Book 1 of 1 - Amazon Web Servicesmemberdata.s3.amazonaws.com/...0959909500_Project_Manual_20160914.pdf · Supplemental Information Available to Bidders SIAB-1 Bidder’s Checklist

US CUSTOMARY UNITS FEMA 4020 DR NY PA ID 095-99095-00

Submitted in accordance with the NYSDOT Standard Specifications for US Customary Units adopted September 1, 2016, FEMA and Governor’s Office for Storm Recovery regulations, and the Highway Law.

Book 1 of 1 OLD BLENHEIM BRIDGE REPLACEMENT PROJECT FOR: TOWN OF BLENHEIM, SCHOHARIE COUNTY

LETTING TIME & DATE: 1:00 PM, OCTOBER 27, 2016 LETTING LOCATION: SCHOHARIE COUNTY CLERK’S OFFICE 284 MAIN STREET, ROOM 365 SCHOHARIE, NEW YORK 12157

TABLE OF CONTENTS

Notice to Bidders NTB-1 to NTB-2

Instruction to Bidders ITB-1 to ITB-7

Supplemental Information Available to Bidders SIAB-1

Bidder’s Checklist BC-1

Bid Documents

(Forms listed below are to be returned with bid)

Bid Form BF-1 to BF-4

Certified Copy of Resolution of Board of Directors BF-5

Bid Summary Sheets BS-1 to BS-9

Bid Bond BB-1 to BB-2

Affidavit of Workers Compensation WC-1

Iran Divestment Act Certification ID-1

DBE Utilization Goals and Insurance DMWBE-1

GOSR Required Contract Appendices with Forms (end of section) 73 Pages (minimum)

(Forms listed below are to be returned within 7 days of Bid Opening)

o NYS Uniform Contracting Questionnaire (within GOSR section) 17 Pages (minimum)

New York State Prevailing Rates – Special Note & Supplemental Information As noted

Federal Davis Bacon Wages Pages 1 to 23

Agreement AG-1 to AG-5

Construction Payment Bond 3 pages

Construction Performance Bond 3 pages

Equal Employment Opportunity Requirements 2 pages

Inclusion of Standard Specifications SS-1

Post Award Forms:

Change Order Form 1 Page

Notice of Award (NOA) 1 Page

Notice to Proceed (NTP) 1 Page

Technical Specifications

Special Notes As noted

Special Specifications As noted

Supplemental Information

Subsurface Testing Logs As noted

Route 30 Record Plans As noted

NTB-1

NOTICE TO BIDDERS

OLD BLENHEIM BRIDGE REPLACEMENT

TOWN OF BLENHEIM

Schoharie County, New York

Sealed bids will be received by Schoharie County Board of Supervisors, County Office Building, Room 365, at

284 Main Street, Schoharie, New York, 12157 until 1:00 p.m., Thursday, October 27, 2016, at which time they

will be publicly opened and read aloud. A non-mandatory pre-bid meeting will occur on Tuesday, September 27

at 11:00 a.m. at the project location in Blenheim.

The proposed project is located adjacent to the intersections of Eastside Drive and Dave Brown Mountain

Road in the Town of Blenheim, Schoharie County.

This project is being progressed by Schoharie County through funding received from FEMA. Construction

will be in strict conformance with all NYSDOT and FEMA Requirements and governed by the NYSDOT

Standard Specifications Section 100 – General Provisions and Section 200 thru 700 - Technical

Specifications. This project is being financed with U.S. Department of Housing and Urban Development

(“HUD”) Community Development Block Grant-Disaster Recovery (“CDBG-DR”) funds administered by

the NYS Governor's Office of Storm Recovery (“GOSR”). Attention of bidders is particularly called to

Section 3 requirements from the Housing and Urban Development Act of 1968, M/WBE goals, Federal

Labor standards, Federal and State prevailing wage rates, online reporting requirements using Elation

System, Inc. and other requirements included in the GOSR Supplementary Conditions for Contracts. See

Instructions to Bidders for additional information.

D/M/WBE contractors are encouraged to submit bids on this contract. D/M/WBE Utilization Goals for

this project are 15% minority-owned business enterprises (MBE) and 15% women-owned business

(WBE). There are “Specialty Items” in this contract, which will be deducted from the original total

contract bid price before computing the amount of work required to be performed by the Contractor. The

Contractor shall perform, with its own organization, contract work amounting to not less than 50 percent

of the adjusted total contract bid price after subtracting specialty items.

The work includes providing all labor, materials, machinery, tools, equipment and other means of

construction necessary and incidental to the completion of the work shown on the plans and described in

these specifications including, but not necessarily limited to the following:

This project will replace the Old Blenheim Bridge, a 210’ wooden covered bridge over the Schoharie

Creek. The project will include construction of a timber covered bridge, concrete abutments, concrete

retaining walls, ADA compliant walkway, fencing and restoration of the area leading to the structure.

Complete sets of the specifications and bid forms may be obtained on or after Thursday, September 15, 2016 from

the Schoharie County Board of Supervisors Clerk’s Office, 284 Main Street, Schoharie New York 12157. Contract

documents will only be provided electronically on a Compact Disc (CD). CD’s may be obtained at no cost. Hard

copy full and partial plan sets will not be distributed. Drawings and Specifications may be examined at the

Schoharie County Board of Supervisors Clerk’s Office during general business hours.

Contractors that obtain contract documents from a source other than the issuing office must notify the issuing office

in order to be placed in the official plan holder’s list, in order to receive addenda and other bid correspondence. Bids

received from contractors other than those on the official plan holder’s list will not be accepted.

Schoharie County will not issue Addenda, and its Engineer will not issue addenda nor respond to bidders

questions within the five (5) calendar days prior to the scheduled bid opening unless stated bid date is postponed.

NTB-2

All bids must be made on the official Bid Form and Bid Summary Form or an exact reproduction thereof

and enclosed in a sealed envelope with the following clearly marked on the front of the envelope:

Bidders Name and Address

Sealed Bid: FEMA 4020 DR NY / PA ID 095-99095-00 – Old Blenheim Bridge Replacement

Date and Time of Bid Opening

Bid proposals may be hand delivered to the Schoharie County Board of Supervisors until 1:00 p.m. local

time on the day of the bid opening.

Bid proposals may be mailed using regular mail to the following address:

Schoharie County Board of Supervisors

Attn: Sheryl Largeteau, Clerk

PO Box 429

284 Main Street, Room 365

Schoharie, New York 12157

Bid proposals that are “overnight” or otherwise shipped must be received by 1:00 p.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.

This is a Unit Price bid. No bidder may withdraw his bid within forty-five (45) calendar days after the actual

date of the opening thereof. Each bid must be accompanied by a Certified Check or Bid Bond, payable to the

Owner in the amount of 5 percent of the base bid in accordance with the Instruction to Bidders.

The successful bidder will be required to furnish construction performance and payment bonds in the full

amount of the contract price.

The successful bidder will be required to comply with all provisions of the Federal Government Equal

Opportunity clauses issued by the Secretary of Labor on May 21, 1968 and published in the Federal

Register (41 CFR Part 60-1, 33 F.2 7804).

Owner reserves the right to reject any and all Bids, to waive any and all informalities and the right to

disregard all nonconforming, non-responsive or Conditional Bids.

OWNER ENGINEER

Schoharie County Edmund Snyder

PO Box 429 Project Manager

284 Main Street, Schoharie, New York 12157 Greenman-Pedersen, Inc.

80 Wolf Road, Suite 300

OWNER’S CONTACT Albany, New York 12205

Phone: (518) 453-9431, Fax: (518) 453-9458

Sheryl Largeteau [email protected]

Clerk


PO Box 429



Phone: (518) 295-8421, Fax: (518) 295-8482

ITB-1

INSTRUCTIONS TO BIDDERS

PROJECT IDENTIFICATION:

a) Project Title: Old Blenheim Bridge Replacement

b) Owner: Schoharie County

c) Engineer: Greenman-Pedersen, Inc.

Paragraph INDEX Page

1. Defined Terms ........................................................................................................................ 2

2. Copies of Bidding Documents .............................................................................................. 2 3. Bidders Qualifications ........................................................................................................... 2

4. Examination of Contract Documents and Site ................................................................... 2 5. Availability of Lands for Work, etc. .................................................................................... 3 6. Interpretation and Addenda................................................................................................. 3

7. Bid Security ............................................................................................................................ 3 8. Contract Times ...................................................................................................................... 4

9. Liquidated Damages .............................................................................................................. 4 10. Substitute and “Or-Equal” Items ........................................................................................ 4 12. Bid Form ................................................................................................................................ 4

14. Modification and Withdrawal of Bids ................................................................................. 4

15. Opening of Bids ..................................................................................................................... 5 16. Bids to Remain Subject to Acceptance ................................................................................ 5 17. Award of Contract ................................................................................................................. 5

18. Contract Security .................................................................................................................. 5 20. Pre-bid Conference ................................................................................................................ 5

21. Sales and Use Taxes ............................................................................................................... 6 22. Non-Collusive Bidding Procedures ...................................................................................... 6

23. Disadvantaged Business Enterprise Utilization Goals .............................................................. 6 24. Equal Employment Opportunity Participation Goals ............................................................. 6 25. Schedule for Bid and Award of Contract ............................................................................ 6 26. Delegation of Authority ......................................................................................................... 6 27. GOSR Funding Requirements ............................................................................................. 6

28. Prevailing Wages ................................................................................................................... 7

ITB-2

1. Defined Terms

1.1. Certain additional terms used in theses

Instructions to Bidders have the meanings indicated below

which are applicable to both the singular and plural thereof.

Bidder – one who submits a bid directly to

owner as distinct from sub-bidder, who submits a

bid to a bidder.

Issuing Office – the office from which the

bidding documents are to be issued and where

the bidding procedures are to be administered.

Successful Bidder – the lowest responsible,

responsive bidder to whom owner (on the basis

of owners evaluation as hereinafter provided)

makes an award.

Agreement – The written contract between

OWNER and CONTRACTOR covering the

Work to be performed.

Bid – The offer or proposal of the bidder

submitted on the prescribed form setting forth

the prices for the Work to be performed.

Bidding Documents – The advertisement or

invitation to Bid, instructions to bidders, the

Bid from, and the proposed Contract

Documents (including all Addenda issued

prior to receipt of Bids)

Contract Times – The number of days to the

dates stated in the Agreement; to achieve

substantial completion and to complete the Work

so that it is ready for final payment as evidence

by ENGINEER’s written recommendation of

final payment.

CONTRACTOR – The person, firm or

corporation with whom Owner has entered into

the Agreement.

Drawings – The drawings which show the scope,

extent, and character of the Work to be furnished

and performed by CONTRACTOR and which

have been prepared or approved by ENGINEER

and are referred to in the Contract Documents.

Shop drawings are not Drawings as so defined.

Effective Date of the Agreement – The date

indicated in the Agreement on which it becomes

effective, but if no such date is indicated it

means the date on which the agreement is signed

and delivered by the last of the two parties to

sign and deliver.

Engineer – The person, firm or corporation

named as such in the Agreement.

Notice of Award – The written notice by

OWNER to the apparent successful bidder

stating that upon compliance by the apparent

successful bidder with the conditions present

therein, within the time specified, OWNER will

sign and deliver the Agreement.

OWNER – The public body or authority,

corporation, association, firm or person with whom

CONTRACTOR has entered into the Agreement

and for whom the Work is to be provided.

Underground Facilities – All pipelines,

conduits, dusts, cables, wires, manholes, vaults,

tanks, tunnels, or other such facilities or

attachments, and any encasements containing

such facilities which have been installed

underground to furnish any of the following

services or material: electricity, gases, steam,

liquid petroleum products, telephone, cable

television, or other communications, sewage

and drainage removal, traffic or other control

systems or water.

2. Copies of Bidding Documents

2.1. Complete sets of the Bidding Documents in

the number and for the deposit sum, if any, stated in

the Advertisement or Notice to Bidders may be

obtained from the Issuing Office. If the bidding

documents are obtained from a source other than the

issuing office, contractor must notify issuing office

in order to be placed on the official plan holder’s

list, receive addenda and other bid correspondence.

Bids received from contractors other than those on

the official plan holder’s list will not be accepted.

2.2. Complete sets of Bidding Documents must be

used in preparing Bids; neither Owner nor Engineer

assume any responsibility for errors or

misinterpretations resulting from the use of incomplete

sets of Bidding Document.

2.3. Owner and Engineer in making copies of

Bidding Documents Available on the above terms do so

only for the purpose of obtaining Bids for the Work and

do not confer a license or grant for any other use.

3. Bidders Qualifications

All Bidders, including foreign and domestic

corporations must be qualified and/or licensed to do

business within the state where the project is located.

The Owner reserves the right to make any investigation

deemed necessary to determine bidder qualifications and

responsibility. Bidder shall furnish to the Owner, upon

request, all data pertinent thereto.

4. Examination of Contract Documents and Site

4.1. It is the responsibility of each bidder before

submitting a Bid:

4.1.1. To examine thoroughly the Contract

Documents and other related data identified in the

bidding documents (including “technical data” referred

to below);

4.1.2. To visit the site to become familiar with and

satisfy Bidder as to the general, local, and site conditions

that may affect cost, progress, performance, or

furnishing of the work;

ITB-3

4.1.3. To consider federal, state, and local laws and

regulations that may affect cost, progress, performance, or

furnishing of the Work;

4.1.4. To study and carefully correlate Bidders

knowledge and observations with the Contract Documents

and such other related data;

4.1.5. To promptly notify Engineer of all conflicts,

errors, ambiguities or discrepancies which Bidder has

discovered in or between the Contract Documents and

such other related documents.

4.2. Information and data or indicated in the Contract

Documents with respect to existing Underground

Facilities at or contiguous to the site is based upon

information and data furnished to Owner and Engineer by

Owners of such Underground Facilities or others, and the

Owner and Engineer do not assume responsibility for the

accuracy or completeness thereof.

4.3. Before submitting a Bid each Bidder will be

responsible to obtain such additional or

supplementary examinations, investigations,

explorations, tests, studies, and data concerning

conditions (surface, subsurface, and Underground

Facilities) at or contiguous to the site or otherwise,

which may affect cost, progress, performance or

furnishing of the Work or which relate to any aspect

of the means, methods, techniques, sequences or

procedures of construction to be employed by Bidder

and safety precautions and programs incident thereto

or performing and furnishing the Work in accordance

with the time, price, and other terms and conditions of

the Contract Documents.

4.4. On request, OWNER will provide each Bidder

access to the site to conduct such examinations,

investigations, explorations, tests, and studies as each

Bidder deems necessary for submission of a Bid. Bidder

must fill all holes and clean up and restore the site to its

former conditions upon completion of such explorations,

investigations, tests and studies.

4.5. The submission of a Bid will constitute an

incontrovertible representation by Bidder that Bidder

has complied with every requirement of this Article 5,

that without exception of the Bid is premised upon

performing and furnishing the Work required by the

Contract Documents and applying the specific means,

methods, techniques, sequences, or procedures for

construction (if any) that may be shown or indicated

or expressly required by the Contract Documents, the

Bidder has given Engineer written notice of all

conflicts, errors, ambiguities and discrepancies that

Bidder has discovered in the Contract Documents, and

the Contract Documents are generally sufficient to

indicate and convey understanding of all terms and

conditions for performing and furnishing the Work.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be performed,

right-of-way and easements for access thereto and other

lands designated for use by the Contractor in performing

the Work are identified in the Contract Documents. All

additional land and access thereto required for

temporary construction facilities, construction

equipment, or storage of materials and equipment to be

incorporated in the Work are to be obtained and paid for

by the CONTRACTOR. Easements for permanent

structures or permanent changes in existing facilities are

to be obtained and paid for by OWNER unless

otherwise provided in the Contract Documents.

6. Interpretation and Addenda

6.1. All questions about the meaning or intent of the

Bidding documents are to be directed to Engineer

through the Purchasing Agent. Interpretations or

clarifications considered necessary by Engineer in

response to such questions will be issued by Addenda

mailed or delivered to all parties recorded by Purchasing

Agent as having received the Bidding documents.

Questions received less than ten days prior to the date

for opening of the Bids may not be answered. Only

questions answered by formal written Addenda will be

binding. Oral and other interpretations or clarifications

will be without legal effect.

6.2. Addenda may also be issued to modify the

Bidding documents as deemed advisable by OWNER

and ENGINEER.

7. Bid Security

7.1. Each Bid must be accompanied by Bid

security made payable to the OWNER in the amount

of five percent (5%) of Bidders maximum Bid price

and in the form of a certified or bank check or a Bid

Bond (on form attached, if a form is prescribed)

issued by a surety.

7.2. The Bid security of Successful Bidder will be

retained until such Bidder has executed the Agreement,

furnished the required contract security and met the other

conditions of the Notice of Award, whereupon the Bid

security will be returned. If the Bidder fails to execute and

deliver the Agreement and furnish the required contract

security within fifteen days after Notice of Award,

OWNER may annul the Notice of Award and the Bid

security of that Bidder will be forfeited. The Bid security

of other Bidders whom OWNER believes to have a

reasonable chance of receiving the award may be retained

by the OWNER until the earlier of the seventh day after

the Effective Date of the Agreement or the forty-fifth day

after the Bid opening, whereupon Bid security furnished

by such Bidders will be returned. Bid security with Bids

which are not competitive will be returned within seven

days after the bid opening.

ITB-4

8. Contract Times

The number of days within which, or the dates by which,

the Work is to be substantially completed and also

completed and ready for final payment.

9. Liquidated Damages

Provisions for Liquidated Damages, if any, are set forth in

the Agreement.

10. Substitute and “Or-Equal” Items

The Contract, if awarded, will be on the basis of materials

and equipment described in the Drawings or specified in the

Specifications without consideration of possible substitute or

“or-equal” items. Whenever it is indicated in the Drawings

or specified in the Specifications that a substitute or “or-

equal” item of material or equipment may be furnished or

used by Contractor if acceptable to Engineer, application for

such acceptance will not be considered by Engineer until

after the Effective Date of the Agreement.

11. Subcontractors, Suppliers and Others

11.1. The identity of certain Subcontractors, Suppliers

and other persons and organizations (including those who are

to furnish the principal items of material and equipment) to

be submitted to the OWNER in advance of a specified date

prior to the Effective Date of the Agreement, apparent

Successful Bidder, and any other Bidder so requested, shall

within five days of Notice of Award submit to OWNER a

list of all such Subcontractors, Suppliers and other persons

and organizations proposed for those portions of the Work

for which such identification is required.

An OWNER or ENGINEER who after due investigation

reasonably believes that a Subcontractor, Supplier or other

person or organization is suspended, debarred or has

otherwise been declared ineligible to perform this contract,

may request that a Successful Bidder submit an acceptable

substitute Subcontractor, Supplier, person or organization.

If apparent Successful Bidder declines to make any such

substitution, the OWNER may award the contract to the

next lowest Bidder that proposes to use acceptable

Subcontractors, Suppliers, other persons and organizations.

11.2. In contracts where the Contract Price is on the

basis of Cost-of-the-Work Plus a Fee, apparent Successful

Bidder, prior to the Notice of Award, shall identify in

writing to the OWNER those portions of the Work that

such Bidder proposes to subcontract and after the Notice

of Award may only subcontract other portions of the

Work with OWNER’s written consent.

11.3. No CONTRACTOR shall be required to employ

any Subcontractor, Supplier, other person or organization

against whom the CONTRACTOR has a reasonable

objection.

12. Bid Form

12.1. The Bid Form and the Bid Summary Form

(where applicable) are included with the Bidding

documents; additional copies may be obtained from

Engineer (or issuing office).

12.2. All blanks on the Bid Form must be completed

by printing in black ink or by typewriter.

12.3. Bids by corporations must be executed in the

corporate name by the president or vice president (or

corporate officer accompanied by evidence of authority

to sign) and the corporate seal must be affixed and

attested by the secretary or an assistant secretary. The

corporate address and state of incorporation must be

shown below the signature.

12.4. Bids by partnerships must be executed in the

partnership name and signed by a partner, whose title

must appear under the signature and the official address

of the partnership must be shown below the signature.

12.5. All names must be typed or printed in black ink

below the signature.

12.6. The Bid shall contain acknowledgement of

receipt of all Addenda (the numbers of which must be

filled in on the Bid Form.

12.7. The address and telephone number for

communications regarding the Bid must be shown.

12.8. All documents set forth in the Bidders

Checklist must be submitted with bid.

13. Submission of Bids

Bids shall be submitted at the time and place indicated

in the Advertisement or Notice to Bidders and shall be

enclosed in a sealed envelope, marked with the project

title and name an address of Bidder and accompanied by

the Bid security and other required documents (see

bidders checklist). If the Bid is sent through the mail or

other delivery system, the sealed envelope shall be

enclosed in a separate envelope with the notation “BID

ENCLOSED” on the face of it.

14. Modification and Withdrawal of Bids

14.1. Bids may be modified or withdrawn by an

appropriate document duly executed (in the manner that

a Bid must be executed) and delivered to the place

where Bids are submitted at any time prior to the

opening of Bids.

14.2. Where a unilateral error or mistake is

discovered in a Bid, such Bid may be withdrawn

after showing of the following: (1) the mistake is

known or made known to the OWNER and

ITB-5

ENGINEER prior to the awarding of the contract or

within three days after opening of the Bid, whichever

period is shorter; and (2) the price Bid was based on

an error of such magnitude that enforcement would be

unconscionable; and (3) the Bid was submitted in

good faith and the Bidder submits credible evidence

that the mistake was a clerical error as opposed to a

judgment error; and (4) the error in the Bid is actually

due to an unintentional and substantial arithmetic

error or an unintentional omission of a substantial

quantity of work, labor, material, goods or services

made directly in the compilation of the Bid, which

unintentional arithmetic error or unintentional

omission can be clearly shown by objective evidence

drawn by inspection of the original work papers,

documents or materials used in the preparation of the

Bid; and (5) it is possible to place the OWNER in

status quo ante.

15. Opening of Bids

Bids will be opened and (unless obviously non-

responsive) read aloud publicly at the place where bids

are to be submitted. An abstract of the amounts of the

base Bids and major alternates (if any) may be made

available to Bidders after the opening of the Bids.

16. Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for forty-five

(45) days after the day of the Bid opening, but OWNER

may, in its sole discretion, release any Bid and return the

Bid security prior to that date.

17. Award of Contract

17.1. To the fullest extent permitted by law

OWNER reserves the right to reject any or all Bids,

including without limitation the rights to reject any or

all nonconforming, non-responsive, unbalanced, or

conditional Bids and to reject the Bid of any Bidder if

OWNER believes that it would not be in the best

interest of the project to make an award to that Bidder,

whether because the Bid is not responsible or the

Bidder is unqualified or of doubtful financial ability or

fails to meet any other pertinent standard or criteria

established by OWNER. OWNER also reserves the

right to waive all informalities not involving price,

time, or changes in the Work and to negotiate, to the

extent permitted by law, contract times with the

Successful Bidder.

17.2. Discrepancies between words and figures will be

resolved in favor of the words. Discrepancies between the

multiplication of units of Work and unit prices will be

resolved in favor of the unit prices. Discrepancies

between the indicated sum of any column of figures and

the correct sum thereof will be resolved in favor of the

correct sum. Discrepancies between words and figures

will be resolved in favor of the words.

17.3. In evaluating Bids, OWNER will consider

the qualifications of Bidders, whether or not the

Bids comply with the prescribed requirements, and

such alternates, lump sum price and other data, as

may be requested in the Bid form or prior to Notice

of Award.

17.4. OWNER may consider the operating costs,

maintenance requirements, performance data and

guarantees of major item of materials and equipment

proposed for incorporation in the Work when such data

is required to be submitted prior to Notice of Award.

17.5. OWNER may conduct such investigations

as OWNER deems necessary to assist in the

evaluation of any Bid and to establish the

responsibility, qualifications, and financial ability of

Bidders, to perform and furnish the Work in

accordance with the Contract Documents to

OWNERS satisfaction within the prescribed time.

17.6. If the contract is to be awarded, it will be

awarded to the lowest responsible Bidder whose

evaluation by OWNER indicates to OWNER that the

award will be in the best interest of the project.

17.7. If the contract is to be awarded, OWNER will

give successful Bidder a Notice of Award within forty-

five (45) days after the day of the Bid opening.

18. Contract Security

When successful Bidder delivers the executed

Agreement to OWNER, it must be accompanied by the

required performance and payment Bond.

19. Signing of Agreement

When OWNER gives Notice of Award to the

Successful Bidder, it will be accompanied by the

required number of unsigned counterparts of the

Agreement Within fifteen days thereafter

CONTRACTOR shall sign and deliver the required

number of counterparts of the Agreements to

OWNER with the required bonds. Within ten days

thereafter OWNER shall deliver one fully signed

counterpart to CONTRACTOR.

20. Pre-bid Conference

A pre-bid conference may be held as outlined in the

Notice to Bidders. If held, representatives of the

OWNER and ENGINEER will be present to discuss

the Project. Bidders are encouraged to attend and

participate in the conference. ENGINEER will

transmit to all prospective Bidders of record such

Addenda as ENGINEER considers necessary in

response to questions arising at the conference. Oral

statements may not be relied upon and will not be

binding or legally effective.

ITB-6

21. Sales and Use Taxes

OWNER is exempt from New York State Sales and Use

Tax on materials and equipment to be incorporated into

work. Said taxes should not be included in Contract Price.

22. Non-Collusive Bidding Procedures

Each Bidder is required to comply with the requirement

regarding non-collusive bidding procedures and shall

submit the appropriate Non-Collusive Bidding Certification

and Non-Collusive Bidding Certification Bidder

Information with the Bid. Knowledge of bid collusions or

other questionable contract related practices shall be

reported per the instructions contained in Reporting

Violations of the Non-Collusive Bidding Procedures,

Misconduct, or other Prohibited Contract Activities.

23. Disadvantaged Business Enterprise Utilization Goals

The provisions for Disadvantaged Business Enterprise

Utilization Goals are set forth in Notice to Bidders. Each

Bidder must submit the Disadvantaged Business

Enterprise Utilization Goals form with its Bid.

24. Equal Employment Opportunity Participation Goals

The provisions for Equal Employment Opportunity

Participation Goals are set forth in the New York State

Department of Transportation Standard Specifications.

25. Schedule for Bid and Award of Contract

A schedule of the major events required for the Bid and

Award is shown below:

Notice of Award No later than 45 days

following Bid Opening

Signed Documents

returned by Contractor

No later than 15 days

following Notice of Award

Signed Documents

returned by the Owner

with Notice to Proceed


following Signed Documents

returned by Contractor

Submittal of Bonds

and Insurance


following Notice of Award

26. Delegation of Authority

Where reference is made to New York State,

Commissioner of Transportation, State Department of

Transportation Officials and Employees, etc., either in

these specifications or the NYSDOT Standard

Specification, Construction and Materials it shall mean

Schoharie County, Bureau or Official.

Schoharie County or its authorized representative shall

make all final interpretations of any questions or

irregularities arising out of these specifications and the

NYSDOT Standard Specification, Construction and

Materials used on this project.

Under subsequent sections of this document the term

“OWNER” shall mean Schoharie County and being the

governmental unit whose name is given on the Contract

Document cover.

27. GOSR Funding Requirements

This project is being financed with U.S. Department of

Housing and Urban Development (“HUD”) Community

Development Block Grant-Disaster Recovery (“CDBG-

DR”) funds administered by the NYS Governor's Office

of Storm Recovery (“GOSR”). As a condition to

receiving CDBG-DR funds for the Project, the

Municipality is required to include the GOSR

Supplementary Conditions for Contracts (attached

hereto as Appendix A to the General Conditions) in each

contract which it enters into for the Project. Attention of

bidders is particularly called to Section 3

requirements from the Housing and Urban

Development Act of 1968, M/WBE goals, Federal

labor standards, Federal and State prevailing wage rates,

online reporting requirements using Elation System, Inc.

and other requirements included in the GOSR

Supplementary Conditions for Contracts.

M/WBE Requirements – Special attention is directed to

the M/WBE requirements contained in the GOSR

Supplementary Conditions for Contracts (attached

hereto as Appendix A to the General Conditions) and the

Supplementary Instructions to Bidders for Participation

by Minority and Women Owned Business Enterprises

(attached hereto as Appendix B to the General

Conditions). All bidders must submit an M/WBE

Utilization Plan with their bid that utilizes enterprises

identified in the New York State Minority and Women-

Owned Business Enterprises Directory of Certified

Firms in order to promote and assist the participation of

certified M/WBEs in an amount equal to 15% minority-

owned business enterprises ("MBE") and 15% women-

owned business enterprise ("WBE") of the total dollar

value of the contract. The successful bidder shall use

good faith efforts to solicit active participation by such

M/WBEs in accordance with the Contract Documents

and the submitted M/WBE Utilization Plan. The

Contractor agrees to be bound by the provisions of

Section 316 of Article 15-A of the Executive Law,

which pertain to enforcement of Article 15-A.

Section 3 Requirements – Special attention is directed to

the requirements of Section 3 of the Housing and Urban

Development Act of 1968, as amended. The purpose of

Section 3 is to ensure that employment and other

economic opportunities generated by HUD assistance or

HUD-assisted projects covered by Section 3, shall, to

ITB-7

the greatest extent feasible, be directed to low- and very

low-income persons, particularly person who are

recipients of HUD assistance for housing. A sample

Section 3 Plan is included in the Contract Documents.

The successful bidder will be required to submit a Section

3 Plan as a condition of contract award.

Reporting Requirements – Special attention is called to

GOSR reporting requirements. GOSR has adopted the

Elation Systems, Inc. web-based compliance management

system to assist with Labor Compliance (Davis-Bacon),

Minority and Women Owned Business (M/WBE) and

Section 3 reporting requirements. The Contractor and its

subcontractors must utilize the Elation Systems to satisfy

reporting requirements. To this end the Contractor and its

subcontractors will be required to register with Elation

Systems, Inc. and to attend online training on the use of

the system.

28. Prevailing Wages

This project includes both State and Federal prevailing

wages. If Federal Davis-Bacon wage rates differ from the

New York State prevailing wage rates, then the higher of

the two rates shall apply and be paid to eligible workers.

SIAB-1


SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS

The following information is available at the Office of the Owner and Engineer, as identified in the

advertisement for bids, for inspection and review prior to the letting date. It is mutually understood that this

data is independent information the Engineer and/or Owner has assembled and the bidder shall assume the

risk of its accuracy and that the information is not prepared or used as part of the contract plans and that

Article 7 of the Agreement will apply. This information is not to be considered as a substitution or revision of

that section of the standard specifications defining specifications and contract agreements.

