Document cortlandcountyny_gov_doc_88755c24b5

PROPOSAL BOOKLET Large Culvert Replacement C.I.N. 134-0508-152.66 Highland Road (C.R. 134) over Amanda’s Brook Town of Marathon Cortland County Prepared by: Cortland County Department Of Highways 60 Central Ave. Cortland, NY 13045 February 2017 ---PAGE BREAK--- Large Culvert Replacement, C.I.N. 134-0508-152.66, Highland Rd. (C.R. 134) over Amanda’s Brook , Town of Marathon, Cortland County Description: This project includes the demolition and removal of the existing reinforced concrete bridge, installation of a precast 3-sided concrete structure on cast-in-place reinforced concrete footings, cast-in-place reinforced concrete wing walls, excavation and backfill, bridge railing, guide railing, road base construction, asphalt paving, stone filling erosion control items and establishment of turf. Bid Deposit 5% of Bid Department's Estimated Cost of Confidential Date of Completion: No later than October 1, 2017. Work to be done: The Contractor shall furnish all materials, equipment, tools and labor of every kind required for replacement of the existing bridge and all other incidental work in the most substantial and workmanlike manner, and do everything required by the Contract Documents as defined herein. The contract drawings give specific limits and dimensions of work to be completed. The general scope of work to be performed by the contractor is provided in Section E – Part 3. All items of work are to be included in the Lump Sum bid for the contract. ---PAGE BREAK--- GENERAL NOTE In general, the New York State Department of Transportation Specifications of January 1, 2017, and all addenda in effect on the date of advertising for bids shall apply, except where modified in these specifications. Where reference is made to New York State, State Department of Transportation, Commissioner, etc., the appropriate Cortland County department or official shall be substituted. The Superintendent of the Cortland County Department of Highways shall make the final interpretations of any irregularities, ambiguities or questions arising out of these specifications and the New York State Department of Transportation Specifications used on this project. The Proposal consisting of Bidding Forms and Required Certifications are included in Sections A and B. The submission of the completed forms and a duplicate will constitute a formal Bid. The Agreement (Section C) will be completed upon award of the Contract. Also, please note that the "Reference Sheet" also included in Part C will be required to be submitted by the apparent lowest bidder within three working days after bid opening along with an itemized financial statement detailed in Section E, Part 1.2. The County is responsible for providing amendments to the bid documents. Prospective Bidders bear the sole responsibility for obtaining any amendments issued by the County for the subject project. In the event that it becomes necessary to revise any part of the bid documents, a copy of all addenda will be posted on the following website: http://www.cortland-co.org/Bids.aspx under the link entitled: “Highland Road Large Culvert Replacement” It is the responsibility of the Bidder to check the Website for addenda. The final date for posting addenda to the Website will be 3 working days prior to the bid opening date. Bidders are advised that the County will exercise its right to reject any bid proposal, pursuant to Section 102-05 of the Standard Specifications, in which subtask bids appear in the Superintendent's judgment to constitute an unbalanced bid for the work. ---PAGE BREAK--- TABLE OF CONTENTS SECTION DESCRIPTION Section A Bid Proposal Forms* Section B Required Certifications and Requirements: 1. Lump Sum Bid Proposal Signature Form * 2. Acknowledgement of Receipt of Addenda * 3. Bid Bond Form * 4. Bidder Information Sheet * 5. Offerer’s Affirmation of Understanding of an Agreement Pursuant to State Finance law Sect. 139-j(3) and Sect. 139-j * 6. Offerer Disclosure of Prior Non-Responsibility Determinations * 7. Certification of Compliance with the State Finance Law* 8. Reference Sheet * Section C Sample Agreement Forms and Reference Sheet 1. Sample Form of Agreement Section D Definitions and Terms Section E General Provisions Section F Revisions to New York State Department of Transportation Standard Specifications, Construction and Materials adopted January 1, 2017 (with Addenda) Section G Special Notes Section H Special Specifications Section I Technical Specifications * To be completed by All Bidders and Returned with Bid. To be completed by the Apparent Low Bidder. ---PAGE BREAK--- TABLE OF CONTENTS – CONT’D SECTION DESCRIPTION Section J Prevailing Wage Rates Section K Supplemental Information 1. Supplemental Information Available to Bidders (CONR 9i) EXHIBIT A Drug Free Workplace * EXHIBIT B Acknowledgement and Agreement to Comply with Standard Clauses for New York State Contracts (Appendix A) * EXHIBIT C Non Collusive Billing Certificate Required by Section 139-D of the State Finance Law * EXHIBIT D Conflict of Interest Disclosure * APPENDIX A Standard Clauses for New York State Contracts * To be completed by All Bidders and Returned with Bid. To be completed by the Apparent Low Bidder. ---PAGE BREAK--- SECTION A BID PROPOSAL FORMS ---PAGE BREAK--- BID PROPOSAL FORM The Contractor shall furnish all materials, equipment, tools and labor of every kind required for the replacement of the large culvert on Highland Road, over Amanda Creek, Town of Marathon, Cortland County and perform all work and incidental work in the most substantial and workmanlike manner, and do everything required by the Contract Documents as defined herein. The total Lump Sum Bid price shall be the sum of all material and installation cost for each item as specified in the Plans and Specifications contained in the Proposal Booklet. A Bid price shall be entered both in words and numerically in the spaces provided for each item. BASE BID ITEM 1: Highland Large Culvert Replacement written NUMERICALLY in dollars and cents for the Lump Sum Price of: ITEM 1: Highland Road Large Culvert Replacement written in WORDS in dollars and cents for the Lump Sum Price of: ITEM 2: ON-DEMAND CHANGE ORDER written NUMERICALLY in dollars and cents for the Lump Sum Price of: ITEM 2: ON-DEMAND CHANGE ORDER written in WORDS in dollars and cents for the Lump Sum Price of: THIRTY NINE THOUSAND DOLLARS AND NO CENTS TOTAL AMOUNT BID (ITEM 1 + ITEM 2) written NUMERICALLY in dollars and cents for the Lump Sum Price of: TOTAL AMOUNT BID (ITEM 1 + ITEM 2) written in WORDS in dollars and cents for the Lump Sum Price of: ---PAGE BREAK--- SECTION B REQUIRED CERTIFICATIONS AND CONTRACT REQUIREMENTS ---PAGE BREAK--- LUMP SUM BID PROPOSAL In submitting this bid, the undersigned declares that he is or they are the only person or persons interested in the bid; that it is made without any connection with any person making another bid for the same contract; that the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official of the County or any person in the employ of the County is directly or indirectly interested in the bid or in the supplies or work to which it relates, or in any portion of the profits thereof. The undersigned also declares that he has or they have carefully examined the plans, specifications and form of contract, and that he has or they have personally inspected the actual location of the work, together with the local sources of supply, has or have satisfied himself or themselves as to all the full scope of the work and existing conditions, and understands that in signing this proposal, he or they waive all rights to plead any misunderstandings regarding the same. The Contractor at his own expense may elect to obtain additional information at the site, such as deep holes or borings; however, he must inform the County three days prior to such explorations. The undersigned further understands and agrees that he is or they are to furnish and provide for the respective work, all the necessary materials, machinery, implements, tools, labor, services and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete the improvement of the aforementioned project in accordance with the plans and the specifications for such improvement, which plans and specifications it is agreed are a part of this proposal. The undersigned further agrees to accept the aforesaid Lump Sum Bid as compensation for the completion of the project as detailed in the contract documents. Dated: , 20 Legal Name of Person, Firm or Corporation By: Must be Signed in Ink ---PAGE BREAK--- ACKNOWLEDGMENT OF RECEIPT OF ADDENDA The undersigned acknowledges receipt of the following addenda to the subject project (if none, state "NONE"): Addendum No. Dated Addendum No. Dated Addendum No. Dated Receipt is hereby acknowledged for all addenda listed above. Signature of Bidder Date ---PAGE BREAK--- BID BOND Sec. 38 – Highway law KNOW ALL MEN BY THESE PRESENTS, That (Name of Contractor) (Address) (hereinafter called the “Principal”) and the a corporation created and existing under the laws of the State of , having its principal office in the City of (hereinafter called the “Surety”), are held and firmly bound unto The People of Cortland County (hereinafter called the “County”) in the full just sum of Five Percent of Attached Bid, good and lawful money of the United States of America, for the payment of which said sum of money, well and truly to be made and done, the said Principal binds themselves (himself, itself), their (his, its) heirs, executors and administrators, successors and assigns, and the said Surety binds itself, its successors and assigns jointly and severally, firmly by these presents: Signed, sealed and dated this 20 A.D. WHEREAS, the said Principal has submitted to the Cortland County Superintendent of Highways, a proposal for (Description of Project) AND WHEREAS, under the terms of the Laws of the State of New York as above indicated, the said Principal has filed or intends to file this bond to guarantee that the Principal will execute all required contract proposal documents and furnish such faithful performance or other bonds as may be required by law in accordance with the terms of the Principal’s said proposal. NOW, THEREFORE, the condition of the foregoing obligation is such, that if the said Principal shall execute and submit, and the Superintendent of Highways shall accept, all required contract proposal documents including such faithful performance bond or other bonds as may be required by law in accordance with the terms of the Principal’s said proposal, then this obligation shall be null and void, otherwise to remain in full force and virtue. IN TESTIMONY WHEREOF, the said Principal has hereunto set his/her (their, its) hand and seal and the said Surety has caused this instrument to be signed by its…….…..….…….………President and its and its corporate seal to be hereunto affixed, the day and year first above written. Signed, sealed and delivered in the presence of: (Corporate seal of Principal if a corporation) Principal (Corporate seal of Surety Co.) Company of By (Title of Officer) Attest (Title of Officer) ---PAGE BREAK--- (Acknowledgment by principal, unless it be a corporation) STATE OF NEW YORK SS: COUNTY OF On this day of before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same. Notary Public County (Acknowledgment by principal, if a corporation) STATE OF NEW YORK SS: COUNTY OF On this Day of before me personally came to me known who being by me duly sworn, did depose and say that he/she resides in that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public County (Acknowledgment by Surety Company) STATE OF NEW YORK SS: COUNTY OF On this day of before me personally came to me known, who being by me duly sworn, did depose and say that he/she resides in that he/she is the of the the corporation described in and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name there to by like order. Notary Public County ---PAGE BREAK--- BIDDER INFORMATION SHEET NAME OF BIDDER: * ADDRESS: PHONE NUMBER: EMAIL ADDRESS: TYPE OF ENTITY: CORPORATION PARTNERSHIP INDIVIDUAL IF A NON-PUBLICLY OWNED CORPORATION: NAME OF CORPORATION: LIST OF PRINCIPAL STOCKHOLDERS (HOLDING OVER 5% OF OUTSTANDING SHARES): LIST OF OFFICERS: LIST OF DIRECTORS: DATE OF ORGANIZATION: IF A PARTNERSHIP: PARTNERS: NAME OF PARTNERSHIP: DATE OF ORGANIZATION: * IF THE BUSINESS IS CONDUCTED UNDER AN ASSUMED NAME, A COPY OF THE CERTIFICATE REQUIRED TO BE FILED UNDER THE NEW YORK GENERAL BUSINESS LAW MUST BE ATTACHED. ---PAGE BREAK--- Offerer’s Affirmation of Understanding of an Agreement pursuant to State Finance Law §139-j and §139-j Offerer affirms that it understands and agrees to comply with the procedures of the Government Entity relative to permissible Contracts as required by State Finance Law §139-j and §139-j By: Date: Signature Name: Title: Contractor Name: Contractor Address: ---PAGE BREAK--- Offerer Disclosure