NFWB – CHEMICALS FOR MUNICIPAL WATER AND WASTE-WATER TREATMENT FACILITIES

BID #W2026-02

REQUEST FOR SEALED BIDS:

CHEMICALS FOR MUNICIPAL

WATER AND WASTE-WATER TREATMENT FACILITIES

Notice is hereby given that sealed submissions will be received for the purchase of Chemicals for Municipal Water and Waste Water Treatment Facilities.

OPENING DATE and TIME: NOVEMBER 10TH at 2:00 PM (EST)

LOCATION: Submissions, subject to the terms, conditions and specifications herein, will be received by the City of Niagara Falls Purchasing Division, on behalf of the Niagara Falls Water Board, at City Hall, 745 Main Street, Niagara Falls, NY 14301 and duly recorded.

Table of Contents

SPECIFICATIONS

ATTACHMENT A: PRICING SHEET (PAGE 1 OF 2)

ATTACHMENT B: BIDDERS CHECKLIST

ATTACHMENT C: VENDOR DATA SHEET / REFERENCES

VENDOR REGISTRATION FORM

APPENDIX A

APPENDIX B

ASSIGNMENT OF CLAIM

APPENDIX C

NON-SUBMISSION CERTIFICATE

The City of Niagara Falls Purchasing Division is accepting sealed submissions for the purchase of Municipal Water and Wastewater Treatment Plant Chemicals on behalf of the Niagara Falls Water Board (NFWB). All submissions received, will be publicly opened and read aloud by the Purchasing Division at City Hall on the date and time as shown below:

Time Date

2:00 PM. TUESDAY

NOVEMBER 10, 2026

FOR: PURCHASE OF CHEMICALS FOR MUNICIPAL

WATER AND WASTE-WATER TREATMENT FACILITIES

In accordance with the specifications on file, the Niagara Falls Water Board reserves the right to reject any and all submissions and waive any informality.

One (1) original hard copy submission and one (1) electronic copy on a USB/thumb drive shall be submitted to:

CITY OF NIAGARA FALLS, NEW YORK

DIVISION OF PURCHASING

City Hall, Room 214 745 Main Street Niagara Falls, NY 14301

BIDS SUBMITTED BY FACSIMILE OR ELECTRONIC MEANS ARE

UNACCEPTABLE

All bids are subject to delivery and must comply with the delivery specifications contained herein.

If a bid is submitted on an article intended as a substitute for a grade or brand specified, the vendor shall state the grade or brand of the substitution, otherwise it will be assumed that the bid is based upon the grade or brand specified.

The Board reserves the right to accept this bid by items, or as a whole, or to reject any and all bids or waive informalities.

Bid prices are to be shown NET. Cash discounts, if any, are to be clearly stated.

Prices must be filled in mechanically or in ink on this form and placed in a SEALED ENVELOPE CLEARLY MARKED WITH THE BID NUMBER (Bid #W2026-02), DESCRIPTION AND THE NAME OF THE VENDOR

SUBMITTING THE BID.

Any and all bids and contracts made or awarded by the Board, or any department, agency or official thereof for work or services performed or to be performed, or goods purchased or sold or to be purchased or sold are made subject to the provisions of Chapter 861 of the Laws of New York, 1953, as amended by Chapter 751 of the Laws of New York, and as now contained or may hereafter be amended. The provisions of the New York State General Municipal Law, including Sections 103a and 103b, are applicable to this bid.

VENDOR’S ATTENTION IS REQUESTED REGARDING THE FOLLOWING CONDITIONS AND

REGULATIONS. BIDS NOT IN COMPLIANCE WITH THE CONDITIONS AND REGULATIONS CONTAINED

HEREIN WILL NOT BE CONSIDERED

The total number of pages contained in this package should be forty-two (42). If any pages are missing, please contact the Purchasing Division.

NFWB 2027 CHEMICALS FOR MUNICIPAL WATER AND WASTEWATER TREATMENT

FACILITIES

VENDOR NAME:

VENDOR ADDRESS:

CONTACT PERSON FOR QUESTIONS REGARDING BID:

CONTACT PERSON’S TELEPHONE NUMBER:

CONTACT PERSON’S EMAIL ADDRESS:

AUTHORIZED SIGNATURE:

NAME AND TITLE (please print):

DATE: __________________________________________________________________________

MAIL BIDS TO:

NIAGARA FALLS WATER BOARD

C/O PURCHASING DIVISION, ROOM 214

745 MAIN STREET

NIAGARA FALLS, NEW YORK 14301

DELIVER BIDS TO:

NIAGARA FALLS WATER BOARD

C/O PURCHASING DIVISION, ROOM 214

745 MAIN STREET

NIAGARA FALLS, NEW YORK 14301

SPECIFICATIONS

1. Sealed bids will be received by the City of Niagara Falls Purchasing Division on behalf of the

Niagara Falls Water Board (“Board”) at 745 Main Street, Niagara Falls, New York 14301, Room 214 until 2:00 P,M. on November 10th, 2026, for the purchase of chemicals for municipal water and wastewater treatment facilities as described herein and opened at that time.

