Highway Construction Materials

1 Office of Franklin County Manager 355 West Main Street, Suite 456, Malone, New York 12953-1826 Tel: 518/481-1693 Fax: 518/483-0141 County’s Website: http://www.franklincony.org DONNA KISSANE JOEL PERRY County Manager Asst. Purchasing Agent Donna.kissane@franklincountyny.gov joel.perry@franklincountyny.gov REQUEST FOR SEALED BIDS Issue Date February 28, 2023 Request for Bids (RFB) Name Highway Construction Materials RFB Number 23-0327-1 Opening Date/Time March 27, 2023 at 3:00 P.M. Contact Person Joel Perry, Asst. Purchasing Agent Interested vendors must submit proposals in a sealed envelope to: Franklin County Manager’s Office 355 West Main Street, Suite 456 Malone, NY 12953 Envelope must be sealed and have the following on the outside of the envelope: 1) Name and

address of bidder 2) Name and number of bid Place of Opening Franklin County Board of Legislature 355 West Main Street, Suite 409 Malone, NY 12953-1826 It is the vendor’s responsibility to read the attached specifications and general conditions, which outline bidding rules of Franklin County. Vendors must include the following completed forms with their proposals: • Non-Collusion Bidding Certification • General Information Sheet • Vendor Reference Sheet • Iran Divestment Act Affidavit of Individual or Entity • W-9 • Franklin County Disclosure of Interest All bids received after the time stated above may not be considered and will be returned to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of Franklin County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Electronic bid submissions will not be accepted. Donna Kissane, County Manager Franklin County’s “Highway Construction Materials” 23-0327-1 2 WOMEN AND MINORITY OWNED BUSINESSES ARE ENCOURAGED TO SUBMIT A BID. SCOPE: The purpose of this Request for Bids (RFB) is to solicit pricing for the purchase of various highway construction materials on an “as needed” basis. This is not an “all or nothing” bid. Vendors may bid on the items that they are willing to supply per the bid specifications. Any items that a vendor does not wish to submit a bid for, shall be indicated with “no bid” on the bid form. CONTRACT TERM: Contract period shall be from Time of Award to March 31, 2024. OTHER CONTRACTS: If at any time during the term of this contract the successful vendor also has a State contract or any other contract legally available to the County, the County reserves the right to purchase from any or all of the contracts and the vendor agrees to supply goods in accordance with that contract. BRAND NAMES: The use of any brand name used in description of items is for the purpose of identifying the minimum requirements of the end user only. It is not intended to limit or restrict competition. Proposals for other brand names of equal caliber and the same features specified must send the manufacturer’s specification sheets for the items they are proposing to show the equivalency of the items. Alternative items must be equal in quality, effectiveness, and function. Failure to include manufacturer’s descriptive literature when proposing an alternate may result in the rejection of your proposal. Franklin County reserves the right to determine if the items proposed are equal to the items specified. QUANTITY: The County guarantees no minimum or maximum total of purchases or contracts as a result of award of this bid. The County has guaranteed a minimum quantity of specific items to be ordered for delivery to ensure the best pricing on bulky or heavy items. If no minimum is listed in the delivered quantity column, no minimum order amount is guaranteed. DELIVERY: Delivery of products must be complete within the timeline below. Delivery of materials shall be to the Franklin County Highway Department, 14981 State Route 30, Malone, NY 12953. Prices are being requested for both pickup and delivered items. It is not required to give a price for both. All materials are to be provided in strict conformance with the provisions of the most current standard for construction and materials issued by the NYS Department of Transportation. LOT I Bridge and Concrete Construction Materials 1 week after receipt of order except for item 15 which shall be 2 weeks A/R/O LOT II Paving and Repair Materials 1 week after receipt of order LOT III Earthwork Construction Materials 2 weeks after receipt of order LOT IV Work Zone Signage 2 weeks after receipt of order LOT V Traffic Signs, Blanks, Sheeting and Accessories 3 weeks after receipt of order PRICE REDUCTIONS: Contractors shall be permitted to reduce their pricing any time during the contract term. In addition, contractors may choose to offer lower prices in specific instances or for particular projects. In the event of a significant decrease in market price of any product listed, the County reserves the right to negotiate lower pricing. In addition, if the contractor’s normal pricing to the public or to the trade in general is less than the net/contract pricing with the application of a contract discount, etc., then the normal pricing to the public or to the trade in general shall also be granted to contract participants. Franklin County’s “Highway Construction Materials” 23-0327-1 3 MATERIALS CERTIFICATION: Upon request, the supplier of any material listed in this bid shall provide acceptable proof verifying all material being furnished under this bid complies with all applicable requirements of the standard specifications. Acceptable proof will be a NYSDOT approved material certification indicating that the material(s) to be furnished comply with these specifications. QUESTIONS: Formal requests for clarification or questions regarding the terms of this bid should be directed in writing to Joel Perry, Assistant Purchasing Agent at joel.perry@franklincountyny.org or by fax to (518) 483-0141. Any information given to a Bidder in response to a formal request will be furnished to all Bidders as an addendum to this solicitation, if such information is deemed necessary for the preparation of the bid, or if the lack of such information would be detrimental to the submission of uniform bids. The addendum(s) will be sent via email or fax to all prospective bidders who have received the bid documents and these amendments will be binding on them. Addenda will also be posted on the County website http://franklincony.org/content . If you didn’t obtain your bid documents from the purchasing department directly, it is your responsibility to check the website periodically for any updated information. Only such addenda when issued by the County Purchasing Department will be considered as being binding on the County. Verbal explanations or instructions given by a County employee to a Bidder in regard to this solicitation shall not be binding on the County, and shall be considered informal unless confirmed in writing by the Purchasing Department. The County will issue no response to any request for clarification received within five (5) days of the proposal due date. METHOD OF AWARD: The contract, if awarded, will be to the lowest responsive/responsible bidder(s) in part or in whole who meet(s) all the terms of the specifications. Award may be made by line item and/or lot. The County guarantees no minimum or maximum purchases or contracts as a result of award of this bid. Franklin County reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the County of Franklin and the vendor. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time. Franklin County operates a formal Purchase Order System. Under NO circumstances will the vendor or contractor be paid without a purchase order. Contractor shall deliver only the items specified on the purchase order. Any Contractor that delivers items that are not ordered, or who duplicates items, does so entirely at his own expense. Such shipments will be at no cost or responsibility to Franklin County. When awarded, the bid package becomes the "Contract Document". The Bidder's signature on the bid constitutes Bidder's agreement to the terms therein. INSURANCE REQUIREMENTS FOR COUNTY OF FRANKLIN CONTRACTS: The County of Franklin requires from every vendor who performs services for or on behalf of the county the following insurance requirements. Prior to the commencement of any work to be performed by the vendor, the vendor shall file with the County Manager, certificates of insurance evidencing compliance with all requirements. Acceptance by the county does not and shall not be construed to relieve vendors of any obligations, responsibilities or liabilities. The county shall have the right to refuse payment to the vendor for not submitting a certificate of insurance in a timely manner. http://franklincony.org/content Franklin County’s “Highway Construction Materials” 23-0327-1 4 The following minimum insurance coverage is required: 1. The County is to be added as an “Additional Insured” on vendor’s Commercial General Liability Insurance policy. Any costs for adding the County as “Additional Insured” will be at the Contractor’s expense. 2. Worker’s Compensation, Employer’s Liability, and Disability Benefits as required by New York State. 3. Commercial General Liability Insurance, ISO form #CG00 01 (or equivalent) in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, which names the County of Franklin as an additional insured. Any exemption or modification to that standard form should be so noted on the Certificate. If contract services are of professional nature, the vendor will certify professional liability insurance at One Million Dollars ($1,000,000.00) per occurrence. 4. In any situation in which a vendor is using their own vehicles in the performance of the contract, Comprehensive Business Automobile Liability Insurance with a limit of not less than One Million dollars each accident. Such insurance shall cover liability arising out of any automobile, including owned, leased, hired and non-owned automobiles. IRAN DIVESTMENT ACT: By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non-Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended. During the term of the Contract, should Franklin County receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, Franklin County will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then Franklin County shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default. Franklin County reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. Franklin County’s “Highway Construction Materials” 23-0327-1 5 NOTE: By signing and submitting this bid for consideration by Franklin County, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. When awarded, the bid package becomes the "Contract Document". The Bidder's signature on the bid constitutes Bidder's agreement to the terms therein. Lot I - Bridge and Concrete Construction Materials 1. Membrane Waterproofing System: Bids are solicited for furnishing and delivering the various materials in accordance with NYSDOT specifications as listed below and shall be listed on the NYSDOT Approved Materials List. The membrane waterproofing system shall consist of one of the proprietary sheet systems. No substitutions of the proprietary portions of the applied system shall be allowed. Specifications shall be per NYS Department of Transportation Technical Service Materials approved list for concrete waterproofing membranes; sheet-applied waterproofing section 717-0201. The membrane waterproofing system shall include a membrane that is constructed of a prefabricated peel and stick reinforced laminate. The release film used on the membrane shall be specifically designed to facilitate removal without tears or splits in the membrane. The membrane system shall be equivalent to the Royston 10-A Membrane system and shall consist of Royston Bridge Membrane No. 10-A, Royston Bridge Membrane Primer 713-A; and Royston 104 CM Caulkable Mastic; all as manufactured by Royston Laboratories, Inc., Pittsburgh, Pennsylvania. Membrane system must be for use on existing bridge decks, as well as, new construction. The maximum width that Franklin County needs is 48” wide. 2. Synthetic Bond Breaker: The synthetic bond breaker shall conform to the requirements of those contained in the NYSDOT Specification Section 728-06. 3. Type D Waterstop: The Type D Waterstop shall conform to the requirements of those contained in the NYSDOT Specification Section 705-11 and referenced on the NYSDOT Bridge Detail Sheet BD-MS3E 4. 4 Mil Clear HDPE Vapor Barrier 5. 10 Mil Clear HDPE Vapor Barrier 6. 10 oz. Rolled Burlap 7. Concrete, Grouting and Anchoring Material: This material shall meet NYSDOT requirements for chemically curing anchoring material (Pourable and Capsule) as specified in section 701-07 and be on the NYSDOT approved materials list. Franklin County’s “Highway Construction Materials” 23-0327-1 6 8. Type IV Extruded Polystyrene Foam Insulation Board: Foam panels shall have square edges on all four (4) sides, Extruded Polystyrene Foam Insulation board shall be equivalent to Dow Styrofoam (Blue Board). 9. Sandblasting Abrasive: Fine Grade sandblasting abrasives shall be a coal slag abrasive for surface preparation. Abrasives shall be packaged in 50 pound sacks. Sandblasting abrasives shall be Black Beauty Abrasives by Harsco Minerals International or equivalent. 10. Concrete Curing Membrane or Protective Sealant: The Concrete Curing Membrane shall be in accordance with NYSDOT Specification section 711. The Concrete Protective sealant shall be in accordance with NYSDOT Specification Section 717. Both the Curing Membrane and the Protective Sealant shall be on the NYSDOT Approved Materials List. 11. Bagged Cement Products: The quality of the Bag Portland Cement shall conform to the chemical and physical requirements of those respective types as contained in ASTM C 150 and in accordance with New York Department of Transportation Specification SECTION 701-01 PORTLAND CEMENT, 701-05 CONCRETE GROUTING MATERIAL, SECTION 701-09 and SECTION 705-21 MORTAR FOR CONCRETE MASONRY. Bags of Portland Cement shall contain ninety-four (94) pounds net or one (1) Cubic Foot. Bags of non- shrink grout shall contain (50) pounds net. Bags for Masonry Mortar shall contain seventy (70) pounds net. Bags for Portland Cement Based Concrete Repair Material shall contain (50) pounds net and shall be listed on the NYSDOT Approved Materials List. Pre-mixed (dry) concrete shall be equivalent to Quikrete 5,000 by Quikrete, Atlanta, GA. and shall contain (80) pounds net. 12. Concrete Sealant Sprayer: The Concrete Sealant Sprayer shall be a hand held sprayer and shall have a capacity of no less than 3.5 gallons. The sprayer shall be constructed of materials to prevent corrosion of the sprayer. 