of Prior Non-Responsibility Determinations Name of Individual or Entity Seeking to Enter into the Procurement Contract: Address: Name and Title of Person Submitting this Form: Contract Procurement Number: Date: 1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle): No Yes If yes, please answer the next questions: 2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle): No Yes 3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle): No Yes 4. If you answered yes to any of the above questions, please provide details regarding the finding of non- responsibility below. Governmental Entity: Date of Finding of Non - responsibility: Basis of Finding of Non - responsibility: (Add additional pages as necessary) 5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle): No Yes 6. If yes, please provide details below. Governmental Entity: Date of Termination or Withholding of Contract: Basis of Termination or Withholding: (Add additional pages as necessary) Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true and accurate. By: Date: Signature Name: Title: ---PAGE BREAK--- REFERENCE SHEET The apparent low bidder is required to complete this form providing three references of past performance. References should involve projects and/or service situations of similar size, scope, and character of work to this Bid. References must have had dealings with the Bidder within the last thirty-six (36) months. The County reserves the right to contact any or all of the references supplied for an evaluation of past performance in order to establish the responsibility of the Bidder before the actual award of the Bid and/or Contract. Completion of the Reference Form is required BIDDER'S NAME: DATE FILED: REFERENCE'S NAME: ADDRESS: TELEPHONE: CONTACT PERSON: REFERENCE'S NAME: ADDRESS: TELEPHONE: CONTACT PERSON: REFERENCE'S NAME: ADDRESS: TELEPHONE: CONTACT PERSON: ---PAGE BREAK--- STATE FINANCE LAW CERTIFICATION Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: a. "By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph of subdivision 3 of section 165-a of the state finance law." Authorized Signature: Date: ---PAGE BREAK--- SECTION C SAMPLE AGREEMENT FORM ---PAGE BREAK--- SAMPLE AGREEMENT THIS AGREEMENT, entered into this , by and between the COUNTY OF CORTLAND, New York, (the “COUNTY”), a municipal corporation organized and existing under the laws of the State of New York with offices at 60 Central Avenue, Cortland, New York 13045, and (the “CONTRACTOR”), with offices located at WITNESSETH, that the COUNTY and the CONTRACTOR, for the consideration hereafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFORE The CONTRACTOR shall furnish (Describe the work to be done; if a proposal for the work exists, attach same as an exhibit and cite said exhibit herein.) ARTICLE 2. TERM The CONTRACTOR agrees to perform the services and/or supply goods beginning 20___ and ending 20___ . ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and the COUNTY agrees that the Contract has been fully performed, the CONTRACTOR shall file with the COUNTY an itemized voucher and the COUNTY shall pay the CONTRACTOR within its normal payment period. ARTICLE 4. CONTRACTOR’S INSURANCE The CONTRACTOR shall not commence work under this Contract until he/she/it has obtained all insurance required under this paragraph and the COUNTY has approved such insurance. The COUNTY requires the following insurance coverage and amounts: Comprehensive General Liability, including personal injury coverage of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate and property damage coverage in the amount of $500,000.00 per occurrence and $1,000,000.00 in the aggregate. Automobile coverage with a combined single limit of $1,000,000.00. Statutory Worker’s Compensation Disability Coverage, and Unemployment Insurance. Professional Liability Insurance in the amount of $1,000,000.00 where applicable. ---PAGE BREAK--- The CONTRACTOR shall submit at the time of the execution of this agreement, certificates of insurance properly executed by an authorized representative of its insurance underwriter, evidencing such insurance policies to be in full force and effect, naming the COUNTY which shall assume to include its officers, employees, agents and representatives as additional insured. The certificates of insurance shall name specifically “Cortland County, 60 Central Avenue, Cortland, New York 13045” as an additional insured. Notice of termination of any such policies must be provided to the COUNTY at least ten (10) days in advance. CONTRACTOR shall, on or before this 10-day period, provide the COUNTY with a prospective Certificate of Insurance with the above coverage and limits for the balance of the term of this agreement. All insurance coverage required to be purchased and maintained by the CONTRACTOR under this agreement shall be primary for the defense and indemnification on any action or claim asserted against the COUNTY and/or the CONTRACTOR for work performed under this agreement, regardless of any other collectible insurance or any language in the insurance policies which may be to the contrary. Any accident shall be reported to the COUNTY as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the COUNTY as soon thereafter as possible and not later than three days after the date of such accident. ARTICLE 5. REPRESENTATIONS OF CONTRACTOR The CONTRACTOR represents and warrants: That he/she/it is financially solvent and that he/she/it is experienced in and competent to perform the services as described in Article 1 above, That he/she/it is familiar with all Federal, State, municipal and departmental laws, ordinances and regulation which may in any way affect the work or those employed therein. ARTICLE 6. PERMITS AND REGULATIONS The CONTRACTOR shall procure and pay for all permits and licenses necessary for the services to be rendered hereunder. ARTICLE 7. COUNTY’S RIGHT TO STOP WORK OR TERMINATE CONTRACT The COUNTY shall have the right to stop work or terminate the Contract if: The CONTRACTOR is adjudged bankrupt or makes an assignment for the benefit of creditors; or A receiver or liquidator is appointed for the CONTRACTOR or for any of his/her/it’s property and is not dismissed within twenty (20) days after such appointment or the proceedings in connection therewith are not stayed on appeal within said twenty (20) days; or The CONTRACTOR refuses or fails to prosecute the work or any part thereof with due diligence; or The CONTRACTOR fails to make prompt payment to persons supplying labor for the work; or ---PAGE BREAK--- The CONTRACTOR fails or refuses to comply with all applicable laws or ordinances; or The CONTRACTOR violates any provision of the Contract; In any event, the COUNTY, without prejudice to any other rights or remedy it may have, may by seven days notice to the CONTRACTOR, terminate this contract pursuant to the grounds stated herein. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the work is complete. If the unpaid balance of the compensation to be paid to the CONTRACTOR hereunder exceeds the expense of completing the work, such excess shall be paid to the CONTRACTOR. If such expense exceeds such unpaid balance, the CONTRACTOR shall be liable to the COUNTY for such excess. COUNTY may terminate this contract upon thirty (30) days written notice to the CONTRACTOR if deemed in the best interest of the COUNTY. COUNTY may terminate if the contract is not funded. ARTICLE 8. INDEMNIFICATION / HOLD HARMLESS The CONTRACTOR shall indemnify, defend and hold the COUNTY, its Departments, and its officers, employees, contractors, representatives and agents harmless from and against any and all claims, fines, demands, losses, damages and expenses, including attorney’s fees, relating to or arising out of any negligent or intentional acts and/or omissions of the CONTRACTOR or any of its directors, officers, employees, contractors, representatives, or agents. ARTICLE 9. INDEPENDENT CONTRACTOR The CONTRACTOR, including all its officers, employees and agents agrees that their relationship to the COUNTY and any of its Departments or units, is that of an independent contractor, and said CONTRACTOR covenants and agrees that they will not conduct themselves as, nor hold themselves out as, nor claim to be an officer or employee of the COUNTY by reason hereof and that they will not claim, demand or make an application to or for any right or privilege applicable to an officer or employee of the COUNTY, including, but not limited to, Worker’s Compensation coverage, Unemployment Insurance benefits, Social Security coverage, medical and/or dental benefits, or retirement membership or credit. ARTICLE 10. ASSIGNMENT Neither party may assign or sub-contract this contract or any portion thereof, without prior written consent of the other party hereto. ARTICLE 11. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended to make such insertion. ---PAGE BREAK--- ARTICLE 12. VENUES AND DISPUTES The exclusive means of disposing of any dispute arising under this Agreement shall be decided in a New York State Court of competent jurisdiction located within Cortland County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the CONTRACTOR shall proceed diligently with performing the terms of this Agreement. The CONTRACTOR waives any dispute or claim not made in writing and received by the COUNTY within thirty (30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for a sum certain and any money requested must be fully supported by all cost and pricing information. ARTICLE 13. REMEDIES The remedies specified herein shall be cumulative and in addition to any other remedies available of law or in equity. Waiver of a breach of any provision of this Agreement shall not constitute a waiver of any other or future breach of the same provision or any other provision of the Agreement. ARTICLE 14. NOTICES All notices of any nature referred to in this agreement shall be in writing and sent by registered or certified mail, postage pre-paid, to the respective addresses set forth below or to such other addresses as the respective parties may designate in writing. To the CONTRACTOR: To the COUNTY: Chairman of the Legislature County of Cortland 60 Central Avenue Cortland, New York 13045 ARTICLE 15. SEVERABILITY In the event any provision hereof shall be held for any reason to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this agreement, which shall continue in full force and effect. ARTICLE 16. WAIVER No waiver of any breach of any condition of this Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement ---PAGE BREAK--- or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 18. EXECUTORY CLAUSE The COUNTY shall have no liability under this Agreement to the CONTRACTOR or to anyone else beyond funds appropriated and available for this Agreement. ARTICLE 19. RECORDS RETENTION AND AUDIT The CONTRACTOR agrees to retain all books, records and/or other documents relevant to this Agreement for six years after the expiration or termination of this agreement or six years after final payment, whichever is later, unless otherwise agreed to by the parties in writing. New York State auditors and/or any other persons duly authorized by the COUNTY shall have full access to and the right to examine any of the above-mentioned documents during the above-stated time period. ARTICLE 20. APPLICABLE LAW This Agreement is governed by the laws of the State of New York. ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate (2 copies) each of which shall be deemed an original on the date written. COUNTY OF CORTLAND DATE: BY: Donnell Boyden, Chair, Cortland County Legislature Acknowledgement STATE OF NEW YORK ) COUNTY OF CORTLAND ) ss.: On this______ day of before me, the undersigned, a Notary Public in and for said State, personally appeared Donnell Boyden, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CONTRACTOR (name of company) DATE: BY: (NAME OF SIGNATORY) (CORP. OFFICER/POSITION) Acknowledgement STATE OF NEW YORK ) COUNTY OF ) ss.: On this______ day of before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public ---PAGE BREAK--- SECTION D DEFINITION AND TERMS ---PAGE BREAK--- DEFINITIONS AND TERMS Same as Section 101 of the New York State Department of Transportation Standard Specifications, Construction and Materials of January 1, 2017 and all addenda. References to the County's representative “Barton & Loguidice, P.C.” and County personnel shall hereinafter be made as the “Engineer”. Under this contract the New York State Department of Transportation, Office of Engineering, January 1, 2017 Standard Specifications, Construction and Materials and addenda are amended as follows: Under Section 101-02 – Definitions and Terms 1. Page 17, Chief Engineer Delete the stated definition. This term where used in the specifications or contract documents shall mean the “Cortland County Superintendent of Highways” or his authorized representative. 