2. The quantity listed is on a more or less basis, based on historical usage amounts and estimates for usage over the next calendar year. There is not a guarantee of any minimum or maximum amount to be ordered. The Board reserves the right to order based solely on its need.

3. Bid prices are to be firm for the time period of January 1, 2027, through December 31, 2027.

4. Bid price is to be F.O.B. destination, freight prepaid to the locations set forth in Paragraph 21 herein.

5. Delivery is required within four (4) calendar days after receipt of the order unless otherwise noted herein. Delivery hours at the Wastewater treatment plant are 24 hours per day, and delivery hours at the Water treatment plant are 7:00 a.m. to 3:00 p.m. Monday through Friday.

6. Chemicals must be delivered in dedicated tankers used exclusively for the product being delivered to maintain the integrity and priority of the product.

7. Seal numbers and a legible copy of the truck driver’s license containing his/her photo must be e-mailed or faxed prior to arrival of any delivery.

8. Re-weigh tickets (weight after delivery) must be provided within 24 hours of delivery for bulk tank deliveries. (NOTE: Chlorine tonners are exempt from this requirement.)

9. The vendor must provide all Safety Data Sheets (SDS) for the product(s) they are providing.

10. The vendor, upon request, must provide safe handling training for the product(s) they are providing.

11. For Item #1 on the attached price sheet, be advised that all chlorine shall be delivered in one-ton cylinders and must meet the AWWA B301-92 standard or the latest standard from the AWWA and be certified to ANSI/NSF Standard 60 for water treatment use. No cylinder deposit charges will be paid. Cylinders must be delivered on flatbed trucks. Contractor must provide gaskets for safe and direct connection of the cylinders to the permanent feed line available for gaseous chlorination. All containers must contain a new, intact seal, have clearly defined tare weights and serial numbers on the tanks as well as a new, legible paper tag attached to container.

12. For Item #2 on the attached price sheet, the solution of ferric chloride must be a minimum 28% and maximum 38% solution. Ferric Chloride must meet AWWA B407-93 standard or the latest standard from the AWWA. Bid price is to be based on anhydrous ferric chloride content when delivered. Deliveries will be in tank trucks.

13. For Item #3 on the attached price sheet, the solution of hydrofluorosilicic acid shall be a minimum 23% solution in 4,000 gallon lots. Deliveries will be in tank trucks dedicated exclusively for the shipment of hydrofluorosilicic acid. Hydrofluorosilicic acid must meet the AWWA B703-94 standard or the latest standard from the AWWA and be certified pursuant to ANSI/NSF Standard 60 for water treatment use. The supplier’s truck must be equipped with a 2” quick connect fitting and with pumping equipment (and air blow-off valve) capable of pumping the acid from their truck directly to the customer’s tank which may be as much as thirty feet high. A certified analysis stating the percent by weight of the product delivered and the bill of lading shall be provided for each load.

14. For Item #4 on the attached price sheet, the solution of Sodium Hypochlorite shall be commercial grade containing 12% - 16% available chlorine, delivered in tank trucks. The Waste-Water Treatment Plant generally places a standing order for one (1) to two (2) tanker truckloads delivered daily and will coordinate exact delivery times and quantities with supplier.

During periods of high demand one or more additional truckloads may be required to be delivered on twelve (12) hours notice. Sodium Hypochlorite deliveries are accepted at the Waste-Water Treatment Plant 24 hours per day.

15. For Item #5 on the attached price sheet: the NFWB has elected not to solicit Hydrogen

Peroxide (H2O2) bids for the 2026 calendar year at this time.

16. For Item #6 on the attached price sheet, the Granular High Calcium Quicklime shall meet the following specifications:

Chemicals must be transported in dedicated trailers and shall be pneumatically conveyed into lime silos via an onboard blower. A pipe connection is available for this purpose, and the delivery vehicle must be capable of conveying the high calcium quicklime through the conveyance piping to the top of the silo where it will be deposited into the silo. A baghouse is available atop each silo and will be activated by the Board prior to the start of the transfer operation. The Board has two silos, each of which has an approximate volume of one thousand (1,000) cubic feet, with a maximum weight capacity of twenty-five (25) tons each.

