Surface Treating 2026 02-20

Agency:	Wyoming County
State:	New York
Type of Government:	State & Local
NAICS Category:	332811 - Metal Heat Treating
Posted Date:	Feb 26, 2026
Due Date:	Mar 11, 2026
Solicitation No:	2026-13
Original Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

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Wyoming County Highway Department

4328 State Route 19 ꞏ Silver Springs, NY 14550 ꞏ (585) 786-8955

Devin Blue

County Highway Superintendent

Peter Myers

Deputy County Highway Superintendent

To: Prospective Bidders

RE: Bid Solicitation

February 20, 2026

Bids for the following items will be publicly opened and read aloud at 10:00 am on Wednesday, March 11, 2026 at the

Office of the County Superintendent of Highways. All bids must be placed in a sealed envelope and shall be clearly

marked in the bottom left corner of outside envelope “SEALED BID -

”. All materials being bid must meet the

specifications of the New York State Department of Transportation. It is the bidder’s responsibility that bids are received

by this office prior to the start of the bid opening. Late submissions for any reason will not be opened. No emailed or

faxed bids are accepted. Detailed information and specifications may be obtained by visiting or contacting the Office of the

County Superintendent of Highways to have them emailed. PDF versions of Bid Opportunities will be available on the

Wyoming County website until Bid Opening. If you plan to submit a sealed bid, please provide contact info and bids you

are interested in to Highway Office for any possible future addendums.

Asphaltic Concrete

Crack Fill

Crushed Aggregates (Gravel and Stone)

Fiber Reinforced Bituminous Membrane Surface

Fuel - Diesel

Highway Shoulder Removal

Jet-Vac Truck Service

Liquid Bituminous Materials

Pavement Markings - Extended

Portable Toilet – NEW bid

Ready Mix Concrete

Roadside Vegetation Control

Stone Fill

Surface Treating by contract

Ultra-Thin A/C Overlay

To guarantee the full and faithful performance of the contract, the bidder may be required to furnish a faithful performance

bond, issued by a Surety Company authorized to conduct business within the State of New York.

The County of Wyoming reserves the right to reject any or all bids for individual items or for items collectively.

Applicable bids shall comply with the prevailing rates for Wyoming County PRC# 2026004028. www.labor.state.ny.us

Wyoming County shall have the option of extending all bids for two (2) one-year periods upon mutual agreement.

All bids may be accompanied with some of the following signed documents: See individual bids for more details.

1) Non-Collusive Bidding Certificate 4) Certificate of Insurance complying with County’s insurance requirements

32)) Hold Harmless Certification

5) Iranian Energy Divestment Certification

4) Offer to Contract

6) NYSDOL Certificate of Registration

- The County of Wyoming reserves the right to utilize National Cooperative Contracts, NYS Office of General Services

(OGS) Contracts or other Municipal Contracts to procure any supplies, commodities, services or technology that are

available under those programs, which may include items or services included in the bid solicitation.

- Crushed aggregates, stone fill and asphaltic concrete are to be hauled from source in County Trucks and/or delivered by

suppliers, as specified.

- In purchase of above materials, where County Trucks are used for delivery, the County of Wyoming reserves the right to

purchase all or part of a season’s requirements from the source requiring the shortest haul to a destination, to obtain the

most advantageous total price to the County.

- The County of Wyoming reserves the right to make purchases of materials for specific projects during the year and to

make awards for such materials on the basis of separate bids where it appears in the best interest of the County to do so.

Very truly yours,

Devin Blue - Wyoming County Highway Superintendent

Wyoming County Highway Department

4328 State Route 19 ꞏ Silver Springs, NY 14550 ꞏ (585) 786-8955

Devin Blue

County Highway Superintendent

Peter Myers

Deputy County Highway Superintendent

BASE TERMS FOR ALL BID SOLICITATIONS

1. Executory Clause

Wyoming County shall have no liability under any contract or contracts or to anyone else beyond funds appropriated and

available for the purpose of this specification and resultant contract(s).

