Document Cortlandcountyny_doc_175fe42e03

1 2016 CORTLAND COUNTY HIGHWAY DEPARTMENT SPECIFICATIONS AND BID FORMS RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION GENERAL: This specification is for Contractor supplied materials, labor, supervision and equipment for performing pavement recycling and base stabilization processes on various County roads. The Contractor supplied materials, equipment, labor and overall operations shall meet the requirements more specifically outlined in the specifications listed below. PREVAILING WAGES AND SUPPLEMENTS The Contractor shall conform to Section 220 of the New York State Prevailing Wage Rates for Cortland County as provided by the New York State Department of Labor, as contained in this proposal. The Prevailing Wage Rate document to be used is available for viewing at the following web link: http://www.cortland-co.org/Highway/index.htm, under link entitled “Material and Service Bids”. The Contractor 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 Contractor is cited by the NYS Department of Labor for a willful violation of the laws and regulations applicable to the bidding process, pricing policies, or in any way applicable to the services or supplies rendered pursuant to this contract, the County shall have the option to deem the Contractor irresponsible and in breach of contract. The County may then award the work to a different contractor. CONTRACT AND INSURANCE If awarded the contract and prior to beginning any work, the Contractor shall be required to execute the County of Cortland’s Standard Contract Agreement and provide the County of Cortland proof of insurance coverage as listed in the Standard Contract Agreement. Notice is hereby given that Cortland County requires said insurance coverage by way of a Certificate of Insurance naming the County of Cortland as an additional insured party. A Sample of the County’s Standard Contract Agreement Form is available at the following web link: http://www.cortland-co.org/Highway/index.htm, under link entitled “Material and Service Bids”. CONTRACT TERM AND EXTENSION OF BID PRICES: The prices quoted here in shall remain in effect from May 1, 2016 through April 30, 2017 and thereafter until 30 days after receipt of written notice of a Contractor’s intent to cancel or until public notice is published by the County of Cortland for the receipt of new bids for items mentioned herein. The County reserves the right to extend this contract, upon mutual agreement with the successful bidder, for three additional one-year periods. ---PAGE BREAK--- 2 SPECIFICATIONS FOR RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION DESCRIPTION: This work shall consist of cold recycling of existing bituminous pavements using High-Float Emulsions or Liquid Calcium Chloride with reclaimed asphalt pavement (RAP) in such proportions as determined by the Superintendent of Highways according to any of the options listed below. MATERIALS 1. Bituminous Materials: The High-Float Emulsions shall be compatible with anionic emulsions and conform to the requirements of the Table HFRE-1, attached. 2. Liquid Calcium Chloride: The Liquid Calcium Chloride shall be provided in a true solution, and not be constituted from flaked or pelletized calcium chloride. Liquid calcium chloride shall be supplied as a mixed solution, which upon analysis shall show not less than 35% 1% calcium chloride. 3. Liquid Magnesium Chloride: The Liquid Magnesium Chloride shall be provided in a true solution, and not be constituted from flaked or pelletized magnesium chloride. Liquid magnesium chloride shall be supplied as a mixed solution, which upon analysis shall show not less than 32% 1% magnesium chloride. TABLE 1 COMPOSITION OF COMPLETED RECYCLED ASPHALT MIXTURE TYPE 3 GENERAL MIXTURE REQUIREMENTS LIMITS % SCREEN SIZE PASSING 2” 100 90-100 ½” 60-90 ¼” 36-74 1/8” 25-62 80 4-16 200 2-8 BITUMINOUS MATERIAL % OF RESIDUAL BITUMEN 4.5-7.0 NOTES: Aggregate percentages are based on total weight of aggregate. The bitumen content is based on the total weight of the mix, exclusive of water or oil distillate. ---PAGE BREAK--- 3 TABLE 2 TESTED ON ABSON RECOVERY OF COMPLETED RECYCLED ASPHALT MIX Minimum Maximum Penetration, 77 F 100g. 5 sec 60 200 Solubility in trichlorcethylene, % 99.0 Ductility, 60 F, 5 cm/mm, cm 40 Flash Point. F 350 Loss on Heating, % 1.5 2. Aggregates: The mineral aggregate shall conform to the requirements set out in the following reference subsections in the NYSDOT Standard Specifications dated May 1, 2008: Fine Aggregate 703.01 Coarse Aggregate 703.02 CONTRACTOR QUALIFICATIONS: 1. Contractor shall have access to a complete and permanently operating manufacturing plant with facilities located within a reasonable delivery distance to job sites. 2. Operator of plant facilities shall have a minimum of two years’ experience in the production of the type of material specified to insure proper mixtures and satisfactory service. 3. Contractor shall be prepared, upon twelve (12) hours’ prior notice, to supply all required High-Float Emulsions at temperatures requested by the Cortland County Highway Department for the specific job. 4. The bidder shall own, operate and maintain a working laboratory at the plant. The laboratory shall be equipped with all equipment necessary to perform all specified tests on the emulsion sample and recycled asphalt pavement (RAP) material. The laboratory shall be operated by a full time qualified technician and shall be available for use by any highway department personnel. In addition, the laboratory shall also include sufficient equipment to test aggregates and mixes required by NYSDOT materials method The Highway Department, at its own cost, may at any time have samples tested by a certified independent testing laboratory DESIGN CERTIFICATION AND DEMONSTRATIONS: 1. Prior to commencing any mixing work, the successful bidder shall sample the recycled asphalt pavement (RAP) to be used on the project. The RAP material shall then be extracted by standard ASTM methods and as a minimum, the following shall be determined: A. Percent asphalt residue in RAP B. Penetration of aged asphalt in RAP C. Sieve analysis of aggregate in RAP D. Percent HIGH-FLOAT EMULSION needed to be added to bring the aged asphalt in RAP to desired penetration. ---PAGE BREAK--- 4 2. After analyzing the RAP material, the supplier shall then submit a certified, recommended job mix formula to the Superintendent of Highways. The recommended job mix should include the following as a minimum: A. Complete analysis of RAP material B. Percent RAP material to be used C. Percent and type of virgin aggregate to be added, if any D. Combined aggregate gradation E. Percent of asphalt residue in finished mix F. Percent of emulsion to be added G. Type and percentage of standard emulsion to be blended with HIGH-FLOAT EMULSION, if any H. Target or design penetration of finished mix I. Test on residue from Abson Recovery of Completed Recycled Asphalt Mix (RAM) as required in Composition of Completed Recycled Mixture section J. Design density (lb./c.y.) of final compacted mix. Acceptance of the job mix formula by the Superintendent of Highways is solely for the purpose of quality control and in no way releases the contractor from his responsibilities. 