CONTRACT DOCUMENTS

TOWN OF CLAYTON

Depauville Wastewater System Improvements

Contract No. 1 – General Construction Work – Treatment Plant Renovations Contract No. 2 - General Construction Work – Collection System Rehabilitation Contract No. 3 – Electrical Construction Work

Prepared by: Prepared for:

ST LAWRENCE ENGINEERING, DPC TOWN OF CLAYTON

Project Engineer Tim Doney, Supervisor FOURTH COAST, INC 405 Riverside Drive Project Manager Clayton NY 13624 745 Graves Street Phone: 315/686.3512 Clayton NY 13624 Fax: 315/686.2651 Phone: 315/783.6384 Fax: 315/222.7454

February 2026

Bid Set

Table of Contents

TABLE OF CONTENTS

TOWN OF CLAYTON

Depauville Wastewater System Improvements

General Requirements

Advertisement for Bids Instructions to Bidders Bid Form Contract No. 1 – General Construction Work - Treatment Plant Renovations Bid Form Contract No. 2 – General Construction Work - Collection System Rehabilitation Bid Form Contract No. 3 – Electrical Construction Work Attachment EXHIBIT 4-1 (To be Completed and attached with Contractor’s BID) Attachment EXHIBIT 4-2 (Contractor acknowledges this requirement by attachment to BID) Attachment Section 3 Rider (Contractor acknowledges this requirement by attachment to BID) Bid Bond Qualifications Statement Notice of Award Agreement Between Owner and Contractor 240PR146-24 T. Clayton Section Participaction Plan Performance Bond Payment Bond Standard General Conditions of the Construction Contract Supplemental General Conditions (NYSHCR) Mandatory State Revolving Fund Terms and Conditions - 2025 NYS Wage Rates Davis Bacon Wage Rates NY9 and NY 22 29 CFR 5.5 – Contract Provisions and Related Matte Notice to Proceed Contractor’s Application for Payment Contract Change Order Contract Field Order Certificate of Substantial Completion

Technical Specifications:

Division 01 - General Requirements

SECTION 011000 Summary of the Work SECTION 012100 Allowances SECTION 012300 Alternates SECTION 013113 Project Schedule SECTION 013119 Project Meetings SECTION 013300 Submittals SECTION 013300.1 Submittal Transmittal Form SECTION 014100 Regulatory Requirements SECTION 014533-1 Special Inspection SECTION 015000 Construction Facilities and Temporary Controls SECTION 015526 Traffic Maintenance and Protection SECTION 015720 Temporary Maintenance of Sewer Flows and Sewer Service

SECTION 015800 NYS Environmental Facilities Corporation Financing Signage SECTION 015800.01 Project Signage (NYSHCR) Signage SECTION 015800.01a (NYSHCR) Master Spes & Sign Template SECTION 016500 Materials and Equipment SECTION 017123 Field Engineering SECTION 017329 Removals, Cutting, and Patching SECTION 017716 Contract Closeout

DIVISION 02 -- EXISTING CONDITIONS

SECTION 024119 Selective Demolition

Division 03 – Concrete

SECTION 031100 Concrete Formwork SECTION 032100 Steel Concrete Reinforcement SECTION 033000 Cast In Place Concrete SECTION 033001 Cast In Place Concrete for Water and/or WWTP

Division 06 – Wood, Plastics, & Composites SECTION 061000 Rough Carpentry SECTION 061753 Wood Trusses

Division 07 – Thermal and Moisture Protection SECTION 074113 Preformed Metal Roofing System SECTION 074623 Engineered Wood Siding

Division 26 – Electrical SECTION 260000 Basic Electrical Work SECTION 263213 Liquid Propane Gas Generator

Division 31 – Earthwork

SECTION 310000 Earthwork SECTION 310101 Site Restoration SECTION 312513 Erosion and Sediment Control

Division 32 – Exterior Improvements SECTION 321216 Asphalt Concrete Paving SECTION 321300 Concrete Walks SECTION 323113.1 Chain Link Fence Rehabilitation