2. Assignability

The contractor shall not assign, transfer, convey, sub-contract, sublet or otherwise dispose of all or portions of this contract

(and/or work to be performed as a result of the contract) or its right, title, or interest to any other person, company,

corporation, without prior written consent of the Superintendent of Highways.

3. Extension of Contract Usage

Political subdivisions within New York State (Towns, Villages, School Districts and Fire Districts), as defined in Section

#103 of the General Municipal Law may participate in any contract awarded as a result of this bid document as long as it is

mutually agreed to by both parties. Responsibility, financial or otherwise, for purchase(s) made by other parties as a result

of the extension of this contract, shall not be borne by Wyoming County.

4. Contractor’s Failure to Comply

The contractor’s failure to perform in compliance with the bid award shall result in withholding of payment. The payment

shall be withheld until such times as the contractor fulfills its responsibilities. Compliance shall be determined by and to

satisfaction of Wyoming County. Such action would not necessarily preclude further initiatives on the part of Wyoming

County to protect and preserve its best interest.

5. Cancellation of Contract

Wyoming County reserves, as its right, to cancel the contract(s) resulting from an award of this bid solicitation at any time

during the contract period, without penalty to Wyoming County and without stated reason, by delivering a written ten (10)

day notice of intent to the contractor(s) or its representative(s). Said notification mailed to the contractor or its

representatives via the US Postal Service, First Class Mail shall be considered sufficient and delivered.

6. Contractor Registration Requirement (NYS Labor Law 220-i)

Effective December 30, 2024, all contractors submitting bids for or performing work for a municipality must be registered

with the New York State Department of Labor (NYSDOL) in accordance with Labor Law 220-i.

Contractors must be registered prior to submitting a bid or starting work. Proof of registration, in the form of a Certificate

of Registration issued by NYSDOL, must be provided to the County upon submission of each bid. Failure to comply may

result in rejection of bid.

7. Certified Payroll

Pursuant to Article 8 of the New York Labor Law, the Contractor and all Subcontractors shall maintain and submit certified

payroll records for all work performed under this Contract. Certified payroll transcripts shall be provided to the

Municipality within thirty (30) days of the first payroll and every thirty (30) days thereafter for the duration of the Work,

and as a condition of final payment. All payroll submissions shall comply with applicable New York State prevailing wage

requirements, including electronic submission requirements where mandated by law.

Wyoming County Highway Department

Surface Treating – Bid Specifications

The WYOMING COUNTY HIGHWAY SUPERINTENDENT and the PUBLIC WORKS COMMITTEE

will receive sealed bids at the highway office, for SURFACE TREATING BY CONTRACT. Bids will be

received up to 10:00 a.m. on March 11, 2026 when they will be opened and read. All bids must be

submitted in a sealed envelope marked

“Bid for Surface Treating by Contract from

(Specify Company).”

All bids must be submitted on bidding forms provided by the office of the Superintendent of Highways.

All bids must be submitted with a Certificate of Non-Collusion, which must be properly signed and dated.

All bids must be submitted with a Hold Harmless Clause. All bids will be submitted tax free.

All bids must be submitted with a Certificate of Liability Insurance as per Wyoming County insurance

requirements.

All bids must be submitted with a NYSDOL Certificate of Registration.

All bids must use the prevailing wage rates for Wyoming County PRC #2026004028.

(www.labor.state.ny.us)

The County Highway Department reserves the right to reject any or all bids.

Proposals that contain any omission, erasure, altercation, addition or items not called for in the itemized

proposal or that contain irregularities of any kind, may be rejected as informal.

Permission will not be given to withdraw, modify or explain any proposal or bid after it has been delivered

to the Highway Superintendent. It is mutually understood and agreed that the bidder shall not assign,

transfer, convey, sublet, or otherwise dispose of the contract or his right, title or interest therein, or his

power to execute such contract, to any other person, company or corporation, without the previous written

consent of the Highway Superintendent.

Prices bid shall remain in effect for one year and thereafter until thirty (30) days after receipt of written

notice of supplier’s intent to cancel or until public notice is published by the Highway Superintendent for

the receipt of new bids for items mentioned herein.