3. Either during or immediately after construction, the contractor shall provide to the Superintendent of Highways complete certified test analysis of all job mix formula parameters as outlined above and listed in Tables 1 & 2, on the completed cold recycled mixture, including in-place density measurement tabulations. OPTION A CENTRAL PLANT MIXING DESCRIPTION: Under this option, the supplier/contractor will provide the equipment specified, high-float emulsion, testing & certification, supplies & labor, to grind, mix and place the Recycled Asphalt Pavement. 1. Grinding. The equipment for grinding and profiling the pavement surface shall be a power operated planing machine or grinder capable of removing, in one pass, a thickness of asphaltic concrete necessary to provide profile, cross slope, and desired texture uniformly across the entire pavement surface up to ten (10) inches depth of pavement in one pass. Minimum drum cutting width shall be 6 feet and 6 inches – The equipment shall be self-propelled with sufficient power, traction, and stability to maintain accurate depth of cut and slope. The cutting drum shall have bi-directional cutting capability in order to control chunk size meeting the following gradation: Chunk Size Gradation Sieve Size Percent Passing 3” 100 2" 95-100 #200 0-12 In addition, the machine shall be so designed that the drum is capable of cutting with a zero side clearance on at least one side. The reclaimed material will be discharged to the front of the machine onto a 24” - 36" pick-up conveyor belt. This conveyor will either windrow ---PAGE BREAK--- 5 material behind the machine and clear of the tracks or transfer material to a minimum 24" wide truck- loading conveyor. The equipment shall be capable of accurately and automatically establishing profile grades along each edge of the machine (within by referencing from the existing pavement by means of a ski or matching shoe or from an independent grade control and shall be controlled by an automatic system for controlling grade elevation and cross slope at a given rate. The machine shall be equipped with means to control dust and other particulate matter created by the cutting action. The speed of the machine shall be variable in order to leave the desired grid pattern surface texture. Determination of the type of carbide milling teeth shall be the sole discretion of the using agency if the intended milled surface is to be used as a serviceable riding texture for an indeterminate time. The pavement surface shall be removed to the depth, width, grade and cross section as directed by the Superintendent of Highways. The Superintendent of Highways may require that the pavement planing operations be referenced from an independent grade control in those areas where he deems this type of control to be appropriate. For this type of operation, the independent grade control shall be established and maintained by the contractor in a manner acceptable to the Superintendent of Highways, and the final position of same shall be acceptable to the Superintendent of Highways. In the event the entire pavement width along a section of highway has not been planed to a flush surface by the end of a 2-day work period, resulting in a vertical or near vertical longitudinal face exceeding 1-1/4" in height, this longitudinal face shall be sloped in a manner acceptable to the Superintendent of Highways (1:6 maximum slope measured perpendicular to roadway centerline) so as not to create a hazard to traffic using the facility during periods when construction is not in progress. Transverse faces that are present at the end of a working period will be tapered in the manner approved by the Superintendent of Highways (1:50 maximum slope measured along roadway centerline) to avoid creating a hazard for traffic. The loose material resulting from the operation shall remain the property of the Highway Department. The grindings will not be stockpiled higher than 10 feet 2. Mixing. Reference subsection 405-3.02 of the NYSDOT Standard Specifications, January 2, 2002, with addenda, relating to equipment to be used for mixing. Mixing shall be done with a rotating twin paddle shaft pugmill providing suitable pressure-kneading action in mixing. Mixing by blading, shoveling and/or scooping will not be permitted. The mixer shall be either a central continuous or batch type pugmill designed to accurately proportion either by volume or by weight, so that when the aggregate and bituminous materials are incorporated in the mix, a thorough and uniform coating will result. The mixer shall be equipped to mechanically or electrically interlock the bituminous feed with the aggregate feed such that uniformity of the mixture is assured at all times. The pugmill mixer shall be provided with weighing, volumetric or other gauging equipment, which shall be capable of providing accurate control at all times of the amount of aggregate and/or RAP material entering the mixer per time interval. The mixer shall be equipped with a positive displacement metering system capable of totalizing the quantity of bituminous material applied to the mixing chamber. The aggregate feed system must contain a minimum of two compartments or bins; each compartment or bin shall have adjustable feed gates so that the RAP material and virgin aggregate, if needed, can be proportioned at the specified rate. The capacities of the cold feed bins shall be sufficient to maintain a continuous flow of material. Each bin shall be approved by the Superintendent of Highways or his representative prior to commencing any work. 3. Placing: Bidder shall bid rental rate for Barber-Greene BG-260B bituminous paver, or equal, which will be used in placing the RAP. The paver shall be equipped with a screed that is ---PAGE BREAK--- 6 fully extendible from 10 feet to 19 feet 6 inches. Heat and vibration shall be provided for the full-extended width. The extenders shall have independent slope control and on the go capabilities to change width and slope. The bituminous paver shall be furnished with two competent operators. 