13. Concrete Joint Sealant: The Concrete Joint Sealant shall be a pourable, self-leveling, neutral cure silicone sealant. The concrete joint sealant shall be equivalent to Sikasil-728 SL. 14. Tie Wire : see bid form Franklin County’s “Highway Construction Materials” 23-0327-1 7 15. Concrete Reinforcing: All concrete reinforcement bars (rebar/s) shall meet or exceed the NYSDOT Standard Specification Section 709. All non-coated rebar shall be Grade 60. Epoxy Coated rebar shall be Grade 60. Unless specified elsewhere, rebar shall be supplied in 20 ft. lengths. Unit prices per pound for rebar shall include delivery to the county yard. All Welded Wire Fabric (WWF) shall meet the requirements of ASTM A-185. WWF shall be supplied in sheets, five ft. wide by 10 ft. long. Rolls of WWF are not acceptable. WWF prices shall include delivery to the county yard. LOT I Bridge and Concrete Construction Materials Delivered price is requested for unit quantity specified. Minimum quantity is the minimum number of units that Franklin County will order for delivery. If no minimum is specified, Franklin County does not guarantee a minimum quantity will be purchased. BID ITEM # DESCRIPTION UNIT PICKUP PRICE DELIVERED PRICE 1A Membrane Square Foot Minimum 500 sf 1B Primer 5 gallon pail 1C Mastic Gallon 2 Synthetic Bond Breaker Square Foot 3 Type D Waterstop Linear Foot 4 4 Mil Clear HDPE Vapor Barrier Roll – List size 5 10 Mil Clear HDPE Vapor Barrier Roll – List size 6a 10 oz. Rolled Burlap 48” x 300’ Roll Minimum 5 Rolls 6b 10 oz. Rolled Burlap 60” x 300’ Roll Minimum 5 Rolls 7 Concrete Grouting and Anchoring Material Case – List Oz. and Qty. to case 8a Type IV Extruded Polystyrene Foam Insulation Board 1⁄2” x 24” x 8’ Each Minimum 10 pieces 8b Type IV Extruded Polystyrene Foam Insulation Board 3⁄4” x 24” x 8’ Each Minimum 10 pieces Franklin County’s “Highway Construction Materials” 23-0327-1 8 8c Type IV Extruded Polystyrene Foam Insulation Board 1” x 24” x 8’ Minimum 10 pieces 8d Type IV Extruded Polystyrene Foam Insulation Board 11⁄2” x 24” X 8’ Minimum 10 pieces 8e Type IV Extruded Polystyrene Foam Insulation Board 2” X 48” X 8’ Minimum 10 pieces 8f Type IV Extruded Polystyrene Foam Insulation Board 3” x 24” x 8’ Minimum 10 pieces 8g Type IV Extruded Polystyrene Foam Insulation Board 4” x 24” x 8’ Minimum 10 pieces 9a Sandblasting Abrasive Medium Grade (for 3.0-4.8 Mil Profile) 50# Bag 9b Sandblasting Abrasive (for 2.0-3.8 Mil Profile) Fine Grade 50# Bag 10a Sealtight 1100 Clear Curing Membrane 5 gallon pail 10b Certi-Vex Penseal 244 100% Sealant 5 gallon pail 11a Portland Cement, Type 1 94# bag 25 bag minimum 11b Non-Shrink Grout 50# Bag 25 bag minimum 11c Mortar - Type N 70# bag 25 bag minimum 11d Mortar - Type S 70# bag 25 bag minimum 11e Mortar - Type M 70# bag 25 bag minimum 11f Portland Cement Based Concrete Repair 50# bag 5 bag minimum 11g Quikrete 5,000 Dry Mix 80# bag 25 bag minimum 12 Concrete Sealant Sprayer Each 13a Concrete Joint Sealant (Bucket – Specify Size) Pail Franklin County’s “Highway Construction Materials” 23-0327-1 9 13b Concrete Joint Sealant Cartridges (Large Caulking Gun) List # of oz. and #quantity in case 13c Concrete Joint Sealant Cartridges (Standard Caulking Gun) List # of oz. and #quantity in case 14a 16 gauge Black Annealed Tie Wire Rolls Case-list # of rolls 14b 16 gauge PVC Coated Tie Wire Case-list # of rolls 14c 9 gauge Black Steel Wire 50 lb. roll x 850’ Roll 15a Bar Size No. 3, Unit Weight .376 lbs/lf epoxy coated Pound 15b Bar Size No. 3E, Unit Weight .376 lbs/lf epoxy coated Pound 15c Bar Size No. 4, Unit Weight .668 lbs/lf epoxy coated Pound 15d Bar Size No. 4E, Unit Weight .668 lbs/lf epoxy coated Pound 15e Bar Size No. 5, Unit Weight 1.043 lbs/lf epoxy coated Pound 15f Bar Size No. 5E, Unit Weight 1.043 lbs/lf epoxy coated Pound 15g Bar Size No. 6, Unit Weight 1.502 lbs/lf epoxy coated Pound 15h Bar Size No. 6E, Unit Weight 1.502 lbs/lf epoxy coated Pound 15i Bar Size No. 8, Unit Weight 2.670 lbs/lf epoxy coated Pound 15j Bar Size No. 8E, Unit Weight 2.670 lbs/lf epoxy Pound Franklin County’s “Highway Construction Materials” 23-0327-1 10 coated 15k Bar Size No. 10, Unit Weight 4.303 lbs/lf epoxy coated Pound 15l Bar Size No. 10, Unit Weight 4.303 lbs/lf epoxy coated Pound 15m Bar Size No. 10E, Unit Weight 4.303 lbs/lf epoxy coated Pound 15n Charge per Cut or Shop Standard Bend/Hook Each 15o 6x6, W1.4 x W1.4 (6 gauge) WWF Sheet 15p 6x6, W2.9 x W2.9 (10 gauge) WWF Sheet Lot II - Roadway Paving and Pavement Repair Materials 16. Expansion-Contraction Joint Filler: The Expansion-Contraction Joint Filler shall meet or exceed AASHTO M213. The expansion joint material shall be provided in sheets measuring 1⁄2” thick by 48” wide and 120” in length. The expansion- contraction joint filler shall be equivalent to Fibre Expansion Joint by W.R. Meadows, Inc., Hampshire, Illinois. 17. Permanent Asphalt “Cold” Patch: Permanent asphalt patch shall be supplied in 60 pound bags. The permanent asphalt “cold” patch shall need no special preparation to the roadway prior to installation. Also, the permanent “cold” asphalt patch shall displace water in potholes and accept traffic immediately after installation on a paved roadway or bridge. The permanent “cold” asphalt patch shall be equivalent to Perma-Patch by Perma- Patch, Inc., Baltimore, Maryland. 18. Temporary Pavement Marking Tape: Temporary Pavement Marking Tape shall be reflective, 4” in width, yellow in color supplied in 120 yard rolls. The reflective temporary marking tape shall be equivalent to 3M A710 Stamark Reflective Tape, 3M ID No. 75030175022 by 3M Companies. 19. Temporary Overlay Markers (TOMs): Temporary Overlay Markers shall be constructed of polyurethane and shall be yellow in color. TOMs shall be reflective on both sides and shall be fitted with a factory applied high tack butyl adhesive pad. TOMs Franklin County’s “Highway Construction Materials” 23-0327-1 11 shall be four (4) inches wide and two (2) inches tall. TOMs shall be equivalent to USA-Signs model TOM-Y- 2S. 20. Demolition Saw Blades: a. Equivalent to Fire Tiger Tooth Black Label 14” x 0.125” x 1”-20mm by MK Diamond Products, Inc. b. Equivalent to DX-10 14” x 0.125” x 1” by MK Diamond Products, Inc. c. Equivalent to MK-313 14” x 0.125” x 1”-20mm by MK Diamond Products, Inc. d. Equivalent to MK-304RCK 14” x 0.125” x 1” by MK Diamond Products, Inc. e. Equivalent to DW8034 14” x 0.125” x 1” by DeWALT Industrial Tool Company f. Equivalent to DW8024 14” x 0.125” x 1” by DeWALT Industrial Tool Company g. Equivalent to DW8020 14” x 0.125” x 1” by DeWALT Industrial Tool Company Delivered price is desired for unit quantity specified. Minimum quantity is the minimum number of units that Franklin County will order for delivery. If no minimum is specified, Franklin County does not guarantee a minimum quantity will be purchased. LOT II - Roadway Paving and Pavement Repair Materials Bid Item Description Unit Pickup Price Delivered Price 16 Expansion-Contraction Joint Filler Sheet 17 Permanent Asphalt “Cold” Patch 60# bag 18 Temporary Pavement Marking Tape Roll 19 Temporary Overlay Marker Case List Quantity 20a 14” x 0.125” x 1” -20mm Equal to Fire Tiger Tooth Black Label Each 20b 14” x 0.125” x 1” Equal to MK Diamond DX-10 Each 20c 14” x 0.125” x 1” – 20mm Equal to MK Diamond MK- 313 Each 20d 14” x 0.125” x 1” Equal to MK Diamond MK-304RCK Each 20e 14” x 0.125” x 1” Equal to Each Franklin County’s “Highway Construction Materials” 23-0327-1 12 DeWalt DW8034 20f 14” x 0.125” x 1” Equal to Dewalt DW8024 Each 20g 14” x 0.125” x 1” Equal to DW8020 Each Franklin County’s “Highway Construction Materials” 23-0327-1 13 Lot III - Earthwork Construction Materials Specifications and Requirements 21. Geotextile in accordance with NYSDOT Specification Section 207: The Geotextile furnished shall be a woven geotextile that is listed on the NYSDOT approved materials list as required below: Woven Geotextile shall be furnished in rolls with lengths of no less than 100 yards and widths of 12 feet. Rolls shall be protected from exposure to sunlight during transport and storage. 