2. Page 17, Commissioner Delete the stated definition. This term where used in the specifications or contract documents shall mean the “Cortland County Superintendent of Highways”. 3. Page 19, Department Delete the stated definition. This term where used in the specifications or contract documents shall mean the “Cortland County Department of Highways” and may be used to mean the “Cortland County Superintendent of Highways” or his authorized representative. 4. Page 19, Departmental Geotechnical Engineer Delete the stated definition. The “Cortland County Superintendent of Highways” or his authorized representative shall be responsible and is in charge of all engineering and construction work on this contract. 5. Page 19, Departmental Engineering Geologist Delete the stated definition and substitute the same definition as above for Departmental Geotechnical Engineer. 6. Page 19, Division Delete the stated definition and insert: “Cortland County Department of Highways”. 7. Page 19, Engineer or Engineer-In-Charge Delete the words “Department of Transportation” and substitute “Cortland County Department of Highways”. Also delete the words “Regional Director” and substitute “Cortland County Superintendent of Highways”. 8. Page 20, Final Agreement Delete “State of New York, Department of Transportation” and substitute “Cortland County Department of Highways”. ---PAGE BREAK--- 9. Page 20, Inspector Delete “The Department of Transportation” and substitute “The authorized representative of the Cortland County Department of Highways”. 10. Page 21, Materials Bureau Delete the word “Bureau” and the stated definition and substitute “The Cortland County Department of Highways has the responsibility in the quality assurance for materials to be used on the contract”. 11. Page 23, Regional Director Delete the stated definition and substitute: “When used, means the Cortland County Superintendent of Highways”. 12. Page 23, State Delete the stated definition and substitute: “When used, means the County of Cortland, represented by the Cortland County Department of Highways through the Superintendent of Highways”. Under Section 102 – Bidding Requirements and Conditions 13. Page 25, Subsection 102-01, Location of Regional Offices Delete entire subsection not applicable. 14. Page 28, Subsection 102-06, Bid Deposit Delete from the second and third lines the words “State of New York”, and substitute “County of Cortland”. ---PAGE BREAK--- SECTION E GENERAL PROVISIONS ---PAGE BREAK--- GENERAL PROVISIONS The provisions of Section 100 of the New York State Department of Transportation, Office of Engineering, Standard Specifications, Construction and Materials of January 1, 2017 and all addenda shall apply except for the following revisions and/or additions included in Section B. ---PAGE BREAK--- TABLE OF CONTENTS PART 1 - BIDDING REQUIREMENTS AND CONDITIONS 1.1 Notice to Bidders (Advertisement) 1.2 Prequalification of Bidders 1.3 Proposal Guaranty 1.4 Delivery of Proposals 1.5 Notice of Special Conditions 1.6 Disqualification of Bidders PART 2 - AWARD AND EXECUTION OF CONTRACT 2.1 Consideration of Proposals 2.2 Cancellation of Award 2.3 Return of Proposal Guaranty 2.4 Bonds 2.5 Failure to Execute Contract PART 3 - SCOPE OF WORK 3.1 Responsibility of the Contractor PART 4 - CONTROL OF WORK 4.1 Authority of Engineer 4.2 Final Acceptance of Work 4.3 Contractor's Personnel 4.4 Cooperation with Utilities PART 5 - CONTROL OF MATERIALS 5.1 Certificate of Acceptability PART 6 - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 6.1 Subcontractors, Materialmen and Laborers 6.2 Responsibility for Damage Claims 6.3 No Waiver of Legal Rights 6.4 Insurance ---PAGE BREAK--- TABLE OF CONTENTS –CONT’D PART 7 - PROSECUTION AND PROGRESS 7.1 Notice to Proceed 7.2 Prosecution of Work 7.3 Temporary Suspension of Work 7.4 Date of Completion of Contract Work 7.5 Termination of Contract 7.6 Failure to Complete Work on Time 7.7 Assignment PART 8 - MEASUREMENT AND PAYMENT 8.1 Payments on Contract 8.2 Differing Site Conditions ---PAGE BREAK--- PART 1 - BIDDING REQUIREMENTS AND CONDITIONS 1.1 NOTICE TO BIDDERS Sealed bid proposals for the Highland Road Large Culvert Replacement, Town of Marathon, Cortland County, New York will be received at the County Highway Department Offices located at 4267 Traction Drive, Cortland, New York 13045, until 10:00 A.M. local time on March 13, 2017, at which time they will be opened and read aloud. Bid proposals shall be placed in a sealed envelope with the following clearly marked on the front of the envelope:  Bidder’s Name and Address  “Bid to Cortland County for the Highland Road Large Culvert Replacement”  Date and time of Bid opening Bid proposals may be hand delivered anytime during operating hours to the Highway Department Offices at the location mentioned above. Proposals must be delivered before the bid opening time. Bid proposals may also be mailed using regular mail to the following address: Cortland County Highway Department 60 Central Avenue Cortland, NY 13045 Bid proposals may also be “overnight” or otherwise shipped to the following address: Cortland County Highway Department 4267 Traction Drive Cortland, NY 13045 Bid proposals that are mailed using regular mail must be received in the regular Highway Department mail delivery on the business day prior to bid opening date. Bids received after this time will not be opened and will be returned to the bidder. Such bids shall not be considered. Bid proposals that are “overnight” or otherwise shipped must be received by 10:00 a.m. local time on the day of the bid opening. Bids received via “overnight” or “express” mail after this time will not be opened and will be returned to the bidder. Such bids shall not be considered. General Description of Work: This project includes the demolition and removal of the existing reinforced concrete bridge, installation of a precast 3-sided concrete structure on cast-in-place reinforced concrete footings, cast-in-place reinforced concrete wing walls, excavation and backfill, bridge railing, guide railing, road base construction, asphalt paving, stone filling erosion control items and establishment of turf. All necessary work as specified in the General Provisions and Proposal Booklet, and addenda, and any incidental work required for the completion of the contract shall be included in the price submitted by the bidder. The Contract Plans and Bid Proposal Booklet may be downloaded from the Cortland County website on or after February 23, 2017 at the following website address: http://www.cortland-co.org/Bids.aspx under the link entitled: “Highland Road Large Culvert Replacement” ---PAGE BREAK--- It is the responsibility of the Bidder to check the Website for addenda. The final date for posting addenda to the Website will be 3 working days prior to the bid opening date. Questions regarding the contract documents for this project may be directed to Ms. Trisha Jesset, Senior Engineer at (607) 753-9377. All Bids must be written in ink on the forms provided in the Proposal Booklet. The Bidder must submit the original and one extra copy. All Bid proposals shall be accompanied by a certified check, cashier’s check, or bid bond in the amount of 5% of the bid and made payable to the “Cortland County Highway Department”, as a guarantee that if the Contract is awarded to the bidder, he will sign the contract and furnish the required performance bond within ten (10) calendar days after he has received the contract. If a bidder should fail to sign the Contract and deliver the performance bond within ten days after he has received the Contract, the 5% guaranty shall be forfeited. All bidders will be required to sign a statement of non-collusion, which is included in the Proposal Booklet. The construction of this project will be done in strict accordance with the State of New York Department of Transportation Policies, procedures and specifications entitled “Standard Specifications, Construction and Materials adopted January 1, 2017” and addenda. The General Provisions of the Contract, Contract Forms of Proposal, Agreement, Bonds, General Construction Specifications, Materials of Construction, which are contained in these specifications, shall be adhered to in all respects. Attention should be paid to Section 106-11 of the New York State Department of Transportation Standard Specifications, Construction and Materials as pertains to Buy America Bid Requirements. Particular attention is hereby directed to the sections entitled “Definition and Terms” and “General Provisions” contained herein, which denotes definitions of the responsible parties and/or persons who will direct and supervise this work and contract in lieu of the references made to State engineers and officials in the Standard Specifications, Construction and Materials. In compliance with the provisions of Section 115 (Prevailing Rate of Wage), Public Law 627, the minimum wages paid laborers and mechanics are included in wage schedules that are set out in the bid proposal. Non-Collusion and State Finance Law certifications are included in the Bid Proposal Book, and they must be signed and submitted by the bidder with the bid. The County of Cortland reserves the right to accept or reject any or all bids, to waive any informality in any bids, and to award the Contract in the County’s best interest. The County reserves the right to make the award within forty-five (45) days after the date of the bid opening, during which period bids shall not be withdrawn. 1.2 PREQUALIFICATION OF BIDDERS The apparent low bidder will be required to submit an itemized financial statement covering the previous twelve (12) calendar months of actual operations within three working days of bid opening. The statement shall include financial resources, liabilities, equipment, and experience of such a nature as to be acceptable to the County. Experience on projects of a similar nature may be taken into consideration in determining the lowest responsible bidder. The County reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. The apparent low bidder shall complete and submit the “Reference Sheet” with the financial statement. ---PAGE BREAK--- The apparent low bidder shall also complete a New York State Uniform Contracting Questionnaire and submit it to the County within three working days of bid opening for review and approval by the New York State Department of Transportation. 1.3 PROPOSAL GUARANTY Proposals shall be accompanied by a proposal guaranty in the form of a certified check, cashier's check, or bid bond in the amount of five percent of the total amount bid. It shall be made payable to "Treasurer, Cortland County". 1.4 DELIVERY OF PROPOSALS Each proposal must be submitted in duplicate in a sealed envelope clearly marked to indicate its contents. Sealed proposals must be delivered to the Cortland County Superintendent of Highways at or before the date, time and location specified herein. No responsibility shall be attached to the Superintendent of Highways or his representatives for the premature opening of any proposal not properly labeled. Bidders assume all responsibilities and risks associated with mail or courier delivery. When sent by mail, the sealed proposal must be addressed to the County at the address and in care of the official in whose office the bids are to be received. All proposals shall be filed prior to the time and at the place specified in the "Notice to Bidders". Proposals received after the time for opening of bids will be returned to the bidder unopened. 1.5 NOTICE OF SPECIAL CONDITIONS The contractor's attention is particularly called to those parts of the contract documents and specifications, which deal with the following: A. Contract Agreement form in Section C B. Revisions to the New York State Department of Transportation Standard Specifications in Section F C. Special Conditions included in Section G - Special Notes D. Prevailing Wage Rates required by N.Y.S. Labor Law - Section J 1.6 DISQUALIFICATION OF BIDDERS Any one or more of the following may be considered as sufficient cause for the disqualification of a bidder and the rejection of his proposal. More than one proposal for the same work from an individual, firm or corporation under the same or different names. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work with the County until any such participant shall have been reinstated as a qualified bidder. Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statements and experience questionnaire. Unsatisfactory performance record as shown by past work for any owner judged from the standpoint of workmanship and progress. Uncompleted work which, in the judgment of the County, might hinder or prevent the prompt completion of this work if awarded. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force at the time of letting. Failure to comply with any qualification regulations of the County. ---PAGE BREAK--- PART 2 - AWARD AND EXECUTION OF CONTRACT 2.1 CONSIDERATION OF PROPOSALS After the proposals are opened and read, they will be compared on the basis of the gross sum bid in a manner hereafter described for which the work will be performed according to the plans and specifications. The award of the contract will generally be to the lowest responsible bidder and shall be awarded by the County Legislature on the basis of the lowest gross sum bid for the entire work to be performed and the bidder’s ability to complete the project based on successful completion of similar projects. The right is reserved to reject any or all proposals, to waive technicalities, to advertise for new proposals, or to proceed to do the work otherwise, if in the judgment of the Superintendent the best interests of the County will be promoted thereby. 2.2 CANCELLATION OF AWARD The County reserves the right to cancel the award of any Contract at any time before the execution of the Contract by all parties without any liability against the County. 2.3 RETURN OF PROPOSAL GUARANTY All proposal guaranties, except those of the three lowest bidders, will be returned immediately following the opening and checking of the proposals. That of the successful bidder will be returned after a satisfactory bond has been furnished and the Contract has been executed. The remaining two guaranties will be returned within ten (10) calendar days following the award of the Contract. 2.4 BONDS The successful bidder shall at the time of the execution of the Contract, furnish a performance bond and a payment bond each in an amount equal to the full amount of the Contract. The purpose of such bonds is to assure the faithful performance of this Contract as well as the payment of all persons performing labor and furnishing materials in connection with this Contract. The form of the bonds and the security shall be acceptable to the County. Negotiable securities, satisfactory to the County, in an amount equal to that specified for the Contract bond, may be deposited with the County in lieu of such Contract bond and shall be subject to all the conditions of such bond and to such agreements as may be required by the County. 2.5 FAILURE TO EXECUTE CONTRACT Failure of the Contractor to execute the Contract and file acceptable bonds within ten (10) calendar days after he has received the Contract form shall be just cause for the annulment of the award, and for the forfeiture of the proposal guaranty. The proposal guaranty shall become the property of the County, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder or the work may be re-advertised and constructed under a new Contract or otherwise as the County may decide. PART 3 - SCOPE OF WORK 3.1 RESPONSIBILITY OF THE CONTRACTOR The Contractor will be held responsible for the execution of a satisfactory and complete piece of work, in accordance with the true intent of the drawings and specifications. He shall provide, without extra charge, all ---PAGE BREAK--- incidental items required as a part of his work including layout and survey, even though not particularly specified or indicated. If he has good reason for objecting to the use of any material, appliance, or method of construction as shown or specified, then he shall report such objections to the Engineer, and if approved by the Engineer, shall obtain proper adjustment before the Contract is made, and then shall proceed with the work with the understanding that a satisfactory job will be required. The Contractor is solely responsible for site safety and adherence to OSHA regulations. General Scope of Work: - Maintenance and Protection of Traffic - Environmental Waterway Protection - Demolition of existing structures - Installation of precast 3-sided concrete structure - Installation of reinforced concrete headwalls - Structure excavation and backfill - Placement of stone filling and erosion control items - Asphalt concrete paving - Setting of bridge rail and guide railing - Establishment of Turf PART 4 - CONTROL OF WORK 4.1 AUTHORITY OF ENGINEER The Superintendent of Highways will be represented by a Resident Engineer who will inspect the work done under the Contract on a full time basis throughout construction. The Resident Engineer shall inspect work performed, review materials to be used, and stop and reject work and materials found to be not in accordance with the plans and specifications. His authority shall cover all phases of the work. In the event that questions should arise concerning the interpretation or changes of plans and specifications or to the acceptability of the work, the Contractor shall submit his questions, in writing, to the Resident Engineer. These questions shall be forwarded to the Superintendent of Highways along with the Resident Engineer's recommendations. The Resident Engineer may place on the job other personnel who shall inspect the work as his direct representatives. Their authority shall consist of inspecting the work under the Contract, rejecting any defective material used and temporarily suspending any work improperly performed. They will not have any authority to make changes or alterations in the plans and specifications, nor be permitted to act as foremen for the Contractor. Any work done or materials used without scheduling suitable inspection by the Resident Engineer or his authorized representative as noted in Section D may be ordered removed and replaced at the Contractor's expense. 4.2 FINAL ACCEPTANCE OF WORK When in the opinion of the Engineer the Contractor has fully performed the work under the Contract, the Engineer shall recommend to the Superintendent of Highways the acceptance of the work so completed. If the Superintendent of Highways accepts the recommendation of the Engineer, then he shall notify the Contractor by letter of such acceptance, and copies of such acceptance shall be sent to other interested parties. 4.3 CONTRACTOR'S PERSONNEL The Contractor shall place in charge of the work a competent and reliable English speaking Superintendent, who shall have the authority to act for the Contractor and who shall be acceptable to the Engineer. This Superintendent must be present at all times during the working day to receive directions and orders given by the Engineer or his representatives. All workers must have sufficient skill and experience to properly perform the ---PAGE BREAK--- work assigned to them. Any person employed by the Contractor who the Engineer may deem incompetent or unfit to perform the work shall at once be discharged and shall not again be employed on projects for the County at that specific task. 4.4 COOPERATION WITH UTILITIES It shall be the Contractor's duty to notify all utility companies or other parties affected within a time frame as not to affect the schedule prior to all necessary adjustment of the public or private utility fixtures and other appurtenances within or adjacent to the limits of construction. The Contractor shall notify the Engineer in writing describing the need for, and extent of, utility adjustments and the anticipated schedule. It is understood and agreed upon that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans and that no additional compensation will be allowed for any delays, inconveniences, or damage sustained by him due to any interference from the utility appurtenances or the operation of moving them by the utility owners. The Contractor will be responsible for any fees required by the utility owners for temporary locations. PART 5 - CONTROL OF MATERIALS 5.1 CERTIFICATE OF ACCEPTABILITY All certificates of acceptability of materials required by the specifications shall be supplied by the Contractor at no expense to the County. The Engineer shall have the right to approve of the laboratories or fabricators, which will issue the certificates. The cost of the inspection by the Engineer of any plants not approved by the New York State Department of Transportation shall be borne by the Contractor. This shall include, but not be limited to, plants employed to provide mobile concrete and steel reinforcement. PART 6 - LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 6.1 SUBCONTRACTORS, MATERIALMEN AND LABORERS The Contractor shall furnish the Engineer, before final payment is authorized; an affidavit that all labor and material associated with the work in any way is paid for in full. The Contractor shall indemnify and hold the County and the Engineer harmless from any lien or claim which may be made or filed after such payment by any subcontractor, materialman or laborer in connection with work performed hereunder. 6.2 RESPONSIBILITY FOR DAMAGE CLAIMS The Contractor shall indemnify and save harmless Cortland County, its officers, and employees from all suits, actions, or claims of any character brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the said Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims on amounts arising or recovered under the Workers’ Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the Contractor under and by virtue of his Contract as shall be considered necessary by the County for such purpose, may be retained for the use of the County; or, in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the County; except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. The Contractor agrees to make no claim for damages for delay in the performance of this contract occasioned by any act or omission to act of the County or the Engineer, or any of its representatives, and the Contractor agrees ---PAGE BREAK--- that any such claim shall be fully compensated for by an extension of time to complete the performance of work as provided herein. 6.3 NO WAIVER OF LEGAL RIGHTS The County shall not be precluded or stopped by a measurement, estimate or certificate made either before or after the completion and acceptance of the work and payment therefore, from showing the true amount and character of the work performed and materials furnished by the Contractor, nor from showing that any such measurement, from recovering from the Contractor or his sureties, or both, such damage as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the County, or any representative of the County, nor any extension of time, nor any possession taken by the County shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver of any breach of the Contract shall not be held to be a waiver of any other or subsequent breach. 6.4 INSURANCE The Contractor shall be required to file certificates of insurance with the County of Cortland as specified in the County’s Sample Contract Agreement Form contained in Section C. PART 7 - PROSECUTION AND PROGRESS 7.1 NOTICE TO PROCEED The County Highway Superintendent will issue a "Notice to Proceed" which will stipulate the date on which it is expected the Contractor will begin the work. Commencement of work by the Contractor before said Notice to Proceed is made shall be deemed and taken as a waiver of this notice on his part. In no case, however, shall the Contractor begin work prior to the date of the signing of the Contract. 7.2 - PROSECUTION OF WORK The Contractor shall start construction operations on the part of the project approved by the Engineer, or set forth in the approved Progress Schedule. The work shall be conducted in such manner and with sufficient materials, equipment, and labor as are considered necessary to insure its completion in accordance with the plans and specifications as interpreted by the Engineer, by the date set forth in the Agreement. Should the prosecution of the work for any reason be discontinued, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. 7.3 TEMPORARY SUSPENSION OF WORK The Engineer shall have the authority to suspend the work wholly or in part by written order for such period as he may deem necessary due to unsuitable weather, to conditions considered unfavorable for the suitable prosecution of the work, or to carry out orders given or to perform any provisions of the Contract. 7.4 DATE OF COMPLETION OF CONTRACT WORK The Contractor shall perform fully, entirely, and in a satisfactory and acceptable manner the work contracted, by the date stipulated in the Agreement. In adjusting the Agreement date for the completion of the project, all strikes, lock-outs, unusual delays in transportation, or any condition over which the Contractor has no control, and also any suspensions ordered by the Engineer for causes not the fault of the Contractor, shall be excluded from the computation of the contract time for completion of the work. No allowance will be made for delays or suspensions of the prosecution of the work due to the fault of the Contractor. 