All quantities are indeterminate. All applied prices shall include delivery and necessary equipment to any

place in Wyoming County to be designated by the Superintendent of Highways or his authorized

representative.

The contractor shall comply with all the laws of the State of New York applicable to work involved and

shall not discriminate on account of race, color, creed or national origin in employment of citizens upon

public works.

The bidder shall conform to Section 220 of the New York State Prevailing Wage Rates for Wyoming

County as provided by the New York State Department of Labor, as contained in this proposal. The

supplier shall maintain appropriate payroll records on each employee and file a certified payroll weekly.

Each payroll record must be affirmed as true under the penalties of perjury, which means a notarized

signature to that effect. If during the period of the contract the low bidder is cited by the NYS Department

of Labor for a willful violation of the laws and regulations applicable to the services or supplies rendered

pursuant to this contract, the County shall have the option to deem the bidder irresponsible and any other

work will be awarded to the next low bidder and the original low bidder will be charged for the difference

in bid prices.

Failure of the contractor to supply materials within a reasonable time frame when and as needed or as

directed by the Superintendent of Highways will be deemed a declaration on the part of the contractor that

he does not intend to perform his contract and the County may then secure the type or types of material

elsewhere. The contractor will reimburse the County for any differential in charges between their bid and

the acceptable supplier for the materials.

When material furnished does not conform to specifications or is deemed unsatisfactory by the

Superintendent of Highways, material will be purchased from the next lowest bidder, and payment due will

be withheld and the contractor will be charged for all excess costs and all damage involved.

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Surface Treating by Contract

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Wyoming County Highway Department

On all purchases of materials, which are to be furnished and applied, the vender shall furnish certificates of

insurance covering his equipment as per attached County of Wyoming Insurance Requirements (under a

separate document)

GENERAL SPECIFICATIONS

INTENTION:

It is the intention of Wyoming County Highway Department to purchase the services of an

experienced contractor of the trade to surface treat selected highways of varying existing surfaces.

This work would be administered and closely monitored by the Wyoming County Highway

Department.

The terms Highway Superintendent and/or “Engineer”, as used in these specifications shall

represent the Commissioner of Public Works, Highway Superintendent, or other designated

official, or his designee(s). The Highway Superintendent/Engineer designee will be specified to

the contractor in the Notice to Proceed.

LOCATION:

The work to be performed under this contract will be at various locations within Wyoming

County.

SCOPE OF WORK:

The work covered by this specification consists of furnishing all equipment, labor, materials and

supplies necessary in connection with the application of a single bituminous surface treatment

upon the designated surface, in complete and strict accordance with the specifications contained

herein, or as specifically directed by the highway Superintendent. The bituminous surface

treatment shall consist of properly applied polymar modified asphalt emulsion and aggregate,

spread evenly on the surface, and compacted, as specified herein, and as directed by the Highway

Superintendent. The surface treatment, when cured, shall have a homogeneous appearance, fill all

cracks, and adhere firmly to the adjacent surface, and shall have a skid resistant texture.

The contractor shall work from a list of highways and their locations provided by the Highway

Superintendent.

GENERAL CONDITIONS OF WORK:

It is the responsibility of the contractor to make on-site inspections and determine the porosity and

texture of the highways to be surfaces. No extra payment will be made to the contractor for any

costs incurred due to increased porosity or texture of the existing pavement.

QUANTITY OF WORK:

The quantity of work to be performed under this contract is indeterminate. Exact quantities will

be determined from the list of highways provided by the Highway Superintendent.

BID PRICE PER SQUARE YARD:

The unit price per square yard shall include all labor, all equipment and supplies necessary to

complete the work EXCEPT:

a. The bituminous material will be paid for under its appropriate item in gallons at 60 degrees F

actually used.

b. The aggregate material stockpiled in close proximity to the projects, along with the loading of

the hauling trucks will be provided by Wyoming County.