4. Compaction: Bidder shall also bid, as an option, rental rate for Ingersol – Rand Model DD- 110 compaction roller, or equal, which will be used in compacting the pavement mat to at least 95% of the design density. The roller shall be furnished with a competent operator. Bidder shall also bid, as an option, rental rate for a Caterpillar Model PS300B pneumatic tired roller, or equal, intermediate compaction roller with a competent operator. HIGHWAY DEPARTMENT RESPONSIBILITIES: 1. Purchase, deliver, and stockpile any aggregate, if required. 2. Provide maintenance and protection of traffic. 3. Supply sufficient trucks to haul RAP or recycled material. 4. Furnish suitable stockpile area with adequate room for mixing and stockpiling. 5. Furnish loader(s) and operator(s) to stockpile RAP and charge pugmill mixer during mixing operation. 6. Load and haul RAP mix from mixing site to paver. 7. Supply water. 8. Compact the recycled pavement. 9. Provide proper notification for the project to “Dig Safely NY” in conformance with applicable law. CONTRACTOR RESPONSIBILITIES: 1. Do all other work specified including grinding, pugmill mixing and placing the recycled pavement. OPTION B IN-PLACE RECYCLING (Cold) DESCRIPTION: Under this option, the supplier/contractor will provide all necessary equipment, emulsion and/or rejuvenating agent, testing and certification, aggregate (if required), and manpower to grind, mix, place, and compact recycled asphalt pavement. All materials, testing, design, certification, gradation demonstration, and aggregate provisions as specified shall apply. NOTE: In 'Design, Certification and Demonstration' the RAP will be read as 'sampling cores' for in-place recycling. 1. Grinding, Mixing and Placing . The equipment for grinding, mixing and profiling the pavement surface or surfaces shall be a power operated, planing machine or grinder. Said equipment shall be capable of grinding and mixing, in one pass, a thickness of existing asphaltic concrete and stone aggregate necessary to provide profile, cross slope, and desired texture uniformly across the entire pavement surface up to seven inches deep and a minimum of 10 feet 6 inches in one pass. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain accurate depth of cut and slope. The cutting drum shall have bi-directional cutting capability in order to control chunk size meeting the following gradation: ---PAGE BREAK--- 7 Chunk Size Gradation Sieve Size Percent Passing 3” 100 2" 95-100 #200 0-12 The reclaimed material will be discharged to the rear of the machine. The equipment shall be capable of accurately and automatically establishing profile grades along each edge of the machine (within by referencing from the existing pavement by means to of a ski or matching shoe or from an independent grade control and shall be controlled by an automatic system for controlling grade elevation and cross slope at a given rate. The machine shall be equipped with means to control dust and other particulate matter created by the cutting action. The speed of the machine shall be variable in order to leave the desired grid pattern surface texture. Determination of the type of carbide milling teeth shall be the sole discretion of the using agency if the intended milling is to be used as a serviceable riding texture for an indeterminate time. When grinding/mixing in place, if it is necessary to add additional aggregate to meet gradation or depth requirements, the proper aggregate shall be placed in a uniform layer over the existing surface at the proper rate prior to the grinding, mixing and application of High- Float Emulsion and/or rejuvenating agent. The grinder/mixer shall be equipped with a stabilization package, consisting of an asphalt pump, totalizing meter and a spray bar mounted within the mixing chamber. The asphalt pump shall be mechanically or electrically interlocked with the ground speed of the machine. The recycled mixture shall then be deposited directly into the hopper of a paver or into a windrow behind the mixer and then elevated into the hopper of a paver. The paver shall be capable of maintaining proper grade and cross slope so as to produce the specified thickness of material and a uniform cross section after compaction. Paver to be a Barber-Greene SB-265B or equal equipped with automatic transverse slope and longitudinal grade screed controls. The paver shall be equipped with a screed that is fully extendible from 10 feet to 19 feet 6 inches. Heat and vibration shall be provided for the full-extended width. The extenders shall have independent slope control and on the go capabilities to change width and slope. The Contractor shall provide stone spreading equipment capable of proper rate of placement of any aggregates required. This equipment shall be operated by Contractor’s forces and shall be of a type that provides for efficient and timely unloading of County hauled aggregate. 2. Compacting. The Contractor shall provide the following compaction equipment with competent Operators: • One Ingersoll – Rand Model DD-110 double drum vibratory compaction roller, or equal, which will be used in compacting the pavement mat to at least 95% of the design density followed by • One 25- Ton Caterpillar Model PS300B pneumatic tired roller, or equal, for the intermediate pass. • Finish rolling will be accomplished by means of an Ingersoll – Rand Model DD-110, or equal, used in the static mode. HIGHWAY DEPARTMENT TO: ---PAGE BREAK--- 8 1. Provide maintenance and protection of traffic. 2. Furnish and haul to job site any additional aggregate required. 3. Provide proper notification for the project to “Dig Safely NY” in conformance with applicable law. CONTRACTOR TO: 1. Uniformly place any required aggregate which is hauled to project site. 2. Do all other work specified including grinding, mixing, placing and compacting the recycled pavement. 3. If required by municipality, provide Maintenance and Protection of Traffic in accordance with the current NYS MUTCD and as approved by the Highway Superintendent. 