compensation Benefits 3

5. Non-Discrimination Requirements 3

6. Wage and Hours Provisions 3-4

7. Non-Collusive Bidding Certification 4

8. International Boycott Prohibition 4

9. Set-Off Rights 4

10. Records 4

11. Identifying Information and Privacy Notification 4

12. Equal Employment Opportunities For Minorities and Women 4-5

13. Conflicting Terms 5

14. Governing Law 5

15. Late Payment 5

16. No Arbitration 5

17. Service of Process 5

18. Prohibition on Purchase of Tropical Hardwoods 5-6

19. MacBride Fair Employment Principles 6

20. Omnibus Procurement Act of 1992 6

21. Reciprocity and Sanctions Provisions 6

22. Compliance with Breach Notification and Data Security Laws 6

23. Compliance with Consultant Disclosure Law 6

24. Procurement Lobbying 7

25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7

State Contractors, Affiliates and Subcontractors

26. Iran Divestment Act 7

27. Admissibility of Contract 7

Page 3 October 2019

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office.

Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law § 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract.

4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the

Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law.

Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work;

or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-

Page 4 October 2019 a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or

(iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law.

Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of

Page 5 October 2019

$25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract;

or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict.

Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by

Page 6 October 2019 any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: 518-292-5100 Fax: 518-292-5884 email: opa@esd.ny.gov

A directory of certified minority- and women-owned business enterprises is available from:

NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 212-803-2414 email: mwbecertification@esd.ny.gov https://ny.newnycontracts.com/FrontEnd/VendorSearchPu blic.asp

The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n)–(p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority- and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS PROVISIONS.

Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) ) require that they be denied contracts which they would otherwise obtain.

NOTE: As of October 2019, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii.

22. COMPLIANCE WITH BREACH NOTIFICATION

AND DATA SECURITY LAWS. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law § 899-aa and State Technology Law § 208) and commencing March 21, 2020 shall also comply with General Business Law § 899-bb.

23. COMPLIANCE WITH CONSULTANT

DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller.

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24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law §§ 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.

25. CERTIFICATION OF REGISTRATION TO

COLLECT SALES AND COMPENSATING USE TAX BY

CERTAIN STATE CONTRACTORS, AFFILIATES AND

SUBCONTRACTORS.

To the extent this agreement is a contract as defined by Tax Law § 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State.

26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: https://ogs.ny.gov/list-entities-determined-be-non-responsive-biddersofferers-pursuant-nys-iran-divestment-act-2012

Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.

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

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

27. ADMISSIBILITY OF REPRODUCTION OF

CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence.

BID OPENING AND AWARD:

All Bids will be opened and read at the time and place specified in the Advertisement for Bids. The City Manager may, in his/her discretion:

1. Permit a Bidder to withdraw his bid, if a written request to withdraw the bid is received by the City Manager prior to the time set for the Bid Opening; or

2. Reject any Bid which lacks prices on all items included in the proposal, or which in any other way is incomplete.

3. Require the apparent low bidder(s) to furnish evidence, including documentary evidence where deemed necessary, to establish proof of financial responsibility and ability to perform the contract, if awarded.

THE CITY OF ELMIRA RESERVES THE RIGHT:

1. To reject any and all Bids if in its opinion the best interest of the City will be promoted thereby.

2. Where the Form for Submission of Bid invites prices on more than one item, to consider the prices upon the various items as separable bids, and to award to any responsible bidder only those items for which it has submitted the lowest responsive bid.

3. To conduct investigations as to the qualifications and financial position of the apparent low bidder(s), to the fullest extent allowed by law. The City, in its sole discretion, shall determine the financial and professional adequacy of bidder(s).

4. To require evidence of professional and financial competency from the bidders submitting the three lowest responsive bids. Such evidence may include, but is not limited to, the following:

a. Proof of the required number of qualifying years of business experience and / or number of projects supplying and delivering the contract items.

b. Key personnel that would manage the supply and delivery of the contract items and be available to manage the City’s account.

c. A sworn statement as to whether the bidder has ever failed to complete a contract or defaulted on a contract, whether the bidder has ever had a claim(s) submitted on any performance bond, payment bond, or supply bond posted by the bidder, and whether there are any recorded judgements against the bidder or any predecessor of the bidder within the last seven (7) years.

d. The corporate name and address of the bidder’s principal business office for each of the last five (5) years.

e. A confidential statement or report of the bidder’s financial resources and liabilities for the last three (3) calendar or fiscal years immediately preceding the current year. At the time of submitting such financial statements or reports, the bidder shall further certify whether his financial responsibility is approximately the same as stated in his financial statement(s). If the bidder’s financial responsibility has changed, the bidder shall qualify the financial statement or report to reflect his (bidder’s) true financial condition at the time such qualified statement or report is submitted to the City.

f. A statement of all bonding companies used during the last five (5) years.