7.5 TERMINATION OF CONTRACT ---PAGE BREAK--- If the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against him, or if the Contractor fails after seven days notice to supply enough properly skilled workers or proper materials or fails to prosecute the work with such diligence as will insure its completion by the Agreement date or shall in any other respect commit a breach of his Agreement and fail to remedy the same within seven days after notice thereof, the County may, by twenty-four (24) hours written notice, terminate the Contractor's right to proceed with the balance of the work or with any portion thereof and may take possession of the work and complete it by Contract or otherwise. The County may utilize such materials, plant and equipment as may be on the site of the work. 7.6 FAILURE TO COMPLETE WORK ON TIME When the work embraced in the Contract is not completed on or before the date specified therein, engineering and inspection expenses incurred by the County upon the work from the completion date originally fixed in the Agreement to the final date of completion of the work may be charged to the Contractor and be deducted by the County from any payment due the Contractor. Consideration of any extra work or supplemental Contract work added to the original Contract as well as extenuating circumstances beyond the control of the Contractor, will be given due consideration by the County before assessing engineering and inspection charges against the Contractor. The Contractor will be responsible for any delays resulting from causes within the Contractor's control, including inefficient operations, and the Superintendent of Highways shall be the sole judge of whether such charges shall be assessed against the Contractor. The beginning and ending dates of the allowable period of construction will be stipulated in the New York State Department of Environmental Conservation (NYSDEC) and/or Army Corps of Engineers permits. If work is performed outside the stipulated period of time, the Contractor will be subject to pay any fines resulting from violation of the permits. 7.7 ASSIGNMENT The Contract shall be binding upon the parties hereto and upon their respective successors and assigns; but neither party hereto shall assign or transfer any interest herein, without the written consent of the other. PART 8 - MEASUREMENT AND PAYMENT 8.1 PAYMENTS ON CONTRACT Payments to the Contractor will be made for the percentage of work satisfactorily completed. No payment will be rendered for less than 10% of the Contract amount or $100,000.00, whichever is less. The attention of persons intending to make proposals is specifically called to the provisions of Section 70 and 71 of the Lien Law, and Section 1302-C of the Penal Law in relation to funds being received by a Contractor for a public improvement. These provisions declare that the funds received by the Contractor shall constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. No certificate approving or authorizing the first partial payment, or in the event taxes shall be found due in accordance with this Section after the first payment to the Contractor, then no certificates approving or authorizing any final payment shall be made to a foreign Contractor unless such Contractor furnishes satisfactory proof that all taxes due by such Contractor under the provisions of Articles 9, 9A, 16, and 16A of the Tax Law have been paid. The certificate of the State Tax Commission to the effect that all such taxes have been paid shall be conclusive proof of the payment of such taxes. The term "Foreign Contractor" as used in the preceding paragraph means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a firm or co-partnership, one having one or more partners who is a legal resident of another State or foreign country and in the case of a corporation, one having its principal place of business in another State or foreign country. ---PAGE BREAK--- 8.2 DIFFERING SITE CONDITIONS The Contractor shall and before the conditions are disturbed, give a written notice to the Engineer of subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. The Engineer shall investigate the site conditions after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, then an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. The Contractor shall not have rights to suspend work during resolution of a differing site condition as stipulated in Section 105-14 of the Standard Specifications. No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed above for giving written notice may be extended by the Engineer. ---PAGE BREAK--- SECTION F Revisions to New York State Department of Transportation Standard Specifications ---PAGE BREAK--- No Revisions to Standard Specifications. ---PAGE BREAK--- SECTION G SPECIAL NOTES ---PAGE BREAK--- SPECIAL NOTES The Contractor’s attention is specifically called to Section 102-08 of the State of New York Department of Transportation, Office of Engineering, Standard Specifications, Construction and Materials of January 1, 2017, including any addenda and errata to date. GENERAL All work, materials, and construction methods contemplated under this contract are to be covered by and in conformity with the New York State Standard Specifications of January 1, 2017, including all revisions and modifications published by New York State, except as modified on these plans and in the itemized proposal. Changes made to these plans and related Contract Documents since completion by the County of Cortland may be determined by comparison with such final plans and related documents filed at the Cortland County Highway Department office. TRADITIONAL (ENGLISH) SYSTEM UNITS OF MEASUREMENT Bidders are advised that the units of measurement for all pay items for work in this contract shall be made using Traditional (English) system units of measurement. OPERATIONAL DAMAGES The Contractor will be held entirely responsible for any damages to adjacent property as a result of his operations. Blasting operations shall be permitted only when approved by the Engineer and by the proper municipal authorities. A pre-blasting conference will be required prior to approval being granted by the Engineer. Blasting operations shall be conducted in such a manner as not to endanger the public, obstruct streets or to endanger adjacent properties. The Contractor shall protect all trees and shrubs in an approved manner, which may include fences and boards lashed to trees to prevent damage from blasting or machine operations. He shall prevent damage to pipes, conduits and other underground structures and all land monuments and property marks. The Contractor shall be responsible for all fire on the site of the work whether started by himself or others and no materials shall be burned on the site except with the approval of the Engineer and not without first obtaining permits from the proper municipal authorities. CONTRACTOR WORK PERIOD AND TIME LIMITATIONS The contractor shall commence work after award and all contract work shall be completed by October 1, 2017. NOTIFICATION The contractor shall notify the EIC at least three days in advance of the start of new work or the resumption of discontinued work. The contractor shall submit a progress schedule for that work to the engineer. EMERGENCY CONTACT PERSON The Contractor shall designate someone to be available to respond to emergency calls. The name of the person and the telephone number at which he/she can be reached at any time shall be given to the EIC, and all police agencies in the area. Such person shall have full authority and capability to mobilize forces as required to respond to an emergency and protect the public. ---PAGE BREAK--- At all times during construction, the Contractor must provide safe and convenient emergency access. Local fire and police authorities and ambulance services shall be notified by the Contractor at least two weeks in advance of any road closing CONSTRUCTION PERMITS / DISPOSAL SITES The Contractor shall give all necessary notices, obtain all permits and pay all legal fees encountered in the work. Copies of all permits are to be given to the EIC. He/she shall also comply with all public agency laws, ordinances or regulations of the State of New York and all local agencies having jurisdiction over work of this nature. Where a conflict occurs, these shall take precedence over any requirements of these specifications. This, however, shall not be interpreted as permitting the use of materials, equipment or work procedures inferior to those specified. LATE DELIVERY OF MATERIAL IN SHORT SUPPLY In the event the delivery of any material in short supply is delayed substantially beyond the normal delivery time which results in delaying the completion of the contract, the contract will be extended without the assessment of engineering charges. The Contractor shall, however, demonstrate to the Engineer that he has made every reasonable effort to obtain such material and complete the contract. EXCAVATION The Contractor's attention is called to the fact that any contours shown in the plans are approximate, and in any event, they are not to be deemed or considered by the Contractor as a warranty or a representation by the Engineer of exact field conditions. OTHER CONTRACTORS IN PROJECT AREA The Contractor’s attention is directed to the fact that because of possible work on other contracts within the limits of this contract, he/she may not have exclusive occupancy of the territory within the limits of this contract. The provisions of Subsection 105-06 of the Standard Specifications, as amended, shall apply. SITE SAFETY The Contractor shall perform all work in the Contract Documents in a workmanlike manner with due regard to the safety of the employees and of the public. The Contractor shall comply with all rules, regulations and standards of the Occupational Safety and Health Administration, U.S. Department of Labor in the performance of the work required by the Contract Documents in all matters regarding the safety and protection of persons employed in construction, excavation and demolition work. The Contractor shall also meet all applicable requirements of the State of New York Department of Labor, Industrial Code Rule 53 regarding construction, excavation and demolition operations at or near underground facilities. The Contractor is fully and solely responsible for site safety precautions. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss of:  all employees on the site and other persons who may be affected thereby;  all the work and all products to be incorporated therein, whether in storage on or off the site; and  other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Contractor shall assume all responsibility for damage to persons or property which may occur during the prosecution of the work and shall replace or make good any such damage, loss or injury. ---PAGE BREAK--- CONSTRUCTION NOISE CONTROL The Contractor shall be required to effectively control highway construction noise at all times. Control will be accomplished, but not limited to, the following:  Limiting the hours of construction activity to between 7:00 a.m. and 5:00 p.m., Monday through Saturday. No project work shall be allowed on Sundays, unless requested in writing by the contractor and approved in writing by the County.  The Contractor shall comply with all federal, state, and local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to this project.  Prolonged idling of noisy equipment, which is not in use, shall be prohibited.  Equipment shall be properly maintained to insure that the operational noise is kept to a minimum.  Conducting truck loading, unloading, and hauling such that noise is kept to a minimum. Actual routing of construction equipment shall be via streets that will cause the least disturbance to area residents.  