MEASUREMENT AND PAYMENT:

The bituminous surface treatment shall be measured and paid for by the square yard completed

and accepted as designated by the Highway Superintendent.

The following must be performed and submitted to the Highway Superintendent PRIOR TO the

bituminous surface treatment application.

a. One (1) measurement of highway length and width. This measurement shall include

intersections.

b. Recommended application rates of liquid asphalt emulsion and aggregate per square yard.

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Surface Treating by Contract

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Wyoming County Highway Department

The Highway Superintendent reserves the right to question and/or reject the Contractor’s method

of measurement and application recommendations if he feels that in any way, they are vague, non-

descriptive, unrepresentative or incorrect.

TIME FOR COMPLETION:

The work which the Contractor is required to perform under this contract shall be commenced by

the time stipulated by the Highway Superintendent in his Notice to Proceed to the Contractor and

shall be fully completed within thirty (30) calendar days from date specified in the Notice to

Proceed. All work must be completed no later than October 1, 2026.

LIQUIDATED DAMAGES:

Completing the work within the time specified herein in necessary and vital for efficient and

proper operation of the Highway department. The liquidated damages herein prescribed are

established as a reasonable approximation of the additional costs and expenses, which will be

incurred by the Highway Department for failure to complete the work on time. Said sum, in view

of the difficulty of accurately ascertaining the actual loss to the Highway Department by delay in

delivery is hereby fixed and agreed upon the parties hereto. Said Contractor further agrees that the

said Highway Department shall, and is hereby authorized to, deduct and retain out of the monies

which may be due, or may become due him under this agreement, the sum of five hundred

($500) per calendar day as liquidated damages for each and every calendar day the aforesaid work

may be uncompleted over and beyond the time herein stipulated for its completion, said sum in no

way to be considered a penalty, provided however, that the said Highway Superintendent shall

have the right to extend the time for completion of said work, if he should decide to do so.

BIDDER QUALIFICATIONS:

The Highway Superintendent may require the bidder to show evidence of his company’s

qualification of his company’s qualification in this bid proposal to award of any contract.

GUARANTEE:

A two (2) year guarantee for defective or inferior material and/or workmanship shall apply to the

work covered by this contract

DAMAGE:

Payment shall be made to the Contractor for repair or replacement of any permanent element of

the highway which is completed to the stage of serving its intended function and is subsequently

damaged was cause by a public traffic accident and not by vandalism or by the Contractor’s

equipment. Satisfactory evidence shall generally by limited to: accident reports filed with the

Motor Vehicle Department, Police Agencies, or insurance Companies; statement by reliable,

unbiased eye witnesses; identification of the vehicle involved in the accident. Physical evidence

that the damage was caused by a motor vehicle (such as tire marks or broken headlight glass) will

not be sufficient unless it can be shown that the damage was not caused by the Contractor’s

vehicles or by vandalism.

Work for which there is a bid item will be paid for at the unit price for that item. Work for which

there is no bid item, will be paid for at an agreed price or by means of force account. Payment

will not be made for repair or replacement in any way connected with untimely failure of any

portion of the highway under public traffic, and the determination regarding this matter shall be

made by the Highway Superintendent, taking into consideration the normal life and the amount of

normal wear of the element involved. This provision does not relieve the Contractor of the

responsibility of having a wholly complete and acceptable job at the time of final inspection and

acceptance of the entire contract. Payment for such damage shall be made only after the

Contractor has demonstrated to the satisfaction of the Highway Superintendent that he has made

every reasonable effort to collect the costs from the person or persons responsible for the damage.

PRICE ADJUSTMENTS:

Will be based on the New York State Department of Transportation standard procedures. Use the

November, 2025 average as $638.00 per ton. See Item 23 (Price Adjustment) in the Liquid

Bituminous Materials specifications for details.

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Surface Treating by Contract

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This page summarizes the opportunity, including an overview and a preview of the attached documents.

Surface Treating 2026 02-20

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See Also

Bid Number:	2026-13
Bid Title:	Surface Treating 2026 02-20
Category:	Highway Bids
Status:	Open