The Board’s chemical feed facilities cannot utilize a powdered lime product, and the required material is to be free of lumps or foreign matter which might interfere with the same. It shall also meet the following properties:

Physical Properties

Packaging: Bulk Particle Size: ¼” by 10 mesh particle size, PREFERRED* Smaller than 10 mesh: <10% (at loading point)

Loose Bulk Density: 50-55 pounds per cubic foot Packed Bulk Density: 55-60 pounds per cubic foot

*1/2” by 10 mesh particle size may be bid as an alternate to bid line item 6(a)

Chemical Properties

Available Lime: >96% Total Sulfur: <0.03% Calcium Oxide: >96% Silica (SiO2): <0.75% Magnesium Oxide: <1.5% Ferric Oxide (Fe2O3): <0.15% Carbon Dioxide: <0.3% Alumina (Al2O3): <0.15%

Sampling, if desired, shall be conducted as described in American Water Works Association (AWWA) Standard B202-65, Part B, or the most recent AWWA Standard. A retained sample of each lot shipped shall be delivered to the Niagara Falls Waste-Water Treatment Plant with each shipment.

The laboratory examination shall be carried out in accordance with Part C of the AWWA Standard B202-65, or the most recent AWWA standard.

Notice of dissatisfaction with a shipment of material, because of failure to meet the requirements of this specification, must be in the hands of the vendor within ten (10) days after receipt of the shipment at the point of destination. If the material does not meet the requirements of these standards, the vendor may remove the material from the premises of the purchaser, or a price adjustment may be agreed upon by the vendor and the purchaser.

17. For Item #7 on the attached price sheet, the Poly-Orthophosphate shall meet the following specifications:

The product must be certified pursuant to ANSI/NSF Standard 60 for water use. The product must contain 18% Polyphosphate and 18% Orthophosphate for a total PO4 concentration of 36%.

The product must function as a corrosion inhibitor in potable water treatment and must be a clear liquid which does not precipitate out during normal handling and storage. It shall have the capability of minimizing corrosion without causing any deleterious effects to the drinking water supply when utilized in accordance with the manufacturer’s recommendations.

The product must have a successful history of use in municipalities of similar water characteristics. Vendors quoting a price for this product shall provide a list of three municipalities with contact names and telephone numbers where the product quoted has had a successful history of use.

18. For Item #8 on the attached price sheet, the Polyaluminum Chloride shall meet the following specifications:

SCOPE AND CERTIFICATION: Furnish and deliver polyaluminum chloride with a 50% basicity that meets both criteria below:

A. The product must be certified by the National Sanitation Foundation under Standard 60 - Drinking Water Treatment Chemicals - Health Effects.

B. A Designation of “no Objection to Use” by the United States Environmental Protection Agency (USEPA) for treatment of potable water. The product is identified in the USEPA Water Chemicals Codex as NAS/CWTC 044-84.

IMPURITIES: In addition to the specifications listed above, vendor(s) shall ensure that polyaluminum chloride solution does not contain other matter above limits which may be considered injurious to health. In particular:

A. The product shall not contain any amount of natural or synthetic organic polymer.

B. The product shall not contain concentrations of regulated metals exceeding limits as determined by NSF under Standard 60. These limits are based on no more than 10% contribution to the regulated metal concentration limit in the finished water (assuming complete transport of the regulated metal from the product to the water) based on maximum allowable regulated metal concentrations as set by the USEPA in the National Primary Drinking Water Standards and the maximum allowable dosage of the product as determined by NSF during the original product certification process. For more information, see NSF Standard 60, Section 3.0.1 and Appendix E.

PERFORMANCE: The product must have demonstrated ability to perform effectively at all turbidity ranges, all temperature ranges and at pH ranging between 6.0 and 10.0.

DELIVERY: Deliveries will be by bulk tanker in quantities requested. The truck is to be equipped with pumping equipment, hoses, hose connections and an air blow-off valve to unload into storage tanks.

PRODUCT EVALUATION: Bids will only be accepted from bidders determined to be qualified, based on in-plant testing of the proposed product. Contact Robert Rowe at (716) 283-9770 ext. 7771 and/or Jordan Boyd at ext. 7741 for product evaluation. Pre-Qualification prior to submitting a bid is highly encouraged. The product shall have been evaluated at the water treatment plant through jar testing. In each case a full report and conclusion must have been made to the Board. The Board reserves the right to disqualify the product if performance during jar testing does not meet quality standards or fails to perform to the satisfaction of the Board’s staff. The vendor(s) and Board’s staff shall agree to the requirements that must be met prior to any testing.

19. GENERAL REQUIREMENTS OF THE BOARD FOR VENDORS:

A. All chemicals shall be delivered to the Board’s facilities in quantities directed by the Board. All pumps, hoses, hose connections and an air blow-off valve shall be supplied by the successful bidder for proper hookup to Niagara Falls Water Board equipment, so that all deliveries may be unloaded into the Board's storage facilities with a maximum of safety.