By his/her signature on this proposal the bidder certifies that he/she has made himself aware of this

availability, for his/her 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

X Earthwork Cross Sections

X Earthwork Sheets

X Drainage Estimate Sheets

X Sign Face Layouts

X Logs of Subsurface Exploration

X Tabulated Results of Probing

X Tabulated Depth to Bed Rock

X Logs Showing Laboratory Description of Soil Samples

X Laboratory Test Data from Soil Samples

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 Record Plans of adjacent Route 30 Bridge

X SPDES Report/SWPPP

X Special Reports or Other Information (Identified Below)

None

DOLLARS CENTS DOLLARS CENTS

PER LUMP SUM

PER CUBIC YARD

PER CUBIC YARD

PER CUBIC YARD

PER SQUARE YARD

FEMA 4020 DR NY PA ID 095‐99095‐00


810

STRUCTURAL EXCAVATION

1

730

REMOVAL OF SUBSTRUCTURES

650

SELECT STRUCTURAL FILL

CLEARING AND GRUBBING

207.20 642

GEOTEXTILE BEDDING

201.06

203.21

202.19

ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS

ESTIMATED QUANTITY

ITEM NUMBERAMOUNT BIDUNIT BID PRICE

206.01

CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER SQUARE YARD

PER LINEAR FOOT

PER SQUARE YARD

PER CUBIC YARD

PER LINEAR FOOT

PREFABRICATED COMPOSITE STRUCTURAL DRAIN

304.12

209.22

207.26

100

CONSTRUCTION ENTRANCE

20

SUBBASE COURSE, TYPE 2

90

209.1501 200

TURBIDITY CURTAIN ‐ TEMPORARY

1410

STEEL H‐PILES (HP 12x74)

551.012074

BS‐2CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER LINEAR FOOT

PER SQUARE FOOT

PER EACH

PER SQUARE FOOT

PER SQUARE FOOT

554.43

554.5201

553.020001

860

SOLDIER PILES FOR SOLDIER PILE AND LAGGING WALL

1820

UNTREATED WOOD LAGGING FOR SOLDIER PILE AND LAGGING WALL

COFFERDAMS (TYPE 2)

FILL TYPE RETAINING WALL (GREATER THAN 18 FT.‐24 FT.)

FILL TYPE RETAINING WALL AESTHETIC TREATMENT ‐ ARCHITECTURAL PATTERN, NO COLOR

1

720

720

552.230201

552.2201

BS‐3CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER CUBIC YARD

PER CUBIC YARD

PER SQUARE FOOT

PER POUND

PER LUMP SUM

FOOTING CONCRETE, CLASS HP

INSECTICIDE/FUNGICIDE AND FIRE RETARDANT COATING OF NEW TIMBER STRUCTURE

559.020201 09 1

556.0202

555.09

130

CONCRETE FOR STRUCTURES, CLASS HP

ARCHITECTURAL TREATMENT VERTICAL STAINED CONCRETE SURFACES

EPOXY‐COATED BAR REINFORCEMENT FOR STRUCTURES

907

555.729500 10 3800

39000

555.08

BS‐4CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER EACH

PER LUMP SUM

PER LUMP SUM

PER LUMP SUM

PER LINEAR FOOT

607.650200 10

TEMPORARY SUPPORT SYSTEM FOR COVERED BRIDGE

REMOVE AND RESET EXISTING FENCE

594.040002 09 1

250

594.010101 09

560.010100 05

COVERED BRIDGE TIMBER AND LUMBER

3

SPECIAL STONE WORK, TYPE 1

STRUCTURAL STEEL

564.05 1

1

BS‐5CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER LINEAR FOOT

PER CUBIC YARD

PER SQUARE YARD

PER CUBIC YARD

PER SQUARE YARD

610.1601

608.07

TURF ESTABLISHMENT ‐ ROADSIDE

610.1402

CONCRETE SIDEWALKS AND DRIVEWAYS

BRICK‐PAVED SIDEWALKS AND DRIVEWAYS (OPTIONAL CONCRETE SETTING BED)

TOPSOIL ‐ ROADSIDE

608.0101 10

55

30

270

WOODEN PEDESTRIAN RAILING

607.960000 01 76

BS‐6CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER EACH

PER LUMP SUM

PER CUBIC YARD

PER LUMP SUM

PER SQUARE FOOT

634.040003 09 8360

STANDING SEAM METAL ROOF

625.01

620.05

STONE FILLING (HEAVY)

SURVEY OPERATIONS

600

1

619.01

615.020401 24

REMOVE, STORE, AND RESET FLAGPOLE, TYPE 01

BASIC WORK ZONE TRAFFIC CONTROL

1

1

BS‐7CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


PER EACH

PER MONTH

One and Zero Cents

DOLLARS

PER EACH

One and Zero Cents

DOLLARS

00

00

697.03 1 00 390000

661.010001 08

RE‐ESTABLISHING ELECTRICAL SERVICE TO CUSTOMERS

FIELD CHANGE PAYMENT

1

390000

637.34 1 00 10000

OFFICE TECHNOLOGY AND SUPPLIES

637.11

ENGINEER'S FIELD OFFICE ‐ TYPE 1

24

10000

637.03

CONCRETE CYLINDER CURING BOX

1

BS‐8CARRY FORWARD _______________________

BROUGHT FORWARD_______________________


FEMA 4020 DR NY PA ID 095‐99095‐00



ESTIMATED QUANTITY


One and Zero Cents

DOLLARS

One and Zero Cents

DOLLARS

PER LUMP SUM

00

00

272

699.040001

698.05 1 00

FUEL PRICE ADJUSTMENT

MOBILIZATION

272

1

698.06 100

STEEL/IRON PRICE ADJUSTMENT

1 00 100

TOTAL OR GROSS SUM WRITTEN IN WORDS:

$________________________________

BS‐9CARRY FORWARD _______________________

BC-1

BIDDER’S CHECKLIST

In order to submit a complete bid, Bidders must submit the following documents:

____ Bid Form (BF-1 to BF-4)

____ Certified Copy of Resolution of Board of Directors (For Corporations) (BF-5)

____ Bid Summary Form(s) (BS-1 to BS-9)

____ GOSR Form(s) (Ten pages preceding Uniform Contracting Questionnaire)

____ Bid Bond or Certified Bank Check (BB-1 to BB-2)

____ Affidavit of Worker’s Compensation (WC-1)

____ Certification of Compliance Iran Divestment Act (ID-1)

____ Lobbying Certification (Appendix A, A-6 to A-11)

____ D/M/WBE Utilization Goals (DMWBE-1)

____ Proof of Ability to do Work in NYS or Covenant to Obtain

(obtained from NY Dept of State)

Also the following forms are due from the apparent responsible low

bidder no later than 7 days after bid opening:

NYS Uniform Contracting Questionnaire with attachments (17 pages minimum)

BIDDERS SHALL SUBMIT ALL DOCUMENTS PRESENTED IN THIS

PROJECT MANUAL ON SINGLE-SIDED SHEETS IN THE EXACT

ORDER SHOWN. NO SUBSTITUTION OF FORMS WILL BE

ALLOWED. ENTRIES MAY BE TYPED OR LEGIBLY

HANDWRITTEN EXCEPT AS SPECIFICALLY NOTED.

BF-1 E:\2014\2014051.00 Blenheim Bridge Replacement\Reports\GPI Project Manual\08_Bid Form.doc

BID FORM

PROJECT IDENTIFICATION: Old Blenheim Bridge Replacement

Town of Blenheim, Schoharie County, New York

CONTRACT IDENTIFICATION: FEMA 4020 DR – NY / PA ID 095-99095-00

THIS BID IS SUBMITTED TO: Schoharie County Board of Supervisors

Attn: Sheryl Largeteau, Clerk

PO Box 429



1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an

agreement with OWNER in the form included in the Contract Documents to perform and

furnish all work as specified or indicated in the Contract Documents for the Bid Price and

Bid Times indicated in this Bid and in accordance with the other terms and conditions of


2. Bidder accepts all the terms and conditions of the Advertisement or Notice to Bidders and

Instructions to Bidders, including without limitation those dealing with the disposition of

Bid security. This Bid will remain subject to acceptance for forty-five (45) days after the

Bid opening. Bidder will sign and deliver the required number of counterparts of the

Agreement with the Bonds and other documents required by the Bidding Requirements

within fifteen (15) days after the date of OWNER’s Notice of Award.

3. In submitting this Bid, BIDDER represents as more fully set forth in the Agreement, that:

a. BIDDER has examined and carefully studied the Bidding Documents and the

following Addenda receipt of all which is hereby acknowledged: (List Addenda by

Addendum Number and Date)

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

b. BIDDER has visited the site and become familiar with and is satisfied as to the

general, local, and site conditions that may affect cost, progress, performance, and

furnishing of the work.

c. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and

Regulations that may affect cost, progress, performance, and furnishing of work.


d. BIDDER is aware of the general nature of work to be performed by OWNER and

others at the site that relates to work for which this Bid is submitted as indicated in


e. BIDDER has correlated the information known to BIDDER, information and

observations obtained from visits to the site, reports and drawings identified in the

Contract Documents and all additional examinations, investigations, explorations,

test, studies, and data with the Contract Documents.

f. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or

discrepancies that BIDDER has discovered in the Contract Documents and the written

resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract

Documents are generally sufficient to indicate and convey understanding of all terms

and conditions for performing and furnishing the Work for which this Bid is submitted.

g. This bid is genuine and not made in the interest of or on behalf of any undisclosed

person, firm, or corporation and is not submitted in conformity with any agreement or

rules of any group, association, organization, or corporation; BIDDER has not

directly or indirectly induced or solicited any other BIDDER to submit a false or

sham Bid; BIDDER has not solicited or induced any person, firm or corporation to

refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any

advantage over any other BIDDER or over OWNER.

4. Bidder will complete the Work in accordance with the Contract Documents for the

following price:

TOTAL BID FOR ALL UNIT PRICES

______________________________________________________ ($____________________ )

(use words) (figures)

BIDDER acknowledges that quantities are not guaranteed and final payment will be

based on actual quantities determined as provided in the Contract Documents.

5. BIDDER agrees that the Work will be substantially completed and ready for final

payment before the dates or within the number of calendar days indicated in the

Agreement.

BIDDER accepts the provisions of the Agreement as to liquidated damages in the event

of failure to complete the Work within the times specified in the Agreement.

6. The following documents are attached to and made a condition of this Bid:

a. All documents set forth in the Bidders Checklist.


7. Communications concerning this Bid shall be addressed in writing to:


Attn: Sheryl Lergeteau, Clerk

PO Box 429



8. Terms used in this Bid will have the meanings indicated in the Instructions.

SUBMITTED on __________________________________________________ 2016.

CONTRACTOR ___________________________________

(Signature of Authorized Representative)

__________________________________

(Print Name)

__________________________________

(Title)


BIDDER INFORMATION SHEET

NAME OF BIDDER: *

ADDRESS:

PHONE NUMBER:

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.


CERTIFIED COPY OF RESOLUTION OF

BOARD OF DIRECTORS

_______________________________________________________________________________

(NAME OF CORPORATION)

“Resolved that________________________________, __________________________________

(Person Authorized to Sign) (Title)

of_______________________________authorized to sign and submit Bid for this corporation for

(Name of Corporation)

the following project:

_______________________________________________________________________________

and to include in such bid the certificate as to non collusion, and for any inaccuracies or

misstatements in such certificate this corporate Bidder shall be liable under the penalties of perjury.

The foregoing is true and correct copy of resolution adopted by:

_______________________________________________________________________________

(NAME OF CORPORATION)

At meeting of its Board of Directors held on the _______day of _____________________20____

By_______________________________________

Title_____________________________________

(SEAL)

The above form must be completed if the Bidder is a corporation

EJCDC C-430 Bid Bond (Penal Sum Form)

Prepared by the Engineers Joint Contract Documents Committee.

BB-1

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address):

BID

Bid Due Date:

Description: Old Blenheim Bridge Replacement, Town of Blenheim, New York

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this

Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal)

Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional

parties, such as joint venturers, if necessary.

EJCDC C-430 Bid Bond (Penal Sum Form)


BB-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,

and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of

the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this

Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding

Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the

Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or

any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding

Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents

(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when

required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after

receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable

promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of

Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including

extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default

required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in

the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses

shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United

States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective

upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the

authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and

deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any

applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at

length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall

govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

WC-1 E:\2014\2014051.00 Blenheim Bridge Replacement\Reports\GPI Project Manual\12_Affidavit_Workers_Comp.doc

AFFIDAVIT OF WORKERS COMPENSATION

State of____________________

SS:

County of__________________

__________________________________________________________________________________

of_________________________________________________________________________________

being duly sworn, deposes and says that he now carries or that he has applied for a Workers

Compensation Policy to cover the operations, as set forth in the preceding contract, and to comply with

the provisions thereof.

Signed:____________________________

Subscribed and sworn to before me

this________day of___________, 20_____

___________________________________

Notary Public

CERTIFICATION OF COMPLAINCE IRAN DIVESTMENT ACT

ID-1

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new

provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the

Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited

entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in

the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days

after the Act’s effective date, at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a

Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of the

Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party

thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the

OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any

subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to

SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the

OGS website, any Contractor seeking to renew or extend a Contract or assume the

responsibility of a Contract awarded in response to this solicitation, must certify at the time the

Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the Municipality receive information that a Bidder/Contractor

is in violation of the above-referenced certification, the Municipality will offer the person or entity an

opportunity to respond. If the person or entity fails to demonstrate that it has ceased its

engagement in the investment which is in violation of the Act within 90 days after the

determination of such violation, then the Municipality shall take such action as may be appropriate

including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or

declaring the Bidder/Contractor in default.

The Municipality reserves the right to reject any bid or request for assignment for a Bidder/Contractor

that appears on the Prohibited Entities List prior to the award of a contract, and to pursue a

responsibility review with respect to any Bidder/Contractor that is awarded a contract and

subsequently appears on the Prohibited Entities List.

I _______________________________ , being duly sworn, deposes and says that he/she is the

______________________________ of _________________________________ and neither the

Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

______ ______

Signed

SWORN to before me this

____________ day of ___________________

20___

Notary Public: _________________________________

DMWBE-1 E:\2014\2014051.00 Blenheim Bridge Replacement\Reports\GPI Project Manual\14_DMWBE Utilization.doc

DISADVANTAGED/MINORITY/WOMENS BUSINESS ENTERPRISE (D/M/WBE)

UTILIZATION GOALS

The Department has established the following utilization goal(s) for this contract, expressed as a

percentage of the total contract bid price. For clarification of Disadvantaged Business Enterprise

(DBE) Utilization, Minority Business Enterprise (MBE), and Women’s Business Enterprise (WBE)

Utilization, Refer to GOSR required documentation for more information.

Disadvantaged Business Enterprise (DBE) Utilization Goal 0%

Minority Business Enterprise (MBE) Utilization Goal 15%

Women’s Business Enterprise (WBE) Utilization Goal 15%

Directories and/or Information related to the current certification statue of Disadvantaged Business

Enterprises, can be obtained by contacting:

NYS Department of Transportation

Office of Equal Opportunity Development and Compliance

1220 Washington Avenue

Albany, NY 12232-0444

(518) 457-1129

www.dot.state.ny.us/oeodc/menu.html

Directories and/or Information related to the current certification statue of Minority and Women’s

Business Enterprises, can be obtained by contacting:

Empire State Development Corporation

Office of Minority and Women’s Business Development

30 S. Pearl Street

Albany, NY 12245

(518) 292-5250

http://www.esd.ny.gov/MWBE.html

www.empire.state.ny.us

Disadvantaged Business Enterprise Officer

The Bidder shall designate and enter below the name of the Disadvantaged/Minority/Women’s

Business Enterprise Officer who will have the responsibility for the D/M/WBE Utilization.

Bidder Designated D/M/WBE Officer ____________________________ (Name)

____________________________ (Title)

Telephone Number (__)_________________________

RETURN THIS PAGE WITH BID

http://www.dot.state.ny.us/oeodc/menu.html

http://www.esd.ny.gov/MWBE.html

http://www.empire.state.ny.us/

APPENDIX A

SUPPLEMENTARY CONDITIONS FOR CONTRACTS (EXHIBIT E)

2

DEFINITIONS

“GOSR”: Governor’s Office of Storm Recovery and its successors and assigns, as well as the

Housing Trust Fund Corporation and its successors and assigns, and its parent entities and their successors and assigns.

“Subrecipient”: “Contractor”: When these Supplementary Conditions are attached to any lower tier contract (e.g., a contract between Contractor (as defined above) and any subcontractor, or between Contractor’s direct or indirect subcontractors), references herein to “Subrecipient” shall be deemed to refer to the party seeking products and/or services, and references to “Contractor” shall be deemed to refer to the party providing products and/or services, and references to the “Agreement” or “Contract” or “contract” shall be deemed to refer to the agreement between such subcontracting parties.

ORDER OF PRECEDENCE

In the event of a conflict between the terms of these Supplementary Conditions and the terms of the remainder of the contract (including any other attachments thereto and amendments thereof), the terms of these Supplementary Conditions shall control. In the event of a conflict among the requirements found in these Supplementary Conditions, which conflict would make it impossible to comply with all of the requirements set forth herein, the provisions shall be applied with the following priority:

(1) Part I: Required Federal Provisions; then (2) Part II: Required State Provisions;

and the remaining requirements shall be interpreted in a manner so as to allow for the terms contained therein to remain valid and consistent with such superseding provisions. If any provision of these Supplementary Conditions relates to a matter embraced by another provision(s) of these Supplementary Conditions, but is not in conflict therewith, all such provisions shall apply. Any question as to which requirements control in a particular instance which cannot be resolved by Contractor and Subrecipient shall be submitted in writing (indicating the issue and the applicable provisions) by Subrecipient to GOSR, which shall decide the applicable question.

3

PART I: REQUIRED FEDERAL PROVISIONS

The following terms and conditions apply to any contract for which any portion of the funding is derived from a grant made by the United States Department of Housing and Urban Development (“HUD”).

GENERAL CONDITIONS 1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. 2. STATUTORY AND REGULATORY COMPLIANCE. Contractor shall comply with all laws and regulations applicable to the Community Development Block Grant-Disaster Recovery funds appropriated by the Disaster Relief Appropriations Act, 2013 (Pub. L. 113-2), including but not limited to the applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses. 3. BREACH OF CONTRACT TERMS. The Subrecipient and GOSR reserve their rights to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 4. REPORTING REQUIREMENTS. The Contractor shall complete and submit all reports, in such form and according to such schedule, as may be required by the Subrecipient and GOSR. The Contractor shall cooperate with all Subrecipient and GOSR efforts to comply with HUD requirements and regulations pertaining to reporting, including but not limited to 2 CFR Part 200 and 24 C.F.R. § 570.507. 5. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the federal government, GOSR, and the Subrecipient in any resulting invention in accordance with 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

4

6. DEBARMENT, SUSPENSION, AND INELIGIBILITY. The Contractor represents and warrants that it and its subcontractors are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs subject to 2 C.F.R. Part 2424. The Contractor shall notify the Subrecipient and GOSR should it or any of its subcontractors become debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs subject to 2 C.F.R. Part 2424. 7. CONFLICTS OF INTEREST. The Contractor shall notify the Subrecipient as soon as possible if this contract or any aspect related to the anticipated work under this contract raises an actual or potential conflict of interest (as described in 2 CFR Part 200). The Contractor shall explain the actual or potential conflict in writing in sufficient detail so that the Subrecipient is able to assess such actual or potential conflict. The Contractor shall provide the Subrecipient any additional information necessary for the Subrecipient to fully assess and address such actual or potential conflict of interest. The Contractor shall accept any reasonable conflict mitigation strategy employed by the Subrecipient, including but not limited to the use of an independent subcontractor(s) to perform the portion of work that gives rise to the actual or potential conflict. If requested by GOSR, Contractor shall sign a certification affirming that it has no conflict of interest arising from performance of work on a specific task. 8. SUBCONTRACTING. The Contractor represents to the Subrecipient that all work shall be performed by personnel experienced in the appropriate and applicable profession and areas of expertise, taking into account the nature of the work to be performed under this contract. The Contractor will include these Required Federal Provisions in every subcontract issued by it so that such provisions will be binding upon each of its subcontractors as well as the requirement to flow down such terms to all lower-tiered subcontractors. 9. ASSIGNABILITY. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without prior written approval of the Subrecipient. 10. INDEMNIFICATION. The Contractor shall indemnify, defend, and hold harmless the Subrecipient, GOSR, and their agents and employees from and against any and all claims, actions, suits, charges, and judgments arising from or related to the negligence or willful misconduct of the Contractor in the performance of the services called for in this contract. 11. TERMINATION FOR CAUSE (Applicable to contracts exceeding $10,000). If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Subrecipient shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this contract shall, at the option of the Subrecipient, become the Subrecipient’s property and the Contractor

5

shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the Subrecipient for damages sustained by the Subrecipient by virtue of any breach of the contract by the Contractor, and the Subrecipient may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Subrecipient from the Contractor is determined. 12. TERMINATION FOR CONVENIENCE (Applicable to contracts exceeding $10,000). The Subrecipient may terminate this contract at any time by giving at least ten (10) days’ notice in writing to the Contractor. If the contract is terminated by the Subrecipient as provided herein, the Contractor will be paid for the time provided and expenses incurred up to the termination date. 13. LOBBYING (Applicable to contracts exceeding $100,000). The Contractor certifies, to the best of his or her knowledge and belief, that:

A. No federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. BONDING REQUIREMENTS (Applicable to construction and facility improvement contracts exceeding $100,000). The Contractor shall comply with New York State bonding requirements, unless they have not been approved by HUD, in which case the Contractor shall comply with the following minimum bonding requirements:

6

A. A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid

guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

B. A performance bond on the part of the Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the Contractor’s obligations under such contract.

C. A payment bond on the part of the Contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

15. ACCESS TO RECORDS. The Subrecipient, GOSR, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, shall have, at any time and from time to time during normal business hours, access to any work product, books, documents, papers, and records of the Contractor which are related to this contract, for the purpose of inspection, audits, examinations, and making excerpts, copies and transcriptions. 16. MAINTENANCE/RETENTION OF RECORDS. All records connected with this contract will be maintained in a central location and will be maintained for a period of at least four (4) years following the date of final payment and close-out of all pending matters related to this contract, provided that Section 1 of the Required State Provisions herein is also satisfied.

CIVIL RIGHTS AND DIVERSITY PROVISIONS 17. SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. The Contractor will comply with the small and minority firms, women’s business enterprise, and labor surplus area requirements as set forth at 2 CFR Part 200. Contractor will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of the contract. As used in these Required Federal Provisions, the terms “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. § 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed, or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

7

The Contractor will take necessary affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used in subcontracting when possible. Steps include:

A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women’s business enterprises;

D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women’s business enterprises; and

E. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

18. TITLES VI AND VIII OF THE CIVIL RIGHTS ACT OF 1964 AND EXECUTIVE ORDER 11063. The Contractor shall comply with the provisions of Titles VI and VIII of the Civil Rights Act of 1964 and with Executive Order 11063. No person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. No person shall, on the grounds of race, color, religion, sex, or national origin, be discriminated against in the sale, rental, or financing of dwellings. To the extent that any such sale, lease or other transfer of land shall occur, Contractor, in undertaking its obligation to carry out the Program assisted hereunder, will not itself so discriminate. 19. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The Contractor shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 further provides that discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, as amended, is prohibited. 20. SECTION 504 OF THE REHABILITATION ACT OF 1973 AND THE AMERICANS WITH DISABILITIES ACT OF 1990. The Contractor shall comply with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), as amended, and any applicable regulations, and with the Americans with Disabilities Act of 1990 (42 U.S.C. § 126), as amended, and any applicable regulations

8

The Contractor agrees that no qualified individual with handicaps shall, solely on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives federal financial assistance from HUD. 21. AGE DISCRIMINATION ACT OF 1975. The Contractor shall comply with the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), as amended, and any applicable regulations. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving federal financial assistance. 22. NONDISCRIMINATION. The Contractor shall comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 C.F.R. § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 are still applicable. The Contractor shall comply with all other federal statutory and constitutional non-discrimination provisions. During the performance of this contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation

9

conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

D. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

With respect to construction contracts and subcontracts exceeding $10,000, The Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967; Executive Order 11478 of August 8, 1969; Executive Order 12107 of December 28, 1978; Executive Order 12086 of October 5, 1978; and as supplemented in Department of Labor regulations (41 C.F.R. Part 60). Subrecipient shall include the following Specifications, which are required pursuant to 41 CFR 60-4.3 in all federally assisted contracts and subcontracts. For the purposes of the Equal

10

Opportunity Construction Contract Specifications and Clause below, the term “Construction Work” means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Standard Federal Equal Employment Opportunity Construction Contract Specifications for Contracts and Subcontracts in Excess of $10,000. (Federal Notice Required by 41 CFR 60-4.3) 1. As used in these specifications: a. “Covered area” means the geographical area described in the solicitation from which this contract resulted; b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal Social Security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. “Minority” includes:

(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor or any subcontractor at any tier, subcontracts a portion of the work involving any Construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Agreement resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.

11

Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this Agreement resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each Construction trade in which it has employees in the covered area. Covered Construction contractors performing Construction Work in geographical areas where they do not have a Federal or federally assisted Construction contract shall apply the minority and female goals established for the geographical areas where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each Construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

12

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where Construction Work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of Construction Work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor’s recruitment

13

area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female Construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the Program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially

14

disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, Construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for hiring of local or other areas residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

15

23. CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to construction contracts exceeding $10,000). The Contractor certifies that it does not maintain or provide for its establishments, and that it does not permit employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for employees any segregated facilities at any of its establishments, and it will not permit employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this certification is a violation of the nondiscrimination clause of this contract. As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Contractor further agrees that (except where it has obtained for specific time periods) it will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the nondiscrimination clause; that it will retain such certifications in its files; and that it will forward the preceding notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). 24. SECTION 503 OF THE REHABILITATION ACT OF 1973 (Applicable to contracts exceeding $10,000). The Contractor shall comply with section 503 of the Rehabilitation Act of 1973 (29 U.S.C. § 793), as amended, and any applicable regulations.

A. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with disabilities without discrimination based on their physical or mental disability in all employment practices, including the following:

1. Recruitment, advertising, and job application procedures; 2. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,

termination, right of return from layoff and rehiring; 3. Rates of pay or any other form of compensation and changes in compensation; 4. Job assignments, job classifications, organizational structures, position

descriptions, lines of progression, and seniority lists; 5. Leaves of absence, sick leave, or any other leave; 6. Fringe benefits available by virtue of employment, whether or not administered

by the Contractor; 7. Selection and financial support for training, including apprenticeship, professional

meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

16

8. Activities sponsored by the Contractor including social or recreational programs; and

9. Any other term, condition, or privilege of employment.

B. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

C. In the event of the Contractor’s noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act.

D. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants with disabilities. The Contractor must ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair).

E. The Contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, as amended, and is committed to take affirmative action to employ and advance in employment individuals with physical or mental disabilities.

F. The Contractor will include the provisions of this clause in every subcontract or purchase order in excess of $10,000, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to section 503 of the act, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Deputy Assistant Secretary for Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance.

25. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 (Applicable to contracts exceeding $100,000 in value for housing construction, rehabilitation, or other public construction).

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

17

B. The parties to this contract agree to comply with HUD’s regulations in 24 C.F.R. Part

135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, the availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. Part 135.

E. The Contractor will certify that any vacant employment positions, including training positions, that are filled: (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 C.F.R. Part 135.

F. Noncompliance with HUD’s regulations in 24 C.F.R. Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

18

H. Irrespective of any applicable federal reporting requirements as noted in the statutory language above or otherwise, Contractor shall submit quarterly reports along with any supporting documentation, in a form acceptable to Subrecipient, of its Section 3 compliance efforts to Subrecipient. Contractor may be required to consolidate all reports received from subcontractors and lower-tiered subcontractors into a single report or several reports as reasonably requested by Subrecipient. Notwithstanding the provision of such reports and supporting documentation, Contractor shall maintain copies of all reports and supporting documents as set forth in these Supplementary Conditions.

26. FAIR HOUSING ACT. Contractor shall comply with the provisions of the Fair Housing Act of 1968 as amended. The act prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status. Contractor shall comply with the provisions of the Equal Opportunity in Housing Act, which prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with federal funds.

LABOR PROVISIONS 27. COPELAND “ANTI-KICKBACK” ACT (Applicable to all construction or repair contracts). Salaries of personnel performing work under this contract shall be paid unconditionally and not less often than once a month without payroll deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the Copeland “Anti-Kickback Act” of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; 18 U.S.C. § 874; and 40 U.S.C. § 276c). The Contractor shall comply with all applicable “Anti-Kickback” regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to ensure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 28. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Applicable to construction contracts exceeding $2,000 and contracts exceeding $2,500 that involve the employment of mechanics or laborers). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-330) as supplemented by Department of Labor regulations (29 C.F.R. Part 5). All laborers and mechanics employed by contractors or subcontractors shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act, and the contractors and subcontractors shall comply with all regulations

19

issued pursuant to that act and with other applicable federal laws and regulations pertaining to labor standards. 29. DAVIS-BACON ACT AND OTHER LABOR COMPLIANCE (Applicable to construction contracts exceeding $2,000 when required by federal program legislation). The Contractor shall comply with the Davis Bacon Act (40 U.S.C. §§ 276a to 276a-7) as supplemented by Department of Labor regulations (29 C.F.R. Part 5), and all other applicable federal, state, and local laws and regulations pertaining to labor standards insofar as they apply to the performance of this agreement. In addition, Contractor shall comply with the Federal Labor Standards Provisions set forth in Form HUD-4010, available at http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12586.pdf. All laborers and mechanics employed by contractors or subcontractors, including employees of other governments, on construction work assisted under this contract, and subject to the provisions of the Federal acts and regulations listed in this paragraph, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to Subrecipient and GOSR for review upon request. If Contractor is engaged under a contract in excess of $2,000 for construction, renovation, or repair work financed in whole or in part with assistance provided by GOSR, Contractor agrees, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, to comply and to cause all subcontractors engaged under such contracts to comply with federal requirements adopted by GOSR pertaining to such contracts and with the applicable requirements of the Department of Labor under 29 C.F.R. Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is to relieve Contractor of its obligation, if any, to require payment of the higher wage. Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

ENVIRONMENTAL PROVISIONS 30. ENERGY EFFICIENCY. The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the New York State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 31. SOLID WASTE DISPOSAL. Pursuant to 2 CFR § 200.322, Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (codified at 42 USC § 6962). The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable,

20

consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 32. CERTIFICATION OF COMPLIANCE WITH ENVIRONMENTAL LAWS. The Contractor and all subcontractors agree to comply with the following requirements (and their state and/or local counterparts or analogues, if any) insofar as they apply to the performance of this Agreement as any of the following may hereinafter be amended, superseded, replaced, or modified:

A. Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951, 3 C.F.R.,

1977 Comp., p. 117, as interpreted at 24 C.F.R. Part 55), and Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961, 3 C.F.R., 1977 Comp., p. 121);

B. Coastal Zone Management Act of 1972, as amended (16 U.S.C. § 1451 et seq.);

C. Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. § 349, as amended), and EPA regulations for Sole Source Aquifers (40 C.F.R. Part 149);

D. Endangered Species Act of 1973, as amended (16 U.S.C. § 1531 et seq.);

E. Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. § 1271 et seq.);

F. Clean Air Act, as amended (42 U.S.C. § 7401 et seq.);

G. EPA regulations for Determining Conformity of Federal Actions to State or Federal Implementation Plans (40 C.F.R. Parts 6, 51, and 93);

H. Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201 et seq.), and USDA regulations at 7 C.F.R. Part 658;

I. HUD criteria and standards at 24 C.F.R. Part 51;

J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Feb. 11, 1994 (59 FR 7629, 3 C.F.R., 1994 Comp. p. 859);

K. Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001-4128);

L. National Flood Insurance Reform Act of 1994 (42 U.S.C. § 5154a);

M. Coastal Barrier Resources Act, as amended by the Coastal Barrier Improvement Act of 1990 (16 U.S.C. § 3501);

21

N. Runway Clear Zone regulations (24 C.F.R. Part 51);

O. Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.), commonly

known as the Clean Water Act, and all regulations and guidelines issued thereunder;

P. Environmental Protection Agency (“EPA”) regulations at 40 C.F.R Part 50, as amended;

Q. HUD regulations at 24 C.F.R. Part 51, Subpart B, and New York State and local laws, regulations, and ordinances related to noise abatement and control, as applicable;

R. HUD regulations at 24 C.F.R. Part 51 Subpart C regarding siting of projects near hazardous operations handling conventional fuels or chemicals of an explosive or flammable nature;

S. HUD and EPA regulations related to asbestos-containing material and lead-based paint, including but not limited to Part 56 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York Department of Labor (12 NYCRR 56), the National Emission Standard for Asbestos (40 C.F.R. § 61.145), the National Emission Standard for Asbestos (40 C.F.R. § 61.150), and 24 C.F.R. Part 35 Subparts B, H, and J; and

T. All other applicable environmental laws that may exist now or in the future. Further, Contractor shall abide by any conditions or requirements set forth in any environmental review performed pursuant to 24 C.F.R. Part 58, which are HUD’s regulations for Responsible Entities implementing the National Environmental Policy Act. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the Subrecipient, the following:

A. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract, is not listed on the Excluded Party Listing System pursuant to 40 C.F.R. Part 32 or on the List of Violating Facilities issued by the EPA pursuant to 40 C.F.R. Part 15, as amended.

B. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 U.S.C. § 1857 c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 U.S.C. § 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.

C. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the Excluded Party Listing System or the EPA List of Violating Facilities.

22

D. Agreement by the Contractor that he will include, or cause to be included, the criteria and

requirements in paragraphs A through D of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the government may direct as a means of enforcing such provisions.

23

PART II: REQUIRED STATE PROVISIONS

The parties to the attached contract, license, lease, amendment or other agreement of any

kind (hereinafter, "Contract") agree to be bound by the following clauses which are hereby made a part of the Contract. 1. ACCOUNTING RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance of work done for the Subrecipient under this Contract (hereinafter, collectively, "the Records") consistent with generally accepted bookkeeping practices. The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter, provided that Section 16 of the Required Federal Provisions herein is also satisfied. The Subrecipient, GOSR, and any person or entity authorized to conduct an examination shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The Subrecipient and GOSR shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform the Subrecipient and GOSR, 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 Subrecipient’s or GOSR’s right to discovery in any pending or future litigation. 2. NON-ASSIGNABILITY. This Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or disposed of without the previous consent in writing of the Subrecipient and GOSR, and any attempts to assign the Contract without such written consent are null and void. However, this Contract shall be binding upon and inure to the benefit of the Subrecipient and GOSR, and their successors and assigns. 3. INDEMNITY. The Contractor shall indemnify and hold New York State and the Housing Trust Fund Corporation and their employees, officers, Members and Directors (collectively, the “Indemnities”) harmless from and against all claims, demands, liability, loss, cost, damage or expense, including attorney's fees, which may be incurred by the Indemnities because of negligence or malfeasance on the part of the Contractor arising out of this Contract. 4. NON-DISCRIMINATION. 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, domestic violence victim status, pregnancy, religious practice, presence of a service animal, or criminal conviction. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section

24

239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this Contract. Contractor is subject to fines of $50 per person per day for any violation of Section 239 as well as possible termination of this Contract and forfeiture of all moneys due hereunder for a second or subsequent violation. If directed to do so by the State Commissioner of Human Rights (“Commissioner”), the Contractor will send to each labor union to which the Contractor is bound a notice provided by the Commissioner advising of this provision. The Contractor will keep posted in conspicuous places notices of the Commissioner regarding laws against discrimination. The Contractor will state in all advertisements for employees that all qualified applicants will be afforded equal opportunities without discrimination because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. If the Contractor has fifteen or more employees, it is an unlawful employment practice for the Contractor to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the individual’s compensation, terms, conditions, or privileges of employment, or to limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect an individual’s status as an employee, because of such individual’s race, color, religion, sex, or national origin, or because an individual opposed any practice made unlawful by Title VII of the Civil Rights Act of 1964, as amended, or because he or she made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under that Title, and that it shall be an unlawful employment practice to print or publish or cause to be printed or published any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination on the basis of race, color, religion, sex, or national origin. If the Contractor has fifteen or more employees, the Contractor: (1) will make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed; (2) will preserve such records for such periods as the Equal Employment Opportunity Commission (“EEOC”) shall prescribe by regulation; (3) will make such reports therefrom as the EEOC shall prescribe by regulation or order; (4) must post and keep posted in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted a notice prepared or approved by the EEOC setting forth excerpts from, or summaries of, pertinent provisions of Title VII of the Civil Rights Act of 1964, as amended, and information pertinent to the filing of a complaint. 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 comply with all non-discriminatory employment practices, will furnish all information deemed necessary by the Commissioner, and will permit the Commissioner access to its records to ascertain compliance. The Contractor will bind all subcontractors hired to perform services in connection with this Contract to the requirements of this section, take such

25

action for enforcement as the Commissioner may direct, and notify the Commissioner if such action results in litigation. This Contract may be terminated by Subrecipient upon the Commissioner’s finding of non-compliance with this section, and the Contractor may be declared ineligible for future contracts with an agency of the state or a public authority until the Contractor satisfies the Commissioner of compliance. 5. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this Contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby the Agency or Agencies, 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 Agency or Agencies, 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:

A. 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 Subrecipient’s contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

B. At the request of the Subrecipient or GOSR, 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

C. The Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of this 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 A through C above in every subcontract. Section 312 does not apply to: (i) work, goods or services unrelated to this Contract; or (ii) employment outside New York State. Subrecipient and GOSR 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 Subrecipient and GOSR 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, Subrecipient and GOSR shall waive the applicability of Section 312 to the extent of such duplication or conflict.

26

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. 6. OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES. Contractor shall make a good faith effort to solicit active participation by enterprises identified in the New York State Minority and Women-Owned Business Enterprises Directory of Certified Firms in order to promote Subrecipient’s obligation to make good-faith efforts to promote and assist the participation of certified M/WBEs through the use of contractors and their subcontractors in an amount equal to fifteen percent (15%) minority-owned business enterprises (“MBE”) and fifteen percent (15%) women-owned business enterprises (“WBE”). Contractor agrees to be bound by the provisions of Section 316 of Article 15-A of the Executive Law, which pertain to enforcement of Article 15-A. 7. PROPRIETARY INFORMATION. All memoranda, analyses, spreadsheets and other pertinent documents or writings, including reports and financial statements developed or prepared by, or for, the Contractor in connection with the performance of this Contract are “Proprietary Information” and shall be, and remain, the property of the Subrecipient. All original documents constituting Proprietary Information shall be delivered to the Subrecipient by the Contractor, or any subcontractor, or any other person possessing them, upon the termination of this Contract or upon the earlier request of the Subrecipient, except that the Contractor may retain copies for its files. Proprietary Information may not be utilized, disclosed or otherwise made available to other persons by the Contractor without the prior written approval of the Subrecipient. The provisions of this section shall be in addition to, and not in derogation of, any duty imposed upon the Contractor by any law, regulation or rule governing professional conduct respecting confidentiality. 8. COPYRIGHT. If this Agreement results in any copyrightable material or inventions, the Subrecipient, GOSR, and/or HUD reserve the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. This clause shall survive indefinitely the termination of this Agreement for any reason. 9. ENVIRONMENTAL LAWS. Contractor shall comply with any and all applicable New York State and local environmental laws, including all permits and approvals issued thereunder. Additionally, Contractor shall comply with any and all conditions or requirements set forth in an environmental review performed pursuant to the State Environmental Quality Review Act. 10. SECTION HEADINGS. The caption of sections in this Contract are inserted solely for convenience of reference and are not intended to define, limit, or describe the scope of this Contract or any provision hereof or to otherwise affect this Contract in any way. The section headings shall not be considered in any way in construing this Contract.

27

11. COUNTERPARTS. This Contract may be executed in any number of counterparts. Each such counterpart shall be deemed to be a duplicate original. All such counterparts shall constitute but one and the same instrument. 12. GOVERNING LAW. This Contract has been executed and delivered in, and shall be construed and enforced in accordance with the laws of, the State of New York. In the event of conflict between New York State law and federal laws and regulations, the latter shall prevail. 13. WORKERS’ COMPENSATION. 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. 14. 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. 15. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), the Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service of process hereunder shall be complete upon the Contractor’s actual receipt of process or upon the Subrecipient’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. The Contractor must promptly notify the Subrecipient, in writing, of each and every change of address to which service of process can be made. Service of process by the Subrecipient to the last known address shall be sufficient. The Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 16. NON-COLLUSIVE BIDDING CERTIFICATION. If this Contract was awarded based upon the submission of a bid or proposal, the Contractor affirms, under penalty of perjury, that the prices in its bid or proposal were arrived at independently, without collusion, consultation, communication, or agreement, for the purpose of restricting competition, or as to any matter relating to such prices with any other Contractor or with any competitor. 17. LOBBYING REFORM LAW DISCLOSURE. If the procurement of the goods or services provided herein were applicable to Lobbying Reform Law Disclosure as pursuant to State Finance Law §§139-j and 139-k, the Subrecipient reserves the right to terminate this Contract in the event it is found that the certification filed by the Offerer/Bidder in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the Subrecipient may exercise their termination right by providing written notification to the Contractor. 18. 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 (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York

28

State Finance Law), and shall permit independent monitoring of compliance with such principles. 19. GENERAL RESPONSIBILITY LANGUAGE. The Contractor shall at all times during Contract term remain responsible. The Contractor agrees, if requested by Subrecipient or GOSR, to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity.

For purposes of this Agreement, Contractor responsibility generally means that the Contractor has the integrity to justify the award of public dollars and the capacity to perform the requirements of this Contract fully. In connection herewith, to the extent that the Subrecipient may make certain determinations with respect to Contractor responsibility, wherein the Subrecipient determines whether it has reasonable assurances that a Contractor is responsible, is an important part of the procurement process, promoting fairness in contracting, mitigating contract issues, and protecting the Contractor and the Subrecipient against failed contracts. In making such a responsibility determination, the Subrecipient shall evaluate the Contractor’s responsibility with respect to four factors: (i) financial and organizational capacity; (ii) legal authority to do business in New York State; (iii) integrity; and (iv) previous performance.

20. SUSPENSION OF WORK (for Non-Responsibility). The Subrecipient reserves the right to suspend any or all activities under this Contract, at any time, when the Subrecipient discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor will be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the Subrecipient issues a written notice authorizing a resumption of performance under the Contract. 21. TERMINATION (for Non-Responsibility). Upon written notice to the Contractor, and a reasonable opportunity to be heard with appropriate Subrecipient staff, the Contract may be terminated by the Subrecipient at the Contractor’s expense where the Contractor is determined by the Subrecipient to be non-responsible. In such event, the Subrecipient may complete the contractual requirements in any manner they deem advisable and pursue available legal or equitable remedies for breach. 22. 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 Subrecipient.

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

29

During the term of the Contract, should the Subrecipient receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the Subrecipient 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 Subrecipient 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 Subrecipient 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.

30

PART III: INSURANCE

A. Unless otherwise directed by GOSR, Contractor shall procure and maintain without interruption, at its sole cost and expense, during the term of this Agreement (or any extensions thereof) and for a period of two years thereafter, insurance of the type, and with limits and deductibles, as follows:

a. Commercial General Liability Insurance and Excess Liability Insurance. Providing both bodily injury (including death) and property damage insurance with limits in the aggregate and per occurrence in accordance with the following table:

Construction Contract Value

Commercial General Liability in combination with Excess (Umbrella) Liability

Each Occurrence General Aggregate < $10M $2,000,000 $2,000,000 >$10M - $50M $5,000,000 $5,000,000 >$50M $10,000,000 $10,000,000

Such insurance is to be written on an occurrence basis with defense outside of limits. New York State, the New York State Housing Trust Fund Corporation, and the Subrecipient shall each be named as an additional insured. The minimum required level of insurance may be provided through a combination of commercial general liability and umbrella and/or excess liability policies.

b. Automobile Liability and Property Damage Insurance. In an amount not less than One Million Dollars ($1,000,000) combined single limit for both Bodily Injury and Property Damage.

c. Professional Liability. If the Contractor is engaged in providing professional services under this Agreement, professional errors and omissions coverage with a limit not less than Two Million Dollars ($2,000,000) in the aggregate and One Million Dollars ($1,000,000) per occurrence. If the Contractor is not engaged in providing professional services under this Agreement, this professional errors and omissions coverage is not required.

d. Worker’s Compensation. Covering workers’ compensation and employers’ liability and disability benefits as required by the State of New York.

B. In addition to the foregoing, Contractor and any subcontractors shall procure and maintain any and all insurance which is required by any applicable current or future law, rule, regulation, ordinance, permit, license, order or other legal requirement.

C. All insurance shall be primary and non-contributory and shall waive subrogation against GOSR and the Subrecipient and all of either of their former, current, or future officers, directors, and employees. No deductible of more than $50,000 shall be permitted without

31

advance written approval by GOSR, which GOSR may withhold, condition or deny in its sole and exclusive discretion.

D. The Contractor shall provide Certificates of Insurance to GOSR and the Subrecipient prior to the commencement of work and shall provide full and complete copies of the actual policies and all endorsements upon request. Subcontractors under this Agreement shall be required to maintain insurance meeting all of the requirements set forth in Section A above for items a-d; however Contractor shall require subcontractors to maintain greater limits and/or other or additional insurance coverages if greater limits and/or other or additional insurance coverages are (a) generally imposed by the Contractor given its normal course of business for subcontracts for similar work or services to those being provided by the subcontractor at issue; or (b) reasonable and customary in the industry for similar work or services to those anticipated hereunder.

E. If the above insurance requirements are potentially excessive because they exceed the type and/or amount of insurance which is reasonable and customary for similar work or services in the same general geographic area, Contractor shall, within fifteen (15) calendar days of the execution of this Agreement, provide written notice of the same to GOSR, along with a written summary of the type and amount of insurance Contractor believes is reasonable and customary for similar work or services in the same general geographic area. GOSR may, in GOSR’s sole and exclusive discretion, but is under no obligation to, waive, decrease, or otherwise alter or amend the insurance requirements in light of this notice. However, notwithstanding anything to the contrary herein, nothing in this paragraph requires or shall be deemed to require GOSR to waive, decrease, alter or amend, in whole or in part, any insurance requirements as a result of the foregoing notice from Contractor or for any other reason, and no waiver, decrease, alteration or amendment shall be made except as approved in advance and in writing by GOSR.

F. If the above insurance requirements are potentially inadequate because they do not meet or exceed the type and/or amount of insurance which is reasonable and customary for similar work or services in the same general geographic area, Contractor shall, within fifteen (15) calendar days of the execution of this Agreement, provide written notice of the same to GOSR, along with a written summary of the type and amount of insurance Contractor believes is reasonable and customary for similar work or services in the same general geographic area. GOSR may, in GOSR’s sole and exclusive discretion, but is under no obligation to increase, supplement, expand, or otherwise alter or amend the insurance requirements in light of this notice. However, notwithstanding anything to the contrary herein, nothing in this paragraph requires or shall be deemed to require GOSR to increase, supplement, expand, or otherwise alter or amend, in whole or in part, any insurance requirements as a result of the foregoing notice from Contractor or for any other reason, and no increase, supplement, expansion or other alteration or amendment shall be made except in an amendment to this Agreement, as approved in advance and in writing by GOSR.

32

PART IV: REPORTING

Elation Systems, Inc. is a provider of cloud-based diversity and labor compliance reporting and management services. The Governor’s Office of Storm Recovery (GOSR) has adopted this web-based compliance management system to help all of its Contractors, Subrecipients, and Subrecipient’s Contractors receiving federal funds to adhere to Labor Compliance (Davis-Bacon), Minority and Women Owned Business (MWBE) and Section 3 reporting requirements. Contractors, Subrecipients, and Subrecipient’s Contractors must comply with instructions from GOSR on how and when to meet all reporting requirements, and how to utilize Elation to satisfy those requirements. To this end, all Contractors, Subrecipients, and Subrecipient’s Contractors must register with Elation Systems and attend an online training on the use of this tool. GOSR offers a series of virtual training events. GOSR requires all parties receiving federal funds through GOSR programs to use the Elation Systems application to make reporting requirements easier, faster and simpler to complete. Prior to participating in training, it is necessary to create an Elation account. An account may be created at https://www.elationsys.com/app/Registration/. Questions related to reporting requirements should be directed to GOSR’s Monitoring and Compliance team at stormrecovery.dl.gosr-monitoring&[email protected].

https://www.elationsys.com/app/Registration/

mailto:stormrecovery.dl.gosr-monitoring&[email protected]

APPENDIX B

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS FOR PARTICIPATION BY MINORITY and WOMEN OWNED

BUSINESS ENTERPRISES

Supplemental Instructions to Bidders for Participation by MWBE and EEO 1

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS FOR PARTICIPATION BY MINORITY and WOMEN OWNED BUSINESS ENTERPRISES

Good Faith Efforts – To show that the Contractor (i.e., the winning bidder) has made good faith efforts to comply with the M/WBE participation goals of this contract and the utilization plan submitted by the Contractor, Contractor will be required to submit documentation demonstrating good faith efforts. The following criteria are examples of good faith effort actions:

a. Did the Contractor make written solicitations in a timely fashion including the provision of plans, specifications and contract terms, to MWBEs listed in the directory of certified businesses, and did the businesses solicited respond in a timely fashion?

b. Did the Contractor place phone calls in order to communicate opportunities? Direct solicitation of MWBEs tends to be one of the more successful efforts; it can open lines of communication with otherwise unfamiliar contractors, as well as expedite the plan process.

c. Did the Contractor place advertisements in appropriate general circulation, trade and minority and women-owned publications in a timely fashion?

d. Subcontractors should be included in the development of the MWBE participation plan. Goal attainment is most successful when there is cooperation from subcontractors to provide opportunities for MWBEs on portions of work they intend to complete or in the purchase of materials and equipment.

e. For larger projects, the division of work may be too vast for some smaller MWBEs, therefore, contractors should consider restructuring or unbundling work components so that smaller portions of work can be offered to these firms.

f. Were the subcontract terms and conditions offered to M/WBEs comparable to those offered in the ordinary course of the Contractor’s business and to other subcontractors on the contract?

APPENDIX C

FEDERAL LABOR STANDARDS PROVISIONS

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete

Page 1 of 5

form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work

covered by this contract pertains is being assisted by the

United States of America and the fol lowing Federal Labor

Standards Provisions are included in this Contract

pursuant to the provisions appl icable to such Federal

assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics

employed or working upon the site of the work, wi l l be paid

uncondit ional ly and not less often than once a week, and

without subsequent deduct ion or rebate on any account

(except such payrol l deduct ions as are permit ted by

regulat ions issued by the Secretary of Labor under the

Copeland Act (29 CFR Part 3), the fu l l amount of wages

and bona f ide fr inge benefi ts (or cash equivalents thereof)

due at t ime of payment computed at rates not less than

those contained in the wage determinat ion of the

Secretary of Labor which is attached hereto and made a

part hereof, regardless of any contractual relat ionship

which may be al leged to exist between the contractor and

such laborers and mechanics. Contribut ions made or

costs reasonably ant ic ipated for bona f ide fr inge benef i ts

under Sect ion l(b)(2) of the Davis-Bacon Act on behalf of

laborers or mechanics are considered wages paid to such

laborers or mechanics, subject to the provisions of 29 CFR

5.5(a)(1)(iv); also, regular contribut ions made or costs

incurred for more than a weekly period (but not less often

than quarterly) under plans, funds, or programs, which

cover the part icular weekly period, are deemed to be

construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate

wage rate and fr inge benefi ts on the wage determinat ion

for the classif icat ion of work actual ly performed, without

regard to ski l l , except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one

classif icat ion may be compensated at the rate specif ied for

each classif icat ion for the t ime actual ly worked therein:

Provided, That the employer’s payrol l records accurately

set forth the t ime spent in each classif icat ion in which

work is performed. The wage determinat ion (including any

addit ional c lassif icat ion and wage rates conformed under

29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-

1321) shal l be posted at al l t imes by the contractor and i ts

subcontractors at the site of the work in a prominent and

accessible, place where i t can be easi ly seen by the

workers.

(i i ) (a) Any class of laborers or mechanics which is not

l isted in the wage determinat ion and which is to be

employed under the contract shal l be classif ied in

conformance with the wage determinat ion. HUD shal l

approve an addit ional c lassif icat ion and wage rate and

fr inge benefi ts therefor only when the fol lowing cri ter ia

have been met:

(1) The work to be performed by the classif icat ion

requested is not performed by a classif icat ion in the wage

determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the

construct ion industry; and

(3) The proposed wage rate, including any bona f ide

fr inge benefi ts, bears a reasonable relat ionship to the

wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be

employed in the classif icat ion (i f known), or their

representat ives, and HUD or i ts designee agree on the

classif icat ion and wage rate (including the amount

designated for fr inge benefi ts where appropriate), a report

of the act ion taken shal l be sent by HUD or i ts designee to

the Administrator of the Wage and Hour Divis ion,

Employment Standards Administrat ion, U.S. Department of

Labor, Washington, D.C. 20210. The Administrator, or an

authorized representat ive, wi l l approve, modify, or

disapprove every addit ional c lassif icat ion act ion within 30

days of receipt and so advise HUD or i ts designee or wi l l

not i fy HUD or i ts designee within the 30-day period that

addit ional t ime is necessary. (Approved by the Off ice of

Management and Budget under OMB control number 1215-

0140.)

(c) In the event the contractor, the laborers or mechanics

to be employed in the classif icat ion or their

representat ives, and HUD or i ts designee do not agree on

the proposed classif icat ion and wage rate (including the

amount designated for f r inge benefi ts, where appropriate),

HUD or i ts designee shal l refer the quest ions, including

the views of al l interested part ies and the recommendation

of HUD or i ts designee, to the Administrator for

determinat ion. The Administrator, or an authorized

representat ive, wi l l issue a determinat ion within 30 days of

receipt and so advise HUD or i ts designee or wi l l not i fy

HUD or i ts designee within the 30-day period that

addit ional t ime is necessary. (Approved by the Off ice of

Management and Budget under OMB Control Number

1215-0140.)

(d) The wage rate (including fr inge benefi ts where

appropriate) determined pursuant to subparagraphs

(1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l

workers performing work in the classif icat ion under th is

contract from the f irst day on which work is performed in

the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the

contract for a class of laborers or mechanics includes a

fr inge benefi t which is not expressed as an hourly rate, the

contractor shal l ei ther pay the benefi t as stated in the

wage determinat ion or shal l pay another bona f ide fr inge

benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a trustee

or other third person, the contractor may consider as part

Previous editions are obsolete Page 2 of 5


of the wages of any laborer or mechanic the amount of any

costs reasonably ant ic ipated in providing bona f ide fr inge

benefi ts under a plan or program, Provided, That the

Secretary of Labor has found, upon the writ ten request of

the contractor, that the appl icable standards of the Davis-

Bacon Act have been met. The Secretary of Labor may

require the contractor to set aside in a separate account

assets for the meeting of obl igat ions under the plan or

program. (Approved by the Off ice of Management and

Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own

act ion or upon writ ten request of an authorized

representat ive of the Department of Labor withhold or

cause to be withheld from the contractor under this

contract or any other Federal contract with the same prime

contractor, or any other Federal ly-assisted contract

subject to Davis-Bacon prevai l ing wage requirements,

which is held by the same prime contractor so much of the

accrued payments or advances as may be considered

necessary to pay laborers and mechanics, including

apprent ices, trainees and helpers, employed by the

contractor or any subcontractor the ful l amount of wages

required by the contract In the event of fai lure to pay any

laborer or mechanic, including any apprent ice, trainee or

helper, employed or working on the site of the work, al l or

part of the wages required by the contract, HUD or i ts

designee may, after wr i t ten not ice to the contractor,

sponsor, appl icant, or owner, take such act ion as may be

necessary to cause the suspension of any further

payment, advance, or guarantee of funds unt i l such

violat ions have ceased. HUD or i ts designee may, after

wri t ten not ice to the contractor, disburse such amounts

withheld for and on account of the contractor or

subcontractor to the respect ive employees to whom they

are due. The Comptrol ler General shal l make such

disbursements in the case of direct Davis-Bacon Act

contracts.

3. (i) Payrolls and basic records. Payrol ls and basic

records relat ing thereto shal l be maintained by the

contractor during the course of the work preserved for a

period of three years thereafter for al l laborers and

mechanics working at the si te of the work. Such records

shal l contain the name, address, and social secur i ty

number of each such worker, his or her correct

c lassif icat ion, hourly rates of wages paid (including rates

of contribut ions or costs ant ic ipated for bona f ide fr inge

benefi ts or cash equivalents thereof of the types described

in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and

weekly number of hours worked, deduct ions made and

actual wages paid. Whenever the Secretary of Labor has

found under 29 CFR 5.5 (a)(1)(iv) that the wages of any

laborer or mechanic include the amount of any costs

reasonably ant ic ipated in providing benefi ts under a plan

or program described in Sect ion l(b)(2)(B) of the Davis-

Bacon Act, the contractor shal l maintain records which

show that the commitment to provide such benefi ts is

enforceable, that the plan or program is f inancial ly

responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics

affected, and records which show the costs ant ic ipated or

the actual cost incurred in providing such benefi ts.

Contractors employing apprent ices or trainees under

approved programs shal l maintain wr it ten evidence of the

registrat ion of apprent iceship programs and cert i f icat ion of

trainee programs, the registrat ion of the apprent ices and

trainees, and the rat ios and wage rates prescribed in the

appl icable programs. (Approved by the Off ice of

Management and Budget under OMB Control Numbers

1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week

in which any contract work is performed a copy of al l

payrol ls to HUD or i ts designee i f the agency is a party to

the contract, but i f the agency is not such a party, the

contractor wi l l submit the payrol ls to the appl icant

sponsor, or owner, as the case may be, for transmission to

HUD or i ts designee. The payrol ls submitted shal l set out

accurately and completely al l of the information required

to be maintained under 29 CFR 5.5(a)(3)(i) except that ful l

social securi ty numbers and home addresses shal l not be

included on weekly transmittals. Instead the payrol ls shal l

only need to include an individual ly ident i fying number for

each employee (e.g., the last four digits of the employee’s

social securi ty number). The required weekly payrol l

information may be submitted in any form desired.

Optional Form WH-347 is avai lable for th is purpose from

the Wage and Hour Divis ion Web site at

http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts

successor site. The prime contractor is responsible for

the submission of copies of payrol ls by al l subcontractors.

Contractors and subcontractors shal l maintain the ful l

social securi ty number and current address of each

covered worker, and shal l provide them upon request to

HUD or i ts designee i f the agency is a party to the

contract, but i f the agency is not such a party, the

contractor wi l l submit the payrol ls to the appl icant

sponsor, or owner, as the case may be, for transmission to

HUD or i ts designee, the contractor, or the Wage and Hour

Divis ion of the Department of Labor for purposes of an

invest igat ion or audit of compliance with prevai l ing wage

requirements. I t is not a violat ion of this subparagraph for

a prime contractor to require a subcontractor to provide

addresses and social securi ty numbers to the prime

contractor for i ts own records, without weekly submission

to HUD or i ts designee. (Approved by the Off ice of

Management and Budget under OMB Control Number

1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a

“Statement of Compliance,” s igned by the contractor or

subcontractor or his or her agent who pays or supervises

the payment of the persons employed under the contract

and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the

information required to be provided under 29 CFR 5.5

(a)(3)(i i ), the appropriate information is being maintained

under 29 CFR 5.5(a)(3)(i), and that such information is

correct and complete;

http://www.dol.gov/esa/whd/forms/wh347instr.htm�



(2) That each laborer or mechanic (including each helper,

apprent ice, and trainee) employed on the contract during

the payrol l period has been paid the ful l weekly wages

earned, without rebate, either di rect ly or indi rect ly, and

that no deduct ions have been made either di rect ly or

indirect ly from the ful l wages earned, other than

permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less

than the appl icable wage rates and fr inge benefi ts or cash

equivalents for the classif icat ion of work performed, as

specif ied in the appl icable wage determinat ion

incorporated into the contract.

(c) The weekly submission of a properly executed

cert i f icat ion set forth on the reverse side of Optional Form

WH-347 shal l sat isfy the requirement for submission of the

“Statement of Compliance” required by subparagraph

A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may

subject the contractor or subcontractor to civi l or c riminal

prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion

231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the

records required under subparagraph A.3.(i) avai lable for

inspect ion, copying, or transcript ion by authorized

representat ives of HUD or i ts designee or the Department

of Labor, and shal l permit such representat ives to

interview employees during working hours on the job. I f

the contractor or subcontractor fai ls to submit the required

records or to make them avai lable, HUD or i ts designee

may, after wri t ten not ice to the contractor, sponsor,

appl icant or owner, take such act ion as may be necessary

to cause the suspension of any further payment, advance,

or guarantee of funds. Furthermore, fai lure to submit the

required records upon request or to make such records

avai lable may be grounds for debarment act ion pursuant to

29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at

less than the predetermined rate for the work they

performed when they are employed pursuant to and

individual ly registered in a bona f ide apprent iceship

program registered with the U.S. Department of Labor,

Employment and Training Administrat ion, Off ice of

Apprent iceship Training, Employer and Labor Services, or

with a State Apprent iceship Agency recognized by the

Off ice, or i f a person is employed in his or her f i rst 90

days of probat ionary employment as an apprent ice in such

an apprent iceship program, who is not individual ly

registered in the program, but who has been cert i f ied by

the Off ice of Apprent iceship Training, Employer and Labor

Services or a State Apprent iceship Agency (where

appropriate) to be el igible for probat ionary employment as

an apprent ice. The al lowable rat io of apprent ices to

journeymen on the job site in any craft c lassif icat ion shal l

not be greater than the rat io permit ted to the contractor as

to the ent ire work force under the registered program. Any

worker l isted on a payrol l at an apprent ice wage rate, who

is not registered or otherwise employed as stated above,

shal l be paid not less than the appl icable wage rate on the

wage determinat ion for the classif icat ion of work actual ly

performed. In addit ion, any apprent ice performing work on

the job site in excess of the rat io permit ted under the

registered program shal l be paid not less than the

appl icable wage rate on the wage determinat ion for the

work actual ly performed. Where a contractor is performing

construct ion on a project in a local i ty other than that in

which i ts program is registered, the rat ios and wage rates

(expressed in percentages of the journeyman’s hourly

rate) specif ied in the contractor’s or subcontractor’s

registered program shal l be observed. Every apprent ice

must be paid at not less than the rate specif ied in the

registered program for the apprent ice’s level of progress,

expressed as a percentage of the journeymen hourly rate

specif ied in the appl icable wage determinat ion.