22. Subsurface Drainage in accordance with NYSDOT Specification Section 207: The Geotextile furnished shall be listed on the NYSDOT approved materials list as a drainage material (D) that is approved for Type A,B,C soils. Subsurface Drainage shall be furnished in rolls with lengths of no less than 100 yards and widths of 12 feet. Rolls shall be protected from exposure to sunlight during transport and storage. 23. Prefabricated Composite Structural Drain (PCSD) Prefabricated Composite Integral Drain (PCIAD) *The drain shall be listed on the NYSDOT approved materials list 24. Silt Fence: The geotextile used for the silt fence shall be rated on the NYSDOT approved materials list as (SF). The silt fence (with stakes) shall be a NYSDOT approved silt fence. Note, the silt fence shall be furnished in rolls with no less than 100’ lengths and 3 feet (+/-) in width. 25. Turbidity Curtain: The turbidity curtain shall be in accordance with NYSDOT Specification Section 209 and shall be listed on the NYSDOT materials approved list as AASHTO Strength Class 1 or 2. 26. Rolled Erosion Control and Soil Stabilizers: Wood Fiber Erosion Control Blanket for slopes 2H:1V, Curlex I by American Excelsior Co. or equal. Wood Fiber Erosion Control Blanket for slopes 1.5H:1V, Curlex II by American Excelsior Co. or equal. Jute Mesh Erosion Control Blanket, Indian Valley Industries, Inc. IVI Jute Mesh or equal. Double Sided Biodegradable Straw Blanket, ErosionTech ETRS-2BN or equal. Erosion Control Fabric Staples. Staples shall be 11 ga. hard drawn steel wire, 6” in length or equal. Biodegradable Erosion Control Staples. Staples shall be biodegradable plastic or wood, 6” in length or equal. Wood Fiber Sediment Control device, Curlex Sediment Log by American Excelsior Co. or equal. Franklin County’s “Highway Construction Materials” 23-0327-1 14 27. Temporary check dam: Temporary check dams shall be constructed of a urethane foam core with a woven geotextile cover. Check dams shall be 8-10” in height, with a 16-20” base. Temporary check dams shall equivalent to Triangular Silt Dike by Indian Valley Industries, Inc. 28. Wooden Grade Stakes: Grade stakes shall be constructed of hardwood lumber sharpened to a pencil point at the tip. 29. Calcium Chloride: Calcium Chloride Flakes shall be provided in 50 pound bags, calcium chloride shall be equivalent to DOWFLAKE XTRA 83-87% Calcium Chloride by Occidental Chemical Corporation, Dallas Texas. 30. Bagged Pelletized Lime: Pelletized lime shall be provided in 40 pound bags. 31. Bagged Fertilizer: Bagged Fertilizer shall be provided in 50 or 100 pound bags, specify weight. 32. Baled Hydro-Seeding Mulch: Baled Hydro-Seeding Mulch shall be provided in 50 pound (net weight) bales. Baled Hydro-Seeding Mulch shall be equivalent to Terra-Blend with Tacking Agent 3 by PROFILE Products, Buffalo Grove, IL. 33. NYSDOT Grass Mix: The Kentucky Bluegrass Seed shall be on the NYSDOT Approved Materials List. Grass seed shall be provided in bags, specify weight. 34. Grass Mix – Conservation Mix: The Conservation Mix grass seed shall be a seed that is capable of germinating and growing in the Northern New York area, the grass seed shall be provided in bags, specify weight. Franklin County’s “Highway Construction Materials” 23-0327-1 15 LOT III Earthwork Construction Materials BID ITEM DESCRIPTION UNIT PICKUP PRICE DELIVERED PRICE EACH UNIT 21a Geotextile, AASHTO Strength Class 1, Stabilization (ST) and Separation (S) Material Square Yard Minimum 2 rolls 21b Geotextile, AASHTO Strength Class 2 Separation (S) Material Square Yard Minimum 2 rolls 21c Geotextile, AASHTO Strength Class 3, Silt Fence (SF) Material with 2.0 meter post spacing Square Yard Minimum 2 rolls 22a AASHTO Strength Class 1 Geotextile for Subsurface Drainage Square Yard Minimum 2 rolls 22b AASHTO Strength Class 2 Geotextile for Subsurface Drainage Square Yard 23a Prefabricated Composite Structural Drain (PCSD) Square Yard 23b Prefabricated Composite Integral Drain (PCIAD) Square Yard 24 Silt Fence Linear Foot Minimum 5 Rolls 25a Turbidity Curtain 4’ Depth 50/LF 25b Turbidity Curtain 6’ Depth 50/LF Franklin County’s “Highway Construction Materials” 23-0327-1 16 26a Wood Fiber Erosion Control Blanket for slopes 2H:1V - 4’ wide roll Square Foot Minimum 5 Rolls 26b Wood Fiber Erosion Control Blanket for slopes 2H:1V - 8’ wide roll Square Foot Minimum 5 Rolls 26c Wood Fiber Erosion Control Blanket for slopes 1.5H:1V – 4’ wide roll Square Foot Minimum 5 Rolls 26d Wood Fiber Erosion Control Blanket for Slopes 1.5H:1V - 8’ wide roll Square Foot Minimum 5 Rolls 26e Jute Mesh Erosion Control Blanket 4’ wide roll Square Foot Minimum 5 Rolls 26f Double Sided Biodegradable Straw Blanket 8’ wide roll Square Foot Minimum 5 Rolls 26g Erosion Control Fabric Staples 11 gauge hard drawn steel wire 6” length Box of 1,000 26h Biodegradable Erosion Control Staples; biodegradable plastic or wood; 6” length Box of 500 26i Wood Fiber Sediment Control device 6” diameter by 25’ Each Minimum 5 Logs 26j Wood Fiber Sediment Control Device 9” diameter by 25’ Each Minimum 5 Logs 26k Wood Fiber Sediment Control Device 12” diameter by 10’ Each Minimum 5 Logs Franklin County’s “Highway Construction Materials” 23-0327-1 17 27 Temporary check dam 8” x 10” high with 16-20” base Each – Specify length Minimum 5 Dams 28a Wooden Grade stake 1” x 1” x 3’ Each Bundle – list quantity 28b Wooden Grade stake 1” x 1” x 4’ Each Bundle – list quantity 29 Calcium Chloride Flakes 50# bags/Pallet – list quantity 30 Pelletized Lime 40# bags/Pallet – list quantity 31a Fertilizer 19-0-9 50# bags/Pallet – list quantity 31b Fertilizer 19-0-9 100# bags/pallet – list quantity 31c Fertilizer 10-10-10 50# bags/pallet – list quantity 31d Fertilizer 10-10-10 100 # bags/pallet – list quantity 32 Baled Hydro-Seeding Mulch 50# bale/pallet – list # of bales 33 NYSDOT Grass Mix Bag – list size Minimum 2 bags 34 Grass Mix – Conservation Mix Bag – list size Minimum 2 bags Franklin County’s “Highway Construction Materials” 23-0327-1 18 Lot IV - Work Zone Signage and Safety 35. Roll-Up Work Zone Signs: Roll-Up work zone signs shall be 36”x36” non-reflective vinyl in fluorescent orange with black legends. The signs shall be equipped with half-lexan pockets. The signs shall be equivalent to USA-Signs “Roll-up C- Signs”. 36. Standard Sign Bases: Sign bases shall be non-wind deflectable with an aluminum mast and legs. Base shall be a standard base with 38” (extended) legs, kick-lever type leg releases, and spin-handle type sign attachments. Bases shall be NCHRP-50 acceptable. Sign bases shall be equivalent to USA-Signs “C-600 Series, Model C-601-S- KLSH”. 37. Oversized Sign Bases: Oversized sign bases shall be wind deflectable with an aluminum mast and legs. Base shall be fitted with dual fiberglass leaf-spring wind deflection system, with extendable legs, direct-drive type leg releases, and be fitted with a rigid/roll-up type sign attachment. Bases shall be NCHRP-350 acceptable. Sign bases shall be equivalent to USA-Signs “Over-Size X-840 Series, Model X-841-DD”. 38. Stop/Slow Paddle System: The Stop/Slow Paddle system shall be complete with a 24” stop slow paddle and a 72” handle. The Stop/Slow sign shall be constructed of ABS plastic and the handle shall be constructed of PVC pipe. The Stop/Slow Paddle System shall be equivalent to USA-Signs Model FLH-2472. 39. Traffic Cones: Traffic Cones shall be fluorescent orange PVC with a black base. Cones shall be 28” high, wide-bodied with a release collar. Cones shall be equipped with 4” and 6” reflective stripes. Cones shall be equivalent to USA-Signs Model TC2-28-POH64. 