Each internal combustion engine, used for any purpose on the project or related to the project, shall be equipped with a properly operating muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. REPORTING OF SPILLS, DISCHARGES AND/OR CONTAMINATED SOILS The Contractor shall be responsible for reporting any findings of spills, leaks of petroleum products, contaminated soils, buried drums of unknown substances, or any other potentially hazardous materials to the NYSDEC within two hours of the discovery. Notification must be made by calling NYSDEC – hotline number – (800) 457- 7362. EROSION PROTECTION The Contractor’s attention is directed to the need for proper and early erosion control measures. Temporary soil erosion and pollution control plans are provided in the contract documents. TRAFFIC CONTROL PLAN Maintenance and protection of traffic shall be provided in accordance with Section 619 of the Standard Specifications, the New York State Manual of Uniform Traffic Control Devices, and any provisions contained in the plans and/or proposal of this contract. Prior to the start of work the contractor may submit any proposed changes to the Traffic Control Plan to the EIC for approval. Any change that alters the basic concept of the plan must be approved by the EIC or his/her designee. The Contractor shall coordinate with the Underground Facilities Protective Organization (UFPO) prior to driving any sign posts. EXISTING VEGETATION The Contractor shall give particular attention and care to protect from damage all existing vegetation, including turf, trees, ornamental plantings, etc., which is not within the actual construction limits. Every attempt shall be made to protect and save the vegetation that is near the construction limits according to the instructions of the EIC. ---PAGE BREAK--- ARCHEOLOGICAL SALVAGE It is the national policy to have preserved for public use historical and prehistoric sites, buildings, and objects of national significance for the benefit of the People of the United States. Indian remains, artifacts or ruins come within this policy. Whenever, during the course of construction, historical ruins or objects are encountered, such objects will not be destroyed or moved. Work will be rescheduled to avoid disturbing such areas and the EIC of the project will be notified immediately. EXISTING ROADS Existing roads used for the hauling of materials or equipment shall be kept free from debris and maintained by the contractor and left in a condition satisfactory to the EIC. The Contractor is warned that he/she shall be held responsible for any damage to existing roads caused by the operation of his/her equipment, and that adequate repairs for such damage shall be required at his/her expense. UTILITIES - GENERAL All known public and private utility installations within the Contract limits and their disposition are shown in their approximate locations on the Contract plans. The Contractor is, however, cautioned that these locations are not guaranteed, nor is there any guarantee that all such facilities within the Contract limits have been shown on the plans. In this regard the Contractor's attention is called to Subsections 102-05 and 105-03 of the Standard Specifications. Utilities encountered during the work shall be maintained and protected in their existing locations until otherwise provided for. If services or utility lines not shown on the plans are encountered, then excavation and grading shall be done with caution in order that these services not be disturbed until proper disposition of such is made by their owners. Damage by the Contractor to privately owned utilities shall be in all cases the responsibility of the Contractor. Relocation of public utilities and accessories is a responsibility of the servicing agency. Every reasonable attempt will be made by the agents of the Cortland County Department of Highways not to inconvenience or additionally cost the Contractor due to such locationing relating to time and/or place; however, no extra compensation will be made to the Contractor by the County of Cortland for extra work or loss of time due to such utilities or the removal or relocation of such utilities. The Contractor shall notify the Engineer, in writing, at least fourteen (14) days in advance of any work, which may affect any utility or cause an interruption or disruption of utility service. VEHICLE WEIGHTS The Contractor shall submit to the Engineer the weights of the construction vehicles to be used on the pavement and on the culverts. PRECONSTRUCTION CONFERENCE AND PROJECT SCHEDULE The Contractor shall submit to the County and the Engineer a detailed construction schedule acceptable to the Engineer for review prior to the preconstruction conference. The schedule shall be based on the beginning and end of each subtask as outlined in the bid schedule. The Contractor should be represented at the preconstruction conference by those staff to be in responsible charge of the work, including the site superintendent. CONCRETE INSPECTION The County shall be responsible for all on site and laboratory concrete testing. ---PAGE BREAK--- SUBLETTING OR ASSIGNING THE CONTRACT The Contractor shall perform with his own organization contract work amounting to not less than 50 percent of the original total contract price, except that any items designated by the County as "Specialty Items" so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with its own organization. Contractor’s own organization shall be construed to include only workers employed and paid directly by the Contractor and equipment owned or rented by him, with or without operators. SPECIALTY ITEMS IN THIS CONTRACT - No specialty items in this contract. AUTOMATION AND RECORDATION EQUIPMENT FOR CONCRETE The Contractor should note that mobile concrete plants equipped with New York State Department of Transportation approved automatic proportioning and recording devices are required for batching the ingredients of portland cement concrete mixtures. The use of plants equipped with manually operated batching controls will not be permitted unless otherwise allowed in the Standard Specifications or contract proposal, or approved by the Engineer. Portland cement concrete shall be proportioned in New York State Department of Transportation approved batch plants having automatic proportioning and recordation equipment meeting the requirements of Subsection 501-2.03, Handling, Measuring and Batching Materials, except for the following: 1. When approved by the Engineer, the Contractor may use an approved Mobile Concrete Mixing Unit for supplying concrete for miscellaneous work defined in Subsection 501-2.04, Paragraph C, Mobile Concrete Mixing Units. 2. The Contractor may use a small construction mixer meeting the requirements of Subsection 501-2.04 D for miscellaneous placements involving small quantities of concrete when permitted by the Engineer. The bid prices shall reflect the cost for using portland cement concrete meeting the above requirements. SALVAGED MATERIALS Unless otherwise shown on the plans or specified in the proposal, all salvaged material shall become the property of the Contractor. ORDINANCES AND PERMITS The Contractor shall comply with, and give all notices required by, all laws, ordinances, rules and regulations bearing on the conduct of the work. He shall procure and pay for all permits and licenses which may be necessary for the completion of the work. REQUIRED NOTICES a. Fire and Police Officials Local fire and police authorities shall be notified by the Contractor in advance of the beginning of the progress of the work in order to coordinate and maintain sufficient fire and police protection. b. School Officials and Ambulance Companies ---PAGE BREAK--- The Contractor shall closely coordinate all work impacting school pedestrian and bus traffic with the Engineer. Safe School Route Maintenance Plans shall be submitted by the Contractor and approved by the Engineer prior to construction. The cost of any additional signage, flagpersons or other requirements to maintain school routes throughout the duration of the project shall be included in the Lump Sum Bid price. The Contractor is required to make personal contact with appropriate ambulance companies in respect to the effect of road closing on their operations. This should be done several weeks in advance of changes so that there will be adequate time for them to make necessary adjustments to their schedules and routes. RIGHT OF WAY Previously signed contracts or agreements made between the Department of Highways of the County of Cortland and the pertinent landowners must be honored by the Contractor. A list of pertinent signed agreements will be furnished to the Contractor. Any deviations from the above stated Contracts of Agreements after the contract is awarded must be first stipulated in writing and signed by all interested parties. ENVIRONMENTAL CONCERNS At any time the Engineer feels contract work is adversely impacting water courses, streams, rivers or adjacent properties, he shall order such operations be terminated, and the Contractor must provide the necessary mitigation devices prior to continuing. SHOP DRAWINGS The Contractor will be required to submit shop drawings for the following items:  Steel Bar reinforcement  Reinforced Concrete Span Units  Guide Rail MATERIAL SAFETY DATA SHEETS The Contractor is responsible for providing the Material Safety Data Sheets to the County prior to introducing hazardous materials onto the site, assuring compliance before work is started and disseminating any information to the County employees concerning significant chemical hazards that the Contractor is bringing to the County’s workplace. The Material Safety Data Sheets will be maintained by the County as long as those materials are present. It is the responsibility of the Contractor to train its own employees. ASBESTOS There are to be NO asbestos materials used in any work being done for the County. If it is found that products with asbestos materials have been used, the vendor using them will be held responsible for all cost of clean-up, removal and any other cost that may occur because of it. SUBCONTRACTORS, SUPPLIERS AND MATERIAL SOURCES The Contractor shall submit to the Engineer for approval at the preconstruction meeting all subcontractors, suppliers and material sources anticipated to be used on the project. ---PAGE BREAK--- HISTOPLASMOSIS The Contractor’s attention is directed to Subsection 107-05Q of the Standard Specifications, for information related to procedures for working in locations where birds or bats may have nested. FALL PROTECTION and WORKING OVER WATER The Contractor’s attention is directed to Subsections 107-05H & 107-05I of the Standard Specifications for information related to fall protection and working over water. ELECTRICAL SAFETY The Contractor’s attention is directed to Subsection 107-05J of the Standard Specifications, for information related to electrical safety. COMPETENCY & CHARACTER OF EMPLOYEES The Contractor shall employ only competent and skillful persons to perform the work. This provision shall apply equally to common laborers and skilled craftsmen or tradesmen. Whenever the Engineer informs the Contractor that any person employed by the Contractor or one of his/her subcontractors is, in the Engineer's opinion, incompetent, intemperate, insufficiently skillful, or disorderly, or refuses to carry out the provisions of the Contract, or who uses threatening or abusive language to the Owner, the Engineer, or any authorized representative(s) thereof, such person shall be discharged by the Contractor and shall not again be permitted on the work site without the written consent of the Engineer. SUBSURFACE CONDITIONS Subsurface explorations have been made for this project. LEGAL LOADS The Contractor is reminded that only legal loads are permitted on public highways. The only exception to this is the presently authorized issuance of permits for special or occasional oversize or overweight loads. These permits are issued at the discretion of the Department of Highways and only under special conditions over specified highways at designated times and do not apply to the hauling of materials for construction contracts. Weigh slips, which are a part of contract records, are to be made available to enforcing agencies. If the section of highway under construction is designated as a Restricted Highway by the Highway Superintendent, then only legal loads will be permitted unless otherwise authorized in writing by the Engineer. Such authorization will in general apply only to those portions of the highway that are to be destroyed during construction and generally not newly finished pavement or structures. It is anticipated that seasonal or weather conditions may frequently require the use of lighter and smaller equipment and loads than might be used under optimum conditions. If the Engineer determines that hauling operations or other movement of heavy equipment is having or may result in detrimental effects on the finished highway, on or off the site, then the Engineer may restrict those operations and/or locations. EQUIPMENT RENTAL RATES - A list of equipment to be used in the contract shall be submitted to the Engineer before any work is started. Such list will include all necessary information to ascertain New York State Rental Rates and need not include trucks. ---PAGE BREAK--- ASPHALT CONCRETE HAUL - The Contractor's attention is directed to the fact that asphalt concrete may NOT be hauled in excess of 35 miles from the source of supply to the project, without written permission of the Cortland County Superintendent of Highways. PAVERS - Asphalt concrete pavers on this project will be required to have electronically controlled leveling devices. SEQUENCE OF OPERATIONS - The laying of pavement on the project shall be started at the end farthest from the source of supply of asphalt concrete and shall progress toward the said source of supply. FINE GRADE OPERATIONS - The use of "new steel" on all cutting edges shall be a requirement during fine grading operations in preparation for the application of pavement courses. All equipment shall be shimmed. REMOVAL OF COUNTY, TOWN OR VILLAGE-OWNED FACILITIES The Contractor shall give sufficient notice to the Engineer, for removal by County forces, of such County, Town or Village-owned facilities as signs and delineators. EXISTING CONDITIONS All dimensions affected by the geometrics and/or location of the existing structure