B. All Chemicals for delivery to the Water Treatment Plant (Nos. 1, 3, 7, and 8) shall meet the applicable specifications of the American Water Works Association (AWWA) for use in the treatment of potable water unless otherwise modified herein.

C. All Chemicals for delivery to the Water Treatment Plant (Nos. 1, 3, 7, and 8) shall be certified pursuant to National Sanitation Foundation (NSF) standard 60 Drinking Water Treatment Chemicals. Certification is to be provided.

D. All vendor submitted unit prices must include unit, i.e. bid price per gallon, wet ton, dry ton, etc.

20. ADDITIONAL DELIVERY REQUIREMENTS:

Vendors submitting pricing pursuant to this offering acknowledge that the items set forth herein are essential to the Board’s water and wastewater operations, and thus a vital public health and welfare concern. As such, vendors submitting bids hereunder shall guarantee delivery of products ordered within the time frames set forth in the various paragraphs above.

Failure to deliver an ordered item within the time frames set forth in said paragraphs may result in termination of the vendor’s contract/agreement. In the event of such a default, the Board shall have the right to seek an alternate supplier for the item, and vendor shall be responsible for all costs, including shipping or delivery costs, for the procurement of the item(s) from the alternate supplier that are above and beyond the price vendor quoted herein.

21. DELIVERY LOCATIONS:

Wastewater Treatment Plant Water Treatment Plant 1201 Buffalo Avenue 5815 Buffalo Avenue Niagara Falls, New York 14303 Niagara Falls, New York 14304 (Items #2, #4, #5 and #6) (Items #1, #3, #7 and #8)

22. Failure to supply any requested information, or to submit prices for all items may cause a submission to be considered informal or result in a vendor being declared non-responsible.

23. Vendors shall note there are three (3) appendices attached to these specifications. Vendors must complete all the documents contained in said exhibits and provide all materials which meet the requirements set forth therein, including but not limited to, a certificate of insurance meeting the Niagara Falls Water Board Standard Insurance Requirements, which must be provided by the successful bidder(s) after award of the bid.

24. Vendors may deliver bid packages via USPS, UPS, FedEx or a similar delivery service. Please note that those deliveries must still be received by the Purchasing Division no later than the scheduled time set forth on the first page of this package. Vendors who are unable to utilize a delivery service may call 716-286-4371 and make an appointment to drop off a package to a member of the Purchasing Division staff at the main entrance door to City Hall. Calls to schedule an appointment should be made no later than 3:00 p.m. the day before the scheduled bid opening. Neither the Purchasing Division nor the Niagara Falls Water Board shall be responsible for the late arrival of bid packages due to delivery failure or failure to schedule an appointment.

25. Questions regarding the specifications may be directed as follows:

Water Treatment Facility Contact – Chief Operator Rob Rowe at 716-299-7771 (office) or rrowe@nfwb.org.

Waste-Water Treatment Facility Contact – Chief Operator Dennis Kirkland at 716-299- 7801 (office); 716-904-3441 (cell) or ggolembek@nfwb.org

Purchasing Division Contact - Purchasing Agent Craig Hooftallen at (716) 310-7547 or craig.hooftallen@niagarafallsny.gov.

ATTACHMENT A: PRICING SHEET (PAGE 1 OF 2)

ITEM

NO.

ESTIMATED

QUANTITY

SIZE /

UNIT

ITEM NAME

UNIT PRICE AND

SIZE/UNIT

1 72

ONE TON

CYLINDERS

CHLORINE

2 340,000 DRY TONS FERRIC CHLORIDE

3 80 WET TONS HYDROFLUOROSILICIC ACID

4 2,000,000 GALLONS SODIUM HYPOCHLORITE

5 N/A GALLONS HYDROGEN PEROXIDE N/A for 2026 Calendar Year

6 850 TONS

GRANULAR HIGH CALCIUM

QUICKLIME – ¼” by 10 mesh

6(a) 850 TONS Alternate for GRANULAR HIGH

CALCIUM QUICKLIME - ½” by 10 mesh

7 20 TONS POLY-ORTHOPHOSPHATE

8 700 WET TONS POLYALUMINUM CHLORIDE

NOTES:_________________________________________________________________________________

“Attachment A” Pricing Sheet is continued on next page

ATTACHMENT A: PRICING SHEET (PAGE 2 OF 2)

Company Date

Authorized Signature Title

E-mail

ATTACHMENT B: BIDDERS CHECKLIST

Request for Quote–

(MANDATORY – Failure to complete this form could result in disqualification)

Action – must check all lines

Section Reference

Description Comply Do not Comply

The Bidder shall possess the ability to comply with all aspects of the specifications and requirements.