Division 33 – Utilities SECTION 330130.81a Manhole Rehabilitation and Corrosion Protection

SECTION 333053 Manholes and Structures SECTION 333104 Plastic Pipe Sanitary

SECTION 333913.1 Wet Well Structures for Pump Stations With Frames & Access Doors

Division 40 – Process Interconnections SECTION 407114 Magnetic Flow Meter

Division 43 – Process Gas and Liquid Handling, Purification, and Storage Equipment SECTION 432610 Effluent Pump Station

Division 46 – Wastewater Equipment SECTION 465364 Post Aeration System SECTION 466664 Hallet UV Disinfection Equipment

END OF SECTION

EJCDC® C-111, Suggested Advertisement for Bids for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

TOWN OF CLAYTON

DEPAUVILLE WASTEWATER SYSTEM IMPROVEMENTS

CONTRACTS 1, 2 & 3

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the Town of Clayton - Depauville Wastewater System Improvements, Contract Nos. 1, 2, and 3 will be received by Town of Clayton at the office located at 405 Riverside Drive, Clayton New York, 13624 until 2:00 p.m. local time on Wednesday, _March 18___________, 2026, at which time the bids received will be publicly opened and read. The Project consists of the addition of disinfection and post aeration to the treatment process. This work includes piping sand filter to new effluent pumping station, the enclosure structure, effluent flowmeter, UV equipment, air blower system, post-aeration contact tank, misc. piping, new outfall/sampling manhole, outfall piping shoreline stabilization riprap work, concrete access sidewalk, asphalt driveway work, fence work, electrical work, , standby generator system, propane tank pad and associated items for a complete and operable treatment system. The project also includes the rehabilitation of the existing collection system including manhole access work and the cleaning and restoration of manhole interiors.

Separate Bids will be received for Contract No. 1 – General Construction Work – Treatment Plant Renovations, Contract No. 2 – General Construction Work– Collection System Rehabilitation, and Contract No. 3 - Electrical Construction Work.

This project is subject to all associated funding requirements, including all Build America, Buy America (BABA) and American Iron & Steel (AIS) provisions.

The Town of Clayton strongly encourages Minority and Women Owned Business Enterprises and Section 3 Firms to apply. The Contractor is encouraged to make good faith efforts to promote and assist in the participation of Service- Disabled Veteran-Owned Businesses (SDVOBs) in accordance with Article 17-B of the New York State Executive Law.

The NYS HCR terms and conditions packet, which includes detailed information on Section 3 Goals and other compliance requirements, is part of the bid documents and needs to be signed by the successful bidder along with the contract agreement. The Benchmark Goals that the Awardee, General Contractor, and their subrecipents and subcontractors (together, “Subs”) must make greatest extent feasible to meet are: 25% of Total Labor Hours on the Project worked by Section 3 Workers, including 5% of Total Labor Hours on the Project by Targeted Section 3 Workers.

The NYS EFC terms and condition packet, which includes detailed information on Goals and other compliance items regarding MWBE and SDVOB goals and AIS and wage requirements is part of these contracts.

The Issuing Office for the Bidding Documents is: Fourth Coast Inc., 745 Graves Street, Clayton, NY 13624; Contact plans@fourthcoast.com. Bidding Documents are available electronically (as portable document format (PDF) files) by emailing plans@fourthcoast.com. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from other sources.

Bidding Documents also be examined at Northern New York Builder’s Exchange, Inc., 22074 Fabco Road, Watertown, NY 13601 or Syracuse Builders’ Exchange 6543 Ridings Road, Syracuse, NY 13204; online at Northern New York Builder’s Exchange – www.nnybe.com Or Syracuse Builder’s Exchange – www.syrabex.com.

Bid security shall be furnished in accordance with the Instructions to Bidders.

A pre-bid conference will be held at 1:00 pm local time on Wednesday, March 4, _________, 2026, at the Town of Clayton, Depauville Treatment Plant located at 32333 Library Lane. Attendance at the pre-bid conference is encouraged but is not mandatory.