Apprent ices shal l be paid fr inge benefi ts in accordance

with the provisions of the apprent iceship program. I f the

apprent iceship program does not specify fr inge benefi ts,

apprent ices must be paid the ful l amount of f r inge benefi ts

l isted on the wage determinat ion for the appl icable

classif icat ion. I f the Administrator determines that a

dif ferent pract ice prevai ls for the appl icable apprent ice

classif icat ion, fr inges shal l be paid in accordance with that

determinat ion. In the event the Off ice of Apprent iceship

Training, Employer and Labor Services, or a State

Apprent iceship Agency recognized by the Off ice,

withdraws approval of an apprent iceship program, the

contractor wi l l no longer be permit ted to ut i l ize

apprent ices at less than the appl icable predetermined rate

for the work performed unt i l an acceptable program is

approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16,

trainees wil l not be permitted to work at less than the

predetermined rate for the work performed unless they are

employed pursuant ‘ , to and individual ly registered in a

program which has received prior approval, evidenced by

formal cert i f icat ion by the U.S. Department of Labor,

Employment and Training Administrat ion. The rat io of

t rainees to journeymen on the job site shal l not be greater

than permit ted under the plan approved by the

Employment and Training Administrat ion. Every trainee

must be paid at not less than the rate specif ied in the

approved program for the trainee’s level of progress,

expressed as a percentage of the journeyman hourly rate

specif ied in the appl icable wage determinat ion. Trainees

shal l be paid fr inge benefi ts in accordance with the

provisions of the trainee program. I f the trainee program

does not mention fr inge benefi ts, t rainees shal l be paid

the ful l amount of f r inge benefi ts l isted on the wage

determinat ion unless the Administrator of the Wage and

Hour Divis ion determines that there is an apprent iceship

program associated with the corresponding journeyman

wage rate on the wage determinat ion which provides for

less than ful l f r inge benefi ts for apprent ices. Any

employee l isted on the payrol l at a trainee rate who is not

registered and part ic ipat ing in a training plan approved by



the Employment and Training Administrat ion shal l be paid

not less than the appl icable wage rate on the wage

determinat ion for the work actual ly performed. In addit ion,

any trainee performing work on the job site in excess of

the rat io permit ted under the registered program shal l be

paid not less than the appl icable wage rate on the wage

determinat ion for the work actual ly performed. In the

event the Employment and Training Administrat ion

withdraws approval of a tra ining program, the contractor

wi l l no longer be permit ted to ut i l ize trainees at less than

the appl icable predetermined rate for the work performed

unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of

apprent ices, trainees and journeymen under 29 CFR Part 5

shal l be in conformity with the equal employment

opportunity requirements of Execut ive Order 11246, as

amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The

contractor shal l comply with the requirements of 29 CFR

Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l

insert in any subcontracts the clauses contained in

subparagraphs 1 through 11 in th is paragraph A and such

other clauses as HUD or i ts designee may by appropr iate

instruct ions require, and a copy of the appl icable

prevai l ing wage decision, and also a clause requiring the

subcontractors to include these clauses in any lower t ier

subcontracts. The prime contractor shal l be responsible

for the compliance by any subcontractor or lower t ier

subcontractor with al l the contract c lauses in this

paragraph.

7. Contract termination; debarment. A breach of the

contract c lauses in 29 CFR 5.5 may be grounds for

terminat ion of the contract and for debarment as a

contractor and a subcontractor as provided in 29 CFR

5.12.

8. Compliance with Davis-Bacon and Related Act Requirements. All rul ings and interpretat ions of the Davis-Bacon and

Related Acts contained in 29 CFR Parts 1, 3, and 5 are

herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes

aris ing out of the labor standards provisions of this

contract shal l not be subject to the general disputes

clause of this contract. Such disputes shal l be resolved in

accordance with the procedures of the Department of

Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes

within the meaning of this c lause include disputes between

the contractor (or any of i ts subcontractors) and HUD or

i ts designee, the U.S. Department of Labor, or the

employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is

contract the contractor cert i f ies that neither i t (nor he or

she) nor any person or f i rm who has an interest in the

contractor’s f i rm is a person or f i rm inel igible to be

awarded Government contracts by virtue of Sect ion 3(a) of

the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs

pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any

person or f i rm inel igible for award of a Government

contract by virtue of Sect ion 3(a) of the Davis-Bacon Act

or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or

part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed

in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly,

U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C.,

“Federal Housing Administrat ion transact ions”, provides in

part : “Whoever, for the purpose of . . . inf luencing in any

way the act ion of such Administrat ion.. . . . makes, utters or

publ ishes any statement knowing the same to be false. . . . .

shal l be f ined not more than $5,000 or imprisoned not

more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage,

salary, or other labor standards provisions of this Contract

are appl icable shal l be discharged or in any other manner

discriminated against by the Contractor or any

subcontractor because such employee has f i led any

complaint or inst i tuted or caused to be inst i tuted any

proceeding or has test i f ied or is about to test i fy in any

proceeding under or relat ing to the labor standards

appl icable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The

provisions of this paragraph B are applicable where the amount of the

prime contract exceeds $100,000. As used in this paragraph, the

terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor

contracting for any part of the contract work which may require or

involve the employment of laborers or mechanics shall require or

permit any such laborer or mechanic in any workweek in which the

individual is employed on such work to work in excess of 40 hours in

such workweek unless such laborer or mechanic receives

compensation at a rate not less than one and one-half times the basic

rate of pay for all hours worked in excess of 40 hours in such

workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set

forth in subparagraph (1) of this paragraph, the contractor

and any subcontractor responsible therefor shal l be l iable

for the unpaid wages. In addit ion, such contractor and

subcontractor shal l be l iable to the United States (in the

case of work done under contract for the District of

Columbia or a terri tory, to such District or to such

terri tory), for l iquidated damages. Such l iquidated

damages shal l be computed with respect to each individual

laborer or mechanic, including watchmen and guards,

employed in violat ion of the clause set forth in

subparagraph (1) of this paragraph, in the sum of $10 for each

calendar day on which such individual was required or permitted to

work in excess of the standard workweek of 40 hours without payment

of the overtime wages required by the clause set forth in sub

paragraph (1) of this paragraph.



(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion

or upon writ ten request of an authorized representat ive of

the Department of Labor withhold or cause to be withheld,

from any moneys payable on account of work performed by

the contractor or subcontractor under any such contract or

any other Federal contract with the same prime contract,

or any other Federal ly-assisted contract subject to the

Contract Work Hours and Safety Standards Act which is

held by the same prime contractor such sums as may be

determined to be necessary to sat isfy any l iabi l i t ies of

such contractor or subcontractor for unpaid wages and

l iquidated damages as provided in the clause set forth in

subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l

insert in any subcontracts the clauses set forth in

subparagraph (1) through (4) of this paragraph and also a

clause requiring the subcontractors to include these

clauses in any lower t ier subcontracts. The prime

contractor shal l be responsible for compliance by any

subcontractor or lower t ier subcontractor with the clauses

set forth in subparagraphs (1) through (4) of this

paragraph.

C. Health and Safety. The provisions of this paragraph C are

applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in

surroundings or under working condit ions which are

unsanitary, hazardous, or dangerous to his health and

safety as determined under construct ion safety and heal th

standards promulgated by the Secretary of Labor by

regulat ion.

(2) The Contractor shal l comply with al l regulat ions

issued by the Secretary of Labor pursuant to Tit le 29 Part

1926 and fa i lure to comply may result in imposit ion of

sanct ions pursuant to the Contract Work Hours and Safety

Standards Act, (Publ ic Law 91-54, 83 Stat 96). 40 USC

3701 et seq.

(3) The contractor shal l include the provisions of this

paragraph in every subcontract so that such provisions wi l l

be binding on each subcontractor. The contractor shal l

take such act ion with respect to any subcontractor as the

Secretary of Housing and Urban Development or the

Secretary of Labor shal l di rect as a means of enforcing

such provisions.

SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR

§ 139-J OF THE STATE FINANCE LAW

SUMMARY OF AND IMPLEMENTATION GUIDELINES FOR

§ 139-J OF THE STATE FINANCE LAW

* This summary is not intended to replace the need for persons to become familiar with the full requirements of the law. Please refer to the full text of the law to resolve any questions you may have with regard to your conduct under it. Section 139-j of the State Finance Law imposes restrictions on the type of communications that a person may make to a governmental entity, such as the Municipality, concerning a governmental procurement during a period of time which the law terms the “restricted period.” These new requirements cover a wide range of government contracting transactions, including, the purchase of a commodity, service, technology, pubic work, construction and revenue contract, or the purchase, sale or lease of real property or the acquisition or the granting of other interests in real property (hereafter referred as “governmental procurement or procurement contract.” Any person in the private sector (hereinafter referred to as “person”) interested in contacting the Municipality concerning anyone of these types of transactions is covered under the provisions of the new law, which limits the way that such person can communicate with the Municipality during the “restricted period”, which is defined broadly as the period of time commencing from the earliest written notice announcing a government procurement all the way until the Contract is entered into by the Municipality. For each governmental procurement, the Municipality will designate an employee or employees that may be contacted by persons concerning all aspects of the governmental procurement. The law requires that each person that contacts (in writing, orally, or via email) the Municipality concerning a governmental procurement may only make what the law terms “permissible contacts”, which means that the person: 1) shall contact only the designated person or persons identified by the Municipality in the governmental procurement documents and 2) shall not attempt to influence the procurement in a manner that would result in violation of §73(5) of the Public Officers Law (Ethical Prohibitions on Gifts to Public Officers and Employees) or in a manner that would result in violation of §74 of the Public Officers Law (The Code of Ethics). The law specifically permits certain types of contacts by persons to the Municipality concerning the governmental procurement. These are:

• the submission of written proposals in response to a request for proposal, invitation for bids or any other method for soliciting a response from interested parties;

• the submission of written questions to a designated contact, when all written questions and responses are to be disseminated to all persons interested in such procurement;

• participation in a conference where all interested parties are invited to attend;

• written complaints made to the Municipality’s legal counsel concerning the timely response to issues posed to the designated person, provided that such written complaints are made part of the procurement record;

• communications where the contract award has been tentatively made and where such communications are necessary to negotiate the terms of the procurement contract;

• requests made to the designated person or persons to review the procurement award; • written protests, appeals, or other review proceedings to either the Municipality or

an outside agency.

All communications which are reasonably inferred by the Municipality to be intended to influence the governmental procurement process or the award of such procurement in violation of the law will be recorded and made a part of the procurement record, whether such communications are made to the designated employee/s or another employee of the Municipality. Contacts made to persons other than the designated Municipality employee shall also be deemed an impermissible contact. Any contact which is alleged to be an impermissible contact under the law will be immediately referred to and investigated by GOSR. GOSR shall promptly investigate the allegation by interviewing all employees reasonably involved or who are believed to have information about the impermissible contact. If sufficient cause exists to believe that such allegation is true, the person being investigated shall be given notice that an investigation is ongoing and such person shall be afforded an opportunity to be heard in response to the allegation either by responding in writing or by providing a statement before GOSR, whose Ethics Officer shall record by appropriate means such statement for the record. The Ethics Officer shall keep a record of the investigation and shall make a written finding of the results of such investigation and report these findings to the GOSR General Counsel. In addition, a finding by GOSR that a person has knowingly and willingly violated the law by making an impermissible contact shall result in a determination of non-responsibility and such person and all associated subsidiaries of such person shall not be awarded the procurement contract. The determination of non-responsibility shall also be forwarded to the Commissioner of the Office of General Services (or his or her designee), which by law is required to keep a list of such determinations for public inspection. Determinations of non-responsibility must be disclosed in all future responses to New York State procurements. With few exceptions, no procurement contract shall be awarded to any person who fails to disclose findings of non- responsibility within the previous four years.

OTHER REQUIRED FORMS

M/WBE UTILIZATION PLAN INSTRUCTIONS: This form is submitted at the time of bid or procurement submission, or at the time of contract execution, or within a reasonable time

thereafter as outlined in procurement submission instructions. This Utilization Plan must contain a detailed description of the supplies and/or services to be provided by each certified Minority and Women‐owned Business Enterprise (M/WBE) under the contract. Attach additional sheets if necessary.

Subrecipient Name: Project Name:

Offeror’s Name: Federal ID Number:

Address: Contract Number (if applicable):

City State & Zip Code: Phone:

Location of Work:

M/WBE Target Goal Proposed M/WBE Participation

Category Percentage Amount Category Percentage Amount MBE: % $ MBE: % $ WBE: % $ WBE: % $ Totals: % $ Totals: % $

1. Certified M/WBE Subcontractors/Suppliers Information:

Classification NYS‐ESD Certified (Choose.One Only)

Federal ID No. : Detailed Description of Work: Dollar Value of Subcontractors/ Supplies/Services

Intended performance dates on each component of the contract MBE WBE

A Name: Address: Email:

Phone: B Name:

Address: Email: Phone:

C Name: Address: Email: Phone:

D Name: Address: Email: Phone:

Contractor Use:

Name of Preparer:

Authorized Signature:

Date:

Email:

Phone:

1

________________________[NameofContractor]

Section3Plan

Address: _______________________________________ _______________________________________ _______________________________________Phone: _______________________________________Email: _______________________________________Website: _______________________________________Auth’dRepresentative: _______________________________________ProjectName: _______________________________________

2

SUBRECIPIENT NAME: (“Subrecipient”) CONTRACTOR NAME: __ (“Contractor”) PROJECT NAME: _ (the “Project”) GENERAL POLICY STATEMENT Section 3 Policy Overview Section 3 (24 CFR Part 135.30) of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u)1 is intended to ensure that, to the greatest extent feasible, low‐ and very low‐income persons receive benefits in employment and related economic opportunities when such opportunities are generated by funding from HUD. It also specifically encourages economic opportunities for households who are recipients of government assistance for housing. The Section 3 program requires that recipients of HUD funds, to the greatest extent feasible, provide (a) employment and training and (b) contracting opportunities for low‐ or very low‐income residents in connection with construction projects (“Section 3 eligible projects”) in their neighborhoods. SECTION 3 PLAN & PURPOSE This document serves as the Section 3 Plan for Contractor’s work on the Project in compliance with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. This document contains goal requirements for awarding contracts to Section 3 Business Concerns and employment opportunities for individuals. The regulations should not be construed to mean that recipients are required to hire Section 3 residents or award contracts to Section 3 business concerns other than as needed to fulfill regulatory obligations for covered projects and activities. Contractors are not required to hire or enter into contracts with unqualified Section 3 residents or business concerns simply to meet the Section 3 goals, as anyone selected for contracting or employment opportunities must meet the qualifications for the job/contract being sought. However contractors must document their outreach efforts and, to the greatest extent feasible, attempt to source qualified Section 3 residents and business concerns to meet the goal. If the expenditure of funding for an otherwise covered project and activity does not result in new employment, contracting, or training opportunities, reporting is still required. NUMERICAL GOALS FOR TRAINING AND EMPLOYMENT OPPORTUNITIES These goals apply to contract awards in excess of $100,000 in connection with a Section 3 eligible project. They apply to subrecipients and to their contractors and subcontractors. Contractor will, to the greatest extent feasible, strive to comply with the goals established. The numerical goals established in this section represent minimum numerical targets for employment opportunities and training to Section 3 residents. A Section 3 resident is a public housing resident or a low‐income or very low‐income person who lives in the metropolitan area or non‐metropolitan county where the Project is located. Local income levels for the Project area can be obtained online at http://www.huduser.org/DATASETS/il.html. The goals are as follows:

1 http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12047.pdf

3

Thirty Percent (30%) of the aggregate number of new hires/training opportunities resulting from funds awarded and continuing thereafter.

Any contractor that does not meet the Section 3 numerical goals must demonstrate why meeting the goals was not feasible. For this contract on the Project, the Number of Section 3 jobs/training opportunities anticipated is ________. NUMERICAL GOALS FOR CONTRACTING ACTIVITIES These goals apply to contract awards in excess of $100,000 in connection with a Section 3 eligible project, and they apply to subrecipients, contractors, and subcontractors. Contractor commits to award to Section 3 business concerns*, through subcontracts:

At least 10% of the total dollar amount of all Section 3 covered contracts for construction work arising in connection with housing rehabilitation, housing construction and other public construction; and

At least 3% of the total dollar amount of non‐construction contracts arising in connection with

housing rehabilitation, housing construction and other public construction. *Section 3 Business Concerns are businesses that can provide evidence that they meet one of the following criteria:

a) Business is 51 percent or more owned by Section 3 residents; or b) At least 30 percent of business’ full time employees include persons that are currently Section 3

residents, or within three years of the date of first employment with the business concern were Section 3 residents; or

c) Business provides evidence of commitment to sub‐subcontract in excess of 25 percent of the dollar award of its subcontract to business concerns that meet the qualifications in the above two clauses a and b.

EVIDENCE OF SECTION 3 CERTIFICATION Any individual seeking employment or training opportunities with Contractor shall complete a Self‐Certification Form and provide adequate documentation as evidence of eligibility for preference under the Section 3 program. Any business seeking Section 3 preference in the awarding of subcontracts or purchase agreements with Contractor shall complete the HUD Section 3 Business Registry. The business seeking Section 3 preference must be able to provide adequate documentation as supporting evidence.

4

CONTRACTOR’S SECTION 3 TABLES A & B Instructions: The following two charts are for capturing the data related to subcontracting with Section 3 Businesses for construction and non‐construction work as well as individual new hiring that may occur during the life of the project. These charts should be reflective and on par with the data submitted in Elation Systems.

TABLE A SUBCONTRACTING DATA

At least 10% of the total dollar amount of all Section 3 covered contracts for construction work arising in connection with housing rehabilitation, housing construction and other public construction to Section 3 Businesses*; and At least 3% of the total dollar amount of non‐construction contracts arising in connection with housing rehabilitation, housing construction, and other public construction to Section 3 Businesses*.

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5Type Of Contract (Construction or Non‐Construction) & Description

Total Number of Contracts (during the life of the

project)

Total Approximate Dollar Amount for (for contracts in Column 2)

Number Of Contracts (in this row) to Section 3

Businesses*

Estimated Dollar Amount to Section

3 Businesses* $ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

$ $

*Section 3 Businesses are defined as a) 51 percent or more owned by Section 3 residents; or b) At least 30 percent of its fully time employees include persons that are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents; or c) Provides evidence, as required, of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications in the above two clauses a and b.

5

TABLE B PROJECT WORKFORCE DATA

At Least Thirty Percent (30%) of the aggregate number of new hires/training opportunities resulting from funds awarded and continuing thereafter.

COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5

Job Category

Total Estimated Positions

No. Positions Currently Occupied

By Permanent Employees

No. Positions Not Currently Occupied

No. Positions To Be Filled w/Section 3

Residents* Officers/Supervisors

Professionals

Technicians

Housing Sales/Rental/Mgmt.

Office Clerical

Service Workers

Others

TRADE:

Journeymen

Apprentices

Maximum No. Trainees

Others

TRADE:

Journeymen

Apprentices

Maximum No. Trainees

Others

*Section 3 Residents are either residents of public housing or low‐ or very low‐income residents of the Metropolitan Area or non‐metropolitan county where the Project is located. **Local Income levels can be obtained online at https://www.huduser.gov/portal/datasets/il.html

6

LIST OF STRATEGIES TO BE ADOPTED FOR COMPLIANCE WITH THE STATED EMPLOYMENT, TRAINING AND CONTRACTING GOALS In compliance with Section 3 requirements, the Contractor should submit a current list of anticipated new hires as of the date the Section 3 Plan is submitted for approval. A list of employees can be submitted on the Worker Utilization Form included in the appendices or an official company form that includes the same information requested on the Worker Utilization Form. The Contractor must also develop a list of strategies to be adopted for compliance with the stated employment, training and contracting goals. PLEASE NOTE: You may check off and initial your choices below from the following list of recommended strategies which may be employed to meet Section 3 goals. List of Strategies to choose from: Check

Mark Initials

Establish a Section 3 Coordinator. Develop a Section 3 Plan. Conduct pre‐bid meeting and clearly articulate Section 3 requirements during meeting.

Make the pre‐bid meeting mandatory. Conduct networking event after pre‐bid meeting. Utilize the GOSR Local Workforce Opportunities Program to recruit and attract Section 3 eligible applicants for posted positions.

Forward procurements to Section 3 and small business concerns Forward RFPs to established list of Section 3 firms. Clearly indicate on all job applications and websites for job postings that the position is “A Section 3 eligible job opportunity.”

Identify existing employees that may be Section 3 workers. Identify existing subcontractors that may qualify as Section 3 businesses. Request current list of Section 3 eligible applicants and certified Section 3 businesses from local PHAs, chambers of commerce, ESD, and SBA.

Advertise job and subcontracting opportunities in local, community papers and job boards in impacted areas and communities.

Encourage participation in “Meet the Prime” events. Provide Subrecipient with acknowledgment of efforts to enforce Section 3 Partner with the NY Division of Employment and Workforce Solutions (http://labor.ny.gov/dews‐index.shtm) to promote special advertisement of Section 3 job postings and opportunities.

Pro‐actively contact and engage organized labor and trade unions. Request candidates from Workforce One Career Centers near the Project area.

7

The following questions and your responses may be used to identify additional strategies & details. Q1: What actions will the Contractor take to recruit skilled workers and unskilled workers? Response:______________________________________________________________________________________________________________________________________________________ Q2: Which resident associations and organizations will you contact? Response:______________________________________________________________________________________________________________________________________________________ Q3: In which newspapers, magazines, journals or other periodicals will you advertise job openings? Response:______________________________________________________________________________________________________________________________________________________ Q4: In which locations will you display recruitment posters? Response:______________________________________________________________________________________________________________________________________________________ Q5: Which labor unions or apprentice programs will you contact? Response:______________________________________________________________________________________________________________________________________________________ Q6: How else will you recruit Section 3 Residents? Response:______________________________________________________________________________________________________________________________________________________ Q7: Will you be reaching out to GOSR’s Office of Diversity and Civil Rights for assistance in outreach events, training and support in approaching Union based training and apprenticeship programs? Response:______________________________________________________________________________________________________________________________________________________

SECTION 3 SUBMISSION OF SUPPORTING DOCUMENTATION The Contractor shall maintain copies of the following types of supporting documentation as applicable: The HUD‐60002 form includes Part III Summary indicates supporting documentation is required. As Such, below are samples of the types of documentation applicable but not limited to the following:

Reporting summary with metrics of strategies selected or described above A narrative that ties in all good faith effort components. Maintain a database of supporting raw data Copies of any Self Certification or Self‐Affirmation forms for individuals and

businesses. Completed Tables A and B (shown above) for all respective Contractors.

SECTION 3 REPORTING & TRAINING The Governor’s Office of Storm Recovery (GOSR) has adopted a web‐based compliance management system to help all its Contractors and Subrecipients receiving Federal CDBG‐DR funds to adhere to Labor Compliance (Davis‐Bacon), Minority and Women Owned Business (MWBE) and Section 3 Federal reporting requirements. GOSR offers free virtual training sessions monthly. They are extensive, detailed and information rich. Training events have duration of 2.5 hours. We encourage you to attend as much training as needed and ask questions during your learning process. Attendees must have an Elation Systems account. To register your organization/firm for a free account please go to https://www.elationsys.com/app/Registration/ and follow the registration instructions to register either as an agency or project owner, or as a contractor. Once registered, you will receive an email inviting you to attend the next scheduled webinar.

We offer two types of training sessions:

Contractor Training: Payroll and Accounts company employees Subrecipient Training: Project Owners/Manager(s) and or Construction Manager(s)

Please note: *All webinar sessions will be held at 1:30pm EST, unless elsewise noted. Elation reserves the right to change the Training Dates. Attendees will be notified of any change(s) in advance. For additional information, contact Elation Systems – [email protected]

2016 Training Calendar Contractors Subrecipients January 6th February 3rd March 2nd

April 6th May 4th June 1st

July 6th August 3rd

September 7th

October 5th November 2nd

January 27th February 24th March 30th

April 27th May 25th June 29th

July 27th August 31st

September 28th

October 26th November 18th

No training events offered in December.

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR PROFIT CONSTRUCTION (CCA-2)

1 of 8

INSTRUCTIONS FOR COMPLETING THE NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE FOR PROFIT CONSTRUCTION

Please Read Before Completing Questionnaire

• Complete all sections of the Questionnaire.

• Submit this form as required by the contracting agency after being announced the low bidder for any

competitively bid contract, or when proposed for subcontract work. If you have submitted one within six (6) months of the bid date with any contracting agency, as long as the information remains unchanged and accurate, you may submit a complete certified copy of that form, together with an Affidavit of No Change, to the Agency with which you are bidding. A contracting agency may require additional information deemed necessary for its review. Whenever more space is needed to answer any question or you wish to give further explanation, complete by attaching extra pages. All questions must be answered.

• For each “Yes” answer in Sections IV, V, VI, VII, VII and IX, add additional explanatory material. For question 7.2, if your firm has OSHA citations, attach copies of each citation.

• A certified annual financial statement, including Accountant’s Review Report and Accompanying Notes, will be acceptable in lieu of completing the financial disclosure forms in the questionnaire.

• If you wish material in this Questionnaire to be held as confidential and exempt from disclosure under Freedom of Information, place an asterisk in front of all information you do not want disclosed to outside sources.

• This Questionnaire is generally valid for one calendar year, unless major changes have occurred (firm purchased by another business, bankruptcy, etc.), in which case re-submittal is required.

• Submit completed questionnaires marked “CONFIDENTIAL” to:

NEW YORK STATE DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT BUREAU

50 WOLF ROAD, 1st FLOOR, SUITE 1CM ALBANY, NY 12232

(518) 457-1564


Page 2 of 8

BUSINESS ENTITY INFORMATION

Legal Business Name* EIN

Complete Address of the Principal Place of Business

Phone Number

Fax Number

E-mail

Website

Authorized Contact for this Questionnaire

Name

Phone Number

Fax Number

Title

E-mail

Additional Business Entity Identities: If applicable, list any other DBA, Trade Name, Former Name, Other Identity, or EIN used in the last five (5) years, the state or county where filed and the status (active or inactive).

Type (DBA, Trade Name, Other)

Name EIN State or County where filed

Status (ACTIVE OR INACTIVE)

I. BUSINESS CHARACTERISTICS

1.0 Business Entity Type -

a) Corporation (including P.C.) Date of Incorporation

b) Limited Liability Company (LLC or PLLC) Date Organized

c) Limited Liability Partnership Date of Registration

d) Limited Partnership Date Established

e) General Partnership Date Established County (If formed in NYS)

f) Sole Proprietor How many years in business?

g) Other Date Established

If Other, explain:

1.1 Was the Business Entity formed in New York State? Yes No

If “No” indicate jurisdiction where the Business Entity was formed: United States State Other Country *All under lined terms are defined in the “New York State Vendor Responsibility Definitions List”, which can be found at: http://www.osc.state.ny.us/vendrep/documents/definitions.pdf. Note: These terms may not have their ordinary, common or traditional meanings. Each vendor is strongly encouraged to read the respective definitions for any and all underlined terms. By submitting this questionnaire, the vendor agrees to be bound by the terms as fefined in the “New York State Vendor Responsibility Definitions List” as it existed at the time of certifications.

SELECT SELECT

SELECT SELECT


Page 3 of 8

EIN:

I. BUSINESS CHARACTERISTICS

1.2 Is the Business Entity currently registered to do business in New York State? Note: Select “Not Required” if the Business Entity is a Sole Proprietor or General Partnership

Yes No Not Required

If “No,” explain why the Business Entity is not required to be registered to do business in New York State: 1.3 Is the responding Business Entity a Joint Venture? Note: If the submitting Business Entity is a Joint

Venture, also submit a separate questionnaire for each Business Entity comprising the Joint Venture. Yes No

1.4 If the Business Entity’s Principal Place of Business is not in New York State, does the Business Entity maintain an office in New York State? (Select “N/A” if Principal Place of Business is in New York State.)

Yes No N/A

If “Yes,” provide the address and telephone number for one office located in New York State. 1.5 Is the Business Entity a New York State certified Minority-Owned Business Enterprise, or Women-

Owned Business Enterprise, or New York State Small Business, or federally certified Disadvantaged Business Enterprise?

Yes No

If “Yes,” check all that apply: New York State certified Minority-Owned Business Enterprise (MBE) New York State certified Women-Owned Business Enterprise (WBE) New York State Small Business Federally certified Disadvantaged Business Enterprise (DBE)

1.6 Identify each person who is, or has been within the past five (5) years, a Business Entity Official or Principal Owner of 5.0% or more of the firm’s shares, or one of the five largest shareholders or a director, an officer, a partner or a proprietor. Joint Ventures: Provide information for all firms involved. (Attach additional pages if necessary.)

Name Title Percentage

Ownership (Enter 0% if not applicable)

Employment Status with the Firm

Current Former Current Former Current Former Current Former II. AFFILIATE and JOINT VENTURE RELATIONSHIPS

2.0 Are there any other construction-related firms in which, now or in the past five years, the submitting Business Entity or any of the individuals listed in question 1.6 either owned or owns 5.0% or more of the shares of, or was or is one of the five largest shareholders or a director, officer, partner or proprietor of said other firm?

Yes No

Firm/Company Name Firm/Company EIN (If Available)1

Firm/Company’s Primary Business Activity


Page 4 of 8

EIN:

II. AFFILIATE and JOINT VENTURE RELATIONSHIPS

Firm/Company Address Explain relationship with the firm and indicate percent ownership, if applicable (enter N/A, if not applicable): Are there any shareholders, directors, officers, owners, partners or proprietors that the submitting Business Entity has in common with this affiliate? Yes No

Individual’s Name

Position/Title with Firm/Company

2.1 Does the Business Entity have any construction-related affiliates not identified in the response to 2.0 above? Yes No

Affiliate Name

Affiliate EIN (If available)

Affiliate’s Primary Business Activity

Affiliate Address Explain relationship with the affiliate and indicate percent ownership, if applicable (enter N/A, if not applicable): Are there any shareholders, directors, officers, owners, partners or proprietors that the submitting Business Entity has in common with this firm? Yes No

Individual’s Name

Position/Title with Firm/Company

2.2 Has the Business Entity participated in any construction Joint Ventures within the past three (3) years? Attach additional pages if necessary. Yes No

Joint Venture Name

Joint Venture EIN (If available)

Identify parties to the Joint Venture

III. CONTRACT HISTORY 3.0 List the ten most recent construction contracts the Business Entity has completed using Attachment A – Completed

Construction Contracts, found at http://www.osc.state.ny.us/vendrep/documents/attachmenta.doc. If less than ten, include most recent subcontracts on projects up to that number.

3.1 List all current uncompleted construction contracts by using Attachment B – Uncompleted Construction Contracts, found at http://www.osc.state.ny.us/vendrep/documents/attachmentb.doc.

IV. INTEGRITY – CONTRACT BIDDING Within the past five (5) years, has the Business Entity, an affiliate or any predecessor company or entity: 4.0 Been suspended or debarred from any government contracting process or been disqualified on any

government procurement? Yes No

4.1 Been subject to a denial or revocation of a government prequalification? Yes No 4.2 Had any bid rejected by a government entity for lack of qualifications, responsibility or because of the

submission of an informal, non-responsive or incomplete bid? Yes No

4.3 Had a proposed subcontract rejected by a government entity for lack of qualifications, responsibility or because of the submission of an informal, non-responsive or incomplete bid? Yes No

4.4 Had a low bid rejected on a government contract for failure to make good faith efforts on any Minority-Owned Business Enterprise, Women-Owned Business Enterprise or Disadvantaged Business Enterprise goal or statutory affirmative action requirements on a previously held contract?

Yes No


Page 5 of 8

EIN:

IV. INTEGRITY – CONTRACT BIDDING Within the past five (5) years, has the Business Entity, an affiliate or any predecessor company or entity: 4.5 Agreed to a voluntary exclusion from bidding/contracting with a government entity? Yes No 4.6 Initiated a request to withdraw a bid submitted to a government entity or made any claim of an error

on a bid submitted to a government entity? Yes No

For each “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, project(s), relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.