40. Traffic Barrels: Traffic barrels or drums shall be orange in color, Hi-Density drums with 4 – 4” engineer grade reflective bands that alternate in color (orange and white). All barrels shall be equipped with a 25(±) pound tire ring base. Barrels shall be 36” in height and equivalent to USA-Signs Model DRUM-HD-9125. 41. Traffic Barrel Lights: Traffic barrel lights shall be equivalent to Cortina Barricade Light, 7” head, LED lamp type, model 03-10-3way-dc. 42. Safety Fence: Safety fence shall be orange in color. Safety fence shall be constructed of HDPE with a UV Stabilizer. Safety fence shall be 4 foot in height and supplied in 50 foot or 100 foot rolls. Safety fence shall be equivalent to SNO-GUARD Barrier Fence #14973-48-50 by Mutual Industries Inc. Philadelphia, PA. Franklin County’s “Highway Construction Materials” 23-0327-1 19 Lot IV - Work Zone Signage and Safety Bid Item Description Unit Pickup Price Delivered Price Per Unit 35a Roll-Up Work Zone Sign End Road Work Each 35b Roll-Up Work Zone Sign Road Closed Each 35c Roll-Up Work Zone Sign Mowing Ahead Each 35d Roll-Up Work Zone Sign End Mowing Each 35e Roll-Up Work Zone Sign Low Shoulder Each 35f Roll-Up Work Zone Sign Uneven Lanes Each 35g Roll-Up Work Zone Sign No Center Stripe Each 35h Roll-Up Work Zone Sign Road Work Ahead Each 35i Roll-Up Work Zone Sign One Lane Road Ahead Each 35j Roll-Up Work Zone Sign Shoulder Work Each 35k Roll-Up Work Zone Sign Men Working (Symbol) Each 35l Roll-Up Work Zone Sign Flagger Ahead (Symbol) Each 36 Standard Sign Base Each 37 Oversized Sign Base Each 38 Stop/Slow Paddle System Each 39 Traffic Cones Each 40 Traffic Barrels Each 41 Traffic Barrel Lights Each 42 Safety Fence (Minimum 5 Rolls) Roll Franklin County’s “Highway Construction Materials” 23-0327-1 20 LOT V TRAFFIC SIGNS, BLANKS, SHEETING AND ACCESSORIES SPECIFICATIONS AND REQUIREMENTS 43. Traffic Signs: Traffic signs shall be Aluminum signs with Type III high intensity prismatic sheeting meeting a minimum of ASTM D4956 specs for Type III. Speed limit signs shall have a blank number area for entry of appropriate number by the County Highway Department. BID FORM – Bid Item No. 43 Bid Item Federal No. Size Description Delivered Price Per Unit 43a NYR 2-3 24” x 30” Area Speed Limit 43b NYR 2-5 24” x 30” Village Speed Limit 43c W3-5 36” x 36” Speed Zone Ahead 43d W1-4L 30” x 30” Reverse Curve Left 43e W1-4R 30” x 30” Reverse Curve Right 43f W1-8L 18” x 24” Chevron Left 43g W1-8R 18” x 24” Chevron Right 43h W2-2R 30” x 30” Intersection Right 43i W2-2L 30” x 30” Intersection Left 43j R2-1 24” x 30” Speed Limit 43k W1-2L 30” x 30” Curve Left 43l W1-2R 30” x 30” Curve Right 43m W16-7P 24” x 12” Crossing Arrow 43n R1-1 36 Octagon Stop Sign Franklin County’s “Highway Construction Materials” 23-0327-1 21 44. Traffic Sign Blanks: All sign blanks shall be fabricated using 0.080 gauge new aluminum blanks. All blanks shall have standard mounting holes and radius corners as per Federal Manual of Uniform Traffic Control Devices, and shall be free of rough edges or burrs. BID FORM – Bid Item No. 44 Bid Item Federal No. Size Description Delivered Price Per Unit 44a 30” x 30” 44b 12” x 36” 44c 24” x 30” 44d 18” x 18” 44e 12” x 18” 44f 12” x 24” 44g 18” x 24” 44h 24” x 48” 44i 36” Octagon 44j 36” x 36” 44k S1-1 (Blank) 30” x 30” 44l M1-6 (Blank) 24” x 24” Franklin County’s “Highway Construction Materials” 23-0327-1 22 45. Vinyl Sheeting and Accessories: All sheeting Items are based on 3M Company Standards or equal. Companies bidding alternate products must provide samples of all items being bid. All sheeting items are to be placed by the roll. BID FORM – Bid Item No. 45 Bid Item Size Description Delivered Price Per Unit 45a 12” X 100’ TPM5 ECF TRANSFER TAPE 45b 30” x 50yds 7725-10 WHITE 45c 30” X 50yds 7725-12 BLACK 45d 36” X 50yds 7725-12 BLACK 45e 30” X 50yds 1172C RED ELECTRONIC CUTTABLE FILM 45f 36” X 50yds 1172C RED ELECTRONIC CUTTABLE FILM 45g 30” X 50yds 1177C GREEN ELECTRONIC CUTTABLE FILM 45h 36” X 50yds 1177C GREEN ELECTRONIC CUTTABLE FILM 45i 30” X 50yds 3930 WHITE HIGH INTENSITY PRISMATIC 45j 36” X 50yds 3930 WHITE HIGH INTENSITY PRISMATIC 45k 30” X 50yds 3931 YELLOW HIGH INTENSITY PRISMATIC 45l 36” X 50yds 3931 YELLOW HIGH INTENSITY PRISMATIC 45m 30” x 50yds 4083 FLOURESCENT YELLOW-GREEN DIAMOND GRADE CUBED REFLECTIVE 45n 36” X 50yds 4083 FLOURESCENT YELLOW-GREEN DIAMOND GRADE CUBED REFLECTIVE 45o 24” x 50 yds 3271 COMMERCIAL GRADE YELLOW REFLECTIVE SHEETING 45p 24” X 50 yds 3275 COMMERCIAL GRADE BLUE REFLECTIVE SHEETING 45q 36” X 50 yds 3279 COMMERCIAL GRADE BROWN REFLECTIVE SHEETING 45r 4” x 8” Yellow delineators 45s 4” x 8” White delineators 45t 5/16” Plastic washers 45u 5/16” Tuff nuts 45v 5/16” x 1-1/2” Bolts Franklin County’s “Highway Construction Materials” 23-0327-1 23 NOTE: By signing and submitting this bid for consideration by Franklin County, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. When awarded, the bid package becomes the "Contract Document". The Bidder's signature on the bid constitutes Bidder's agreement to the terms herein. Check bids submitted BID SUBMITTED LOT I – Bridge and Concrete Construction Materials _____________ LOT II - Roadway Paving and Pavement Repair Materials _____________ LOT III – Earthwork Construction Materials _____________ LOT IV – Work Zone Signage and Safety _____________ LOT V – Traffic Signs, Blanks, Sheeting and Accessories _____________ Vendor ____________________________________________ Authorized Signature _________________________________ Print Name _________________________________________ Address ___________________________________________ __________________________________________________ Phone ___________________________ Fax ________________________ Email _____________________________________________ Federal ID # ________________________________________ Franklin County’s “Highway Construction Materials” 23-0327-1 24 Franklin County Manager’s Office 355 West Main Street, Suite 456 Malone, New York 12953-1826 (518) 481-1695 G E N E R A L C O N D I T I O N S All proposals shall be made upon forms furnished by the Purchasing Department of the County of Franklin and shall be contained in sealed envelopes addressed to Franklin County Manager, Court House, Suite 456, 355 West Main Street, Malone, New York 12953-1826. BIDS 1. Form of proposal as issued by the Purchasing Department and shall be completely filled in by ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated. 2. Non-appropriations Clause: In accordance with NYS General Municipal Laws, Franklin County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the vendor agrees to hold the County harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. As such no contract becomes binding until the necessary funds have been approved for the fiscal year during which the contract is in effect. 3. Bidder must submit with bid detailed specifications, circulars and all necessary data on items he proposes to furnish. This information must show clearly that the item offered meets all detailed specifications herein. The Purchasing Agent reserves the right to reject any bid if its compliance with specifications is not clearly evident. If item offered differs from the provisions contained in these specifications, such differences must be explained in detail, and bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are to the best interests of the County of Franklin as interpreted by the County. 4. All prices quoted must be “per unit” as specified; e.g., do not quote “per case” when “per dozen” is requested; otherwise bid may be rejected. 5. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fraction. 