Owner: Town of Clayton

By: Megan Badour

Title: Town Clerk

Date: February 25, 2026

EJCDC® C-200 (Rev. 1), Instructions to Bidders for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

ARTICLE 1 – Defined Terms

ARTICLE 2 – Copies of Bidding Documents

ARTICLE 3 – Qualifications of Bidders

ARTICLE 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

ARTICLE 5 – Bidder’s Representations

ARTICLE 6 – Pre-Bid Conference

ARTICLE 7 – Interpretations and Addenda

ARTICLE 8 – Bid Security

ARTICLE 9 – Contract Times

ARTICLE 10 – Liquidated Damages

ARTICLE 11 – Substitute and “Or-Equal” Items

ARTICLE 12 – Subcontractors, Suppliers, and Others

ARTICLE 13 – Preparation of Bid

ARTICLE 14 – Basis of Bid

ARTICLE 15 – Submittal of Bid

ARTICLE 16 – Modification and Withdrawal of Bid

ARTICLE 17 – Opening of Bids

ARTICLE 18 – Bids to Remain Subject to Acceptance

ARTICLE 19 – Evaluation of Bids and Award of Contract

ARTICLE 20 – Bonds and Insurance

ARTICLE 21 – Signing of Agreement

ARTICLE 22 – Sales and Use Taxes

ARTICLE 23 – Wage Rate Requirements

ARTICLE 24 – State Laws And Regulations

ARTICLE 25 – Hazardous Wastes

ARTICLE 26 – Access To Facilities And Records

ARTICLE 27 – Provisions Regarding Assignment And Coneyance

ARTICLE 28 – Environmental Regulations

ARTICLE 29 – Hazardous Materials

ARTICLE 30 – Federal Requirements

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office – The office from which the Bidding Documents are to be issued.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in New York State.

B. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

3.02 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

4.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

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a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

c. reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

C. Adequacy of Data: Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, and shall not disturb any ongoing operations at the Site.

B. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site.

D. Bidder shall comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 schedule, access, existing operations, security, liability insurance, and applicable safety programs.

E. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

4.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. As the General Conditions indicate, if an Owner safety program exists, it will be noted in the Supplementary Conditions.

4.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

5.01 It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. agree, based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder;

I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work;

and

J. agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE-BID CONFERENCE

6.01 A pre-Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than three days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding.

Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding Documents.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and

6.02 of the General Conditions.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be substantially completed, and completed and ready for final payment, are set forth in the Agreement.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or- equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids in the case of a proposed substitute and 5 days prior in the case of a proposed “or-equal.” Each such request shall comply with the requirements of Paragraphs 7.04 and 7.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.04 and 7.05 of the General Conditions after the Effective Date of the Contract.

11.02 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or-equals” in accordance with the General Conditions.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If required by the bid documents the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the Work:

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

12.02 If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

12.04 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

12.05 The Contractor shall not award work to Subcontractor(s) in excess of limits stated in SC 7.06.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink.

Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

13.02 A Bid by a corporation shall be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown. The corporate seal shall be affixed and attested by the corporate secretary or an assistant corporate secretary.

13.03 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign.

The partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7

13.08 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.09 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to Town of Clayton, Attn: Tim Doney, 405 Riverside Drive, Clayton, NY 13624.

15.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01 and submit a new Bid prior to the date and time for the opening of Bids.

16.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

16.04 If in excess of $10,000 contains suitable provisions for termination by the Recipient, including the manner by which such termination shall be affected and the basis for settlement.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

17.02 This construction contract, if in excess of the most restrictive small purchase threshold (Federal/State/Local) contains contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances by which a contractor violates or breaches the contract terms and provides for such remedial actions as may be appropriate.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

19.02 If Owner awards the contract for the Work, such award shall be to the responsible Bidder submitting the lowest responsive Bid.