V. INTEGRITY – CONTRACT AWARD Within the past five (5) years, has the Business Entity, an affiliate, or any predecessor company or entity: 5.0 Defaulted on or been suspended, cancelled or terminated for cause on any contract? Yes No 5.1 Been subject to an administrative proceeding or civil action seeking specific performance or restitution

(except any disputed work proceeding) or requiring the Business Entity to enter into a formal monitoring agreement in connection with any government contract?

Yes No

5.2 Had its surety called upon to complete any contract whether government or private sector? Yes No For each “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity/owners involved, project(s), contract number(s), relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.

VI. CERTIFICATIONS/LICENSES Within the past five (5) years, has the Business Entity, an affiliate, or any predecessor company or entity: 6.0 Had a revocation or suspension of any business or professional permit and/or license? Yes No 6.1 Had a denial, decertification, revocation or forfeiture of New York State certification of Minority-

Owned Business Enterprise, Women-Owned Business Enterprise or a federal certification of Disadvantaged Business Enterprise status, for other than a change of ownership?

Yes No

For each “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.

VII. LEGAL PROCEEDINGS Within the past five (5) years, has the Business Entity, an affiliate, or any predecessor company or entity: 7.0 Been the subject of a criminal investigation, whether open or closed, or an indictment for any business-

related conduct constituting a crime under local, state or federal law? Yes No

7.1 Been the subject of: (i) An indictment, grant of immunity, judgment or conviction (including entering into a plea bargain)

for conduct constituting a crime; or (ii) Any criminal investigation, felony indictment or conviction concerning the formation of, or any

business association with, an allegedly false or fraudulent Minority-Owned Business Enterprise, Women-Owned Business Enterprise, or a Disadvantaged Business Enterprise?

Yes No Yes No

7.2 Received any OSHA citation and Notification of Penalty containing a violation classified as serious or willful? Yes No


Page 6 of 8

EIN:

VII. LEGAL PROCEEDINGS Within the past five (5) years, has the Business Entity, an affiliate, or any predecessor company or entity: 7.3 Had a government entity find a willful prevailing wage or supplemental payment violation? Yes No 7.4 Had a New York State Labor Law violation deemed willful? Yes No 7.5 Entered into a consent order with the New York State Department of Environmental Conservation, or

a federal, state or local government enforcement determination involving a violation of federal, state or local environmental laws?

Yes No

7.6 Other than previously disclosed, been the subject of any citations, notices, violation orders, pending administrative hearings or proceedings or determinations of a violation of:

Federal, state or local health laws, rules or regulations; Federal, state or local environmental laws, rules or regulations; Unemployment insurance or workers compensation coverage or claim requirements; Any labor law or regulation, which was deemed willful; Employee Retirement Income Security Act (ERISA); Federal, state or local human rights laws; Federal, state or local security laws?

Yes No Yes No Yes No Yes No Yes No Yes No Yes No

For each “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.

VIII. LEADERSHIP INTEGRITY If the Business Entity is a Joint Venture Entity, answer “N/A - Not Applicable” to questions in this section. Within the past five (5) years has any individual previously identified or any individual having the authority to sign, execute or approve bids, proposals, contracts or supporting documentation on behalf of the Business Entity with New York State been subject to: 8.0 A sanction imposed relative to any business or professional permit and/or license?

Yes No N/A

8.1 A criminal investigation, whether open or closed, or an indictment for any business-related conduct constituting a crime under local, state or federal law?

Yes No N/A

8.2 Misdemeanor or felony charge, indictment or conviction for: (i) Any business-related activity including but not limited to fraud, coercion, extortion, bribe or bribe-

receiving, giving or accepting unlawful gratuities, immigration or tax fraud, racketeering, mail fraud, wire fraud, price-fixing or collusive bidding; or

(ii) Any crime, whether or not business-related, the underlying conduct of which related to truthfulness, including but not limited to the filing of false documents or false sworn statements, perjury or larceny?

Yes No N/A Yes No N/A

8.3 A debarment from any government contracting process?

Yes No N/A

For each “Yes,” provide an explanation of the issue(s), the individual involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer(s) below or attach additional sheets with numbered responses.


Page 7 of 8

EIN:

IX. FINANCIAL AND ORGANIZATIONAL CAPACITY

9.0 Within the past five (5) years, has the Business Entity or any affiliate received any formal unsatisfactory performance assessment(s) from any government entity on any contract? Yes No

If “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, the government entity involved, relevant dates, any remedial or corrective action(s) taken and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.1 Within the past five (5) years, has the Business Entity or any affiliate had any liquidated damages

assessed over $25,000? Yes No

If “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the contracting party involved, the amount assessed and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.2 Within the past five (5) years, has the Business Entity or any affiliate had any liens, claims or

judgments (not including UCC filings) over $25,000 filed against the Business Entity which remain undischarged or were unsatisfied for more than 90 days?

Yes No

If “Yes,” provide an explanation of the issue(s), the Business Entity involved, the relationship to the submitting Business Entity, relevant dates, the Lien holder or Claimants’ name(s), the amount of the lien(s) and the current status of the issue(s). Provide answer below or attach additional sheets with numbered responses. 9.3 In the last seven (7) years, has the Business Entity or any affiliate initiated or been the subject of any

bankruptcy proceedings, whether or not closed, or is any bankruptcy proceeding pending? Yes No

If “Yes,” provide the Business Entity involved, the relationship to the submitting Business Entity, the bankruptcy chapter number, the court name and the docket number. Indicate the current status of the proceedings as “Initiated,” “Pending” or “Closed.” Provide answer below or attach additional sheets with numbered responses. 9.4 What is the Business Entity’s Bonding Capacity?

a. Single Project b. Aggregate (All Projects) 9.5 List Business Entity’s Gross Sales for the previous three (3) Fiscal Years: 1st Year (Indicate year ) Gross Sales

2nd Year (Indicate year ) Gross Sales

3rd Year (Indicate year ) Gross Sales

9.6 List Business Entity’s Average Backlog for the previous three (3) fiscal years: (Estimated total value of uncompleted work on outstanding contracts)

1st Year (Indicate year ) Amount

2nd Year (Indicate year ) Amount

3rd Year (Indicate year ) Amount

9.7 Attach Business Entity’s annual financial statement and accompanying notes or complete Attachment C – Financial Information, found at http://www.osc.state.ny.us/vendrep/documents/attachmentc.xls

X. FREEDOM OF INFORMATION LAW (FOIL)

10.0 Indicate whether any information provided herein is believed to be exempt from disclosure under the Freedom of Information Law (FOIL). Note: A determination of whether such information is exempt from FOIL will be made at the time of any request for disclosure under FOIL. Attach additional pages if necessary.

Yes No

Indicate the question number(s) and explain the basis for the claim.

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT A - COMPLETED CONSTRUCTION CONTRACTS

Page 1 of 2

EIN:

Question 3.0: List the ten most recent construction contracts the Business Entity has completed. If less than ten, include most recent

subcontractson projects up to that number. 1. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.

Design Architect and/or Design Engineer

Contract No.

Prime or Sub

Joint Venture (JV) Name, if applicable

EIN of JV, if applicable

2. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.

Prime or Sub Joint Venture (JV) Name, if applicable


3. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



4. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



5. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT A - COMPLETED CONSTRUCTION CONTRACTS

Page 2 of 2

EIN:

Question 3.0: List the ten most recent construction contracts the Business Entity has completed. If less than ten, include most recent

subcontracts on projects up to that number. 6. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



7. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



8. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



9. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



10. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.



NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT B - UNCOMPLETED CONSTRUCTION CONTRACTS

Page 1 of 3

EIN:

Question 3.1: List all current uncompleted construction contracts.

1. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.

Prime or Sub



Total Contract Amount Amount Sublet to Others Uncompleted Amount

2. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.




3. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.




4. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.





Page 2 of 3

EIN:


5. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.

Prime or Sub




6. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.




7. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.




8. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.





Page 3 of 3

EIN:


9. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.

Prime or Sub




10. Agency/Owner

Award Date Amount

Date Completed

Contact Person

Telephone No.


Contract No.




Grand Total All Uncompleted Contracts

$0.00

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT C – FINANCIAL INFORMATION

Page 1 of 4

EIN:

As of Date:

ASSETS Current Assets 1. Cash $ 2. Accounts receivable – less allowance for doubtful

accounts $ Retainers included in accounts receivable Claims included in accounts receivable not yet

approved or in litigation Total accounts receivable $ 3. Notes receivable – due within one year $ 4. Inventory – materials $ 5. Contract costs in excess of billings on uncompleted

contracts $ 6. Accrued income receivable Interest Other (list) Total accrued income receivable $ 7. Deposits Bid and plan Other (list) Total deposits $ 8. Prepaid expenses Income Taxes Insurance Other (List) Total prepaid expenses $ 9. Other current assets (List) Total other current assets $ 10. Total current assets $

0.00

0.00

0.00

0.00

0.00

0

0.00


Page 2 of 4

EIN:

11. Investments Listed securities present market value $ Unlisted securities present value Total investments $ 12. Fixed Assets Land Building and improvements Leasehold improvements Machinery and equipment Automotive equipment Office furniture and fixtures Other (list) Total $ Less: accumulated depreciation $ Total fixed assets net $ 13. Other Assets Loans receivable officers employees shareholders Cash surrender value of officers’ life insurance Organization expense – net of amortization Notes receivable – due after one year Other (list) Total Other Assets $ 14. TOTAL ASSETS $

0.00

0.00

0.00

0.000.00


Page 3 of 4

EIN:

LIABILITIES

Current Liabilities 15. Accounts payable $ 16. Loans from shareholders – due within one year 17. Notes payable – due within one year 18. Mortgage payable – due within one year 19. Other payables – due within one year (List) $ Total other payables – due within one year 20. Billings in excess of costs and estimated earnings 21. Accrued expenses payable Salaries and wages Employees’ benefits Insurance Other Total accrued expenses payable 22. Dividends payable 23. Income taxes payable State Federal Other Total income taxes payable 24. Total Current Liabilities $ 25. Deferred Income Taxes

Payable State Federal Other Total deferred income taxes $

0.00

0.00

0.00

0.00

0.00


Page 4 of 4

EIN:

26.

Long Term Liabilities Loans from shareholders – due after one year Notes payable – due after one year Mortgage – due after one year Other payables – due after one year (List) Total long term liabilities $ 27. Other Liabilities (List) Total other liabilities $ 28. TOTAL LIABILITIES $

NET WORTH

29. Net Worth (if proprietorship or partnership) $ 30. Stockholders’ Equity Common stock issued and outstanding $ Preferred stock issued and outstanding Retained earnings Total $ Less: Treasury Stock 31. TOTAL STOCKHOLDERS EQUITY $ 32. TOTAL LIABILITIES AND STOCKHOLDERS’

EQUITY $

0.00

0.00

0.00

0.00

0.00

0.00

PREVAILING WAGE RATES

SPECIAL NOTE

NYSDOL STATE PREVAILING WAGE RATES

The contractor shall ensure that workers are paid the appropriate wages and supplemental

(fringe) benefits. Throughout the contract, the Contractor shall obtain and pay workers in

accordance with periodic wage rate schedule updates from the NYS Department of Labor

(NYSDOL). Wage rate amendments and supplements are available on the NYSDOL website at

www.labor.state.ny.us. All changes or clarification of labor classification(s) and applicability of

prevailing wage rates shall be obtained in writing from the Office of the Director, NYSDOL

Bureau of Public Work.

The NYSDOL prevailing wage rate schedule for this contract has been determined and is

available on the internet. The prevailing wage rate schedule is accessed by visiting the NYSDOL

website, navigating to the appropriate web page and entering the Prevailing Rate Case No.

(PRC#). The PRC# is 2016009197. The wage rate schedule for this project can be found at the

following link: https://applications.labor.ny.gov/wpp/showFindProject.do?method=showIt

FEDERAL DAVIS BACON WAGES

Federal Davis Bacon Wages also apply to this project. They may be obtained at

http://www.access.gpo.gov/davisbacon/allstates.html. A Copy of the prevailing wage rate

schedule is also included herein.

http://www.labor.state.ny.us/

https://applications.labor.ny.gov/wpp/showFindProject.do?method=showIt

http://www.access.gpo.gov/davisbacon/allstates.html

9/8/2016 www.wdol.gov/wdol/scafiles/davisbacon/NY2.dvb?v=15

http://www.wdol.gov/wdol/scafiles/davisbacon/NY2.dvb?v=15 1/23

General Decision Number: NY160002 09/02/2016 NY2

Superseded General Decision Number: NY20150002

State: New York

Construction Types: Building, Heavy and Highway

Counties: Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie and Washington Counties in New York.

BUILDING CONSTRUCTION PROJECTS (For all counties exceptCOLUMBIA, FULTON & GREENE) (does not include single familyhomes and apartments up to a including 4 stories), HEAVY ANDHIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wageof $10.15 for calendar year 2016 applies to all contractssubject to the Davis‐Bacon Act for which the solicitation wasissued on or after January 1, 2015. If this contract is coveredby the EO, the contractor must pay all workers in anyclassification listed on this wage determination at least$10.15 (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performingon the contract in calendar year 2016. The EO minimum wage ratewill be adjusted annually. Additional information on contractorrequirements and worker protections under the EO is availableat www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/08/2016 1 01/15/2016 2 02/19/2016 3 03/11/2016 4 03/18/2016 5 04/01/2016 6 05/06/2016 7 05/20/2016 8 06/17/2016 9 07/01/2016 10 07/08/2016 11 07/15/2016 12 07/29/2016 13 08/12/2016 14 08/26/2016 15 09/02/2016

ASBE0040‐002 05/01/2015

Rates Fringes

Asbestos/Insulator Worker SCOPE OF WORK: includes



application of all insulating materials, protective, coverings, coating and finishing to all types of mechanical systems.....................$ 32.52 20.55HAZARDOUS MATERIAL HANDLER Duties limited to preparation wetting; stripping; removal; scrapping; vacuuming; bagging; and disposing of all insulation materials, whether they contain asbestos or not from mechancial systems..........$ 32.52 20.55‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BOIL0197‐002 01/01/2013

Rates Fringes

BOILERMAKER......................$ 31.10 23.72‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRNY0002‐019 07/01/2015

Rates Fringes

BRICKLAYER BRICKLAYERS, STONE MASONS, CEMENT MASONS, PLASTERERS, POINTERS, CAULKERS & CLEANERS....................$ 32.80 19.57 HEAVY & HIGHWAY CONSTRUCTION CEMENT MASONS..............$ 34.01 18.38 MARBLE, TILE & TERRAZZO FINISHERS...................$ 24.92 15.97 MARBLE, TILE & TERRAZZO WORKERS.....................$ 31.67 18.67‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0279‐006 07/01/2016

Rates Fringes

Carpenters: HEAVY AND HIGHWAY CONSTRUCTION (COLUMBIA AND GREENE COUNTIES) Carpenters, Millwrights, Pile Drivers...............$ 34.69 25.93‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0291‐005 07/01/2016

Rates Fringes

Carpenters: SARATOGA COUNTY



BUILDING....................$ 29.82 19.20 WASHINGTON COUNTY BUILDING....................$ 27.07 18.95

PAID HOLIDAYS: Labor Day, provided the employee has been on the payroll the calender week or any of the holiday week preceding the holiday and works the day after the holiday.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0291‐008 07/01/2016

ALBANY, FULTON, MONTGOMERY, RENSSELAER, SCHENECTADY ANDSCHOHARIE COUNTIES

Rates Fringes

Carpenters: BUILDING CONSTRUCTION Carpenters & Soft Floor Layers.....................$ 30.00 19.70 Piledriver.................$ 29.85 19.80 HEAVY & HIGHWAY CONSTRUCTION Carpenters.................$ 29.85 19.80‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0291‐010 07/01/2016

Rates Fringes

Carpenters: CARPENTERS..................$ 29.85 19.80 DIVER TENDERS...............$ 30.85 19.80 DIVERS (Dry Day)............$ 30.85 19.80 DIVERS......................$ 54.85 19.80 PILEDRIVERS.................$ 29.85 19.80‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0236‐001 06/01/2016

ALBANY; COLUMBIA; FULTON; GREENE (that portion North of a linefollowing the south limits of the city of Catskill);MONTGOMERY; RENSSELAER, SARATOGA; SCHENECTADY; SCHOHARIE;WASHINGTON

Rates Fringes

ELECTRICIAN......................$ 37.00 24.48‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0363‐004 04/01/2015

GREENE COUNTY (Portion of)

Rates Fringes



ELECTRICIAN......................$ 38.00 6%+23.70+a

FOOTNOTE: a. Paid Holidays: New Year's Day, President's Day, Memorial Day, Fourth of July, Labor Day, Presidential Election Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1249‐003 05/02/2016

Rates Fringes

ELECTRICIAN (LINE CONSTRUCTION: LIGHTING AND TRAFFIC SIGNAL Including any and all Fiber Optic Cable necessary for Traffic Signal Systems, Traffic Monitoring systems and Road Weather information systems) Flagman.....................$ 24.99 7.25%+21.75+a Groundman (Truck Driver)....$ 33.32 7.25%+21.75+a Groundman Truck Driver (tractor trailer unit)......$ 35.40 7.25%+21.75+a Lineman & Technician........$ 41.65 7.25%+21.75+a Mechanic....................$ 33.32 7.25%+21.75+a

FOOTNOTE:

a. New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, plus President's Day, Good Friday, Decoration Day, Election Day for the President of the United States and Election Day for the Governor of the State of New York, provided the employee works the day before or the day after the holiday.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1249‐004 05/02/2016

Rates Fringes

ELECTRICIAN (Line Construction) Overhead and underground distribution and maintenance work and all overhead and underground transmission line work including any and all fiber optic ground wire, fiber optic shield wire or any other like product by any other name manufactured for the dual purpose of ground fault protection and fiber optic



capabilities : Flagman....................$ 30.28 7.25%+21.75+a Groundman digging machine operator...................$ 45.41 7.25%+21.75+a Groundman truck driver (tractor trailer unit).....$ 42.89 7.25%+21.75+a Groundman Truck driver.....$ 40.37 7.25%+21.75+a Lineman and Technician.....$ 50.46 7.25%+21.75+a Mechanic...................$ 40.37 7.25%+21.75+a Substation: Cable Splicer..............$ 52.75 7.25%+21.75+a Flagman....................$ 28.77 7.25%+21.75+a Ground man truck driver....$ 38.36 7.25%+21.75+a Groundman digging machine operator...................$ 43.16 7.25%+21.75+a Groundman truck driver (tractor trailer unit).....$ 40.76 7.25%+21.75+a Lineman & Technician.......$ 47.95 7.25%+21.75+a Mechanic...................$ 38.36 7.25%+21.75+a Switching structures; railroad catenary installation and maintenance, third rail type underground fluid or gas filled transmission conduit and cable installations (including any and all fiber optic ground product by any other name manufactured for the dual purpose of ground fault protection and fiber optic capabilities), pipetype cable installation and maintenance jobs or projects, and maintenance bonding of rails; Pipetype cable installation Cable Splicer..............$ 54.20 7.25%+21.75+a Flagman....................$ 29.56 7.25%+21.75+a Groundman Digging Machine Operator...................$ 44.34 7.25%+21.75+a Groundman Truck Driver (tractor‐trailer unit).....$ 41.88 7.25%+21.75+a Groundman Truck Driver.....$ 39.42 7.25%+21.75+a Lineman & Technician.......$ 49.27 7.25%+21.75+a Mechanic...................$ 39.42 7.25%+21.75+a

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday.



‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1249‐007 05/02/2016

COLUMBIA COUNTY

Rates Fringes

ELECTRICIAN (LIGHTING AND TRAFFIC SIGNAL INCLUDING ANY AND ALL FIBER OPTIC CABLE NECESSARY FOR THE TRAFFIC SIGNAL SYSTEMS, TRAFFIC MONITORING SYSTEMS AND ROAD WEATHER INFORMATION SYSTEMS) Flagman.....................$ 25.76 7.25%+21.75+a Groundman Digging Machine Operator....................$ 38.64 7.25%+21.75+a Groundman Truck Driver (Tractor‐trailer unit)......$ 36.49 7.25%+21.75+a Groundman Truck Driver......$ 34.34 7.25%+21.75+a Lineman and Technician......$ 42.93 7.25%+21.75+a Mechanic....................$ 34.34 7.25%+21.75+a

PAID HOLIDAYS: a. Memorial Day, New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and Election Day for the President of the United States and Election Day for the Governor of New York State, provided the employee works two days before or two days after the holiday.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1249‐008 01/01/2014

Rates Fringes

ELECTRICIAN (Line Construction) TELEPHONE, CATV FIBEROPTICS CABLE AND EQUIPMENT Cable splicer..............$ 29.12 3%+4.43 Groundman..................$ 12.98 3%+4.43 Installer Repairman‐ Teledata Lineman/Technician‐ Equipment Operator.........$ 27.64 3%+4.43 Tree Trimmer................$ 22.41 8.30+3%+a

a. New Year's Day, President's Day, Good Friday, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEV0035‐001 01/01/2016



ALBANY; COLUMBIA (Towns of Claverack, Hillsdale, Ghent,Stockport, Austerlitz, Canaan, New Lebanon, Chatham,Kinderhook, Styvesant and Greenport); FULTON; GREENE (Towns ofDurham, Greenville, New Baltimore, Coxcsackie and Athens);MONTGOMERY, RENSSELAER, SARATOGA, SCHENECTADY, SCHOHARIE ANDWASHINGTON COUNTIES

Rates Fringes

Elevator Constructor.............$ 42.33 29.985+a+b

FOOTNOTE: a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEV0138‐004 01/01/2016

COLUMBIA COUNTY (THE TOWNS OF ANCRAM, CLERMONT, COPAKE,GALLATIN, GERMANTOWN, LIVINGSTON, AND TAGHKANIC); GREEN COUNTY(THE TOWNS OF HUNTER AND CATSKILL)

Rates Fringes

ELEVATOR MECHANIC................$ 53.72 29.985+a+b

FOOTNOTE: a.Vacation: 6%/under 5 years based on regular hourly rate for all hours worked. 8%/over 5 years based on regular hourly rate for all hours worked. b. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veterans' Day; Thanksgiving Day; the Friday after Thanksgiving Day; and Christmas Day.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0106‐001 07/01/2016

HEAVY & HIGHWAY

Rates Fringes

Power equipment operators: GROUP 1.....................$ 40.46 24.75+a GROUP 2.....................$ 39.55 24.75+a GROUP 3.....................$ 36.98 24.75+a GROUP 4.....................$ 44.46 24.75+a GROUP 5.....................$ 43.46 24.75+a GROUP 6.....................$ 42.46 24.75+a GROUP 7.....................$ 42.07 24.75+a

POWER EQUIPMENT OPERATOR CLASSIFICATIONS (HEAVY & HIGHWAY):



GROUP 1: Asphalt Curb Machine, Self Propelled, Slipform, Automated Concrete Spreader (CMI Type), Automatic Fine Grader, Backhoe (Except Tractor Mounted, Rubber Tired), Backhoe Excavator Full Swing (CAT 212 or similar type), Back Filling Machine, Belt Placer (CMI Type), Blacktop Plant (Automated), Boom truck , Cableway, Caisson Auger, Central Mix Concrete Plant (Automated), Concrete Curb Machine, Self Propelled, Slipform, Concrete Pump, Crane, Cherry Picker, Derricks (steel erection), Dragline, Overhead Crane (Gantry or Straddle type), Pile Driver, Truck Crane, Directional Drilling Machine, Dredge, Dual Drum Paver, Excavator (All Purpose Hydraulically Operated) (Gradall or Similar), Front End Loader ( 4 cu. yd. and Over), Head Tower (Sauerman or Equal), Hoist (Two or Three Drum), Holland Loader, Maintenance Engineer, Mine Hoist, Mucking Machine or Mole Pavement Breaker(SP) Wertgen; PB‐4 and similar type, Power Grader, Profiler (over 105 H.P.) Quad 9, Quarry Master (or equivalent), Scraper, Fireman, Fork Lift, Form Tamper, Grout Pump, Gunite Machine, Hammers (Hydraulic self‐propelled), Hydra‐Spiker, ride‐on, Hydraulic Pump (jacking system), Hydro‐Blaster (Water), Mulching Machine, Oiler, Parapet Concrete or Pavement, Shovel, Side Boom, Slip Form Paver, Tractor Drawn, BeltType Loader, Truck or Trailer Mounted Log , Chipper (Self Feeder), Tug Operator (Manned Rented Equipment Excluded), Tunnel Shovel

GROUP 2: Asphalt Paver, Backhoe (Tractor Mounted, Rubber Tired), Bituminous Recycler Machine, Bituminous Spreader and Mixer, Blacktop Plant (NonAutomated), Blast or Rotary Drill (Truck or Tractor Mounted), Boring Machine, Cage Hoist, Central Mix Plant (NonAutomated) and All Concrete Batching Plants, Cherry Picker (5 tons capacity and under), Concrete Paver (Over 16S), Crawler Drill, Self‐contained, Crusher, Diesel Power Unit, Drill Rigs, Tractor Mounted, Front End Loader (Under 4 cu. yd.), Greaseman/Lubrication Engineer, HiPressure Boiler (15 lbs. and over), Hoist (One Drum), Hydro‐Axe, Kolman Plant Loader and Similar Type Loaders, L.C.M. Work Boat Operator, Locomotive Mixer (for stabilized base selfpropelled), Monorail Machine, Plant Engineer, Profiler (105 H.P. and under), Grinder, Post Hole Digger and Post Driver, Power Broom (towed), Power Heaterman, Power Sweeper, Revinius Widener, Roller (Grade and Fill), Scarifier, ride‐on, Shell Winder, Skid steer loader (Bobcat or similar), Span‐Saw, ride‐on, Steam Cleaner, Pug Mill, Pump Crete Ready Mix Concrete Plant Refrigeration Equipment (for soil stabilization)Road Widener, Roller (all above subgrade), Sea Mule, Self‐contained Ride‐on Rock Drill, Excluding Air‐Track Type Drill, Skidder, Tractor with Dozer and/or Pusher, Trencher. Tugger Hoist, Vermeer saw (ride on, any size or type), Winch, Winch Cat

GROUP 3: A Frame Winch Hoist on Truck , Articulated Heavy Hauler, Aggregate Plant, Asphalt or Concrete Grooving, Machine (ride on), Ballast Regulator, Ride‐on Boiler (used



in conjunction with production), Bituminous Heater, self‐propelled, Boat (powered), Cement and Bin Operator, Compressors, Dust Collectors, Generators, Pumps, Welding Machines, Light Plants, Heaters (hands‐off equipment), Concrete Pavement Spreader and Finisher, Concrete Paver or Mixer (16S and under), Concrete Saw (self‐propelled), Conveyor, Deck Hand, Directional Drill Machine Locator, Drill, (Core), Drill, (Well,) Farm Tractor with accessories, Fine Grade Machine, Tamper, ride‐on, Tie Extractor, ride‐on, Tie Handler, ride‐on, Tie Inserter, ride‐on, Tie Spacer, ride‐on, Tire Repair, Track Liner, ride‐on, Tractor, Tractor (with towed accessories), Vibratory Compactor, Vibro Tamp, Well Point

GROUP 4: Tower Cranes

GROUP 5: Cranes 50 tons and over

GROUP 6: Cranes 49 tons and below

GROUP 7: Master Mechanic

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Lincoln's Birthday, Washington's Birthday, Good Friday, Columbus Day, November Election Day and Veteran's Day

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0106‐002 07/01/2016

BUILDING

Rates Fringes

Power equipment operators: GROUP A(1)..................$ 41.08 24.40+a GROUP A.....................$ 40.61 24.40+a 1..........................$ 42.08 24.40+a 2..........................$ 43.08 24.40+a GROUP B.....................$ 39.65 24.40+a GROUP C.....................$ 36.92 24.40+a

Hazardous work ‐ Anytime Operating Engineers are involved with level C or above, $2.50 per hour over regular rate.

FOOTNOTE:

a. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS (BUILDING):

GROUP A(1): Crane, hydraulic cranes, tower crane, locomotive crane, piledriver, cableway, derricks, whirlies, dragline, boom truck (over 5 tons)



GROUP A(1): Crane Premiums: 1 over 150'‐ $1.00 2 over 200'‐ $2.00

GROUP A: Shovel, All Excavators (including rubber tire full swing), gradalls, power road grader, all CMI equipment, front‐end rubber tire loader, tractor‐mounted drill (quarry master), mucking machine, concrete central mix plant, concrete pump, Belcrete system, automated asphalt concrete plant and tractor road paver, boom truck (5 tons and under), maintenance engineer, self contained crawler, drill‐hydraulic rock drill.

GROUP B: Backhoe, (rubber‐tired backhoe/loader combination), bulldozer, pushcat, tractor, traxcavator, scraper, LeTourneau grader, form fine grader, road roller, blacktop roller, blacktop spreader, power brooms, sweepers, trenching machine, Barber Green loader, side booms, hydrohammer, concrete spreader, concrete finishing machine, one drum hoist, power hoisting (single drum), hoist ‐ two drum or more, three drum engine, power hoisting (two drum and over), two drum and swinging engine, three drum swinging engine, hod hoist, A‐L frame winches, cord and well drillers (one drum), post hole digger, model CHB Vibro‐Tamp or similar machine, batch bin and plant operator, dinkey locomotive, skid steer loader, track excavator 5/8 cu. yd. or smaller

GROUP C: Fork lift, high lift, lull, oiler, fireman and heavy‐ duty greaser, boilers, and steam generators, pump, vibrator, motor mixer, air compressor, dust collector, welding machine, well point, mechanical heater, generators, temporary light plants, concrete pumps, electric submersible pump 4" and over, murphy type diesel generator, conveyor, elevators, concrete mixer and belcrete power pack (belcrete system), seeding, and mulching machines, pumps

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0012‐011 05/01/2016

ALBANY; COLUMBIA; FULTON (Albin, Bleecker, Broad, Johnstown,Mayfield, Northampton and Perth); GREENE, MONTGOMERY(Amsterdam, Charleston, Florida, Glen, Mohawk and Root);RENSSELAER, SARATOGA; SCHENECTADY; SCHOHARIE; and WASHINGTONCOUNTIES:

Rates Fringes

Ironworkers: Sheeter, Bucker‐up..........$ 30.30 23.14 Sheeter.....................$ 30.30 23.14 Structural, Ornamental, Rodman, Machinery Mover, Rigger, Fence Erector, Reinforcing, Stone



Derrickmen..................$ 30.05 23.14‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0440‐007 05/02/2016

FULTON (Twps. of Caroga, Ephratah, Oppenheim, Stratford);MONTGOMERY (Twps of Canajoharie, Minden, Palatine, St.Johnsville):

Rates Fringes

Ironworkers: Structural, Ornamental, Rodman, Machinery Mover, Rigger, Fence Erector, Reinforcement, and Stone Derrickman..................$ 26.60 24.84‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0017‐001 07/01/2014

COLUMBIA COUNTY (Twps of Greenport, Claverack, Clermont,Germantown, Livingston, Hillsdale, Taghkanic, Gallatin, Copake,Ancram, Philmont and the City of Hudson)

Rates Fringes

LABORER COLUMBIA COUNTY (Townships of Greenport, Claverack, Clermont, Germantown, Livingston, Hillsdale, Taghkanic, Gallatin, Copake, Ancram, Philmont, and the City of Hudson) (Asbestos, lead, toxic and hazardous waste abatement and any other environmental related work) HEAVY & HIGHWAY GROUP 1:...................$ 30.05 22.40+a GROUP 2:...................$ 34.55 22.40+a GREENE COUNTY (Township of Catskill) HEAVY & HIGHWAY: GROUP 1:...................$ 30.05 22.40+a GROUP 2:...................$ 34.55 22.40+a GROUP 3:...................$ 38.55 22.40+a GROUP 4:...................$ 42.45 22.40+a TUNNEL, SHAFT & CAISSON WORK GROUP 1....................$ 42.65 22.40+a

For HEAVY & HIGHWAY CLASSIFICATIONS in COLUMBIA COUNTY (Townships of Greenport, Claverack, Clermont, Germantown, Livingston, Hillsdale, Taghkanic, Gallatin, Copake, Ancram, Philmont and the City of Hudson)



HEAVY & HIGHWAY CLASSIFICATIONS

GROUP 1: Asbestos, toxic, bio‐remediation, phyto‐remediation, lead or hazardous material abatement when protective equipment and clothing are not required

GROUP 2: Asbestos, toxic, bio‐remediation, phyto‐remediation, lead or hazardous material abatement when protective clothing and equipment is required

For HEAVY & HIGHWAY CLASSIFICATIONS in GREENE COUNTY (Township of Catskill)

FOOTNOTE:

a. PAID HOLIDAYS: New Years Day, President's Day, Memorial Day, Independence Day, Lincoln's Birthday, Labor Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day, provided the employee is an employee of the company prior to the scheduled holiday and reports to work the first day following the holiday unless prevented from doing so for legitimate reasons.