4. If required by municipality, provide and haul required aggregate on a per ton basis. A two-year guarantee for defective or inferior material and/or workmanship, under terms set forth below, shall apply to the work covered by this contract. OPTION C PARTIAL DEPTH BASE STABILIZATION DESCRIPTION: Under this option, the supplier/contractor will provide all necessary equipment, Bituminous emulsion, liquid Calcium Chloride, liquid Magnesium Chloride, testing and certification of materials, aggregate (if required), and manpower to place aggregate, grind and mix a partial depth stabilized base course. The stabilized course shall consist of the in-place recycled asphalt pavement mixed with added aggregate and a stabilizing agent which is recycled and mixed together to form the base course material. The resulting mixture shall be discharged in a windrow behind the pavement recycling grinder. County Forces shall then regrade and compact the resulting base course material. All materials, testing, design, certification, gradation demonstration, and aggregate provisions (if required) as specified shall apply. NOTE: In 'Design, Certification and Demonstration' the RAP will be read as 'sampling cores' for partial depth base stabilization. 1. Grinding and Mixing. The equipment for grinding the existing pavement surface and aggregate and mixing shall be a power operated, planing machine or grinder or reclaimer. Said equipment shall be capable of grinding and mixing, in one pass, a thickness of existing asphaltic concrete and stone aggregate necessary to provide profile, cross slope, and desired texture uniformly across the entire pavement surface up to eight inches deep in one pass. The equipment shall be self-propelled with sufficient power, traction, and stability to maintain accurate depth of cut and slope. The cutting drum shall have a minimum width of 10 feet and 0 inches (10’ – and shall have bi-directional cutting capability in order to control chunk size meeting the following gradation: TABLE 3 ---PAGE BREAK--- 9 COMPOSITION OF COMPLETED STABILIZED BASE COURSE MIXTURE GENERAL MIXTURE REQUIREMENTS LIMITS % SCREEN SIZE PASSING 3” 80-100 2” 60-100 1/4'' 30-65 40 5-40 200 0-15 NOTES: Aggregate percentages are based on total dry weight of aggregate. The reclaimed and mixed material will be discharged to the rear of the machine. The equipment shall be capable of accurately and automatically establishing profile grades along each edge of the machine (within by referencing from the existing pavement by means to of a ski or matching shoe or from an independent grade control and shall be controlled by an automatic system for controlling grade elevation and cross slope at a given rate. The machine shall be equipped with means to control dust and other particulate matter created by the cutting action. The speed of the machine shall be variable in order to leave the desired gradation of mixed material. When grinding/mixing in place, if it is necessary to add additional aggregate to meet gradation or depth requirements, the proper aggregate shall be placed in a uniform layer over the existing surface at the proper rate prior to the grinding, mixing and application of High- Float Emulsion or liquid Calcium Chloride. The grinder/mixer shall be equipped with a stabilization package, consisting of an asphalt pump capable of applying the desired stabilizing agent, totalizing meter and a spray bar mounted within the mixing chamber. The asphalt pump shall be mechanically or electrically interlocked with the ground speed of the machine. Other methods of controlling rates of application through the grinder/mixer may be approved by the Superintendent of Highways, however, in any event the application of the stabilizing agent must be made through the use a spray bar mounted within the mixing chamber. The Contractor shall provide stone spreading equipment capable of proper rate of placement of any aggregates required. This equipment shall be operated by Contractor’s forces and shall be of a type that provides for efficient and timely unloading of County hauled aggregate. ---PAGE BREAK--- 10 HIGHWAY DEPARTMENT TO: 1. Provide maintenance and protection of traffic. 2. Furnish and haul to job site any additional aggregate required. 3. Grade and compact stabilized material 4. Provide proper notification for the project to “Dig Safely NY” in conformance with applicable law. CONTRACTOR TO: 1. Uniformly place any required aggregate hauled by County Trucks. 2. Do all other work specified including grinding and mixing the stabilized base. 3. If required by municipality, provide Maintenance and Protection of Traffic in accordance with the current NYS MUTCD. 4. If required by municipality, provide and haul required aggregate on a per ton basis. A two-year guarantee for defective or inferior material and/or workmanship, under terms set forth below, shall apply to the work covered by this contract. GENERAL PROVISIONS: a. Materials and Workmanship: The Bidder/Contractor warrants, for a period of two years from the completion of the work, that the bituminous material or liquid calcium chloride supplied by the Bidder/Contractor and/or used in the production of the work and the workmanship in the application of materials by the Bidder’s/Contractor’s agents and employees shall be free from defects as determined by the Cortland County Superintendent of Highways. The contractor will not be responsible for subbase and subsurface failures below the depth of the stabilized base, as determined by the Cortland County Superintendent of Highways. b. Recommendations: The Bidder/Contractor shall make specific recommendations to the Highway Superintendent or his designee regarding: 1) application rates to be used for liquid bituminous material, liquid calcium chloride, aggregates and mixtures; 2) aggregate gradation and acceptability; 3) proper procedures and techniques for each project; and 4) other information deemed by the Bidder/Contractor to be pertinent to the completion of the work. c. Obligation of the Highway Department or Other Contracting Agency. 1. The Contracting Agency shall be solely responsible for all structural, subgrade and drainage conditions of the pavement or stabilized base structure and conditions associated therewith and arising therefrom except for that portion of the pavement structure containing the recycled pavement as specified herein; 2. The Contracting Agency, its agents, contractors and employees shall fully conform with procedures and techniques established by the New York State Department of Transportation for use and application of liquid bituminous and liquid calcium chloride materials for surface treating and cold mix work. 3. The Contracting Agency, its agents, contractors and employees shall fully comply with all recommendations provided by the Bidder/Contractor. 