Attachment A Attachment A: Pricing Sheet has been printed, signed, and submitted with your proposal.

Attachment C Vendor Data / Reference sheet has been completed and included with your submission.

Forms Submit Required forms: W-9, Vendor Registration Form, Vendors Certification and Assignment of Claim, Affidavit of Non-Collusive Submission Certification, Certification of Compliance with the Iran Divestment Act, and the Non-Submission Certificate(if applicable)

Company Date

Authorized Signature Title

E-mail

ATTACHMENT C: VENDOR DATA SHEET / REFERENCES

(Mandatory – Please include with your Bid submission)

Please complete the information requested below. Failure to complete all information requested below, illegible or incomplete information may result in disqualification of your Bid.

BIDDER/CONTRACTOR PRIMARY CONTACT:

Name: ____________________________ Phone: ______________________

Email: ____________________________

Years in Business: Indicate the length of time you have been in business providing these services:

___________ Years __________ Months

REFERENCES:

Please provide information for three (3) current or recent accounts, either commercial or governmental that your company is servicing, or has serviced of similar scope. If you would like to attach additional references, please include them on separate sheets attached to your submission.

1. Company: _____________________________ Dates of Service: _____________________

Contact: _____________________________ Title: ____________________________

Phone: ________________ Email: _________________________________

2. Company: _____________________________ Dates of Service: _____________________

3. Company: _____________________________ Dates of Service: _____________________

VENDOR REGISTRATION FORM

City of Niagara Falls, New York Purchasing Division, Room 214

745 Main Street Niagara Falls, New York 14301

Email: NFNY.Purchasing@niagarafallsny.gov

PLEASE PRINT

VENDOR NAME:

FEIN:

ADDRESS LINE 1:

ADDRESS LINE 2:

CITY, STATE, ZIP CODE:

PRINCIPAL CONTACT &

TITLE:

TELEPHONE NUMBER:

EMAIL ADDRESS:

ACCOUNTS

RECEIVABLE CONTACT:

TELEPHONE NUMBER:

EMAIL ADDRESS:

REMIT TO ADDRESS:

1. Does your company accept purchase orders? YES NO

2. If yes, provide an email address to which purchase orders can be submitted for order processing:

List commodities, goods, and/or services available to the City:

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ADDITIONAL INFORMATION:

APPENDIX A

NIAGARA FALLS WATER BOARD SEALED BID CONTRACT

STANDARD TERMS, CONDITIONS, AND REQUIREMENTS

APPENDIX A

NFWB SEALED BID CONTRACT

STANDARD TERMS, CONDITIONS, AND REQUIREMENTS

The parties to the attached contract or agreement (hereinafter “contract” or “agreement”) 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 to the contract other than the Niagara Falls Water Board). Any party submitting a bid in response to the attached solicitation also agrees to comply with these terms, conditions, and requirements.

A. Statement of Qualifications - Omitted from this procurement

B. Personnel

Contractor agrees to provide adequate and competent personnel to fulfil its contractual obligations, with said personnel having the necessary licensing, education, training, and experience in the specialties that are necessary to perform contractor’s obligations. Contractor agrees that its personnel, including sub-contractors, shall comply with any credentialing, security, badge, orientation, or other requirements, procedures, or protocols as the Water Board may from time-to-time establish.

C. Coordination and Cooperation with Third Parties

Contractor agrees and acknowledges that if this contract calls for work on Water Board property, there may be other ongoing projects on site for all or part of contractor’s performance. The Water Board or its representative will take reasonable steps to avoid any conflicts between work performed by contractor and any third party, but contractor shall be responsible for actively communicating and cooperating with the Water Board’s representative and any third party, including but not limited to other contractors or subcontractors of the Water Board, as necessary to ensure coordination of performance of services.

D. Safety and Site-Specific Safety Plan - Omitted from this procurement

E. Insurance

Contractor shall be required to procure and maintain at its own expense and without expense to the Niagara Falls Water Board insurance for liability for damages imposed by law, of the kinds and amounts hereinafter provided, from insurance companies authorized to do business in the State of New York covering all operations under the contract, whether performed by the contractor or its subcontractors. Before proceeding with any work under the contract, the contractor shall furnish to the Niagara Falls Water Board Certificate of Insurance form(s) and relevant insurance policy declarations and endorsements satisfactory to the Water Board exhibiting compliance with this paragraph and providing that the policies shall not be changed or canceled until thirty (30) days written notice has been given to the Niagara Falls Water Board. The types and limits of insurance shall be as follows:

1. Workers Compensation as required by Law (submit Form C-105.2);

2. Disability Benefits as required by Law (submit Form DB-120.1);

3. Employer’s Liability with a minimum limit of $100,000;

4. Commercial General Liability insurance: Bodily, Personal Injury, and Property Damage Liability limits each of at least a minimum of $1,000,000 per occurrence/$2,000,000 aggregate, which shall include the following coverages:

a. Owner’s Protective Liability

b. Premises – Operations

c. Broad Form Contractual

d. Independent Contractor and Sub-Contractor

e. Products and Completed Operations

5. Automobile Liability: A minimum of $1,000,000 single limit;

6. Umbrella/Excess Liability: A minimum of $5,000,000 on a per occurrence and aggregate basis; this shall be in excess of primary general, automobile and employer’s liability limits; and

7. Professional Liability/Errors and Omissions: A minimum of $2,000,000 (identified as a claim made or an occurrence policy) (required only if professional services are to be performed pursuant to the contract).

8. Pollution Liability: The contractor shall procure, or otherwise obtain through an approved subcontractor, and maintain in full force and effect throughout the term of this agreement, and for at least two years after completion of contractor’s work, pollution legal liability insurance with minimum limits of $2,000,000, providing coverage for bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured. Such policy shall provide coverage for actual, alleged or threatened emission, discharge, dispersal, seepage, release, or escape of pollutants, including any loss, cost or expense incurred as a result of any cleanup of pollutants or in the investigation, settlement or defense of any claim, suit, or proceedings against the Niagara Falls Water Board from the contractor’s work. If automobiles are to be used for transporting hazardous materials, the Contractor shall provide pollution liability broadened coverage for covered autos.

9. Builder’s Risk/Installation Floater: Contractor shall provide “All Risk” property insurance coverage insuring all materials, equipment, and supplies provided by the contractor and intended to become a permanent part of the construction, whether stored on the premises, away from the project site, and/or while in transit, in an amount equal to the replacement cost of such materials, equipment, and supplies.

A waiver of subrogation in favor of the Niagara Falls Water Board must be included in this coverage.

10. Owned and/or Rented Tools or Equipment: Contractor shall provide property insurance covering all owned, rented, leased, and/or borrowed tools or equipment of the contractor or its subcontractors used in connection with the work that is the subject of this agreement, in an amount equal to the replacement cost of such tools or equipment. A waiver of subrogation in favor of the Niagara Falls Water Board must be included in this coverage.

To the extent that contractor’s insurance policies provide limits greater than the minimums set forth above, the Niagara Falls Water Board shall be named as additional insured to the full policy limits.

Certificates, declarations, and endorsements should be made to the Niagara Falls Water Board, 5815 Buffalo Avenue, Niagara Falls, NY 14304.

The Niagara Falls Water Board, the Niagara Falls Public Water Authority, and the City of Niagara Falls, New York shall be named as an Additional Insureds, for both Ongoing and Completed Operations on a primary and non-contributory basis, on the Liability (General Liability, Auto Liability, Excess Liability, and Pollution Liability) Policies (except for professional liability) with the following provision: The insurance company or companies issuing the policies shall have no recourse against the Niagara Falls Water

Board or the Niagara Falls Public Water Authority for payment of any premiums or for assessments under any form of policy.

In the event that the contractor requires any subcontractor to procure insurance with regard to any of the operations under the contract and requires such subcontractor to name the contractor as an additional insured under such insurance, the contractor shall ensure that such policy names the Water Board, Niagara Falls Public Water Authority, and their officers and employees as additional insureds, with coverage to the full limits of all applicable policies.

The failure of the Water Board to demand, request, obtain, or object to the contents of any certificate of insurance, form, endorsement, declaration page, policy, or the absence of same, shall not be deemed a waiver of any right held by the Water Board.

F. Indemnification and Waiver of Subrogation

Contractor, to the full extent permissible by New York law, agrees to indemnify and hold the Niagara Falls Water Board, its Directors, Officers, and Employees harmless against all loss, cost, or damage, on account of injury to person or damage to property as a result of any action or inaction of the contractor or its representatives or agents or subcontractors in performance of the contract and against all fines, penalties any other losses which the Niagara Falls Water Board shall be obliged to pay or incur in connection with the performance of the work under the contract.

The contractor also must agree to waive all rights against the Water Board, including its officials and employees, for any damages or losses that are covered under any insurance required by this contract, or any other insurance applicable to the operations of the contractor and/or its subcontractors in the performance of the contract.

G. Independent Contractor

The contractor and its employees will operate as an independent contractor and are not considered Water Board employees.