GROUP 1: Flagperson, gateperson

GROUP 2: General laborers, chuck tender, handling and distributing drinking water, distributing all tools and supplies of laborers, nipper, powder carrier, magazine tender, warehouse laborers, concrete man, vibrator man, mason tender, mortar man, spraying, brushing and covering of concrete for curing and preservative purposes, traffic striper, scaffold builder, concrete curb and sidewalk form setter; permanent traffic striping and reflective devices, placing and maintenance of all flares, cones, lights, signs, barricades, traffic patterns, and all temporary reflective type materials for traffic control, custodial work, traffic directors, temporary heat or light tenders, tool room, dewatering pump men, pitman, dumpmen, snow removal and firewatch, asphalt man, joint setter, signal person, pipelayer, pipe lining and relining, wellpoints, conduit and duct layer, wire puller, rip rap and dry stone layer, steel rod carrier, core drill, rock splitter, Hilti gun air or electric, jackhammer, bush hammer, pavement breaker, chipping hammer, wagon drill, air track, jib rig, joy drill, gunite and sand blasting, coal passer and other machine operators, power tool operator, sprayer and nozzle man on mulching and seeding machine, all guard rail and fence, all seeding and sod laying, all landscape work, grade checker, all bridge work, walk behind self‐propelled power saw, grinder, groover or similar type machine, walk behind tamper and roller of all types, salvage, stripping, wrecking and dismantling laborer (including barman, cutting torch and burner man), sheeting and shoring coming under laborers jurisdiction, bit grinder, operator of form pin puller and drivers, sandblasting, joint and jet sealer, filling and wiring baskets for gabion walls, permanent sign man, median barrier, sta‐wall or similar type product,



chain saw operator, railroad track laborer, waterproofer, pre‐stressed and pre‐cast concrete brick, block and stone pavers, power tools used to perform work usually done by laborers, power buggy and pumpcrete operator, fireproof, plaster and caustic pump, asbestos, toxic, bio‐remediation, phyto‐remediation, lead or hazardous materials abatement when protective clothing and equipment is not required, power brush cutter, retention liners, artificial turf, retaining walls, walk behind surface planer, welding related to laborers work, remote controlled equipment normally operated by laborers, all technician work including but not limited to stitching, seaming, heat welding, fireproof sprayer, mortar mixer, concrete finisher, form setter for concrete curbs and flatwork. Gunite nozzle man, stone cutters, granite stone layer, manhole, catch basin or inlet installing, laser men. Ground man on milling machine

GROUP 3 Ingersoll Rand heavy duty crawler‐master HCMZ, any drill using a 4" or larger bit, asbestos, toxic, bio‐remediation, phyto‐remediation, lead or hazardous material abatement when protective clothing and equipment is required, all working foremen including grade, pipe concrete, clearing, blacktop, drill, paving and blaster etc., Hydraulic drill or similar, forklift for masonry only, Blaster and asphalt screedman

GROUP 4: Asbestos, toxic, lead or hazardous material abatement foreman

For TUNNEL, SHAFT & CAISSON WORK CLASSIFICATIONS

FOOTNOTE:

a. PAID HOLIDAYS: New Years Day, President's Day, Memorial Day, Independence Day, Labor Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day

GROUP 1: Laborer, Pit and Dumpman, Chuck Tender, Brakeman and Powderman; Miner and all machine men, Safety Miner, all shaft work, caisson work, drilling, blow pipe, all air tools, tugger, scaling, nipper gunniting from pot to nozzle, bit grinder, signal man (top and bottom), shield driven tunnel, mixed face and soft ground liner plate tunnel in free air

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0035‐001 06/01/2013

FULTON (TWPS OF CAROGA, EPHRATA, OPPENHEIM, AND STRAFORD);MONTGOMERY (TWPS OF CANAJOHARIE, MINDEN AND PALATINE, ROOT ANDST. JOHNSVILLE)

Rates Fringes



Laborers Building Construction Asbestos Removal............$ 22.00 16.29 Blasters, Form Setters, MotorBuggy Operator (Rider Type)......................$ 21.00 16.29 Hazardous Waste Removal Hazardous waste removal includes wetting, stripping, removal, scrapping, vaccuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems.........$ 22.00 16.29 HEAVY & HIGHWAY: GROUP 1:...................$ 26.15 19.04 GROUP 2:...................$ 26.35 19.04+a GROUP 3:...................$ 26.55 19.04 GROUP 4:...................$ 26.75 19.04 Laborers....................$ 20.50 16.29 Pipelayers, Motor Mixers, Motor Buggy Operator (Walk Behind) Power Lift (Walk Behind)...............$ 20.65 16.29 Wagon Drill Operator........$ 20.90 16.29

FOOTNOTE:

a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

GROUP 1: Common Laborers, Flagman, Outboard and Hand boats

GROUP 2: Bull Float, Chain Saw, Concrete aggregate bin, Concrete Bootman, Gin Buggy, Hand or Machine Vibrator, Jackhammer, Mason Tender, Mortar Mixer, Pavement Breaker, Handlers of all steel mesh, Small generators for laborer's tools, Installation of bridge drainage, Pipelayers, Vibrator type rollers, Tamper, Drill doctor, Tail or Screw Operator on asphalt paver, Water pump operator (1 1/2" and single diaphragm), Nozzle (asphalt, gunnite, seeding and sand blasting), Laborers on chain link fence erection, Rock splitter and power unit, Pusher type concrete saw and all other gas, electric, oil, and air tool operators, Wrecking laborers

GROUP 3: All rock or drilling machine operators (except quarry master and similar type), Acetylene torch operators, and Asphalt paver, Powderman

GROUP 4: Blasterers, Form setters, Stone or Granite Curb setters

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0157‐001 07/01/2016



FULTON (Twps. of Bleeker, Mayfield, Northhampton, Johnstown,Broadalbin and Perth); MONTGOMERY (Twps. of Mohawk, Glen,Charleston, Amsterdam, and Florida); SARATOGA (Twps. of Day,Hadley, Edinburg, Corinth, Moreau, South Glens Falls,Providence, Greenfield, Wilton, Northcumberland, Galway,Milton, Saratoga Springs, Charlton, Ballston, Malta and CliftonPark); SCHENECTADY and SCHOHARIE COUNTIES.

Rates Fringes

LABORER BUILDING: GROUP 1....................$ 27.84 19.34+a GROUP 2....................$ 29.19 19.34+a HEAVY & HIGHWAY: GROUP 1:...................$ 29.50 20.49+a GROUP 2:...................$ 29.70 20.49+a GROUP 3:...................$ 29.90 20.49+a GROUP 4:...................$ 30.10 20.49+a GROUP 5:...................$ 31.50 20.49+a

LABORER CLASSIFICATIONS

Group 1: Common Laborers

Group 2: Asbestos and Toxic Materials

Commercial projects valued at $800,000 or less and/or industrial projects valued at $100,000 or less, excluding demolition work (the complete razing of structures) 75% of the basic wage scale with full benefits will apply

FOOTNOTE:

a. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day

LABORER CLASSIFICATIONS

GROUP 1: Common laborers, flagman, outboard & hand boats

GROUP 2: Bull float, chain saw, concrete aggregate bin, concrete bootman, gin buggy, hand or machine vibrator, jackhammer, mason tender, mortar mixer, pavement breaker, handlers of all steel mesh, small generators for laborers' tools, installation of bridge drainage, pipelayers, vibrator type rollers, tamper, drill doctor, tail or screw operator on asphalt paver, water pump operator (1 1/2") and single diaphragm), nozzle (asphalt, gunnite, seeding, and sand blasting), laborers on chain fence erection, rock splitter and power unit, pusher type concrete saw and all other gas, electric, oil, and air tool operators, wrecking laborers

GROUP 3: All rock drilling machine operators (except quarry master and similar type), acetylene torch operator, and



asphalt paver, powderman

GROUP 4: Blasterers, form setters, stone or granite curb setters

GROUP 5: Hazardous waste removal

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0190‐001 07/01/2016

ALBANY; RENSSELAER COUNTY, WASHINGTON COUNTY, SARATOGA COUNTY(Townships of Stillwater, Halfmoon, Saratoga)

Rates Fringes

Laborers: BUILDING: GROUP 1....................$ 26.31 20.82 GROUP 2....................$ 27.66 20.82

LABORERS CLASSIFICATIONS

GROUP 1: Common Laborers

GROUP 2: Hazardous waste removal Commercial projects valued at $800,000 or less and/or industrial projects valued at $100,000 or less excluding demolition work, (complete razing of structures) will receive 75% of basic wage scale with full fringes will apply

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0190‐002 07/01/2016

ALBANY; RENSSELAER; COLUMBIA (Twps. of Stuyvesant, Stockport,Kinderhook, New Lebanon, Cannan, Ghent, Chatham, Austerlitz).GREENE (except Catskill Township). WASHINGTON COUNTY. SARATAGOCOUNTY (Townships of Stillwater, Halfmoon Saratoga)

Rates Fringes

Laborers: HEAVY & HIGHWAY: GROUP 1:...................$ 29.14 20.80 GROUP 2:...................$ 29.34 20.80 GROUP 3:...................$ 29.54 20.80 GROUP 4:...................$ 29.74 20.80 GROUP 5:...................$ 27.66 20.80

FOOTNOTE: PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

LABORERS CLASSIFICATIONS

GROUP 1: Common laborers, flagmen, outboard and hand boats



GROUP 2: Bull float, chain saw, concrete aggregated bin, concrete bootman, gin buggy, hand or machine vibrator, jackhammer, mason tender, mortar mixer, pavement breaker, handlers of all steel mesh, small generators for laborers' tools, installation of bridge drainage, pipelayers, vibrator type rollers, tampers, drill doctor, Tail or screw operator on asphalt paver, Water pump operator (1 1/2" and single diaphragm), Nozzle (asphalt, gunnite, seeding, and sand blasting) Laborers on chain link fence erection, rock splitter and power unit, pusher type concrete saw and all other gas, electric, oil, air tool operators, and wrecking laborers

GROUP 3: All rock air drilling machine operators (except quarry master and similar type), acetylene torch operators, and asphalt paver, powderman

GROUP 4: Blasterers, form setters, stone or granite curb setters

GROUP 5: Hazardous waste removal

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1000‐005 05/01/2012

COLUMBIA (Twps. of Greenport, Claverack, Hillsdale, Livingston,Germantown, Taghkanic, Copake, Clermont, Gallatin, Ancram):

Rates Fringes

Laborers: HEAVY & HIGHWAY GROUP 1....................$ 25.60 22.25+a GROUP 2....................$ 29.36 22.25+a GROUP 3....................$ 30.36 22.25+a

LABORERS CLASSIFICATIONS (HEAVY & HIGHWAY)

GROUP 1: Flagperson; Placing and maintenance of all flares, cones, lights, signs, barricades; traffic control custodial work; traffic directors; temporary heat or light tenders; tool rooms

GROUP 2: General Laborers, Dumpman, Pitman, Concrete man; Signal man; Pipelayers; Rip rap; Dry stone layer; Jack hammer; Powderman; Highscalers power buggy operator; Steel rod carrier; Vibratory operator; other machine operator; wrecking; Vibrator operator‐compactor; Gunite and sandblasting; Water pump 2" or under; Nipper; Chucker; Asphalt Workers

GROUP 3: Asphalt raker; Asphalt Screedman; Drillers (all); Laser Beam Operator; Form Setter/Aligners; Blasters

FOOTNOTE:



a. PAID HOLIDAYS: New Years Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, November Election Day, Thanksgiving Day, and Christmas Day

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0009‐005 05/01/2015

Rates Fringes

Painters: Lead Abatement Workers, Structural Steel Zone 1.....................$ 29.24 11.85 Zone 2.....................$ 29.00 12.09 Painters, Drywall Finishers, Spray Zone 1.....................$ 28.24 11.85 Zone 2.....................$ 28.00 12.09

Zone #1 Entire counties of ALBANY, FULTON, MONTGOMERY, RENNSELAER, SCHOHARIE, SCHENECTADY AND SARATOGA

ZONE #2 All of WASHINGTON County

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0009‐013 05/01/2014

Rates Fringes

GLAZIER..........................$ 26.05 17.51‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0155‐002 05/01/2014

COLUMBIA AND GREENE COUNTIES

Rates Fringes

Painters: Drywall Finisher............$ 29.44 19.71 Lead Abatement Work.........$ 29.44 19.71 Painter/Paperhanger.........$ 29.44 19.71 Spray Rate..................$ 30.44 19.71‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0806‐002 10/01/2015

ALBANY, COLUMBIA, FULTON, GREENE, MONTGOMERY, RENNSELAER,SCHOHARIE, SCHENECTADY, SARATOGA AND WASHINGTON

Rates Fringes

Painters: Structural Steel and Bridge.$ 49.00 37.13‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐* PLUM0007‐001 09/01/2016



ALBANY; COLUMBIA; FULTON; GREENE; MONTGOMERY; RENSSELAER;SCHENECTADY; SARATOGA (Towns of Charlton, Clifton Park, Galway,Halfmoon, Milton, Stillwater and Waterford)

Rates Fringes

PLUMBER/PIPEFITTER...............$ 39.54 24.69‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0112‐019 05/01/2016

Townships of Canajoharie and Minden

Rates Fringes

PLUMBER (Including Steamfitting) Northern Zone...............$ 34.50 25.00‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0773‐002 05/01/2016

SARATOGA (Remainder of County); WASHINGTON COUNTY:

Rates Fringes

PLUMBER/PIPEFITTER...............$ 35.35 28.18‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ROOF0203‐003 06/01/2011

SCHOHARIE COUNTY:

Rates Fringes

ROOFER...........................$ 23.12 12.72‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ROOF0241‐001 06/01/2014

Rates Fringes

ROOFER...........................$ 28.00 14.30‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SFNY0669‐001 04/01/2016

Rates Fringes

SPRINKLER FITTER.................$ 32.66 21.42‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SHEE0083‐001 06/01/2015

Rates Fringes

Sheet metal worker...............$ 32.35 28.05+a

FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. If any of



these holidays fall on a Saturday or Sunday, either the preceding Friday or following Monday will be observed as the holiday.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0294‐002 07/01/2015

BUILDING CONSTRUCTION

Rates Fringes

Truck drivers: GROUP 1.....................$ 26.29 19.28+a GROUP 2.....................$ 26.59 19.28+a

FOOTNOTES:

a. One week vacation after 1 year; 2 weeks vacation after 5 years.

TRUCK DRIVERS BUILDING CLASSIFICATIONS

GROUP 1: Straight, winch, transit mix on job site, road oilers, dump, panel, pick‐up, water and fuel trucks on site (including nozzle)

GROUP 2: Euclid or similar equipment, lowboy or lowboy trailers

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0294‐003 07/01/2015

Rates Fringes

Truck drivers: HEAVY & HIGHWAY GROUP 1....................$ 26.92 21.90+a GROUP 2....................$ 26.97 21.90+a GROUP 3....................$ 27.06 21.90+a GROUP 4....................$ 27.17 21.90+a GROUP 5....................$ 27.32 21.90+a

TRUCK DRIVERS CLASSIFICATIONS (HEAVY & HIGHWAY)

GROUP 1: Pick‐ups, panel trucks, flatboy material trucks (straight jobs), single axle dump trucks, dumpsters, receivers, greasers, truck tireman

GROUP 2: Tandems, batch trucks, mechanics

GROUP 3: Semi‐trailers, low‐boy trucks, asphalt distributor trucks, agitator, mixer trucks and dumpcrete type vehicles, truck mechanic, fuel truck

GROUP 4: Specialized earth moving equipment ‐ euclid type or similar off‐highway equipment, where not self‐loaded, straddle (ross) carrier, self‐contained concrete unit



GROUP 5: Off‐highway tandem back dump, twin engine equipment and double hitched equipment where not self‐loaded

FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, provided the employee works the day before and the day after the holiday.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WELDERS ‐ Receive rate prescribed for craft performingoperation to which welding is incidental.

================================================================

Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014.

Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.

Survey Rate Identifiers



Classifications listed under the "SU" identifier indicate thatno one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon‐union rates. Example: SULA2012‐007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until anew survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG‐OH‐001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This canbe:

* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis‐Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)



and 3.) should be followed.

With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION

AG-1

AGREEMENT BETWEEN OWNER AND CONTRACTOR

This AGREEMENT made on the ____ day of ______________ in the year 2016 by and between,

(hereinafter called OWNER) and

___________________________________________________ (hereinafter called the CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – WORK

The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally

described as follows:

This project will replace the Old Blenheim Bridge, a 210’ wooden covered bridge over the Schoharie Creek.

The project will include construction of a timber covered bridge, concrete abutments, concrete retaining

walls, ADA compliant walkway, fencing and restoration of the area leading to the structure.

ARTICLE 2 – ENGINEER

The Project has been designed by Greenman-Pedersen, Inc who is hereinafter called ENGINEER and who is

to act as OWNERS representative, assume all duties and responsibilities and have the rights and authority

assigned to ENGINEER in the Contract Documents in connection with completion of the Work in

accordance with the Contract Documents.

ARTICLE 3 - CONTRACT TIME

3.1. The Work will be substantially completed on or before October 31, 2018 and ready for final

payment on or before December 31, 2018.

3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of

this Agreement and that the OWNER will suffer financial loss if the Work is not completed

within the times specified in paragraph 3.1 above, plus any extensions thereof allowed. They

also recognize delays, expense and difficulties involved in proving the actual loss suffered by

the OWNER is not completed on time. Accordingly, instead of requiring such proof, OWNER

and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)

CONTRACTOR shall pay OWNER Liquidated Damages assessed in accordance with the cover

referenced version of the NYSDOT Standard Specifications, Section 108-03 and/or Table 108-1

“Schedule of Liquidated Damages”. The Reference to the “Commissioner of Transportation”

shall be read to mean OWNER.

ARTICLE 4 - CONTRACT PRICE

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an

amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below:

4.1. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified

item of Unit Price Work time the estimated quantity of that item as indicated in the Bid Summary Forms.

4.2. Estimated quantities are not guaranteed, and determinations of actual quantities and classifications

are to be made by ENGINEER.

AG-2

ARTICLE 5 – PAYMENTS

5.1. OWNER shall make progress payments on account of the Contract Price on the basis of

CONTRACTOR’s Applications for Payment as recommended by the ENGINEER, on or about the

10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All

such payments will be measured by the number of units completed.

5.1.1. As the work progresses in accordance with the contract and in a manner that is satisfactory to the Owner,

the Owner hereby agrees to make payments to the Contractor therefore, based upon the proposal attached

hereto and made a part hereof, as follows: The Owner shall once in each month and on such days as it

may fix, determine the quantity of work completed and of material which has actually been put in place in

accordance with the terms and conditions of the contract, during the preceding month, and compute the

value thereof and pay to the Contractor the monies due as determined by the Engineer. No monthly

payment shall be rendered unless the value of the work completed equals 5% of the contract amount or

$1,000, whichever is the lesser. Semi-monthly payments may be rendered provided (a) the value of work

performed in two successive weeks is more than $50,000 or (b) the Engineer deems it to be on the best

interest of the Owner to do so. The Contractor shall not hold any retainage from any Subcontractor.

5.1.2. When in the opinion of the Engineer, a Contractor has fully performed the work under the contract, the

Engineer shall recommend to the Owner the acceptance of work so completed. If the Owner accepts the

recommendation of the Engineer, he/she shall thereupon by letter notify the Contractor, with copies to the

other interested parties, of such acceptance. Prior to the final acceptance of the work by the Owner, the

contract work may be inspected, accepted and approved by other agencies and/or municipalities who will

have jurisdiction of the work after final acceptance.

5.2. The final payment shall be made upon final completion and acceptance of the work by the Owner and as

recommended by the Engineer.

ARTICLE 6 - INTEREST

All monies not paid when due shall bear interest at the statutory rate of New York State.

ARTICLE 7 - CONTRACTOR REPRESENTATIONS.

In order to induce the OWNER to enter into this Agreement the CONTRACTOR makes the following

representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including Addenda listed

in Article 8) and other related data identified in the Bidding Documents including “technical data.”

7.2 CONTRACTOR as visited the site and become familiar with and is satisfied as to the general, local,

and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and

Regulations that may affect, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or

contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface

structures at or contiguous to the site (except Underground Facilities). CONTRACTOR acknowledges that

such reports and drawing are not Contract Documents and may not be complete for CONTRACTOR’S

purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for

the accuracy or completeness of information and data shown or indicated in the Contract Documents with

respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully

AG-3

studied (or assumes responsibility for having done so) all such additional supplementary examinations,

investigations, explorations test, studies and data concerning conditions (surface, subsurface, Underground

Facilities) at or contiguous to the site or otherwise which may affect the cost, progress, performance, or

furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and

procedures of construction to be employed by CONTRACTOR and safety precautions, and programs incident

thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations,

test, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price,

within the Contract Times and in accordance with the other terms and conditions of the Contract Documents.

7.5 CONTRACTOR is aware of the general nature of the work to be performed by OWNER and others

at the site that relates to the Work as indicated in the Contract Documents.

7.6 CONTRACTOR has correlated the information known to the CONTRACTOR, information and

observation obtained from visits to the site, reports, and drawings identified in the Contract

Documents and all additional examinations, investigations, explorations, tests, studies, and data with


7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or

discrepancies that CONTRACTOR has discovered in the Contract Documents and the written

resolution thereof by ENGINEER is acceptable to the CONTRACTOR, and the Contract Documents

are generally sufficient to indicate and convey understanding of all terms and conditions for

performance and furnishing of the Work.

ARTICLE 8 - CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between the Owner and the Contractor

concerning the Work consist of the following:

8.1. This Agreement

8.2. Performance, Payment and other Bonds

8.3. Notice to Proceed

8.4. All technical specifications as set forth in the Table of Contents

8.5. Drawings consisting of a cover sheet and sheets numbered 1 through 65, inclusive with each sheet

bearing the following general title: OLD BLENHEIM BRIDGE REPLACEMENT; FEMA 4020

DR NY / PA ID 095-99095-00

8.6. Addenda numbers ______ to ______, inclusive

8.7. CONTRACTOR’s Bid Pages as set forth in the Bidders Checklist

8.8. Documentation submitted by CONTRACTOR prior to Notice of Award

8.9. GOSR Required Provisions in the Contract Documents

8.10. State and/or Federal Prevailing Wage Schedules, as applicable

8.11. All other documents set forth in this project manual except Supplemental Information Available to Bidders

AG-4

8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are

not attached hereto: All written Amendments and other documents amending, modifying or

supplementing the Contract Documents.

ARTICLE 9 - MISCELLANEOUS.

9.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be

binding on another party hereto without the written consent of the party sought to be bound; and,

specifically but without limitation, moneys that may become due and moneys that are due may not

be assigned without such consent (except to the extent that the effect of this restriction may be

limited by law), and unless specifically stated to the contrary in any written consent to an

assignment no assignment will release or discharge the assignor from any duty or responsibility

under the Contract Documents.

9.2. Neither the Owner nor the Contractor shall, without the prior written consent of the other, assign or

sublet in whole or in part his interest under any of the Contract Documents and, specifically, the

Contractor shall not assign any monies due or to become due without the prior written consent of the

Owner.

9.3. The Owner and the Contractor each binds itself, its partners, successors, assigns and legal

representatives to the other party hereto, its partners, successors, assigns and legal representatives in

respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and

binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be

reformed to replace such stricken provision or part thereof with a valid and unenforceable provision

that comes as close as possible to expressing the intention of the stricken provision.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart

each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have

been signed, initialed or identified by OWNER and CONTRACTOR, or identified by ENGINEER on their behalf.

This Agreement will be effective on ____________ ___, 2016 (which is the Effective Date of the Agreement).

OWNER CONTRACTOR

By: By:

[COPORATE SEAL] [CORPORATE SEAL]

Attest: Attest:

Address for giving notices Address for giving notices

(If OWNER is a public body, attached evidence of License No.

authority to sign and resolution or other documents

authorizing execution of Agreement Agent for services of process:

(If CONTRACTOR is a corporation, attach

evidence of authority to sign).

AG-5

ACKNOWLEDGMENT OF COUNTY

(a)

(b) State of New York ss

(c) County of Schoharie} ss

On this .....……….……....day of .…………...................., 20..…. before me, the undersigned, a Notary Public

in and for said State, personally appeared _______________________, as Chairman of the Schoharie

County Board of Supervisors, Schoharie , New York, 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 that said

_________________________ duly acknowledged to me that he executed the same pursuant to the power

and authority vested in them by the Schoharie County Board of Supervisors, and that by their signature on the

instrument he/she executed the instrument pursuant to the authority vested in them.

.............................…………………………….…..

Notary Public

ACKNOWLEDGMENT OF CONTRACTOR

State of ............................… }ss County of ............................…}ss

On this .........……….day of ......................, 20......, before me, the undersigned, a Notary Public in and for

said State personally came and 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, who, being by me duly sworn, did depose and say that he / she resides at ……………

.............................................................………………………………………………… and that he/ she is the

………………………………………………… of ……………………………………….……………………

…………………………………………………………………………………………………………………...

the corporation described in and which executed the foregoing instrument; that he / she knows the seal of

said corporation, that one of the seals affixed to said instrument is such seal; that it was so affixed by order of

the directors of said corporation, and that he / she signed his / her name thereto by like order.

.............................…………………………………..

Notary Public

EJCDC C-610


Page 1 of 3

CONSTRUCTION PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):


CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause

this Payment Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:



Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

EJCDC C-610


Page 2 of 3

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by

reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to

participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that

Owner is considering declaring a Contractor Default and has requested and attempted to arrange a

conference with Contractor and Surety to be held not later than 15 days after receipt of such notice

to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor

shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive

Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete

the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor

and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract; or

2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense,

take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract

for performance and completion of the Contract, arrange for a contract to be prepared for execution

by Owner and contractor selected with Owner’s concurrence, to be secured with performance and

payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and

pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the

Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and

with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as

practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be

deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to

Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce

any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the

payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be

entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under

Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those

of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those

of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner

of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated

without duplication for:

EJCDC C-610


Page 3 of 3

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and

5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages

caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such

unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner

or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related

subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent

jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within

two years after Contractor Default or within two years after Contractor ceased working or within two years

after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the

provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to

sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature

page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the

Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be

deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed

incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common

law bond.

11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the

Contract after all proper adjustments have been made, including allowance to Contractor of any

amounts received or to be received by Owner in settlement of insurance or other Claims for

damages to which Contractor is entitled, reduced by all valid and proper payments made to or on

behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page,

including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform

or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor

as required by the Contract or to perform and complete or otherwise comply with the other terms

thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other party):

EJCDC C-610


Page 1 of 3

CONSTRUCTION PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):


CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location):

BOND

Bond Number:

Date (Not earlier than Effective Date of

Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause

this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:



Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

EJCDC C-610


Page 2 of 3

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,

successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by

reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to

participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that

Owner is considering declaring a Contractor Default and has requested and attempted to arrange a

conference with Contractor and Surety to be held not later than 15 days after receipt of such notice

to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor

shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive

Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete

the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor

and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract; or

2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense,

take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract

for performance and completion of the Contract, arrange for a contract to be prepared for execution

by Owner and contractor selected with Owner’s concurrence, to be secured with performance and

payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and

pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the

Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and

with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as

practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be

deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to

Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce

any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the

payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be

entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under

Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those

of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those

of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner

of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated

without duplication for:

EJCDC C-610


Page 3 of 3

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and

5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages

caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the

Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such

unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner

or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related

subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent

jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within

two years after Contractor Default or within two years after Contractor ceased working or within two years

after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the

provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to

sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature

page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the

Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be

deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed

incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common

law bond.