4. The County Highway Department hereby specifies that the top surface wearing course treatment for all pavement structures to be recycled under Options A and/or B of this specification, as a minimum, shall be a single-course liquid bituminous/aggregate surface treatment, a slurry seal treatment or a microsurfacing treatment or a combination thereof. ---PAGE BREAK--- 11 5. The County Highway Department hereby specifies that the top surface wearing course treatment for all stabilized base structures under recycled under Option C of this specification shall be a two-course liquid bituminous/aggregate surface treatment. d. Conditions to the Bidder/Contractor Obligation: The Bidder/ Contractor shall be relieved of all liability and obligations under this guarantee: 1) with respect to any failure or defect caused by pavement structure deficiencies except for that portion of the pavement or stabilized base structure containing the recycled pavement as specified herein; 2) with respect to any failure or defect in application performed by someone other than the Bidder/ Contractor, its authorized agents or employees; 3) in the event of failure of the Contracting Agency, its agents, contractors, or employees to fully perform the Contracting Agency's obligations set forth in paragraph c. above. e. Remedies: The Bidder's/Contractor’s liability under this Guarantee is limited to the replacement of all bituminous or liquid calcium chloride material (with similar material free from the defect in question), and to supply all labor and equipment of like kind to that originally used in its expense of any defective material or workmanship which became apparent and of which the Bidder/Contractor is given notice in writing within two years of the date of completion of the work. The Bidder/Contractor shall make such replacements of all bituminous or liquid calcium chloride material and shall supply labor and equipment of like kind to that originally used with reasonable care and dispatch. DAMAGES: 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 by accident by public traffic. The Contractor must supply satisfactory evidence that such damage was caused by a public traffic accident and not by vandalism or by the Contractor’s equipment. Satisfactory evidence shall general by limited to: accident reports filed with the Motor Vehicle Department, police agencies or insurance companies; statements 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 broker 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 not a 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 maintenance and protection of traffic for the contract or 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 persons responsible for the damage. ---PAGE BREAK--- 12 MEASUREMENT: OPTION A: Planing / Grinding work prescribed by this option will be measured as the number of square yards per day of surface area planed / ground at the respective actual depth of existing asphalt pavement recycled. Square yard calculations will be based on dimensions determined from neat line measurements of the actual area planed / ground as authorized. All bituminous material shall be measured by the gallon. Mixing (Pugmill), Placing (Paver) and Compaction (Roller) equipment with operators shall be measured on a per day basis. OPTION B: Recycling work prescribed by this option will be measured as the number of square yards per day of surface area planed / ground at the respective actual depth of existing asphalt pavement recycled by the grinder head. Square yard calculations will be based on dimensions determined from neat line measurements of the actual area planed / ground as authorized. All bituminous material shall be measured by the gallon. Maintenance and Protection of Traffic shall be measured on a per day basis. Hauling of add aggregate shall be measured on a per ton basis. OPTION C: Stabilization work prescribed by this option will be measured as the number of square yards per day of surface area planed / ground at the respective actual depth of existing asphalt pavement stabilized by the reclaimer head. Square yard calculations will be based on dimensions determined from neat line measurements of the actual area planed / ground as authorized. All bituminous material, Calcium Chloride or Magnesium Chloride shall be measured by the gallon. Maintenance and Protection of Traffic shall be measured on a per day basis. Hauling of add aggregate shall be measured on a per ton basis. BASIS OF PAYMENT: The work performed as prescribed by the various items, measured as provided under MEASUREMENT, will be paid for at the unit price bid per unit of measure as follows: OPTION A: The price bid per square yard for milling shall include all labor and equipment for cold milling various county highways in accordance with the specifications for Option A, loaded onto County Trucks. The price bid per day for the bituminous paver shall include two operators, fuel, and all ---PAGE BREAK--- 13 necessary supplies. The price bid per gallon of additive shall include the High-Float Emulsion, testing, storage, hauling, labor and supplies as specified. The price bid per day for Compaction equipment shall include the specified pavement compaction rollers with competent operators and Density testing as per specifications for Option A. The price bid per day for the Rotating Twin Shaft Pugmill shall include the pugmill and all testing, labor, fuel and necessary supplies. OPTION B: The price bid per square yard shall include all labor, equipment and supplies for in-place recycling of various county highways in accordance with the specifications for Option B. The operation shall be capable of spreading required aggregate hauled to the project road site, grinding, mixing, placing and compacting the recycled material, as specified, using the equipment specified at the desired width and depth in one pass while producing a finished product meeting all material requirements of the specifications including Density testing as per specifications for Option B. The price bid per gallon of High-Float Emulsion shall include High-Float Emulsion, testing, storage, hauling, labor and supplies as specified. OPTION C: The price bid per square yard shall include all labor, equipment and supplies for Partial Depth Base Stabilization of various county highways in accordance with the specifications for Option C. The operation shall be capable of spreading required