BID ACCEPTANCE AND AWARD; CONTRACT EXECUTION, PROGRESS, AND PAYMENT:

1. Bid acceptance and award to the lowest responsible Bidder by the City Council will be made as soon as practicable after the Bid Opening. The lowest bid shall be determined on the basis of the Base Bid or the Base Bid plus all options, if any, selected by the City.

a. Apprenticeship Programs: If the City receives identical bids from two or more bidders, the City will give preference to the bidder, if any, participating in one or more New York State Certified Apprenticeship Programs.

2. Following the award by the City Council, a contract providing that the bidder and the City are to perform according to the terms, conditions, and specifications set forth in the Bidding Documents will be prepared by the Corporation Counsel for execution by both parties on or before 5:00 P.M. on the Monday following the award.

3. At or before the time of execution of the contract, the successful bidder will be required to furnish a Supply Contract Bond in the full amount of the contract conditioned upon the faithful delivery of the supplies in a manner satisfactory to the City Manager. The bond must be approved by the Corporation Counsel.

4. The successful bidder's failure or refusal to execute the contract or to furnish the bond will cause the bid security to be forfeited to the City.

5. Payment by the City will be made in the manner set forth in the specifications portion of the Bidding Documents. (Reference Section 9 below)

6. All bidders shall please take note that the City is a municipal corporation and exempt from all sales tax.

7. The City reserves the right to reject any and all bids and to waive technicalities.

8. Anytime a specification refers to a specific brand name, model, material, etc., it means that item or an item equal thereto.

9. Pre-payments: Pre-payments may be made at the sole discretion of the City and in amounts equal only to the amount then due and owing to sub-contractors.

10. Non-Contract Materials: Any materials not provided for in the awarded contract or written change order thereto is excluded from this contract, and the City shall not be liable to the contractor for any cost, expense, or disbursement incurred by the contractor under the terms of this contract for such materials.

11. In carrying out any of the contract provisions or in exercising any power of authority granted to any City representative by this contract, there shall be no liability upon such City representatives, either personally or as an officer or representative of the City. It is understood and agreed that in all such matters, said City representatives act solely as agents and representatives of the City.

12. The City shall not be liable to the contractor for any cost, expense, or disbursement incurred by the Contractor for the supply of any non-bid items or services, unless an official City Purchase Order is issued to the contractor for such items or services.

13. It is specifically agreed by and between the parties hereto, that no provisions of this contract are intended to create any third party beneficiary, (including any third party status in any subcontractor) nor to authorize anyone not a party to the contract to maintain a suit for personal injury or property damage under the terms or provisions of this contract.

14. Default and Termination of Contract: The contractor shall be considered in default of his contract and such default will be considered as cause for the City to terminate the contract for any of the following reasons:

a. Fails to comply with any term or condition of the contract,

b. Fails to provide contract materials, supplies, or services (including delivery time) compliant with the specifications,

c. Supplies unsuitable materials / goods or neglects or refuses to remove materials /goods or to deliver anew such materials/ goods as may be rejected as unacceptable and unsuitable,

d. Discontinues the delivery of materials / goods,

e. Becomes insolvent, voluntarily or involuntarily files for bankruptcy, or commits any act of bankruptcy or insolvency,

f. Allows any final judgment to stand against him unsatisfied for a period of ten (10) days or more,

g. Makes an assignment for the benefit of creditors,

h. Fails to timely pay employees, subcontractors, and or suppliers of materials or purchased services, or

i. For any cause whatsoever, fails to provide the materials in an acceptable manner.

Should the City deem the contractor in default of the contract for any reason, it shall give written notice to the contractor and the contractor's surety as to the reasons for considering the contractor in default and the City’s intentions to terminate the contract.

If the City terminates the contract, the City may appropriate or use any or all materials or goods that have been delivered and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof or use such other methods as in the opinion of the City will be required for the…