11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the

Contract after all proper adjustments have been made, including allowance to Contractor of any

amounts received or to be received by Owner in settlement of insurance or other Claims for

damages to which Contractor is entitled, reduced by all valid and proper payments made to or on

behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page,

including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform

or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor

as required by the Contract or to perform and complete or otherwise comply with the other terms

thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone)

Surety Agency or Broker:

Owner’s Representative (Engineer or other party):

REVISED JULY 2012

Appendix 12 – 1.15

EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

[SEE SECTION 102-11 OF THE

NEW YORK STATE DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS]

A-12

REVISED JULY 2012

Appendix 12 – 1.16

GOALS FOR MINORITY PARTICIPATION IN THE CONSTRUCTION INDUSTRY ____________________________________________________________________________

COUNTY % GOAL COUNTY % GOAL COUNTY % GOAL Albany 3.2 Herkimer 2.1 Richmond * Allegany 6.3 Jefferson 2.5 Rockland 22.6 Broome 1.1 Kings * St. Lawrence 2.5 Bronx * Lewis 2.5 Saratoga 3.2 Cattaraugus 6.3 Livingston 5.3 Schenectady 3.2 Cayuga 2.5 Madison 3.8 Schoharie 2.6 Chautauqua 6.3 Monroe 5.3 Schuyler 1.2 Chemung 2.2 Montgomery 3.2 Seneca 5.9 Chenango 1.2 Nassau 5.8 Steuben 1.2 Clinton 2.6 New York * Suffolk 5.8 Columbia 2.6 Niagara 7.7 Sullivan 17.0 Cortland 2.5 Oneida 2.1 Tioga 1.1 Delaware 1.2 Onondaga 3.8 Tompkins 1.2 Dutchess 6.4 Ontario 5.3 Ulster 17.0 Erie 7.7 Orange 17.0 Warren 2.6 Essex 2.6 Orleans 5.3 Washington 2.6 Franklin 2.5 Oswego 3.8 Wayne 5.3 Fulton 2.6 Otsego 1.2 Westchester 22.6 Genesee 5.9 Putnam 22.6 Wyoming 6.3 Greene 2.6 Queens * Yates 5.9 Hamilton 2.6 Rensselaer 3.2

* The following goal ranges are applicable to the indicated trades in the Counties of Bronx, Kings, New York, Queens, and Richmond: Electricians...................................................................... 9.0 to 10.2 Carpenters......................................................................27.6 to 32.0 Steam Filters................................................................... 2.2 to 13.5 Metal Lathers..................................................................26.0 to 28.6 Operating Engineers.......................................................25.6 to 26.0 Plumbers.........................................................................12.0 to 14.5 Iron Workers (Structural)................................................25.9 to 32.0 Elevator Constructors.......................................................5.5 to 6.5 Bricklayers......................................................................13.4 to 15.5 Asbestos Workers...........................................................22.8 to 28.0 Roofers.............................................................................6.3 to 7.5 Iron Workers (Ornamental).............................................22.4 to 23.0 Cement Masons.............................................................23.0 to 27.0 Glaziers..........................................................................16.0 to 20.0 Plasterers.......................................................................15.8 to 18.0 Teamsters......................................................................22.0 to 22.5 Boilermakers..................................................................13.0 to 15.5 All Others.......................................................................16.4 to 17.5

GOALS FOR WOMEN Female Goals - 6.9%

Goals for the utilization of women by Federal and Federally assisted construction contractors were last published on April 7, 1978 (43 CFR 4988, 149000). That April 7, 1978 publication included a 6.9% goal for the period from April 1, 1980 until March 31, 1981. Pursuant to 41 CFR 60-4.6, the 6.9% goal for female utilization is extended until further notice

A-13

INCORPORATION OF NYSDOT

STANDARD SPECIFICATIONS

NYSDOT STANDARD SPECIFICATIONS

Except as modified herein, the current Edition of the Standard Specifications, Construction and

Materials (Section 100 and Sections 200-700) issued by the New York State Department of

Transportation, Office of Engineering, including all revisions and addenda issued by NYSDOT prior

to the date the Notice to Bidders is advertised, hereinafter referred to as the NYSDOT Standard

Specifications, shall govern the work to be done where referred to on the plans and in these

specifications. If a conflict exists between the NYSDOT Standard Specifications and these Contract

Documents, the NYSDOT Standard Specification shall govern except where amended by

requirements from the Governor’s Office for Storm Recovery (GOSR).

BASIC MODIFICATIONS

Where the NYSDOT is mentioned in any capacity (including, but not limited to, Department, State,

Commissioner of Transportation, DOT, or Director(s) of its subdivisions) as an approving authority

with regard to materials, fabrication, inspections or other approvals, the approving authority shall be

changed to the OWNER. This change shall be made in all of the documents pertaining to this

contract.

Unless otherwise described in the Contract Documents, neither the State of New York nor the

NYSDOT are parties to this agreement.

Where the Deputy Chief Engineer (DCE) for any department is mentioned as an approving

authority, the approving authority shall be changed to the “Engineer of Record” defined as the

Engineer that has signed and sealed construction plans and specifications.

In the Materials subheadings of the Technical Specifications of the contract documents and the latest

edition of the NYSDOT Standard Specifications, the following shall apply:

Any references to materials testing by the Department or its representative shall be interpreted to

mean by the Contractor, the Owner or its representative. This interpretation also applies to any

testing or sampling to be obtained in the presence of a Department representative.

Any reference to NYSDOT Standard Specifications is limited in scope to technical engineering and

construction work, materials, details, procedures, etc. All references to the State or the NYSDOT or

administrative officers or employees thereof are null and void with respect to legal or contractual

responsibilities.

SS-1

EJCDC C-941 Change Order

Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.

Change Order

No.

Date of Issuance: Effective Date:

Project:

Owner:

Owner's Contract No.:

Contract:

Date of Contract:

Contractor:

Engineer's Project No.:

The Contract Documents are modified as follows upon execution of this Change Order:

Description:

Attachments (list documents supporting change):

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:

Original Contract Price: Original Contract Times: Working days Calendar days

Substantial completion (days or date):

$ Ready for final payment (days or date):

[Increase] [Decrease] from previously approved

Change Orders No. to No. : [Increase] [Decrease] from previously approved Change Orders

No. to No. :

Substantial completion (days):

$ Ready for final payment (days):

Contract Price prior to this Change Order: Contract Times prior to this Change Order:



[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:



Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:


$ Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By: Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)

Date: Date: Date:

Approved by Funding Agency (if applicable):

____________________________________________________________

Date:

EJCDC C-510 Notice of Award


Notice of Award

Date: __________________

Project:

Owner: Owner's Contract No.:

Contract: Engineer's Project No.:

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated for the above Contract has been considered. You are the Successful

Bidder and are awarded a Contract to provide a new roadway pavement section, center median/left-turn lane,

two new traffic signal systems, improved drainage systems, improved pedestrian and bicyclist accommodations,

new mid-block pedestrian crossing with raised pedestrian refuge island, new pedestrian scale street lighting and

improved landscaping including new street trees.

The Contract Price of your Contract is Dollars ($ ).

2 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

2 sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within 15 days of the date you receive this

Notice of Award.

1. Deliver to the Owner 6 fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the

Instructions to Bidders, General Conditions (Paragraph 5.01), and Supplementary Conditions

(Paragraph SC-5.01).

3. Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider you in

default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed

counterpart of the Contract Documents.

Owner

By:

Authorized Signature

Title Copy to Engineer

EJCDC C-550 Notice to Proceed


Notice to Proceed

Date: _________________

Project:

Owner: Owner's Contract No.:

Contract: Engineer's Project No.:

Contractor:

Contractor's Address: [send Certified Mail, Return Receipt Requested]

You are notified that the Contract Times under the above Contract will commence to run

on . On or before that date, you are to start performing your obligations under the Contract

Documents. In accordance with Article 3 of the Agreement, the date of Substantial Completion is

November 30, 2014, and the date of readiness for final payment is December 31, 2015.

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions

provides that you and Owner must each deliver to the other (with copies to Engineer and other

identified additional insured and loss payees) certificates of insurance which each is required to

purchase and maintain in accordance with the Contract Documents.

Also, before you may start any Work at the Site, you must:

__________________________________ [add other requirements].

Owner

Given by:

Authorized Signature

Title

Date

Copy to Engineer

Technical Specifications

GENERAL SPECIAL NOTES


A. EXISTING PRIVATE PROPERTY MARKERS:

The Contractor’s attention is directed to the fact that any existing iron pins, stakes, survey monuments

or other markers defining property lines which may be disturbed during construction, shall be

properly tied into fixed reference points before being disturbed and accurately reestablished to their

proper position upon completion of the work.

The cost of survey to tie and reestablish property marker locations shall be included in the lump sum

price bid for item 625.01 – Survey and Stakeout.

B. ITEM 625.01 – SURVEY AND STAKEOUT

In addition to the proposed work required under Item 625.01 – Survey and Stakeout, the Contractor

may also be required to provide for the specific layout of curblines, sidewalks, drainlines, and

existing and proposed roadway boundaries for use by the utility companies performing utility

relocations within the Contract limits. The price bid for Item 625.01 – Survey and Stakeout, shall

include all work necessary for the survey and stakeout required for any utility relocations.

C. COORDINATION WITH EMERGENCY RESPONSE SERVICES:

The State Police, Schoharie County Sheriff’s Department, Fire Departments and Ambulance units

servicing this area shall be given a minimum of two (2) weeks advance notice of changes in all traffic

patterns, including lane closures, necessary to meet construction requirements. Such other agencies

including school districts, disaster relief, etc. shall be notified by published notice prior to the

inception of any changes in the traffic patterns. The Contractor shall notify the Engineer in a timely

manner of any changes in the traffic patterns so the Engineer can make advance notifications.

D. COORDINATION WITH OTHER CONSTRUCTION CONTRACTS

The Contractor shall be aware of any other construction contracts within the area which may be

occurring along Town, County or State highways. The Engineer will maintain contact those projects.

The Engineer shall coordinate closures between the projects. If the Engineer deems it necessary to

suspend work at various times due to traffic issues the Contractor shall comply. Any cost due to work

modifications shall be included in other items of work.

E. CONTRACTOR SUBMITTALS

The Contractor shall include a Letter of Transmittal, which includes an uniquely identifiable

transmittal number for each transmittal being sent, on all submittals to the County or County’s

Engineer. All shop drawing transmittals shall also carry a uniquely identifiable transmittal number

and letter from the Contractor.

F. MATERIAL STOCKPILES

The Contractor shall not stockpile earth or other materials in a manner conducive to erosion, or in

areas likely to cause high turbidity runoff during storm events. All exposed soils shall be re-vegetated

in a timely manner to further reduce potential erosion effects.

GENERAL SPECIAL NOTES


G. MATERIAL DISPOSAL

The Contractor is advised there are no disposal sites within the project available for disposal of excess

material. The Contractor shall remove all excess material from the site. Any material stockpiled

awaiting disposal shall be stockpiled in upland areas, and be suitably stabilized so that it cannot re-

enter any waterway or wetland.

H. EROSION CONTROL DEVICES

The Contractor shall ensure that all synthetic erosion control devices, which are intended for

temporary use during construction, are completely removed and properly disposed of after site

stabilization has occurred. Only natural fiber materials, which will degrade over time, may be used as

permanent measures, or if used temporally, may be abandoned in place.

US CUSTOMARY FUEL PRICE ADJUSTMENT

EB 07-019 Page 1 of 1 L 09/06/07

FUEL PRICE ADJUSTMENT USAGE FACTORS

MATERIAL DESCRIPTION USAGE FACTOR * ITEM NUMBER

Excavation & Embankment 0.45 gal/yd3 203.05, 203.06, 203.07, 203.08, 203.20, 203.21 and 203.25

Excavation 0.35 gal/yd3 203.02 Embankment 0.10 gal/yd3 203.03 Controlled Low Strength Material 1.00 gal/yd3 204.01, 204.02

Structure/Trench/Culvert Excavation 0.50 gal/yd3 206.01, 206.02, and 206.04 Bituminous Stabilized Course 1.40 gal/yd3 302.01 Subbase Course 1.00 gal/yd3 All 304 Items Hot Mix Asphalt 2.50 gal/ton 402 Items and 608.02xx RR Production Cold Milling 0.10 gal/yd2 All 490 Items

Portland Cement Concrete Pavement 1.00 gal/yd3 502 Items Footing Concrete & Concrete for Structures - All classes (A, F, G, HP, etc.)

1.00 gal/yd3 555.xx

Approach Slabs and Structural Slabs with bottom formwork 0.25 gal/yd2 557.xx

Structural Slabs - no bottom formwork 0.15 gal/yd2 557.xx Class D Concrete 0.05 gal/yd2 557.13 Topsoil 0.10 gal/yd3 613.02, 613.03 Notes: 1. In accordance with the specification, the index value for the fuel price adjustment is the average posted price for the month of bid letting. 2. Quality Adjustment Items (402/502/608) are not eligible for fuel price adjustment. * Item Number: This is the contract pay item number (M is omitted in the table) under which these materials are most frequently paid. Unless indicated otherwise, materials similar to those indicated under the column entitled “Material Description” are also eligible for adjustment using the factor listed for a similar material with the same pay units regardless of the actual contract pay item number. Contact the Regional Materials Engineer with any questions regarding applicability of contract pay items that are not listed. t = metric ton = 1,000 kg

SPECIAL NOTES

QA FOR PROJECTS ON THE STATE OR NATIONAL HIGHWAY SYSTEM

1. The contractor understands and agrees the inspection and approval of materials to be used on this

project will be performed by NYSDOT.

2. When the contractor receives direction from NYSDOT regarding the approval/rejection of

materials such as hot mix asphalt, Portland cement concrete, structural steel, concrete structural

elements and/or components, the contractor understands the decision is final and will accept it as

such.

3. The contractor will not allow off-site materials subject to the inspection and approval of

NYSDOT to be shipped to the project site prior to receiving authorization from NYSDOT.

4. As soon after award as practicable, and prior to the pre-construction conference, the contractor

shall provide the following information to the Sponsor and NYSDOT Regional Local Project

Liaison.

A. The name and address of each manufacturer of all materials and portions thereof

requiring off-site quality assurance in accordance with NYSDOT’s specifications to be

used in this project.

B. The name and address of each fabricator fabricating structural steel items or any portion

thereof to be used in this project.

C. The name and address of each fabricator manufacturing structural concrete items or any

portion thereof to be used in this project.

5. The contractor agrees that it and its subcontractors and suppliers will only acquire materials for

this project through NYSDOT-approved manufacturing, batching and fabrication facilities.

SPECIAL NOTE

EMERGENCY CONTACTS

The Contractor shall employ, for the duration of the Contract a telephone answering service to meet the

requirements stated in Section 107-05 of the Standard Specifications.

The answering service shall be equipped to receive calls on a 24-hour basis and promptly contact

Contractor personnel with the authority and capacity to mobilize forces to respond to an emergency.

The following action shall be taken after an emergency call is received.

A. During Normal Work Hours:

1. The Contractor’s responsible person shall respond to the person or agency that initiated the call

within 20 minutes from the time the answering service received the call.

2. Immediately following the return call to the initiator, he should contact the Engineer advising of

the situation and what action he plans to take. If the Engineer is not reachable at the Project Field

Office, he should leave a message on the Engineer’s answering machine and contact the County

Department of Public Works at (518) 295-2330 with the same information.

3. The Contractor shall respond to the emergency and make the follow-up confirmatory calls as

directed by the Engineer or the County Department of Public Works.

B. During Non-Working Hours:

1. The Contractor’s responsible person shall respond to the person or agency that initiated the call

within 20 minutes from the time his answering service received the call. If the call initiated from

a person or agency other than the County Department of Public Works, immediately notify the

Engineer of the situation and the action he plans to take by contacting Greenman-Pedersen, Inc. at

(518) 453-9431 and leave a message.

2. If work is required at the project site, the Contractor’s responsible person shall be at the site within

one hour from the time of the initiator’s original call.

3. Follow-up call within two hours of the original call shall be made to the original caller, the County

Department of Public Works and to Greenman-Pedersen, Inc. advising the status of the

emergency and the actions taken. At the same time, a message shall be left on the Engineer’s

field office answering machine with the same information.

SPECIAL NOTE

SUBLETTING OR ASSIGNING THE CONTRACT

New York State Department of Transportation Standard Specifications Section 108-05, Subletting of

Assigning the Contract, states “The Contractor shall perform, with its own organization, contract work

amounting to not less than 50 percent of the total contract bid price. The amount for any items designated

as "Specialty Items" will be deducted from the original total contract bid price before computing the

amount of work required to be performed by the Contractor with its own organization. The amount

subcontracted will be computed based on contract pay item bid prices, except where a subcontractor is

identified as performing less than the full scope of an item.

• "Its own organization" shall be construed to include only workers employed and paid directly by

the Contractor and equipment owned or rented by it, with or without operators.

• "Specialty Items" shall be construed to be limited to work that requires specialized knowledge,

craftsmanship or equipment not ordinarily available in contracting organizations qualified to bid

on the contract as a whole.

The following list of “Specialty Items” is items of work that require special skills that are not typical of

bridge construction contracts in New York State:

ITEM NUMBER ITEM DESCRIPTIONS

559.020201 09 INSECTICIDE/FUNGICIDE AND FIRE RETARDANT COATING OF NEW

TIMBER STRUCTURE

594.010001 09 COVERED BRIDGE TIMBER AND LUMBER

594.040002 09 TEMPORARY SUPPORT SYSTEM FOR COVERED BRIDGE

The Contractor is responsible for all work performed by Subcontractors, Truckers, Manufacturers,

Fabricators, Material Suppliers, Services and any other parties in the performance of the contract, per the

requirements of New York State Department of Transportation Standard Specifications Section 108-05.

SPECIAL NOTE

ITEM 637.34 - OFFICE TECHNOLOGY AND SUPPLIES

TECHNICAL REQUIREMENTS

1

The following office technology supplies shall be provided as part of the initial setup of the

Engineer’s Office (additional supplies will be required to be provided over the duration of

the construction contract):

Note: If a specification is followed by "(minimum)" then the stated requirement or better is

acceptable. Otherwise, only the stated requirement is acceptable. For accessories proceeded

by "(*)", the Contractor shall replenish these items as required by the Engineer and be of a

type, size, quality, and capacity acceptable to the Engineer. These items shall remain the

property of the County.

Laptop Computer - Quantity: 2 EA

Description:

This work shall consist of providing a new current model, fully operational semi rugged,

outdoor viewable design laptop computer system, which shall remain the property of the Owner

upon completion of the work. (The following describes a Panasonic TOUGHBOOK 53)

Materials:

The system shall include all the components, peripherals, software, and accessories specified for

a laptop computer system as follows:

Computer

The supplied computer(s) shall meet the following minimum requirements: • Operating System - Windows 7 Professional, 64 bit

• Processor – Intel Core i7-4310U, 2.0GHz

• Memory – 8.0 GB, DDR3L-1600 MHz, SDRAM

• Hard Drive – Internal 256 GB (7200 rpm) Solid State

DVD+/-RW with Roxio and Cyberlink Power

• Internal English Backlit Keyboard

• Primary Battery – 6 cell (60Wh) Lithium Ion Battery

• Display Screen – 14" High Definition (720) LED (1366 x 768),

(Outdoor Viewable)

• Graphics – Intel QN77

• 90 W A/C Adapter (3-pin)

• Wireless LAN (802.11) – Intel Centrino Advanced-N 6205 802.11 a/b/g/n

• Sound – High quality speakers

• MIL-STD 810 G-tested for shock, vibration, humidity and altitude

• Ethernet Card

• 4 USB ports, 1 serial port, and 1 printer port (minimum)

Software

SPECIAL NOTE



2

General Notes:

1. For software versions followed by an "*", supply the most current version.

2. All required software is to be preloaded onto the computer. The original licensed

CD’s for each software application are to be provided.

Type of Software NYSDOT Requirement/Standard

• Office Suite …………………………Office Professional 2010 (Microsoft)

• Portable Document (.pdf) ……….….Adobe Standard

• Virus Definition Updates ………….. For the virus protection software, it is required

to maintain the virus definitions for the

duration of contract; this typically requires a

service subscription for the updates after the first

year.

• CD Creator ………………………… Easy CD & DVD Creator 9* (Roxio)

Computer Peripherals

Provide one set of the following accessories per computer (desktop or portable):

• Surge protector - 6 power outlets, 1 Network outlet (minimum)

• Additional Hardware – 90W Auto/Air DC Travel Adapter

• Seagate 3 TB USB 2.0 Free Agent Go Flex Desk External Drive, w/ back-up scheduler

software

• Carry bag

• Extra Battery: 9-cell (90Wh) Lithium Ion high capacity

• Compact optical mouse:

o Connectivity - Wired

o USB Interface

o Scrolling wheel

• Mouse pad

• Mobile hotspot with wireless service plan for duration of contract

Multifunction Machine - Quantity: 1 EA

This item shall include all the components, peripherals, software, and accessories specified as

follows:

MULTIFUNCTIONMACHINE (Describes an HP 7612 Wide Format e-All-in-One

(G1X85A#B1H)

• Black/white/Color Inkjet Multifunction Printer

• Print/Copy/Scan/Fax

• Duplex printing for creating two sided documents up to 11 in x 17 in

• Resolution – 6,000 x 1,200 dpi

• Scans and prints up to 11 in. x 17 in.

• Wireless and Ethernet Interface

• Energy Star Qualified

SPECIAL NOTE



3

• Paper tray holds up to 250 sheets of paper

• Single sheet bypass tray

• Media card slots and USB flash memory drive

• USB direct Interface

• Windows printer drive compatibility

• Manuals and setup guide

• Must be stand-alone and network ready (Note: the Engineer can waive the ‘network

ready’ requirement if the multifunction machine will not be connected to a network.)

ACCESSORIES

• Cable to connect the printer to a computer or network

Digital Camera - Quantity: 1 EA

This item shall include all the components, peripherals, software, and accessories specified

as follows:

DIGITALCAMERA

• Optical Zoom - 3X Optical Zoom Lens (minimum) [Note: digital zoom is not the same

as optical zoom]

• Image Size – 2 Megapixel (1600 x 1200 pixel resolution capability) (minimum)

• Flash - Built-In, Intelligent (Auto/On/Off) (minimum)

• Time Stamp: Date & Time (minimum)

• Recording Media Slot – Must function with a commercially available removable

memory card (CompactFlash, SmartMedia, Secure Digital, etc.) or other Engineer

approved alternative.

• Viewfinder - Minimum 45 mm (1.8") diagonal

ACCESSORIES

• (*) Recording Media– Two 64 MB memory cards (CompactFlash, SmartMedia,

Secure Digital, etc.) or other Engineer approved equivalent alternative (minimum)

• (*) Batteries - Two sets of rechargeable batteries, minimum 50 minute usable charge

per battery set (minimum) [Recommendation: Lithium or NiMH batteries]

• Battery Charger Unit

• All cables, hardware, and software necessary to transfer the image files to a computer.

• Carry Case

• Lens Cap (if applicable)

Data Storage Media

Χ (*) 20 writeable CDs (CD-R) (minimum)

Χ (*) 50 rewriteable CDs (CD-RW) (minimum)

Χ (*) 1 USB Flash drive

Χ (*) Data media storage containers as follows:

< 1 container for 20 CDs, with locking capability (minimum)

SPECIAL NOTE



4

Printer Supplies

• (*) 500 sheets of 8 ½" x 11", 20# bond weight, letter quality paper (minimum)

• (*) 500 sheets of 11" x 17", 20# bond weight, letter quality paper (minimum)

• (*) 1 replacement printer cartridges for each color (minimum)

SPECIAL NOTE

CONTRACTOR PREQUALIFICATION REQUIREMENTS

Due to the specialized nature of the work, the Owner is requiring that all contractors submitting bids for

this project be prequalified. Only bids from prequalified contractors will be accepted. Contractors are

allowed to use subcontractors for the timber work associated with Item 594.010001 09 Covered Bridge

Timber and Lumber, however the timber subcontractor and prime contractor must be prequalified as a

team without substitutions after awarding of the contract.

The prequalified contractor’s identified foreman/superintendent must be present for all timber framing

operations and their employees must complete a minimum of 75% of the work associated with Item

594.010001 09 Covered Bridge Timber and Lumber. If a subcontractor is doing the timber work, the

subcontractor shall supply and have their identified foreman present for all timber framing operations and

their employees must complete a minimum of 75% of the work associated with Item 594.010001 09

Covered Bridge Timber and Lumber.

The Contractor shall submit the information listed below no later than three weeks before the bid date. If

a timber subcontractor is going to be doing the work, then the contractor and the timber subcontractor

shall combine and submit the information as a joint submission for the contracting team. The Owner,

with the assistance of the Engineer, will determine if these requirements are adequately met by the

contractor for the project and reserve the right to disqualify any or all applicants for prequalification on

the project. Notification of prequalification will be made no later than two weeks prior to the bid date.

In order to be prequalified, submissions must meet the following minimum requirements.

1. EXPERIENCE

Submissions must demonstrate the following experience:

A. Rehabilitation, repair or construction of two authentic covered wood bridges, each project

exceeding $200,000 in construction costs completed within the last fifteen years. Rehabilitation

or construction experience should include mortise and tenon joints, notched joints, lap or

laminated joints using trunnels, and replacement of existing members (rehabilitation and repair

projects only).

B. Experience and expertise in rigging, jacking and shoring of covered bridges, timber trusses, or

heavy post and beam construction.

C. Heavy timber carpentry skills including sawing, fitting, erection, framing, rigging and joinery

work.

D. A statement on how the prime contractor’s or timber subcontractor’s experience with

rehabilitating historic structures or constructing replacement structures, including covered

bridges, relates to this project.

2. STAFF AND EQUIPMENT

The submission shall demonstrate ability to supply sufficient staff, specialized tools and equipment and

the necessary to mobilize for the project, complete the work and demobilize within the contract times.

Supporting documentation shall include the resume of the foreman and/or superintendent responsible for

execution of the work on this project, detailing that person’s experience with historic and/or timber

structures. Omission of this prequalification document shall result in disqualification of the firm.

SPECIAL NOTES

ENVIROMENTAL PERMIT STIPULATIONS

NYSDEC RESTRICTIONS

The NYSDEC Article 15 Permit for Work in Navigable Waters was submitted for an amendment, but has

not been received at the time of this bid. The contractor shall note the following restrictions are assumed

to be included in the amended permit and applied to this project:

• Stream impacts from shoring towers are limited to the installation of six (6) piles;

• The piles shall be installed during low flow of water as much as is feasible;

• In-stream work shall be limited to that necessary for pile installation and removal, and as such,

the water below the work area shall remain as clear as the flowing water above the work site as

much as is possible;

• The stream shall be diverted around the piles during installation to limit sediment introduced into

flowing water, or, the pile locations shall be isolated from the stream to reduce turbid water, and

• The piles shall be removed from the stream as early as possible and the stream restored to its

original condition.

ACOE RESTRICTIONS

Any and all work in the Schoharie Creek below ordinary high water shall also abide by the general and

special conditions included in the Army Corps of Engineers Nationwide Permit that has been issued for

the project.

SPECIAL NOTES

GREEN CONSTRUCTION REQUIREMENTS

ULTRALOW SULFURDIESEL FUEL

In order to reduce diesel emissions, the Contractor shall use Ultra Low Sulfur Diesel (ULSD)

fuel to operate all diesel engines used to complete the work that will operate for 10 hours or more

on the contract site. ULSD fuel requirements shall apply to:

• All diesel engines/equipment.

• Stationary and mobile equipment.

• Owned, leased and rented equipment.

The hours the piece of equipment is used to complete the work is defined as the actual time the

engine is running. The time may be continuous or discontinuous and includes warm-up periods

idling, in traffic periods, etc.

The term “Contractor” is intended to mean both Prime Contractors and Subcontractors.

Materials delivery vehicles not owned by the Contactor/Subcontractor are exempt from this

requirement, but should minimize idling time at construction sites when ever possible.

The Contractor will be notified when any diesel powered construction equipment is in noncompliance.

Non-compliance shall be corrected within a 24-hour period.

SPECIAL NOTES


CONTROLLING EXPOSURE TO DIESEL EXHAUST

The Contractor shall exercise measures to protect “Sensitive Receptors” from the impacts of

diesel exhaust fumes. Sensitive Receptors include, but are not limited to: hospitals, schools,

daycare facilities, building fresh air or ventilation intakes, elderly housing or convalescent

facilities. The Contractor shall ensure that diesel powered engines are located away from

building air conditioners and windows.

The goal is to minimize exposure of Sensitive Receptors in close proximity to diesel exhaust, in

terms of both concentration and time. In general, close proximity is defined as within 15 meters

of a Sensitive Receptor. Mitigation techniques include positioning stationary equipment exhausts

greater than 15 meters from Sensitive Receptors, extension of equipment exhausts through the

use of flexible tubing; protecting building air intakes; and the use of moving operations.

Idling time for diesel powered equipment shall be limited to three consecutive minutes for

Delivery and dump trucks and all other diesel powered equipment except as follows:

• When a “mobile source” (vehicle) is forced to remain motionless because of traffic

conditions or mechanical difficulties over which the operator has no control.

• When it is necessary to operate a loading, unloading or processing device.

• When the outdoor temperature is less than-3°C (27°F).

• When the “mobile source” is being repaired.

Arrow panels and portable variable message signs shall be solar powered wherever possible or

practical.

Whenever possible and practicable, the Contractor shall establish staging areas for diesel

powered vehicles waiting to load or unload materials at the work site. Such areas shall be

located where diesel emissions have the least impact on Sensitive Receptors and the general public.

SPECIAL NOTES


DUST CONTROL

The Contractor shall minimize dust from disturbed soil surfaces or other materials that can cause off-site

damage, health hazards and traffic safety problems. Dusty conditions resulting from the Contractor's

operations shall be corrected at no additional cost to the State. Buffer areas of vegetation should be left

where practical. Water quality shall be considered when selecting materials for dust control. An approved

dust palliative may be used in conformance with applicable conditions placed on its use. A list of

acceptable dust palliatives is available at: www.nysdot.gov/divisions/engineering/technical-services/geotechnical-engineering-bureau/dust-palliatives

For areas not subject to traffic, products and materials may be applied or placed on soil surfaces

to prevent airborne migration of soil particles, including:

• Vegetative Cover–provides the most practical method of dust control.

• Mulch (including rolled erosion control products)–provides a fast, effective method of

dust control.

• Spray Adhesives–Generally composed of polymers in a liquid or solid form mixed with

water to form an emulsion that is sprayed on the soil surface. The mixing ratios and

application rates will be in accordance with the manufacturer’s recommendations for the

specific soils on the site. Adhesives shall not be applied to wet soils or if there is a

probability of precipitation within 48 hours.

• For areas subject to traffic (traveling public or construction traffic) products and materials may

be applied or placed on soil surfaces to prevent airborne migration of soil particles, including:

• Water Sprinkling–The site may be sprayed with water until the surface is wet. This is

especially effective on haul roads and access routes.

• Polymer Additives–Polymers shall be mixed with water and applied to the driving

surface using mixing ratios and application rates in accordance with the manufacturer’s

recommendations. No application of the polymer will be made if there is a probability of

precipitation within 48 hours of its proposed use. Any polymers must be used in

accordance with the NYSDEC issued “Conditions for Use” and “Application

Instructions.” This information can be obtained from the NYSDEC website.

• Barriers–Woven geotextiles or stone can be placed on the driving surface to effectively

reduce dust throw and particle migration on haul roads.

• Windbreak–A silt fence or similar barrier can control air currents at horizontal intervals

equal to ten times the barrier height. Preserve existing vegetation that acts as a wind

barrier as much as practical.