aggregate hauled to the project road site, applying the stabilizing agent, grinding and mixing the stabilized material and any added aggregate, as specified, using the equipment specified at the desired width and depth in one pass while producing a finished product meeting all material requirements of the specifications as per specifications for Option C. The price bid per gallon of Liquid Asphalt Emulsion shall include Emulsion, testing, storage, hauling, application, labor and supplies as specified. The price bid per gallon of Liquid Calcium Chloride material shall include Liquid Calcium Chloride, testing, storage, hauling, application, labor and supplies as specified. The price bid per gallon of Liquid Magnesium Chloride material shall include Liquid Magnesium Chloride, testing, storage, hauling, application, labor and supplies as specified. ASPHALT PRICE ADJUSTMENT (OPTIONS A, B & C) Due to the uncertainty of the cost of asphalt cement used in the manufacture of emulsified asphalt products, a price adjustment clause is included. Price adjustments shall be based on New York State Department of Transportation methods and shall be based on the September 2015 F.O.B. average terminal price of $521.00 per Short Ton. ---PAGE BREAK--- 14 ---PAGE BREAK--- 15 2016 CORTLAND COUNTY HIGHWAY DEPARTMENT BID SHEET 1 of 2 RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION OPTION A OPTION B OPTION C 1) Price per Square Yard Per Day under..……….. $ $ $ 5,000 s.y. 1" to 3” depth) Price per Square Yard Per Day for each…..….. $ $ $ additional inch over 3” depth 2) Price per Square Yard Per Day from…………. $ $ $ 5,000–10,000 s.y. 1” to 3” depth) Price per Square Yard Per Day for each……… $ $ $ additional inch over 3” depth 3) Price per Square Yard Per Day over…………. $ $ $ 10,000 s.y. 1” to 3” depth) Price per Square Yard Per Day for each $ $ $ additional inch over 3” depth 4) Price Per Day for Bituminous Paver…………. $ (Option A only) 6) Price Per Day Ingersol – Rand Model DD-110…$ compaction roller, or equal (Option A only) 6A) Price Per Day Caterpillar Model PS300B pneumatic tired roller, or equal (Option A only) 6B) Price Per Day for Pugmill (Option A only)……. $ 7) MS-1 Per Gallon (meeting attached spec.)…... $ $ 8) MS-1P Per Gallon (meeting attached spec.).… $ $ 9) HFMS-2 Per Gallon (meeting attached spec.)….. $ $ 10) HFMS-2P Per Gallon (meeting attached spec.)… $ $ 11) HFRA Per Gallon (meeting attached spec.)…….. $ $ 12) Calcium Chloride Per Gallon (Option C only)…. 12a) Magnesium Chloride Per Gallon (Option C 13) Maint and Protection of Traffic Per Day (Option B&C only)……$ $ 14) Provide and Haul req’d aggregate Per Ton (Option B&C only)….$ $ ---PAGE BREAK--- 16 2016 CORTLAND COUNTY HIGHWAY DEPARTMENT BID SHEET 2 of 2 RECYCLED ASPHALT PAVEMENT (COLD) and PARTIAL DEPTH STABILIZATION NAME OF BIDDER: ADDRESS: LOCATION OF PLANT: AUTHORIZED SIGNATURE: NAME & TITLE: DATE: CONTACT PERSON: EMAIL ADDRESS: TELEPHONE: FAX: ---PAGE BREAK--- 17 EXHIBIT A – DRUG FREE WORKPLACE Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing the Bids will be followed if none of the tied vendors have a drug free workplace process. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection 4) In the statement specified in Subsection notify that employees, that, as a condition of working of the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of any controlled substance law in the United States or any state or Cortland County, for a violation occurring in the workplace no later than five days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies with the above requirements. Print Name: Date: Signature: ---PAGE BREAK--- 18 EXHIBIT B – ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS (APPENDIX A) I hereby acknowledge that I have read, understand and agree to comply with the terms as outlined in Appendix A – Standard Clauses for New York State Contracts. Failure to comply may result in immediate termination of this agreement with potential legal recourse by the County. Signed: Date: Title: ---PAGE BREAK--- 19 EXHIBIT C - NON COLLUSIVE BILLING CERTIFICATE REQUIRED BY SECTION 139-D OF THE STATE FINANCE LAW Section 139D, Statement of Non-Collusion in bids to the State: By submission of this bid, bidder and each person signing on behalf of bidder certifies, and in the case of joint bid, each party thereto certifies as its own organization, under penalty of perjury, that to the best of his/her knowledge, and belief: 1) The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other bidder or with any other 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 purpose of restricting completion. A Bid shall not be considered for award nor shall any award be made where 1, 2, 3 above have not been complied with; provided however, that if in any case, the bidder(s) cannot make the foregoing certification, the bidder shall so state and shall furnish below a signed statement which sets forth in detail the reasons therefore: (Affix addendum to this page if space is required for statement.) Subscribed to me under penalty of perjury under the laws of the State of New York, this day of as the act and deed of said corporation of partnership or sole proprietor. If Bidders are a Partnership, complete the Following: Names of Partners or Principals Legal Residence If Bidders are a corporation, complete the following: Name Legal Residence President ---PAGE BREAK--- 20 Secretary Treasurer President Secretary Treasurer Identifying Data: Potential Contractor: Address: Telephone Title: E-Mail Address: If applicable, Responsible Corporate Officer Name: Title: Signature: Joint or combined bids by companies or firms must be certified by each participant. Legal name of person or firm Legal name of person or firm Name Name Title Title Address Address ---PAGE BREAK--- 21 EXHIBIT D - CONFLICT OF INTEREST DISCLOSURE Conflict of Interest Disclosure Form Note: A potential or actual conflict of interest exists when commitments and obligations are likely to be compromised by the nominator(s)’other material interests, or relationships (especially economic), particularly if those interests or commitments are not disclosed. This Conflict of Interest Form should indicate whether the nominator(s) has an economic interest in, or acts as an officer or a director of, any outside entity whose financial interests would reasonably appear to be affected by the addition of the nominated condition to the newborn screening panel. The nominator(s) should also disclose any personal, business, or volunteer affiliations that may give rise to a real or apparent conflict of interest. Relevant Federally and organizationally established regulations and guidelines in financial conflicts must be abided by. Individuals with a conflict of interest should refrain from nominating a condition for screening. Date: Name: Position: Please describe below any relationships, transactions, positions you hold (volunteer or otherwise), or circumstances that you believe could contribute to a conflict of interest: I have no conflict of interest to report. I have the following conflict of interest to report (please specify other nonprofit and for- profit boards you (and your spouse) sit on, any for-profit businesses for which you or an immediate family member are an officer or director, or a majority shareholder, and the name of your employer and any businesses you or a family member own): 1. 