19.03 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

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B. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

19.04 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

20.02 Performance and Payment Bonds shall each be in an amount equal to one hundred percent (100%) of the contract price. Bonds shall be obtained from surety companies holding certificates of authority pursuant to 31 CFR Part 223

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

ARTICLE 22 – SALES AND USE TAXES

22.01 Owner is exempt from New York state sales and use taxes on materials and equipment to be incorporated in the Work. (Exemption No. 15-6000902). Said taxes shall not be included in the Bid. Refer to Paragraph SC-7.09 of the Supplementary Conditions for additional information.

ARTICLE 23 – WAGE RATE REQUIREMENTS

23.01 Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) –This construction contract(s), if awarded in excess of $100,000 is in compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 dangerous on federal and federally financed and assisted construction projects. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

A. Section 3 12 U.S.C. 1701u of The Housing and Community Development Act of 1968, as amended – This construction contract, if in excess of $200,000 is in compliance with Section 3 and the contractor shall include the clause set forth at 24 CFR 135.38 as provided in the Section 3 Rider.

23.02 Wage Rates: In accordance with Sections 220, Sub-division 3, and 220-D of the New York State Labor Law, there shall be paid each employee engaged in work on the project under this contract in the trades or occupations, not less than the prevailing rate set for the trade or occupation in which he is engaged.

23.03 In the event that Contractor wishes to employ occupations other than that listed in these specifications, he shall request the establishment of a rate for that occupation and they shall pay the rate so established. This payment shall be retroactive if applicable.

23.04 Wage Rate Redetermination:

New Wage Rates may be redetermined during the course of work under this contract by the New York State Department of Labor; Contractors shall use the redetermined Wage Rates when applicable and shall compensate for this increase in their bid proposal. The contract will not be changed nor will the Owner pay for any Wage Rate increase after the bid proposals have been submitted.

23.05 Federal wage rates are also required for the project in accordance with NYS HCR requirements.

ARTICLE 24 – STATE LAWS AND REGULATIONS

24.01 The Contractor and each and every subcontractor performing the work at the site of the project to which this contract relates shall comply with the applicable provisions of the “Labor Law”, as amended, of the State of New York, and all other applicable laws and regulations governing such activities.

24.02 Dust Hazards: If, in the construction of the work covered by the Contract, a harmful dust hazard is created for which appliances or methods for the elimination of the dust have been approved by the Board of Standards and Appeals, such appliances or methods shall be installed and maintained and effectively operated by the Contractor at his expense.

The Contract shall be void and of no effect unless the Contractor complies with the provisions of this subdivision of the Contract and Labor Law Section 222-a.

24.03 Worker's Compensation: This Contract shall be void and of no effect unless the person or corporation making or performing such contract shall secure compensation for the benefit of, and keep insured during the life of such contract, such employees, in compliance with the provision of the Worker's Compensation Law and General Municipal Law Section 108.

24.04 Lien Law: The attention of the Contractor is directed to the provisions of the Lien Law of the State of New York, whereby funds received by a contractor for a public improvement are declared to constitute trust funds in the hands of such contractor to be applied first to the payment of certain claims.

24.05 Delegated Design Requirements:

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A. Elements of the project requiring the performance of design services pursuant to Section

29.3 (b) of the Rules of the Board of Regents are specified in Section(s) 31 2316.13 of these Contract Documents.

B. Delegated design functions required by the Contract Documents shall be performed in accordance with Section 29.3 (b) of the Rules of the Board of Regents, by Design professionals currently licensed to practice the professions of professional engineering, architecture, landscape architecture, and land surveying [Section 29.3(b)(2)(iv) and 29.3(b)(3)(iii)].

C. The licensee who is to design the delegated item shall review thoroughly the criteria set forth in the Contract Documents to ensure a full understanding of the intent. Requests for clarification shall be in writing to the principal design firm. The delegated design shall be performed in accordance with the performance specifications and all parameters provided by the principal design firm [Section 29.3(b)(2)(iii)].