are to be checked in the field by the Contractor, before ordering or fabricating any materials, and before any construction begins. It shall be the responsibility of the Contractor to supply the Engineer with all field dimensions required to check shop drawings. INSURANCE The Contractor shall provide insurance coverage including the project and for a distance of 500 feet beyond the "Limit of Work" as shown on the plans. FUEL AND ASPHALT PRICE ADJUSTMENTS No adjustments will be made to fuel or asphalt prices. ENVIRONMENTAL PERMITS The permit conditions and/or restrictions for the following permits are filed by the OWNER, and must be adhered to at all times: 1. U.S. ARMY CORPS OF ENGINEERS SECTION 404 NATIONWIDE PERMIT COORDINATION WITH UTILITY SCHEDULE The contractor shall coordinate his schedule of operations with the various utility owners involved with the project and shall verify information found in the contract documents. An on-site meeting will be held approximately two weeks after contract letting to finalize any necessary utility coordination. ---PAGE BREAK--- SECTION H SPECIAL SPECIFICATIONS ---PAGE BREAK--- SPECIAL SPECIFICATIONS The specifications for the various items of contract work included in this project, unless specifically provided herein, shall conform to the New York State Department of Transportation, Office of Engineering, Standard Specifications, Construction and Materials dated January 1, 2017 and all Addenda. The following Special Specifications shall be used for construction of the project: ITEM NO. DESCRIPTION UNIT 555.01040070 Footing Concrete, Class A, CY (Reinforcement included and no bar list in plans) 555.97010070 Concrete Structures, Class HP, CY (Reinforcement included and no bar list in plans) 568.16000015 Double Box Beam Bridge Rail FT C595.01 Membrane Waterproofing CIM 1000 SY 613.04000001 Stockpiling and placing existing CY Streambed Materials 627.50140008 Cutting Pavement SY 797.0201 On Demand Change Order DC ---PAGE BREAK--- ITEM 555.01040070 – FOOTING CONCRETE, CLASS A (REINFORCEMENT INCLUDED AND NO BAR LIST IN PLANS) DESCRIPTION: This work shall consist of furnishing and placing Class A concrete for structures, including steel reinforcement as indicated in the contract documents or as directed by the Engineer. MATERIALS: All the material requirements of §555-2 and §556-2 shall apply. If specified in the contract documents, galvanized reinforcement shall meet the requirements of §709-11. CONSTRUCTION DETAILS: If placement details and bar lists are not included in the contract plans, then the following provisions apply: 1. At least thirty (30) days prior to fabrication of the reinforcement the Contractor shall submit a minimum of two copies of the bar lists and placement drawings showing the bar locations to the Engineer. The details of the bar list drawing and placement shall meet the requirements of the current edition of the Concrete Reinforcing Steel Institute’s publication Reinforcing Bar Detailing. Placement drawings shall be size Drawings and bar lists shall be clear and legible. 2. Requests for information or changes along with reasons shall be documented in a separate list. 3. The Engineer will transmit the documents to the designer for review for conformance with the design requirements and in accordance with §105-16. The designer will not check number of bars, weights or bar marks. Corrections will be returned to the Contractor. A review time of two days per placement drawing submitted with a minimum of 15 days for each submission will be allowed upon receipt of the submission. When the documents are satisfactory they will be returned to the Contractor stamped “Approved In Conformance With Design Requirements”. The Contractor shall supply the Engineer with five copies of the approved documents. No reinforcement shall be placed until copies of the approved documents are received by the Engineer. 4. Construction details for reinforcing steel shall meet the requirements of §556-3. The reinforcement shall be of the type indicated in the contract documents. 5. Partial submissions that require coordination with other drawings will not be accepted. 6. All the provisions of §555-3 shall apply. METHOD OF MEASUREMENT: All the provisions of §555-4 shall apply. Separate measurement of the bar reinforcement will not be made. BASIS OF PAYMENT: All the provisions of § 555-5 shall apply, except that bar reinforcement will be included. No separate payment will be made for reinforcement. ---PAGE BREAK--- ITEM 555.97010070 – CONCRETE FOR STRUCTURES, CLASS HP (REINFORCEMENT INCLUDED AND NO BAR LIST IN PLANS) DESCRIPTION: This work shall consist of furnishing and placing Class HP concrete for structures, including steel reinforcement as indicated in the contract documents or as directed by the Engineer. MATERIALS: All the material requirements of §555-2 and §556-2 shall apply. If specified in the contract documents, galvanized reinforcement shall meet the requirements of §709-11. CONSTRUCTION DETAILS: If placement details and bar lists are not included in the contract plans, then the following provisions apply: 1. At least thirty (30) days prior to fabrication of the reinforcement the Contractor shall submit a minimum of two copies of the bar lists and placement drawings showing the bar locations to the Engineer. The details of the bar list drawing and placement shall meet the requirements of the current edition of the Concrete Reinforcing Steel Institute’s publication Reinforcing Bar Detailing. Placement drawings shall be size Drawings and bar lists shall be clear and legible. 2. Requests for information or changes along with reasons shall be documented in a separate list. 3. The Engineer will transmit the documents to the designer for review for conformance with the design requirements and in accordance with §105-16. The designer will not check number of bars, weights or bar marks. Corrections will be returned to the Contractor. A review time of two days per placement drawing submitted with a minimum of 15 days for each submission will be allowed upon receipt of the submission. When the documents are satisfactory they will be returned to the Contractor stamped “Approved In Conformance With Design Requirements”. The Contractor shall supply the Engineer with five copies of the approved documents. No reinforcement shall be placed until copies of the approved documents are received by the Engineer. 4. Construction details for reinforcing steel shall meet the requirements of §556-3. The reinforcement shall be of the type indicated in the contract documents. 5. Partial submissions that require coordination with other drawings will not be accepted. 6. All the provisions of §555-3 shall apply. METHOD OF MEASUREMENT: All the provisions of §555-4 shall apply. Separate measurement of the bar reinforcement will not be made. BASIS OF PAYMENT: All the provisions of § 555-5 shall apply, except that bar reinforcement will be included. No separate payment will be made for reinforcement. ---PAGE BREAK--- ITEM 568.16000015 - DOUBLE BOX BEAM BRIDGE RAIL The requirements of Section 568 - Bridge Railing of the Standard Specifications shall apply. ---PAGE BREAK--- ITEM C595.01 – MEMBRANE WATERPROOFING SYSTEM– CIM 1000 DESCRIPTION: Furnish and install membrane waterproofing system in accordance with the contract documents and as directed by the Engineer. Include all surface preparation and quality control testing of substrates and applied membrane. MATERIALS: The membrane system provided shall be “CIM 1000 Waterproofing System” as manufactured by C.I.M. Industries Inc., 23 Elm Street, Peterborough, NH 03458, or equal as approved by the County Superintendent of Highways. CONSTRUCTION DETAILS: Arrange for the membrane system manufacturer to have a competent technical representative with necessary equipment to perform quality control testing at the job site during all phases of preparation and installation. The technical representative is responsible to perform quality control testing during membrane application. The technical representative will present all quality control testing equipment to the Engineer to verify calibration dates and demonstrate their competency to perform quality control testing. Supply Material Safety Data Sheets (MSDS) to the Engineer a minimum of two weeks prior to commencement of work. Protect personnel exposed to primers and membrane in accordance with MSDS. The contractor shall store and install the membrane and all associated components in accordance with the manufacturers published recommendations. Priming and installation of membrane shall only be done when the air and concrete temperatures are above 6 degrees Celsius and the surfaces that are to receive the primer and membrane have a moisture content at, or below The moisture content shall be checked with a “Sovereign Portable Electronic Moisture Master” meter, or an approved equal. The primer and membrane shall be applied per the manufacturer’s recommendations. The concrete surface receiving the membrane shall be prepared in accordance with the manufacturer’s recommendations and be clean of all foreign materials, such as grease or oil, sharp protrusions and be free of laitance. All surfaces shall be swept and cleaned by brooms and compressed air, as directed by the Engineer. In addition to verifying the moisture content and temperature of the substrate the following quality control testing shall be performed by the manufacturer’s technical representative: 1. Substrate Cohesion/Primer Adhesion - ASTM D4541 – Pull –off Strength of Coatings Using Portable Adhesion Testers. One test is required for every 200 square meters of prepared substrate area. Minimum adhesion of 1 MPa are required before applying primer. 2. Membrane Pin Holes - ASTM D4787 – Continuity Verification of Liquid or Sheet Linings Applied to Concrete Substrates. 3. Membrane Adhesion - ASTM D4541 – Pull –off Strength of Coatings Using Portable Adhesion Testers. One test is required for every 200 square meters of prepared substrate area. Minimum adhesion of 1 MPa are required. The contractor shall repair and correct any deficiencies in the membrane system and substrate noted during quality control testing as recommended by the manufacturer’s representative to the satisfaction of the Engineer and at no additional cost to the County. ---PAGE BREAK--- METHOD OF MEASUREMENT: This work shall be measured as the number of square yards of membrane waterproofing system satisfactorily furnished and installed as shown on the contract plans or as ordered by the engineer. BASIS FOR PAYMENT: Payment shall be made on a lump sum basis and shall include the cost of furnishing all materials, labor and equipment necessary to satisfactorily complete the work. ---PAGE BREAK--- ITEM 613.04000001 – STOCKPILING AND PLACING EXISTING STREAMBED MATERIALS DESCRIPTION This work shall consist of stockpiling and placing existing stream bed materials in conformance with the lines, grades and thickness shown in the Contract Documents or as directed by the Engineer. MATERIALS Stream bed materials shall come from the existing stream bed areas within the work limits as shown in the Contract Documents or as determined by the Engineer. Stream bed materials shall be the surface layer of the native stream bed and shall be free of refuse and debris. CONSTRUCTION DETAILS Work Plan. The Contractor shall submit a work plan to the Engineer describing the methodology and equipment that will be utilized to complete the stripping, stockpiling, and placing of the stream bed materials. The work plan shall also identify the Contractor's protection of all watercourses from water borne sediment or other pollutants. No work shall commence in the stream bed until the Engineer has reviewed and provided the Contractor with written acceptance of the work plan. Stripping of Existing Stream bed Materials. Stream bed materials shall be stripped from the areas and to the depth designated in the Contract Documents or as directed by the Engineer. The stream bed materials shall be stripped prior to starting the general excavation in the area. After stripping, the stream bed materials shall be immediately placed or stockpiled in a location approved by the Engineer and surrounded with an appropriate erosion control measure. Preparation of Areas to Receive Stream bed Materials. The surface within the areas to be covered by stream bed materials shall be de-watered and graded so that the completed work after the stream bed material is placed, shall conform to the specified lines and grades. The Contractor shall chink the voids in these areas as necessary to the satisfaction of the Engineer, prior to the placement of the stream bed materials. Placing and Spreading of Stream bed Materials. The stream bed materials shall be placed to the thickness and grade lines designated as shown in the contract documents and in a manner consistent with the approved work plan, unless otherwise directed by the Engineer. Restoration. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded as required by the Engineer and put into a condition acceptable for seeding. Surplus stream bed materials shall be disposed of in accordance with the provisions of 203- Disposal of Surplus Excavated Material. METHOD OF MEASUREMENT Stream bed material quantities shall be measured in cubic yards, computed from the final (in place) payment lines shown on the plans except where revised payment lines are established by the Engineer. BASIS OF PAYMENT The unit price bid shall include the cost of furnishing all equipment, labor, and materials necessary to complete the work as specified. The stripping (excavation) of the stream bed materials shall be paid for under the appropriate excavation item(s) as noted in the Contract Documents. ---PAGE BREAK--- ITEM 627.50140008 - CUTTING PAVEMENT DESCRIPTION: The contractor shall cut existing asphalt pavement, concrete pavement, asphalt surface course, or asphalt concrete overlay on concrete pavement at the locations indicated and detailed on the plans and as directed by the Engineer. MATERIALS: None specified. CONSTRUCTION DETAILS: Existing pavement and overlay shall be cut perpendicular to the roadway surface along neat lines, and to the depth indicated on the plans and typical sections, using appropriate equipment. After the pavement has been cut through, the Contractor may use pry bars, pneumatic tools or other methods, to pry loose the pavement to be removed from the pavement that is to remain. A pavement breaker may be used to break up the pavement to be removed after the pavement has been completely cut through and completely free from the pavement to remain. When pavement cutting is called for in the Contract documents, if a neat vertical face with minimal shatter is obtained by performing an adjacent operation (such as milling) which eliminates the need to perform a separate pavement cutting operation, payment will be made for both the pavement cutting item and the item for the adjacent operation. Any existing pavements and curbs not indicated to be removed that are damaged by the contractor's operations, shall be repaired at no additional cost to the State. Pavement cutting that the contractor chooses to do for his/her own convenience shall not receive any additional payment from the State. METHOD OF MEASUREMENT: The quantity to be measured will be the number of feet of pavement cutting satisfactorily completed. BASIS OF PAYMENT: The unit price bid per foot of pavement cutting shall include the cost of all labor, materials, and equipment necessary to satisfactorily complete the work. Payment for prying, breaking, removal and disposal of cut pavement shall be made through other appropriate items. ---PAGE BREAK--- SECTION 797 – ON DEMAND CHANGE ORDER 797-1 DESCRIPTION 797-1.01 General. The On Demand Change Order (ODCO) provides a contract contingency allowance for the timely payment of authorized additional work that is necessary to fulfill the intent of the plans and specifications. Authorization requires the approval of the Cortland County Highway Superintendent. 797-1.02 Eligible Work. ODCO payments shall be limited to work that is due to unforeseen conditions or field adjustments. All eligible items of work shall have a known unit price through an Agreed Price. 797-2 MATERIALS. None Specified 797-3 CONSTRUCTION DETAILS. None Specified 797-4 METHOD OF MEASUREMENT. 797-4.01 Bid Price. The unit price shown in the proposal for this item will be considered as the price bid, and shall not be altered in any manner. Should the amount be altered, the new figure will be disregarded and the original price will be used to determine the total amount bid for the contract. 797-4.02 Payments. Work for which ODCO payments are processed will be measured in accordance with the specifications governing the work. 797-5 BASIS OF PAYMENT. All work to be paid under the ODCO item must be authorized by the Cortland County Highway Superintendent in advance of the work. Disputed work, force account work, work associated with Value Engineering Change Proposals, or payments for time related provisions are not eligible for ODCO payments. ODCO payments will be determined from the agreed upon quantities and unit prices of eligible work that has been completed in conformance with applicable Specifications. Work for which ODCO payments are processed will be paid in accordance with the specifications governing the work. Prior to processing the final agreement, the ODCO payments will be reconciled through a final Order-on- Contract. When the final Order-on-Contract payments are reconciled, the remaining amount of ODCO funds will be deleted. Payment will be made under: Item No. Item Pay Unit 2 On Demand Change Order (ODCO) Dollars-Cents ---PAGE BREAK--- SECTION I TECHNICAL SPECIFICATIONS ---PAGE BREAK--- TECHNICAL SPECIFICATIONS 1. SPECIFICATIONS The New York State Department of Transportation, Office of Engineering, Standard Specifications, Construction and Materials of January 1, 2017 including any addenda to date, are hereby incorporated, in their entirety, and made a composite part of these specifications except as herewith modified and supplemented by these specifications and subsequent documents issued by the County. The Specifications, Plans and Contract Documents of the County shall govern over those of other agencies but where the method of work and requirements of materials are not included in the Contract Documents of the County, the New York State Department of Transportation, Standard Specifications, Construction and Materials of January 1, 2017 including any addenda to date shall govern. 2. DEFINITIONS Refer to Section D for Definitions and Terms To avoid excessive overlapping and repetition, there are certain sections, materials and items that are referred to in other items. In these cases, it is understood that the words such as culvert and sewer; sanitary and storm; utility and sewer; manhole and catch basin; structure and culvert; gravel and granular fill or material; select and selected; bituminous and asphalt; etc., are interchangeable. In cases where references are not given and the need arises for a specification, similar sections or related items shall govern. Whenever the words directed, required, permitted, ordered, instructed, designated, considered necessary, or where the words of like import are used, it shall be understood that the direction, requirement, permission, order, instruction, designation or prescription of the Engineer is intended; and similarly, the words approved, acceptable, satisfactory, or words of like import shall mean approved by or acceptable or satisfactory to the Engineer, unless another meaning is plainly intended. Whenever, in the description of any part of the Work to be done under this Contract, the expression as shown, as shown on the plans or the words of like import are used, it shall be understood to mean as shown on the Contract Drawings, unless another meaning is plainly intended. ---PAGE BREAK--- SECTION J NYS Department of Labor Prevailing Wage Rates ---PAGE BREAK--- DEPARTMENT OF LABOR CONTRACT REQUIREMENTS AND PREVAILING WAGE RATE SCHEDULES Labor classifications not appearing on the following rate sheets can be used only with the consent of the Superintendent of Highways and then the rate to be paid will be given by the Superintendent of Highways after advising with the State Department of Labor. All requests for minimum wage rates for additional occupations shall be directed through the County. The bidder shall take into account in his bid all changes in wage rates and supplements that may be forthcoming during the time the contract is in force. The Contractor in the execution of the work under the contract in accordance with the provisions of the specifications and the special provisions to the specifications may submit job orders to and may also request the referral of lists of qualified applicants for the work of the NEW YORK STATE EMPLOYMENT SERVICE. The Prevailing Wage Schedule for this project is available on the Department of Labor’s website: www.labor.stste.ny.us The current Prevailing Wage Schedule and updates PDF copies of the schedule can be accessed by entering the assigned PRC # ([PHONE REDACTED]) in the proper location on the website. ---PAGE BREAK--- PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2016 through June 2017. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www.labor.state.ny.us. PW 200 [EMAIL REDACTED] Andrew M. Cuomo, Governor Roberta Reardon, Commissioner Cortland County Trisha Jesset, Senior Engineer 60 Central Ave. Cortland NY 13045 Schedule Year 2016 through 2017 Date Requested 02/21/2017 PRC# [PHONE REDACTED] Location Highland Road over Amanda's Br Project ID# Project Type Replacement of existing concrete acrch bridge structure, wingwalls, and foundation with new 3-sided concrete large culvert, wingwalls, and invert slab. Minimum associated excavation and road work ---PAGE BREAK--- SECTION K SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS ---PAGE BREAK--- SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS The list below indicates information that is available at the Office having jurisdiction for this project, as identified in the advertisement for bids, for inspection and review prior to the letting date. The bidder’s signature on this proposal certifies that they have made themselves aware of the availability, for their inspection and review prior to the letting date, of the information indicated below: Available Not Available Information X Utility Estimate Sheets with Names of Utility Officials X Right of Way Plan (Only at Property Acquisitions) X Cross Section Sheets X Earthwork Sheets X Drainage Estimate Sheets X Sign Face Layouts X Logs of Subsurface Exploration (Included in Plans) X Tabulated Results of Probing X Tabulated Depth of Bed Rock X Logs Showing Laboratory Description of Soil Samples X Laboratory Test Data from Soil Samples (See Appendix A) X Rock Outcrop Maps X Granular Materials Resources Survey Reports X Terrain Reconnaissance Reports X Subsurface Data Obtained from Sources outside the Department X Granular Material Sources Report X Rock Cores (Available for Inspection) X Record Plans X Special Reports or Other Information (Identify Below) ---PAGE BREAK--- 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--- 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--- 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 Secretary Treasurer President Secretary Treasurer ---PAGE BREAK--- 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--- 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--- APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. ---PAGE BREAK--- STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A TABLE OF CONTENTS 1. Executory Clause 2. Non-Assignment Clause 3. Comptroller’s Approval 4. Workers’ Compensation Benefits 5. Non-Discrimination Requirements 6. Wage and Hours Provisions 7. Non-Collusive Bidding Certification 8. International Boycott Prohibition 9. Set-Off Rights 10. Records 11. Identifying Information and Privacy Notification 12. Equal Employment Opportunities For Minorities and Women 13. Conflicting Terms 14. Governing Law 15. Late Payment 16. No Arbitration 17. Service of Process 18. Prohibition on Purchase of Tropical Hardwoods 19. MacBride Fair Employment Principles 20. Omnibus Procurement Act of 1992 21. Reciprocity and Sanctions Provisions 22. Compliance with New York State Information Security Breach and Notification Act 23. Compliance with Consultant Disclosure Law 24. Procurement Lobbying 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and Subcontractors 26. Iran Divestment Act ---PAGE BREAK--- 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 appropriated 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 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: ---PAGE BREAK--- 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 prevailing 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 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. ---PAGE BREAK--- 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 inspec- tion, 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 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 ---PAGE BREAK--- 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. 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. ---PAGE BREAK--- 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. Qualifica- tion 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] 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 212‐803‐2414 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 ---PAGE BREAK--- 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 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 ---PAGE BREAK--- 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--- 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 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