H. Identification of Subcontractors

Contractor must identify its subcontractors, if any, in its bid, but award of a contract shall not create any relationship between the subcontractors and Water Board, and contractor shall be responsible for the entire contract. The Water Board shall have the right to reject any proposed subcontractors.

I. Successors and Assigns

The contract shall inure to the benefit of and be binding upon the legal representatives and successors of the parties, respectively, but contractor may not assign, transfer, convey, sub-let, or otherwise dispose of its rights, title, or interest in the contract without the Water Board’s prior written consent. In the event that contractor assigns, transfers, conveys, sub-lets or otherwise disposes of any of its interest in the contract without the Water Board’s prior written consent or purports to do so, the Water Board shall revoke and annul the contract and shall be relieved and discharged from any and all liability and obligations arising out of the contract and to contractor and to the person or corporation to which the contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and contractor, and his assignees, transferees or sublessees shall forfeit and lose all moneys, theretofore earned under the contract, except so much as may be required to pay contractor’s employees for work performed under the contract. The provisions of this section shall not hinder, prevent, or affect an assignment by contractor for the benefit of his creditors made pursuant to New York State law.

J. No Third Party Rights

Nothing in this contract shall be construed or deemed to create any right in nay person or entity not a party to the contract, except any permitted successors and assigns, and nothing in this contract shall be construed in any way to be a contract in whole or in part for the benefit of any third party.

K. Exemption from Tax

Invoices and bills to the Water Board shall not include charges for any Federal, State or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by the Water Board.

L. Set-Off Rights

The Water Board shall have all of its common law, equitable and statutory rights of set-off.

These rights shall include, but not be limited to, the Water Board’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 from contractor to the Water Board with regard to this contract, any other contract with the Water Board, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing from contractor to the Water Board for any other reason including, without limitation, any monetary penalties.

M. 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 Water Board and its representatives, 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 Water Board 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 Water Board 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 Water Board’s right to discovery in any pending or future litigation.

N. Freedom of Information Law – Claim of Confidential, Proprietary, or Trade Secret Information

The Water Board is subject to the provisions of the Freedom of Information Law (“FOIL”), N.Y.

Public Officers Law, Sections 84 through 90, relating to public access to agency records. The contractor shall specifically identify any portions of the documents submitted with the bid or proposal deemed to be confidential, proprietary information, or trade secrets and provide any justification why such material, upon request, should not be disclosed by the Water Board. The top of each page containing such information must be clearly marked in bold type “PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW.” Such information deemed by the contractor to be confidential/proprietary shall be easily separable from the non-confidential/non-proprietary sections of the bid or proposal.

The Water Board accepts no responsibility for disclosure of information designated as exempt from disclosure, but the Board does intend to evaluate, on a case-by-case basis, whether exemption from disclosure applies when a FOIL request is made to the Water Board for examination of such a document.

Contractors should be aware that any and all terms of their respective proposals or bids may be the subject of discussion at Board of Directors meetings that are open to the public.

O. Compliance with Breach Notification and Data Security Laws

Contractor shall comply with the provisions of the New York State Information Security Breach and Notification laws, General Business Law §§ 899-aa and 899-bb and State Technology Law § 208.

P. General Conditions of Bids

Detailed instructions regarding the submission of bids are set forth in the contract documents.

In all cases, the Water Board shall have the right to reject all bids or to waive any technical defect, qualification, omission, informality, or irregularity in any bid received.

Q. Bids Firm and Irrevocable for 60 Days

The Water Board reserves the right to make awards within 60 calendar days after the time designated herein for the opening of bids, during which 60 days, bids may not be withdrawn.

R. 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 Exhibit A, the terms of this Exhibit A shall control.

S. Addenda

Any clarification, interpretation, correction, or change of the bidding documents will be made by written addendum. Clarifications, interpretations, corrections, or changes of the bidding documents made in any other manner will not be binding, and contractors shall not rely upon such clarifications, interpretations, corrections, or changes. Contractors shall acknowledge the number of addenda received using this Appendix’s Form No. 1.

T. Non-Discrimination and Prohibition Against Sexual Harassment

In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional nondiscrimination provisions, the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), sexual orientation, national origin, age, disability, military status, predisposing genetic characteristics, domestic violence victim status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration, and/or repair of any public building and/or public work and/or for the manufacture, sale, and/or distribution of materials, equipment, and/or supplies, and to the extent that the 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;

and/or (b) discriminate against or intimidate any employee hired for the performance of work under the 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.

Contractor agrees that prior to the award of a contract, it shall submit an Equal Employment Opportunity (“EEO”) Policy Statement to the Water Board containing at a minimum the terms therefore as set forth in this Appendix’s Form No. 4.