2. 3. I hereby certify that the information set forth above is true and complete to the best of my knowledge. Signature: Company: Date: ---PAGE BREAK--- 22 EXHIBIT PRIVACY AND SECURITY (HIPAA) The purpose of this clause is to set forth the requirements for privacy and security of protected health information (“PHI”) mandated by 45 CFR Part 164 as they apply to the services provided by CONTRACTOR on behalf of COUNTY. CONTRACTOR understands the importance of the privacy of a patient’s PHI, and agrees to protect that right to the extent necessary under this Agreement and under current federal, state, and local regulations and laws. All PHI will be handled in a private and/or confidential manner. For purposes of this Agreement, PHI is any data or other information as defined by the Department of Health and Human Services in the Code of Federal Regulations, 45 CFR §164.501. Further, CONTRACTOR understands that County’s patients are intended third-party beneficiaries of this Agreement, and have all the rights and privileges of any third-party beneficiary under current law. Uses and disclosures of PHI that are permitted are those necessary in order for CONTRACTOR to: 1. Properly manage and administer its functions. 2. Meet its legal responsibilities. 3. Provide data aggregation services relating to the health care operations of the COUNTY. 4. Make those disclosures required by law such as in situations of abuse, neglect, or domestic violence. The uses and disclosures permitted are limited to the PHI necessary to meet the requirements of the law that compels the use or disclosure. 5. Make disclosures in response to a judicial or administrative proceeding through a lawful process such as a subpoena or discovery request. The uses and disclosures of PHI that are required are those disclosures necessary: 1. For patients to review their PHI. 2. To provide an accounting of disclosures in accordance with 45 CFR §164.528. 3. To allow the Secretary of Health and Human Services to determine County’s compliance with 45 CFR §164.504. CONTRACTOR shall make the following assurances to COUNTY: 1. CONTRACTOR agrees that it shall not use or disclose any patient’s PHI for any purpose not expressly stated in this Agreement. Further, CONTRACTOR shall not use or disclose PHI in any manner or context prohibited by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and subsequent federal, state, and local regulations. If CONTRACTOR does use or disclose PHI for a purpose not expressly stated in this Agreement, it shall immediately cease the unauthorized use or disclosure, and shall notify COUNTY in writing of such use or disclosure. CONTRACTOR agrees ---PAGE BREAK--- 23 to mitigate, to the extent practicable, any harmful effect known to it of a use or disclosure of PHI not allowed under this Agreement. 2. CONTRACTOR further agrees that any sub-contractors or other persons or entities not directly employed by CONTRACTOR who use or disclose PHI obtained from COUNTY, shall abide by terms of this clause of this Agreement. Any sub-contractor or other person or entity not directly employed by CONTRACTOR that has used or disclosed PHI without proper authorization (as defined in HIPAA and subsequent federal, state, and local regulations) shall be considered to have acted as an agent of CONTRACTOR, and have violated the terms of this Agreement. COUNTY may consider this use or disclosure a material breach of this Agreement. 3. By signing this Agreement, CONTRACTOR is assuring COUNTY it has met the minimum safeguards necessary to protect unauthorized use or disclosure of PHI to any person or entity not party to this Agreement. Such safeguards shall include the security safeguards outlined by the 1996 Health Insurance Portability and Accountability Act and subsequent federal regulation, including: physical access to PHI, technical access to PHI, and administrative policies and procedures addressing security of PHI. 4. Provider shall report to COUNTY any instance or circumstance in which PHI has been used or disclosed by an unauthorized person or entity, including accidental disclosure by CONTRACTOR. CONTRACTOR shall notify COUNTY in writing of any steps or procedural changes made to address the unauthorized use or disclosure. 5. Should COUNTY find PHI used or disclosed to CONTRACTOR to be inaccurate or incomplete, CONTRACTOR shall incorporate any amendments or corrections to the PHI at COUNTY’s request. 6. CONTRACTOR will make PHI available to the individual who is the subject of the PHI for amendment. Such requests by the individual for their PHI from CONTRACTOR will be made through County. CONTRACTOR will incorporate any amendments to PHI that have been made by COUNTY by virtue of the individual’s request for amendment. 