D. The provider of the delegated design services shall certify in a manner acceptable to St.

Lawrence Engineering DPC that the work has been performed in accordance with Section 29.3(b) and the prevailing standards of practice expected of licensed design professionals in New York State for projects of similar size and complexity [Section 29.3(b)(iv) and 29.3(b)(3)(iv)].

24.06 Certified Payrolls:

The November 9, 1997 guidelines set forth by the New York State Department of Labor regarding Certified Payrolls are as follows:

1. “Every contractor and sub-contractor shall submit to the department of jurisdiction within thirty days after issuance of its first payroll, and every thirty days thereafter, a transcript of the original payroll record, as provided by this article, subscribed and affirmed as true under penalties of perjury. The DEPARTMENT OF JURISDICTION shall be required to receive and maintain such payroll records. The original payrolls or transcripts shall be preserved for three years from the completion of the work on the awarded project.” Excerpted from “The Fair Contractor”.

24.07 OSHA 10-Hour Course:

This provision is an addition to the existing prevailing wage rate law, Labor Law 220, Section 220h. It requires that on all public work projects of at least $250,000.00, all laborers, workers and mechanics working on the site, be certified as having successfully completed the OSHA 10-hour construction safety and health course. It further requires that the advertised bids and contracts for every public work contract of at least $250,000.00 contain a provision of this requirement.

24.08 SWPPP Training Requirement

Each prime contractor and subcontractor must identify at least one trained individual from their company that will be responsible for implementation of the SWPPP. This trained individual must be onsite on a daily basis when soil disturbance activities are being performed. Contractor and subcontractor will be required to sign a Certification Statement and list trained individual(s) responsible for SWPPP implementation. A trained individual means an employee from a contracting (construction) firm that has received four (4) hours of training, which has been endorsed by the Department, from a Soil and Water Conservation District, CPESC, Inc., or other Department endorsed entity, in proper erosion and sediment control principles. After receiving the initial training, the trained individual shall receive four (4) hours of training every three (3) years. This individual will be responsible for implementation of the SWPPP.

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ARTICLE 25 – HAZARDOUS WASTES

25.01 It shall be the responsibility of all Contractors and subcontractors to strictly adhere to all Federal, State and Local Regulations pertaining to the use, transportation and disposal of hazardous wastes. These are to include, but not be limited to, the following:

A. Asbestos-containing materials

B. Contamination of the atmosphere

C. Contamination of soil surface or subsurface

D. Contamination of water or water courses

E. Contamination of objects or any other intangible matter

25.02 At the time of project close-out, each Contractor will be required to submit a post construction certification that they have complied with the requirements as outlined in the preceding paragraph 25.01.

ARTICLE 26 – ACCESS TO FACILITIES AND RECORDS

26.01 The Contractor(s) shall ensure that all government representatives have access wherever there is work in preparation or progress. The Contractor(s) shall provide proper facilities and records for access, inspection, and review.

26.02 The Contractor agrees that the Recipient, Subrecipient, the New York State Office of Community Renewal (OCR), the Housing Trust Fund Corporation (HTFC), the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific CDBG-funded project for the purpose of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to maintain such records for a period of not less than five (5) years after final payment under the contract.

ARTICLE 27 – PROVISIONS REGARDING ASSIGNMENT AND CONEYANCE

27.01 All Contractors and Bidders shall be prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of his bid, contract, award thereof, his right, title or interest therein or his power to execute such contract to any other person, corporation or other legal entity without the previous consent in writing of the Owner.

ARTICLE 28 – ENVIRONMENTAL REGULATIONS

28.01 All Contractors shall comply with all requirements of the Federal Clean Water, Clean Air, and Pollution Control Acts.

ARTICLE 29 – HAZARDOUS MATERIALS

29.01 It shall be the responsibility of all contractors and subcontractors to furnish materials free of hazardous materials including but not limited to lead, asbestos, PCBs, and any and all material deemed hazardous by the EPA.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.