6. The price submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the County. 7. Prices shall be net; including transportation and delivery charges fully prepaid by the successful bidder to destination indicted in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted. 8. Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums. 9. All bids received after the time stated in the “Notice to Bidders” may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. 10. In all specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or on any patented article. The decision of the County Purchasing Agent as to whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specifications of item he proposed to furnish. Otherwise, bid will be construed as submitted on the identical item as specified. 11. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Franklin County Manager, no later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all responses shall come from the County Manager in form of addenda to the specifications will send all such interpretations and any supplemental instructions to all bidders of record. All addenda so issued shall become a part of the contract documents. 12. The submission of a bid will be constructed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactory in complete compliance with the specifications. 13. If two or more bidders submit identical bids as to price, the decision of the Purchasing Agent to award a contract to one of such identical bidders shall be final. (General Municipal Law, sec 103. Sub 1). 14. It is the responsibility of the bidder to offer a product that meets the specifications of the manufacture model as listed. 15. See attached insurance requirements. Liability, workers compensation and disability coverage statements are required of all bidders. Automobile coverage is required from those who provide delivery. Bidders who use common carriers for delivery do not need automobile coverage statements. 16. In the event satisfactory bids are not received, the Purchasing Agent reserves the right to consider alternative proposals containing Franklin County’s “Highway Construction Materials” 23-0327-1 25 deviations from County specifications. Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued. SAMPLES 17. Samples, when required, must be submitted strictly in accordance with instructions, otherwise, may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within 10 days of the request, or as directed, for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned, provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The County will not be responsible for any destroyed or mutilated by examination or testing. The bidder at his expense shall remove samples. Samples not regarded as abandoned and the County shall have the right to dispose of them as its own property. AWARD 18. The County Purchasing Agent for the County of Franklin reserves the right to waive any and all formality or to reject any or all bids. 19. Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with specifications, the purposes for which required, and the terms of delivery. 20. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County Purchasing Agent. 21 Should the successful bidder fail to meet a delivery date required by the specifications, the Purchasing Agent may, at her discretion, cancel the order and terminate the contract. In such event, the County will assume no responsibility for any expense or loss to the successful bidder because of such cancellation or termination. 22. Should any material or equipment delivered fail to meet the specifications, the County Manager may, at his discretion require the vendor, in writing, to replace the same with materials or equipment which does meet the specifications and, at the vendor’s expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by vendor within 30 days, to cancel the order and terminate the contract, in which event the County will assume no responsibility for any expense or loss to the vendor because of such cancellation or termination. 23. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the County, or fails to make replacement of reject articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. The County reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the successful bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall not have claim to the difference. Such purchases will be deducted from contract quantity. 24. A contract may be cancelled at the successful bidder’s expense upon non-performance of the contract. DELIVERY 25. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear in order, it will be interpreted to mean prompt delivery. The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final. Regardless of delivery date, the pricing, terms, and conditions of the bid will be recognized as in effect on the date of order placement. 26. The County will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency. 27 Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, bailing, or sacks. 28. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving department will note for the benefit of successful bidder when packages are not received in good condition. Carton shall be labeled with purchase order or contract number, successful bidder’s name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods. 29 Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions of the County Manager. The successful bidder required to furnish proof of delivery in every instance. 30. If required within the bid specifications, unloading and placing of the equipment or furniture are the responsibility of the successful bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred by the County due to the failure of the successful bidder to comply with this requirement will be charged to the bidder. No help for unloading will be provided by the County, and suppliers should notify their truckers accordingly. 31. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered: Contract Name and/or Purchase Order Number Name of Article Item Number (if applicable) Quantity Name of Successful Bidder INSTALLATION OF EQUIPMENT Franklin County’s “Highway Construction Materials” 23-0327-1 26 32. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the building broomed clean, and everything in perfect repair and other. Old materials are the property of the successful bidder unless otherwise stated. 33. Equipment, supplies, and materials shall be stored at the site only on the approval of the County Purchasing and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material. 34. Work shall be progressed so as to cause the least inconvenience to the County and with proper consideration for the rights of other successful bidders of workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly 35. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required. 36. Equipment for trade-in shall be dismantle by the successful bidder and remove at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of the trade-in. All equipment is represented simply “as is”. Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified. GUARANTEES BY THE SUCCESSFUL BIDDER 37. The successful bidder guarantees: (a) His product against defective material or workmanship and to repair or replace any damages or marring occasioned in transit. (b) To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders. (c) To carry adequate insurance to protect the County from loss in case of accident, fire theft, etc. (d) That all deliveries will be equal to the accepted bid sample. (e) That the equipment is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one-year from date of delivery. If during this period, such faulty develop, the successful bidder agrees to replace the unit or the part affected without cost to the County. Any merchandise provided under the contract, which is or becomes defective during the guarantee-period, shall be replaced by the successful bidder free of charge with the specific understanding that all replacement shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately receiving notice from the County. SAVING CLAUSE 38. The Contractor shall comply with all the provisions of the laws of the County of Franklin, the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, the Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, in so far as the force and effect as if set forth at length herein. The bidder’s special attention is called to those laws, which are set forth below: 39. Section 103-d of the General Municipal Law of the State of New York, which reads as follows: “1. Every bid or proposal hereafter made to a political subdivision of the state of any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be lowing statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification. (a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purposes of restricting competition. (b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof which the bid is made, or her designee, determines that such disclosures was not made for the purpose of restricting competition. The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, Franklin County’s “Highway Construction Materials” 23-0327-1 27 does not constitute, without more, a disclosure within the meaning of sub-paragraph one (a). 2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.” 40. All vendors must comply with provisions of the Toxic Waste Right to Know Law and provide the County with any and all information as required by law. 41. All regularly manufacture stock electrical items must bear the label of the Underwriter’s Laboratories, Inc. 42. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified. All supplies, equipment, vehicles and materials must meet the provisions of the Occupational Safety and Health Act. 43. The non-collusion bidding certification following the form of proposal must be executed by the bidder and submitted with the proposal. 44. Franklin County reserves the right to terminate this contract on Information Sheet and Vendor Reference Sheet. These forms must be submitted with the proposal. 45. Faxed and/or emailed bids will not be accepted. 46. Any and all awards resulting from this bid shall be final and shall be for the complete term of the contract. No rescinding of awards will be made because of bidder error or inability to supply them. 47. Franklin County reserves the right to extend the term of this contract for any length up to sixty (60) days beyond the time herein specified as the expiration date of this contract at identical terms and conditions. Written notice will be given to the contractor. 48. Extension of Prices – Political Sub-divisions and districts and other authorized by law including certain non-profit agencies may participate in contracts resulting from this bid. Upon request, non-county agencies must furnish contractor(s) with the proper tax exemption certificate. 49. Political subdivisions and others authorized by law may participate in contracts resulting from this bid opening. Drug-Free Workplace Act of 1988 All Contractors providing property or services to Franklin County valued at $25,000 or more, or any Contractor participating in a project involving a grant from any federal agency must comply with all aspects of this law. The Drug-free Workplace Act of 1988 takes effect on March 18, 1989. The Act applies to a federal government contractor providing property or services valued at $25,000 or more, or any establishment receiving a grant from any federal agency. A covered federal contractor must certify to the contracting agency that it will provide a drug-free workplace. The Act requires each covered contractor to provide each employee a written statement informing employees that the manufacture, distribution, possession or use of controlled substances is prohibited in the workplace. The statement must specify the actions that will be taken for violations and that as a condition of employment the employee must abide by such statement and notify the employer of any conviction under a criminal drug statute for a violation occurring in the workplace within five days of such conviction. An employer who learns that an employee has bee convicted must notify the contracting agency with ten days of receiving notice of the conviction. In addition, the employer must discipline the convicted employee or require him to participate in a drug abuse assistance program. A government agency may terminate a contract if the contractor fails to comply with the Act or has so many employees criminally convicted for workplace drug violations that the agency believes the contractor is not making good faith effort to establish and maintain a drug-free workplace. Title VI of the Civil Rights Act of 1964 The County of Franklin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on Franklin County’s “Highway Construction Materials” 23-0327-1 28 the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Franklin, NYSDOT, or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the County of Franklin, NYSDOT, or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the County of Franklin, and the NYSDOT will impose such contract sanctions as it, or the Federal Highway Administration (FHWA) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the County to enter into any litigation to protect the interests of the County, and in addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 47123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). Legal Publications for Bids – 2023 Please be advised that for the year 2020 Franklin County will publish all public bids in the following newspapers by directive of the Franklin County Legislature: Malone Telegram Adirondack Enterprise 469 East Main Street 54 Broadway P. O. Box 69 P.O. Box 318 Malone, NY 12953 Saranac Lake NY 12983 It is the responsibility of the prospective bidders to read these publications and contact the County Manager’s Office if they wish to be included in vendor lists for bids published. Electronic Bids Franklin County does not have a program in place that will allow for the receipt of bids electronically. Bids need to be in a sealed envelope and delivered to the place listed on the cover page by the appropriate time. Any bids that are not delivered sealed and on time, will be rejected. 29 BID FORM BF-2 GENERAL INFORMATION SHEET NAME OF BIDDER: _____________ ______ DOING BUSINESS AS ______________________________________________ ADDRESS: FEIN/SSN _______________________________________________ DUN & BRADSTREET NO.