By submission of a bid, contractor and each person signing on behalf of contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the contractor 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 labor law. Contractor agrees that prior to the award of a contract, it shall submit the Statement on Sexual Harassment form at this Appendix’s Form No. 5.

U. Iranian Energy Sector Divestment

Pursuant to Public Authorities Law § 2879-c, by signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law. This list of persons who engage in investment activities in Iran is available at:

http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

V. 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).

W. MacBride Fair Employment Principles

In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the contractor hereby stipulates that contractor and any individual or legal entity in which the contractor holds a ten percent or greater ownership interest and any individual or legal entity that holds a ten percent or greater ownership interest in the contractor either (a) have 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(5) of the State Finance Law), and shall permit independent monitoring of compliance with such principles.

X. 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 State Finance Law §165 (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 any subcontractor, the prime contractor will indicate and certify in the submitted bid 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. Proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

Y. Steel Products

If this contract involves steel products, then pursuant to Public Authorities Law § 2601-a:

a. All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions.

b. All contracts in excess of one hundred thousand dollars for the construction, reconstruction, alteration, repair, maintenance or improvement of public works shall require that all structural steel, reinforcing steel or other major steel items to be incorporated in the work of the contract shall be produced or made in whole or substantial part in the United States, its territories or possessions.

c. Contractor shall furnish the NFWB with American Iron and Steel (AIS) certifications for all steel products.

Z. Delivery of Products - Omitted from this procurement

AA. Wage and Hour Requirements

If this agreement 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 New York State Department of Labor (the “DOL”). 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 DOL in accordance with the Labor Law.

Additionally, if this is a public work contract covered by Article 8 of the Labor Law, contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the Water Board of any Water Board approved sums due and owing for work performed.

BB. Workforce Reporting - Omitted from this procurement

CC. M/WBE and SDVOB Requirements and Grant Funded Projects – Omitted from this procurement

DD. New York State Certified Apprenticeship Training Program Requirements – Omitted from this procurement

EE. New York State Certified Apprenticeship Training Program Requirements – Omitted from this procurement

FF. Payment

Contractor agrees to provide complete and accurate billing invoices to the Water Board on a monthly basis, and will comply with cover sheet requirements or other invoice submission procedures as the Water Board may from time to time require. Invoices submitted must contain sufficient information and documentation to support the charges submitted. Documentation may include time sheets, expense vouchers and any other supportive documentation requested by the Water Board or its representative. If contractor is in compliance with applicable prevailing wage laws and has satisfactorily completed all required Minority, Women, and Disadvantaged Business Enterprise and Service-Disabled Veteran-Owned Business utilization and reporting requirements, payment shall be made monthly on the basis of invoices submitted by contractor, each payment to be due sixty (60) days after receipt of the invoice, unless the Water Board reasonably disputes some or all of the invoice.

GG. Conflicts of Interest and Prohibition on Political and Religious Activity

By submitting a bid or by assuming the responsibility of a contract awarded hereunder, contractor stipulates that, upon information and belief, no member of the governing body of the Water Board, or officer or employee of the Water Board, forbidden by Law, is interested in, will derive benefit from, or will be a party to, the contract between contractor and the Water Board. Contractor warrants that no payment, gift, or thing of value has been or will be made, given, or promised any Director, Officer, or Employee of the Water Board, or any member of the immediate family of any Director, Officer, or Employee of the Water Board (spouse, parent, sister, brother, or child) to obtain this or any other agreement between the parties. Contractor agrees that its provision of services under this contract shall not include any partisan political activity or any activity to further the election or defeat of any candidate for public, political, or party office, nor shall any of the funds provided under the contract be used for such purposes. The contractor further agrees that there shall be no religious worship, instruction, or proselytizing as part of or in connection with the contractor’s provision of services under the contract, nor shall any of the funds provided under this agreement be used for such purposes.

HH. Non-Collusion

Contractor must submit a signed non-collusive bidding certification on the form that is this Appendix’s Form No. 2.

II. Communication with Water Board and Lobbying Law.

Bidders/contractors are advised that, from the date the notice to bidders or invitation to bid is issued until the award of the contract, no contact by bidders or their agents with the Water Board or Water Board personnel related to this procurement is permitted, except as shall be authorized by the authorized Water Board contact indicated on the invitation to bid.

Pursuant to State Finance Law Sections 139-j and 139-k, this solicitation includes and imposes certain restrictions on communication between respondents and the Water Board during the procurement process. A respondent is restricted from making contacts from the date the invitation to bid is issued through the final contract award by Water Board (the “Restricted Period”). During the Restricted Period, respondents may only contact the designated contact regarding this procurement. The designated contact is identified on the invitation to bid or notice to bidders. Respondents are responsible for complying with State Finance Law Sections 139-j and 139-k.