7. CONTRACTOR will provide a timely accounting to the individual or to COUNTY, if requested by either, of the disclosures of an individual’s PHI. 8. Should CONTRACTOR make any material alterations to the PHI while the PHI is in its possession, CONTRACTOR shall notify COUNTY of such alterations so that COUNTY may inform the patient who is the subject of the PHI. 9. At the termination of this Agreement, CONTRACTOR shall return or destroy to the satisfaction of COUNTY any PHI held or maintained by CONTRACTOR and retain no copies of such information. If COUNTY and CONTRACTOR mutually agree that returning or destroying the PHI is not feasible or permitted under law, the PHI will remain protected after this agreement ends for as long as CONTRACTOR maintains the information. Further uses or disclosures of the PHI will be limited to those purposes that make the return or destruction infeasible. ---PAGE BREAK--- 24 If COUNTY determines CONTRACTOR has violated any of the above assurances, covenants or terms, the CONTRACTOR has committed a material breach of this Agreement. COUNTY may then provide CONTRACTOR with an opportunity to cure the breach or may terminate this Agreement and may report the violations to the Department of Health and Human Services (“HHS”) or other federal or state entity for possible prosecution or sanctions. Both parties to this agreement agree that they will protect the integrity and confidentiality of any PHI being shared electronically. CONTRACTOR hereby gives COUNTY and the Department of Health and Human Services (or an agent acting on behalf of HHS) the express right to inspect any and all internal practices, books, and records relating to the use or disclosure of PHI by CONTRACTOR. If HHS suspects an unauthorized use or disclosure of PHI by CONTRACTOR, HHS is authorized to pursue an investigation into CONTRACTOR’s activities for the purposes of determining whether an unauthorized use or disclosure of PHI has taken place. CONTRACTOR may have policies and procedures relating to privacy and security in place prior to the commencement of this Agreement. If, after reasonable investigation, COUNTY concludes CONTRACTOR’s policies and procedures to be “adequate” protection of a patient’s privacy rights relating to PHI, CONTRATOR may elect to continue to use its own policies and procedures. The term “adequate” in this clause means CONTRACTOR’s policies and procedures meet the minimum privacy and security standards as set forth in COUNTY’s privacy and security policies and procedures. COUNTY, through the appropriate Department will: 1. provide CONTRACTOR with its Privacy Notice; 2. provide CONTRACTOR with any changes in, or revocation of, permission by a patient to use or disclose PHI, if such changes affect CONTRACTOR’s permitted or required uses or disclosures; and 3. notify CONTRACTOR of any restriction to the use or disclosure of PHI to which the COUNTY has agreed. Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information (ePHI) that it creates, receives, maintains, or transmits on behalf of Cortland County. Ensure that any agent, including a subcontractor, to whom Contractor provides ePHI agrees to implement reasonable and appropriate safeguards to protect this information. ---PAGE BREAK--- 25 Report to Security Officer of Cortland County any security incidents of which it becomes aware. (A security incident is defined as the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system.) ---PAGE BREAK--- 26 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. ---PAGE BREAK--- 27 TABLE OF CONTENTS Page 1. Executory Clause 24 2. Non-Assignment Clause 24 3. Comptroller’s Approval 24 4. Workers’ Compensation Benefits 24-25 5. Non-Discrimination Requirements 25 6. Wage and Hours Provisions 25 7. Non-Collusive Bidding Certification 25 8. International Boycott Prohibition 26 9. Set-Off Rights 26 10. Records 26 11. Identifying Information and Privacy Notification 4 12. Equal Employment Opportunities For Minorities and Women 4-5 13. Conflicting Terms 5 14. Governing Law 5 15. Late Payment 5 16. No Arbitration 5 17. Service of Process 5 18. Prohibition on Purchase of Tropical Hardwoods 5-6 19. MacBride Fair Employment Principles 6 20. Omnibus Procurement Act of 1992 6 21. Reciprocity and Sanctions Provisions 6 22. Compliance with New York State Information Security Breach and Notification Act 6 23. Compliance with Consultant Disclosure Law 6 24. Procurement Lobbying 7 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7 State Contractors, Affiliates and Subcontractors 26. Iran Divestment Act 7 ---PAGE BREAK--- 28 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appro- priated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section 163.6-a). However, such pre-approval shall not be required for any contract established as a centralized contract through the Office of General Services or for a purchase order or other transaction issued under such centralized contract. 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex (including gender identity or expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall ---PAGE BREAK--- 29 be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevail- ing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five business days of such conviction, determination or disposition of appeal 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without ---PAGE BREAK--- 30 limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers. Privacy Notification. The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 143, if this contract is: a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement ---PAGE BREAK--- 31 in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that: The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of and above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. ---PAGE BREAK--- 32 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either has no business operations in Northern Ireland, or shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business Albany, New York 12245 Telephone: [PHONE REDACTED] Fax: [PHONE REDACTED] email: [EMAIL REDACTED] ---PAGE BREAK--- 33 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue New York, NY 10017 [PHONE REDACTED] email: [EMAIL REDACTED] The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended; The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT. Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). 23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal or similar services, then, in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the ---PAGE BREAK--- 34 Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. 24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law §165-a that it is not on the “Entities Determined to be Non- Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default. The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award. ---PAGE BREAK--- 35 Checklist of documents to be returned with bid or contract: Exhibit A: Drug Free Workplace Exhibit B: Acknowledgement and Agreement to Comply with Standard Clauses for New York State Contracts Exhibit C: Non-Collusive Bidding Certification Required by Section 139-D of the State Finance Law Exhibit D: Conflict of Interest Disclosure Proof of Insurance as required Valid W9 with signature Copy of NYS Certificate of Authority to do Business in New York State Proof that signatory is at least a 50% owner and has the authority to act on behalf of the business