______________________________________________ BID CONTACT PERSON _______________________________________________ BID MANAGER EMAIL _______________________________________________ SALES CONTACT PERSON______________________________________________ PHONE # FOR ORDERS _______________________________________________ E-MAIL FOR ORDERS ________________________________________________ FAX # FOR ORDERS ________________________________________________ TYPE OF ENTITY: CORP. PARTNERSHIP INDIVIDUAL If a non-publicly owned Corporation: NAME OF CORPORATION: LIST PRINCIPAL STOCKHOLDERS (holding over 5% of outstanding shares) LIST OFFICERS: __________________________________ ____________________ LIST DIRECTORS: ________________________________________________________________________________ DATE OF ORGANIZATION: ________________________________________________________________________________ If a partnership: PARTNERS: _______ NAME OF PARTNERSHIP: ______________________________ ______________ DATE OF ORGANIZATION: _________________________ ______________ • If the business is conducted under an assumed name, a copy of the certificate is required to be filed under the New York General Business Law must be attached. • A copy of your organizations W-9 must be included with your bid if it is not already on file from a previous bid submission. Franklin County’s “Highway Construction Materials” 23-0327-1 30 BID FORM BF-3 REFERENCE SHEET All bidders will be required to complete this form providing three references of the performance. References should involve projects and/or service situations of similar size and scope to this bid. References must have had dealings with the Bidder within the last thirty-six months. The County reserves the right to contact any or all of the references supplied for an evaluation of past before the actual award of the bid and/or contract. Completion of the reference form is required. If the County has ever contracted with the bidder in the past, the County is not to be included as a reference. Bidder’s Name: __________ ___ 1. Reference Name: ______________________________ Address: ________________________ Telephone: Contact Person ________________________ Email address ______________________________________________________________________ Similar type of project and completion date ______________________________________________________ 2. Reference Name: __________________ Address: __________________ Telephone: Contact Person _________________________ Email address _______________________________________________________________________ Similar type of project and completion date _______________________________________________________ 3. Reference Name: __________________ Address: __________________ Telephone: ___Contact Person ________________________ Email address ______________________________________________________________________ Similar type of project and completion date ______________________________________________________ Franklin County’s “Highway Construction Materials” 23-0327-1 31 BID FORM BF-4 CERTIFICATION OF NON-COLLUSION Name of Bidder: _____________________________________ I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any other competitor. 2. The bidder prior to the opening has disclosed neither the price(s) nor the amount of this bid. 3. No attempt has been made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intent ally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid case or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by a firm or person to refrain from bidding or to submit a complementary bid. 6. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm’s bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. 7. By submission of this bid I certify that I have read, am familiar with and will comply with any and all segments of these specifications. IRAN DIVESTMENT ACT AFFIDAVIT OF INDIVIDUAL OR ENTITY By submission of this Bid, each Bidder and each person signing on behalf of the Bidder certifies under penalty of perjury that: 1. I am submitting a bid to provide services and/or supplies on behalf of __________________________, with a physical address of __________________________________________________, to the County of Franklin pursuant to competitive bidding rules and regulations. 2. This bid is submitted pursuant to the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York , and New York State Finance Law (SFL), Section 165-a, effective April 12, 2012, and the regulations promulgated thereunder. This certification is made under penalty of perjury, for the purpose of showing that the bidder has no “investment activities in Iran”. 3. The bidder/contractor does hereby certify that it is not engaged in “investment activities in Iran” as defined by the laws of the State of New York; nor will it invest or participate in such activities during the terms of the contract. NEW YORK STATE SEXUAL HARASSMENT LAWS By submission of this Bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS Department of Labor and can be found here: https://www.ny.gov/programs/combating-sexual-harassment- workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace Franklin County’s “Highway Construction Materials” 23-0327-1 32 BID FORM BF-5 DISCLOSURE OF INTEREST Name of Bidder___________________________ This Section must be completed and submitted with the Bid submission. If no disclosure is required, check the space below. If the signer of this Bid, or any of the principal owners of, or persons in senior management positions with, the bidding firm (collectively the BIDDER) have any relatives and/or immediate family members that are currently an employee, board member, consultant or engages in any business or maintains any relationship with Franklin County, disclosure below is required. The Code of Ethics of the County of Franklin defines relative as "a spouse, parent, stepparent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a County officer or employee, and individuals having any of these relationships to the spouse of the officer or employee" and immediate family member as a "parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild". FOR COUNTY EMPLOYEES: Name of County Employee Job Title Relationship to Bidder FOR OTHERS WITH A RELATIONSHIP TO COUNTY: Name of Individual Relationship to County Relationship to Bidder Check below if Bidder DOES NOT have any relationship with the County:  No disclosure is required. Attach additional pages as required. Franklin County’s “Highway Construction Materials” 23-0327-1 33 BID FORM BF-6 ADDENDA ACKNOWLEDGMENT The Bidder acknowledges receipt of the following addenda, if applicable: Addendum Number Date Signature/Print Name Sign and return all addenda with your Bid. ----------------------------------------------------------------------------------------------------------------------- BIDDER’S CERTIFICATION In submitting this Bid, BIDDER represents, as more fully set forth in this Bid, that: a. BIDDER acknowledges that they have read, understand, and agree to all aspects of the terms and specifications as presented without reservation or alteration. b. When awarded, the bid package becomes the “Contract Document.” c. That the organization, its principals, and sub-recipients are not currently suspended or debarred from doing business with the Federal Government. d. The Bid is made without any connection to, or in collaboration with, any person making another Bid for the same Contract, and that the Bid is in all respects fair and without collusion or fraud. e. Have implemented a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment prevention training to all of its employees in accordance with New York State Labor law §201-g. Vendor ____________________________________________ Authorized Signature ____________________________________ Date ______________ Print Name _________________________________________ Address _________________________________________________________________ Phone ___________________________ Fax ________________________ Email _____________________________________________ Federal ID # ________________________________________ Subscribed to and sworn to before me This ______day of _______________, 22____ ______________________________________ Notary Public