• Wheel Washing–Mechanical or manual wet-method cleaning of on-road construction

vehicle tires prior to leaving site.

http://www.nysdot.gov/divisions/engineering/technical-services/geotechnical-engineering-bureau/dust-palliatives

1

SPECIAL SPECIFICATIONS:

The following items are special specifications:

Item Description

555.729500 10 ARCHITECTURAL TREATMENT VERTICAL STAINED CONCRETE

SURFACES

559.020201 09 INSECTICIDE/FUNGICIDE, FIRE RETARDANT COATING AND

STAINING OF NEW TIMBER STRUCTURE

594.010001 09 COVERED BRIDGE TIMBER AND LUMBER

594.040002 09 TEMPORARY SUPPORT SYSTEM FOR COVERED BRIDGE

607.650200 10 SPLIT RAIL FENCE

607.960000 01 WOODEN PEDESTRIAN RAILING

615.020401 24 REMOVE, STORE, AND RESET FLAGPOLE, TYPE 01

634.040003 09 STANDING SEAM METAL ROOF

661.010001 08 RE-ESTABLISHING ELECTRICAL SERVICE TO CUSTOMERS

ITEM 555.72950010 - ARCHITECTURAL TREATMENT VERTICAL STAINED CONCRETE SURFACES

Page 1 of 4 08/19/08E 07/29/04

DESCRIPTION This work shall consist of architecturally treating and staining the vertical surfaces of integrally colored concrete retaining walls, structures, pilasters, piers or other similar vertical surfaces with designated patterns and textures. All work shall be in accordance with these specifications and in reasonably close conformity to the lines, grades, patterns and textures shown on the plans. MATERIALS Form Liner and Rustication Strips. Commercially produced Form Liner and Rustication Strip shall meet the requirements of Section 555-3. The form liners and Rustication Strips shall:

1. Produce the patterns, textures and joints indicated on the plans. 2. Be composed of a material(s) that will not bond to concrete. 3. Be attachable to standard plywood, steel, or concrete forms, such that no distortions, or stray

markings occur within the concrete surfaces. 4. Be fabricated with care so that all strips are equal in cross-section so that the ends of the strips

can be matched during installation. Concrete. Concrete shall meet the requirements of Section 501 and 555 of the Standard Specifications except for the following. The class of concrete will be as specified elsewhere in the Contract Documents. Color Admixture. All concrete which is visible above the finished grade shall be integrally colored using pigment admixture, Federal color as noted on drawings and as approved by the Regional Landscape Architect. The color admixture for integrally colored concrete shall be certified by the manufacturer as meeting the requirements of ASTM 979, Standard Specifications for Pigments for Integrally Colored Concrete and be packaged such that one dose is the proper dosage for one cubic meter of concrete. Releasing Agents. If the form liner manufacturer requires the use of an agent to facilitate the release of the form liner panel from the concrete, or when its use is specified on the plans, such agent shall appear on the Departments Approved List – Form Coatings for Structural Concrete, be non-staining and evenly spread over the entire liner surface. Formwork shall also be treated as needed. Concrete Penetrating Stain. To unify minor variations in color, a concrete penetrating stain shall be applied in the field on all surfaces of the integrally colored concrete. The color of the concrete penetrating stain shall match the integrally colored concrete. The penetrating stain shall be a single component water-based thermoplastic acrylic emulsion which carries its color and water repellent protection into the concrete. The stain shall be delivered in original, sealed plastic pails clearly labeled with the manufacturer’s name and batch number of the material. The penetrating stain shall conform to the following performance requirements: PHYSICAL PROPERTIES CONDITION RESULTS TEST METHOD Dry-through time 25 minutes maximum ASTM D 1640


Page 2 of 4 08/19/08E 07/29/04

Dry-to-recoat time 1 hour maximum ASTM D 1640 Oil, Wax & Silicone Content None Adhesion to Concrete 200 lb/sq.in ASTM D 4541- (Average of 5 Tests) Elcometer Test Weather-Q-Meter Tests No Visible ASTM G 23-Atlas (500 Hours) Degradation Carbon Arc Solids by Weight 57% ± 2% Viscosity 70-75 KU ASTM D 562 The unpigmented, clear, non-volatile portion of the stain shall match the infrared spectrograph on file at the central laboratory. The penetrating concrete stain shall comply with New York State Laws regulating the use of volatile organic compounds and solvents. Caulking Compounds. When a caulking compound is required to seal any necessary concrete joints in the surface, such caulking compounds shall be color matched to the adjacent concrete and meet the material requirements of U.S. Federal Specification TT-S-00227E (COM-NBS) as a multi component, Class A, Type II sealant with ASTM C 920, Standard Specification for Elastomeric Joint Sealants as a Type M, Grade NS, Class 25 joint sealant for uses NT, A, M, and O. SUBMITTALS The Contractor shall submit the following for approval:

1. A separate 3ft x 3ft x 4 inch thick completely finished sample of integrally colored, stained concrete with form liner/rustication joint treatment shall be cast on-site using the methods, materials and finishes stated in this specification and on the plans for the approval of the Engineer and the Regional Landscape Architect. When approved, this sample shall be used as the standard for all Architecturally Treated Stained Concrete work on the project.

2. Form Liner and Rustication Strip samples with manufacturer’s specifications shall be submitted to the Regional Landscape Architect for approval.

3. Shop drawings of layouts for vertical stained concrete surfaces on retaining walls, abutment walls, parapets, piers and pier caps, including all dimensions and radii.

CONSTRUCTION DETAILS All provisions of Section 555-3 shall apply with the following modifications: To integrally color the concrete, use a color admixture dosage rate recommended by the manufacturer to achieve the Federal color as noted on drawings. This rate is to remain constant for all batches of concrete produced. Introduce color admixtures into the mixer drum in a manner recommended by the manufacturer. The quantity of concrete being delivered shall be no less than one-third the capacity of the mixer drum. Batch the concrete in full cubic meter increments. Once a portion of the batch has been placed, no additional mixing water shall be added to the remaining batch.


Page 3 of 4 08/19/08E 07/29/04

Special care shall be taken after installation to ensure that all form liner surfaces are thoroughly clean of all stray material of any nature. No concrete shall be placed prior to the Engineer’s inspection and approval of form liner surfaces. Approximately 5/64 in of the form liner panel shall overlap on either side of the formwork panel so that when the formwork sections are forced together, the form liners compress at the edges to form a tight joint. Joints between panels shall be sealed, taped or fused to form a watertight seam, according to the manufacturer’s instructions. Unless specified on the plans, texturing is not required on surfaces which will be below finished grade. Plastic snap tie cones are to be of the non-leaking type. Metal form ties are not to be placed closer than 1.5 inch to the interior surface. Construction joints shall extend to the full depth of the concrete at the locations shown on the plans. When construction joints are needed but are not shown on the plans, the Contractor and the Engineer shall agree on the proper locations of such joints so as not to detract from the appearance of the imprinted pattern and to minimize the possibilities of cracking. Unless otherwise directed by the Engineer, all horizontal and vertical construction joints and contraction joints shall be rusticated with the use of chamfer strips of the size indicated on the plans installed on the formwork. The rustication strips shall be carefully installed true to line and grade. The rustication strips shall be so installed as to leave a neat regular groove in the concrete at all construction joints, along the vertical and horizontal showing edges of contraction joints and at all exposed corners and edges of the concrete. When used to form the showing edge of construction joints or at the top edges of pours, the concrete shall be placed even with the top of the strip to provide a formed groove with the same dimensions as that of the strip. To avoid inclusion of dust and debris beneath chamfer strips located at construction joints, the strips at the bottom of the form shall not be positioned until the joint surface has been washed or blown clean of all debris and accepted by the Engineer. After formwork removal the Engineer will inspect architecturally patterned concrete surfaces. All such surfaces which do not exhibit the required architectural pattern shall be repaired in a manner satisfactory to the Engineer at no cost to the State. The repair shall match the concrete surface. Concrete repair material, if used, shall meet the requirements of Subsection 701-04, Concrete Repair Material of the Standard Specifications. Under Subsection 555-3.08, clear (fugitive dye) membrane curing compound shall not be used. Surfaces to receive the penetrating stain shall be structurally sound, fully cured, clean, dry and free from dust, curing agents, oil, grease, efflorescence and any other contaminants that could prevent proper adhesion. After the concrete has cured 28 days, power wash at a minimum of 2,900 lb/sq inch the surface of the area to receive stain. Sandblasting will not be permitted. Prior to use, the stain shall be thoroughly mixed using the appropriate mechanical means and shall be remixed during spraying operations as required to maintain uniformity. Penetrating stain shall be applied in strict accordance with the manufacturer’s written instructions and precautions. At the time of stain application, both the concrete and air temperatures must be between 45E F and 90E F. Stain shall not be applied unless weather conditions will permit complete drying of material prior to rain, fog, dew or temperatures beyond the prescribed limits.


Page 4 of 4 08/19/08E 07/29/04

The penetrating concrete stain shall be spray applied using conventional or airless spray. The stain shall be applied in two thin coats providing a uniform appearance. The first coat must be applied to become tack free before the second coat is applied. The final coat shall be consistent with the quality and appearance of the approved sample area. The rate of applications shall be in accordance with the manufacturer’s recommendations. Area of coverage may vary depending on absorption rates of the various surface materials and textures. Stain may be brushed or roller applied only at locations where overspray would affect adjacent materials and where not practical for spray application. Adequate protection shall be provided to protect adjacent persons, vehicles and property from overspray during staining operations. Prior to any staining operations, the Contractor shall be required to complete a test staining program for color acceptance and surface area coverage. This work shall be performed on a portion of the erected structure, location of which to be determined by the Engineer. The Contractor shall apply stain to one complete section of the structure, which, when approved, shall serve as a standard of acceptance for all further work. The completed stain surfaces shall be consistent with the quality and appearance of the approved sample area. If unevenness in color, lines or the work termination, etc. exist, the Engineer may have all such surfaces resprayed at the Contractor’s’s expense. Respraying, if required, shall be carried to a natural break-off point. METHOD OF MEASUREMENT Architectural Treatment Vertical Stained Concrete Surfaces will be measured by the number of square feet of concrete treated to the satisfaction of the Engineer. The quantity will be as computed from payment lines shown on the plans or as established by the Engineer in writing. Measurement will be taken as the vertical plane projection of the treated location. No measurement will be taken of actual concrete surfaces. BASIS OF PAYMENT The unit price bid per square foot shall include the cost of the form liners, rustication strips, color admixture, concrete penetrating stain, releasing agent, caulking compound, concrete repair material and all other materials, equipment and labor necessary to complete the work as specified, as well as the cost associated with all submittals and samples required. Structural concrete will be paid for separately.

Page 1 of 5 September 2016

ITEM 559.020201 09 – INSECTICIDE/FUNGICIDE, FIRE RETARDANT COATING

AND STAINING OF NEW TIMBER STRUCTURE

DESCRIPTION

This work shall consist of the field cleaning and coating of existing and new timber members of

a new timber bridge with insecticide/fungicide, fire retardant coatings and a protective stain.

MATERIALS

A. Fire Retardant

Fire retardant coatings for interior and exterior applications shall be non-toxic, non-hazardous

and water-based solutions passing ASTM E 84/NFPA 255/UL 723 “Standard Test Method for

Surface Burning Characteristics of Burning Materials”.

The following fire retardant coatings, or equal as approved by the Engineer, are approved for

use.

Product Manufacturer Distributor

Coating #1

Nochar Fire Preventer

(NFP) Penetrant

(Clear)

Nochar

8650 Commerce Park Place

Indianapolis, IN 46264

Tel: (317) 613-3046

Fax: N/A

Crestline Industries

11436-B Cronridge Drive

Owings Mills, MD 21117

Tel: (410) 764-2444

Fax: N/A

Coating #2

Andek Polaseal E.F.M.

Fire Retardant/Sealer

(Clear)

Andek Corporation

850 Glen Ave, PO Box 392

Moorestown, NJ 08057-039

Tel: (856) 786-6900

Fax: (856) 786-0580




Tel: (410) 764-2444

Fax: N/A

Coating #3

Andek Polaprime 2

Primer

Andek Corporation



Tel: (856) 786-6900

Fax: (856) 786-0580




Tel: (410) 764-2444

Fax: N/A

Coating #4

Andek Firegard Fire

Retardant Paint

Andek Corporation



Tel: (856) 786-6900

Fax: (856) 786-0580




Tel: (410) 764-2444

Fax: N/A

The supplier of the fire retardant coating #1 will provide a 30-year warranty in writing. The

supplier of the fire retardant coatings #2, #3 and #4 will provide a 5-year warranty in writing.


B. Insecticide/Fungicide

Insecticide/fungicide coatings for interior applications shall be water/glycol-based solutions per

the manufacturer’s specifications.

The following insecticide/fungicide coatings, or equal as approved by the Engineer, are approved

for use.


Bora-Care Nisus Corp

100 Nisus Dr.

Rockford, TN 37853

Tel: (800) 264-0870

Fax: (865) 577-5825

Univar

155-C New Boston St.

Woburn, MA 01801

Tel: (978) 193-93150

Fax: N/A

Shell-Guard Perma-Chink Systems, Inc

1605 Prosser Rd

Knoxville, TN 37914

Tel: (800) 548-3554

Fax: (865) 523-9475

Perma-Chink Systems, Inc.

17635 NE 67th Ct.

Redmond, WA 98052

Tel: N/A

Fax: N/A

C. Protective Stain

Wood stain for siding shall be oil based and rated for exterior use. Stains shall not contain any

sealers or water repellents.

The following stains, or equal as approved by the Engineer, are approved for use.


Coating #5

Minwax Gel Stain

Minwax Company

10 Mountain View Road

Upper Saddle River, NJ 07458

Tel: 800-523-9299

Fax: N/A

Minwax Company

10 Mountain View Road

Upper Saddle River, NJ

07458

Tel: 800-523-9299

Fax: N/A

CONSTRUCTION REQUIREMENTS

A. Application

Prior to application of protective coatings, the Contractor shall determine if a timber surface is

sealed or unsealed to verify the coatings specified below. Usually a painted or preservative

treated finish surface is considered sealed and a natural bare surface is considered unsealed. All

faces of the existing bridge members shall be coated in the following manner:

Insecticide/fungicide coatings shall be applied first and allowed to dry prior to applying fire


retardant coatings.

The insecticide/fungicide and fire retardant coatings shall be applied in accordance with the manufacturer’s

recommendations. Coatings shall be applied to all bridge members following installation in the bridge or

alternatively can be applied prior to installation. All field cuts shall be retreated as required.

The coatings shall not be subjected to freezing temperatures prior to curing.

It is mandatory that the Contractor obtain the services of a qualified technical advisor employed by the coating

manufacturer to make at least one site visit at the start of the work to assist the Contractor and to verify the

proper application of the coatings, or the applicator shall be trained and certified by the manufacturer as an

authorized applicator of the coatings. In the latter case, the applicator shall show documentation of training and

certification for the Engineer’s review and acceptance.

The applicator shall have on hand the product data sheets and materials safety data sheets for the coatings to be

used prior to performing any work.

All coating application shall be performed in a workmanlike manner, by experienced workers, in the manner

recommended by the coating manufacturer and to the satisfaction of the Engineer.

B. Insecticide/Fungicide Application

All interior unsealed natural (i.e. bare) timber surfaces (e.g. roof rafters and roof boards, truss chords and web

members, cross beams, upper lateral bracing, etc.) shall be cleaned and prepared as specified herein and shall

receive an application of specified material. Areas around joints shall be coated generously by spraying.

Insecticide/Fungicide coating shall not be applied to the deck.

C. Fire Retardant Application

Coating #1 is intended for unsealed interior surfaces not primary exposed to moisture and

sunlight.

All interior unsealed natural (i. e. bare) timber surfaces (e. g. roof rafters and roof boards, truss

chords and web members, decking, upper and lower bracing, etc.) shall be cleaned and prepared

as specified herein and shall receive one application of Coating #1.

Coating #2 is intended for unsealed exterior surfaces. All exterior unsealed natural (i.e. bare)

timber surfaces on the underside of the bridge (including truss chords, web members, and floor

beams), siding, siding returns, batten boards, trim boards and all decking shall be cleaned and

prepared as specified herein and shall receive one application of Coating #2. The siding

including end portals, trim boards, batten boards shall be stained with Coating #5 prior to being

treated with Coating #2.

Coating #3 is intended as a primer for sealed (not preservative treated) interior and exterior

surfaces and/or for bare surfaces that are to be sealed. Coating #4 is intended as a finish coating

for surfaces primed with Coating #3.

Coating #4 shall also be applied on pressure treated timber and in a color to closely match the


existing wood color.

All knots in siding to be painted with coatings #3 and #4 shall have 2 coats of an approved

coating designed to prevent bleed through of knots prior to the application of coatings #3 and #4.

D. Protective Stain Curing

Two coats of Coating #5 shall be applied. Coating #5 shall be allowed to cure for a period not

shorter than 30 days, or per the manufacturer’s recommendations, prior to applying Coating #2.

If beading or blotching of Coating #2 is observed during application over Coating #5, then the

siding shall be cured for an additional 7 days prior to the application of coating #2.

E. Surface Preparation

All timber surfaces shall be clean, dry and free from all dirt, dust, oils and other foreign

contamination that would adversely affect the adhesion, performance, or appearance of the

coatings. Solvent cleaning shall be used as necessary to remove oils or waxes, followed by a

water rinse. Spent debris shall be collected. Cleaning and surface preparation shall meet the

recommendation of the coating manufacturer. Alternate methods of cleaning, surface

preparation and collection of debris may be proposed.

F. Seasonal Limitations

Coatings shall not be applied when the air temperature is below 40°F or when the air is misty, or

when, in the opinion of the Engineer, conditions are otherwise unsatisfactory for the work.

Coatings shall not be applied upon damp or frosted surfaces.

Surfaces to be painted under cover shall have suitable temperature and humidity controls

provided in damp or cold weather and shall remain under cover until dry.

G. Environmental Protection

During cleaning and application of coatings, the Contractor shall provide appropriate measures

(such as suitable protective coverings) to protect the public, the bridge structure, substructure,

work area, river, etc. from coatings contamination and other damage due to the drippings,

spatter, and wind-blown particles of coatings, as well as from falling objects, etc. The Contractor

shall ensure that no coating is applied to the roof. The Contractor shall be fully responsible for

property damage or personal injury which may result from operations incidental to coating

application.

H. Waste Management

All rubbish, spent coatings debris, and refuse of any kind resulting from the work shall be

removed by the Contractor from the work area and adjoining premises upon completion of the

work. During the progress of the work, the area shall be kept clean and clear of debris and waste

material.

I. Siding Mock-up


A siding mock-up consisting of five siding and batten boards shall be stained brown with coating

#5 and treated with fire retardant Coating #2. The completed test section shall be left to weather

onsite for a minimum of three months prior to the scheduled installation date of any stained

timber. The contractor shall record the curing time of Coating #5.

METHOD OF MEASUREMENT

Insecticide/Fungicide, Fire Retardant Coating and Staining of New Timber Structure will be

measured on a lump sum basis.

BASIS OF PAYMENT

Insecticide/Fungicide, Fire Retardant Coating and Staining of New Timber Structure will be paid

for at the Contract unit price. Payment will be full compensation for all materials, labor,

equipment, siding mock-up and incidentals necessary to protect workers, the public, and the

environment from contamination due to construction operations performed under these

specifications.

Payment will be made under:

ITEM NO. ITEM DESCRIPTION PAY UNIT

559.020201 09 Insecticide/Fungicide, Fire Retardant Coating and

Staining of New Timber Structure.

Lump Sum

Page 1 of 1 August 2016

ITEM 594.010001 09 – COVERED BRIDGE TIMBER AND LUMBER

DESCRIPTION

This work shall consists of supplying the timber and lumber for the erection of the new covered

timber bridge.

MATERIALS

All materials to be used shall meet the requirements of Section 594 of the New York State

Department of Transportation Standard Specifications, except as noted in the Contract

Documents.


All construction requirements shall meet the requirements of Section 594 of the New York State

Department of Transportation Standard Specifications, except as noted in the Contract

Documents.


Covered Bridge Timber and Lumber will be measured as a Lump Sum in the completed work.

BASIS OF PAYMENT

The unit price bid per lump sum shall include the truss preloading as specified on the contract

plans and the cost of furnishing and installing all timber and lumber components as shown on the

contract documents, all spikes, nails, screws, timber connectors, bolts, nuts, trunnels, washers,

hardware, preservative treatment, and other required materials together with labor and equipment

necessary to complete the work.

Partial payments will be made as follows:

1. Payment for the cost of materials will be made when they are delivered to the contractor,

provided that the contractor’s insurance provides full replacement coverage at the

location where the material is stored (if not at the project site) and coverage during

transportation to the project site. Invoices from the material supplier and certificates of

compliance will be required for all such payments.

2. The first progress payment of up to 40% of the lump sum price will be made upon the

original delivery of the timbers to the project site, provided the materials are acceptable

and certified. Previous partial payments made under item 1 above will be subtracted

from this payment milestone.

3. The remaining payments will be paid on a periodic basis, up to 90% of the lump sum,

based on the progress of the work.

4. The final 10% of the lump sum will be paid when all shoring is removed and the bridge

framing is complete, self-standing and accepted by the owner.


ITEM NO. ITEM DESCRIPTION PAY ITEM

594.010001 09 Covered Bridge Timber and Lumber Lump Sum


ITEM 594.040002 09 – TEMPORARY SUPPORT SYSTEM FOR COVERED BRIDGE

DESCRIPTION

This work shall consists of the design, construction, and removal of Temporary Support System

for Covered Bridge as required for the erection of the new covered timber bridge.

MATERIALS

All materials to be used in the construction of the temporary support system for covered bridge

shall be subject to inspection and approval prior to their incorporation in the work. Used

materials will be acceptable, provided appropriate allowances are made for their condition.


A. General

Temporary support shall be designed in accordance with the NYSDOT Standard Specifications for

Highway Bridges, current AASHTO Standard Specifications for Highway Bridges, as amended and

AASHTO Design Specifications for Temporary Bridge Works, 1995, with current interims.

Temporary support system for covered bridge shall meet the minimum strength requirements to carry

all loads at stress levels not to exceed those allowed in the above specifications. Snow load, if

applicable, shall be in accordance with the Building Code of New York State, 2010 edition.

Detailed plans, showing sizes, arrangement and quality of the materials to be used in the construction

and calculations of the proposed temporary support system for covered bridge shall be stamped with

the seal of the Licensed Professional Engineer licensed in the State of New York, signed and submitted

for review and approval to the Engineer. Submittals shall also include an erection and removal plan

describing the method of construction proposed and the amount and character of equipment proposed.

The Engineer waives any and all responsibility for the structural adequacy of any or all shoring to

support the loads imposed.

Temporary supports in the river bottom will allowed within the limitations of the Excavation and Fill in

Navigable Waters Permit and Water Quality Certification. The allowed supports include three locations

of two steel piles (six piles total). The Contractor is responsible for obtaining any and all permits

required for additional impact areas due to construction means and methods. The support shall be

capable of supporting the entire structure as well as anticipated construction dead and live loading as

well as stream pressure and dynamic ice force per the current AASHTO Standard Specifications for

Highway Bridges and the NYSDOT LRFD Bridge Design Specifications. Any dismantling and re-

erection of the support system, or modifications to the support system to accommodate installation of

structural members will be included in the unit price at no additional cost.

Proposed camber shall be built into the truss members. Jacking, shoring and/or lifting of the

superstructure to achieve the required camber as shown on the plans is not permitted.

When the temporary support system for covered bridge is no longer required, it shall be completely

removed and the construction area restored to a condition equal to or better than that originally found.

B. Modular Prefabricated Panel Bridge Systems

For Modular Prefabricated Panel Bridge Systems, the Contractor shall submit, for approval by

the Engineer, a detailed proposed sequence of erecting and dismantling of the bridge


components. Plans shall be prepared and sealed by a Licensed Professional Engineer in the State

of New York with the assistance of the manufacturer of the bridge system. Plans must be

approved by the Engineer before construction is started.

For Modular Prefabricated Panel Bridge Systems, the Contractor shall have a representative from

the manufacturer of the bridge system present during all phases of the erection and dismantling

of the bridge components.

The Contractor shall maintain the bridge system until removal. The maintenance shall consist of

weekly joint inspections by the Engineer and the Contractor as to the condition of the bridge and

any repairs deemed necessary by the Engineer. The bridge system and its supports shall be

continuously monitored for unexpected movement, excessive deflection or support settlement.

C. Workmanship

Members damaged by the Contractor during maintenance or removal of the temporary support

system shall be replaced by an experienced Timber Framer and at the Contractor's expense.

When more than one Engineer is responsible for the design of separate components of the

temporary support system (i.e. substructure and superstructure), the Contractor shall make one

submittal for review and approval containing all portions of the support system for covered bridge.


Temporary Support System for Covered Bridge used during the rehabilitation work will be

measured as a unit.

BASIS OF PAYMENT

Payment for Temporary Support System for Covered Bridge will be full compensation for preparing

and submitting construction drawings, details, procedures, and calculations as specified, performing the

work specified including assuming all liability for the structure being shored and for all labor, tools,

equipment, materials, and incidentals necessary to complete the work. Payment will be made

periodically as follows:

1) When installation of the temporary support system is completed, 30% of the total bid

price for this system will be paid.

2) Periodic payments determined by the Engineer, based on the anticipated length of

shoring the covered bridge with the Temporary Support System for Covered Bridge

will be made up to 70% of the total bid price for this item.

3) Upon complete removal of the temporary support system, and after the affected areas are

returned to their original condition, the remaining portion of this bid item will be paid.

Protective structures, if required or ordered, will be subsidiary to Item 594.04000209 in

accordance with the contract documents.


ITEM NO. ITEM DESCRIPTION PAY ITEM

594.040002 09 Temporary Support System for Covered Bridge Lump Sum

ITEM 607.65020010 - SPLIT RAIL FENCE

12/10/08E 10/12/95

Page 1 of 1

DESCRIPTION

The Contractor shall furnish and install split rail fencing, including posts, rails and component parts, in accordancewith the plans, specifications, and directions of the Engineer.

MATERIALS

The fence shall be made of cedar, poplar, or locust. Both posts and rails shall be split, not round.

CONSTRUCTION DETAILS

All posts shall be set vertically and to the required grade and alignment.

Fence shall generally follow the contour of the ground. Grading shall be performed where necessary to provide aneat appearance.

Posts shall be spaced as shown on the plans or as directed by the Engineer.


Split rail fence will be measured as the number of feet, along the top of the fence, which are satisfactorily installedas shown on the plans or as ordered by the Engineer.

BASIS OF PAYMENT

The unit price bid per foot of split rail fence shall include the cost of furnishing all labor, materials, and equipmentnecessary to complete the work including excavation, backfilling, and regrading.

Page 1 of 2

ITEM 607.96000001 - WOODEN PEDESTRIAN RAILING DESCRIPTION: Under this item the contractor shall furnish and erect wooden pedestrian railing in accordance with the plans and specifications and directions of the Engineer. MATERIALS: The posts and rails shall be constructed of either redwood or red cedar. Redwood shall be Construction Heart Grade or better. Red cedar shall be Grade D Clear or better. All lumber shall be kiln dried to acceptable standards. All wood members shall be S4S lumber, with all exposed corners and faces free from damage, and slightly rounded or beveled to remove sharp edges. Preservative Treatment: the use of wood preservatives of any kind will not be allowed, other than wood stains as noted herein and approved by the Engineer. Stains shall be water-repellent. Volitile organic compound (VOC) content for stains shall be limited to 35 oz./gal.. All fasteners & hardware shall be No. 316 grade stainless steel. All wood screws shall be flat-head wood screws installed in pre-drilled holes with heads countersunk flush to the finished surface. Screw and pre-drill hole size shall be as shown on the plans. Crushed stone shall conform to Subsection 703-02, Coarse Aggregate, Size 2. Wood stain materials shall be approved by the Engineer. CONSTRUCTION DETAILS: The installation shall conform to applicable provisions of Subsection 606-3 except as otherwise herein specified. The Contractor shall construct the fence in accordance with the details shown in the contract documents and provide all incidental work to ensure that the fence is plumb, straight and true. The posts may not be driven but shall be installed in excavated holes. The bottom 12-inches of the excavated hole directly under each railing post shall be filled with compacted crushed stone prior to setting the posts. The post holes shall be completely backfilled and well-tamped with soil excavated from the holes with exception of large stones. The completed fence shall be stained with an opaque wood stain, the color of which shall be as specified by the Regional Landscape Architect, and approved by the Vermont Agency of Transportation Historic Preservation Officer. The Contractor shall provide samples of the proposed fence material with the final stain color and finish to the Regional Landscape Architect and VTrans SHPO for final approval prior to ordering materials.

Page 2 of 2

METHOD OF MEASUREMENT: The work will be measured as the number of linear feet of wooden pedestrian railing actually installed, measured along the top of the railing, center to center of end posts. No additional allowances shall be made for end or corner posts. BASIS OF PAYMENT: The unit price bid per linear foot shall include the cost of all labor, materials and equipment necessary to complete this work. Excavation, backfill, and crushed stone are included in the cost of this item.

ITEM 615.020XNN24 - REMOVE, STORE AND RESET LANDSCAPE

APPURTENANCES

Page 1 of 2 rev. March, 2015

DESCRIPTION

This work shall consist of removing, storing and resetting landscape appurtenances in

accordance with the contract documents and as directed by the Engineer. MATERIALS

The following sections of the standard specification shall apply:

Portland Cement Concrete – General 501-2

for all concrete foundations required, except that the requirements for inspection facilities,

automated batching control and recordation do not apply. The concrete shall be Class A concrete

for structures, unless otherwise specified. The batching, mixing and curing methods and the

inspection facilities shall meet the approval of the Department or its representative. The

Contractor may submit for approval a mix at least equivalent to the specified Class A concrete.

Incidental installation material may also include hardware, grout, silicone sealant or others.

Refer to the contract documents and any manufacturer's installation instructions for incidental

material(s) required to complete the re-setting of each landscape appurtenance. CONSTRUCTION DETAILS

Prior to removal:

The Contractor, as necessary and appropriate to the intent of resetting, shall sufficiently

document the current location and orientation(s) of the existing appurtenance(s). The

documentation shall ensure that the required reassembly (including footings) in the existing or

new location is accurate and consistent with the original assembly, unless otherwise noted in the

contract documents. Removal:

Existing landscape appurtenance(s) shall be removed from the location(s) indicated, and

according to specific instructions provided, in the contract documents. Removal shall be completed in a manner that prevents damage to the material, material

assembly, mounting infrastructure and/or hardware, as appropriate. If removing the existing

structural concrete is called for in the contract documents, the existing structural concrete or other

materials for footings shall be broken up and removed, and the affected portions of the appurtenances

carefully cleaned. Any damage to the landscape appurtenance that may result from the Contractor’s removal and

storage operations shall be repaired or the damaged components shall be replaced at no

additional cost to the State. Should the resultant damage be deemed irreparable, the Contractor

must replace the landscape appurtenance with one of comparable size, appearance and capacity

to the existing, as appropriate. Damaged landscape appurtenances requiring replacement, unless

otherwise specified, shall become the property of the Contractor and shall be removed from the

work site at no additional cost to the State.

ITEM 615.020XNN24 - REMOVE, STORE AND RESET LANDSCAPE

APPURTENANCES

Page 2 of 2 rev. March, 2015

Storage:

Landscape appurtenance(s) shall be stockpiled at an approved location, and/or as indicated in the

contract documents, with adequate provision for damage protection.

Resetting:

The landscape appurtenance(s) shall be reset at the location(s) and orientation(s) indicated in the

contract documents. All material, including footings, shall be reset according to the manufacturer’s installation

instructions and/or the contract documents and/or documentation by the Contractor prior to

removal, as appropriate. The landscape appurtenance shall be satisfactorily reset in a secure and

upright position. METHOD OF MEASUREMENT

This work will be measured as the number of each landscape appurtenance satisfactorily

removed, stored and reset. BASIS OF PAYMENT

The unit price bid per each landscape appurtenance removed, stored and reset shall include the

cost of furnishing all labor, materials, and equipment, including concrete footings, necessary to

satisfactorily complete the work.

Payment will be made under the following:

ITEM DESCRIPTION

615.02010124 Remove, Store and Reset Bench, Type 01



615.02020124 Remove, Store and Reset Trash Receptacle, Type 01



615.02030124 Remove, Store and Reset Planter, Type 01



615.02040124 Remove, Store and Reset Flagpole, Type 01



615.02050124 Remove, Store and Reset Boulder, Type 01



615.02060124 Remove, Store and Reset Landscape Appurtenance, Type 01




ITEM 634.04000309 – STANDING SEAM METAL ROOF

DESCRIPTION

This work shall consist of furnishing, fabricating, assembling, and erecting a painted metal roof

including all associated hardware required in conformity with the manufacturer's

recommendations and the details shown on the contract plans to ensure a watertight installation.

MATERIALS

Metal roofing shall be baked enamel, double lock standing seam metal roofing, galvanized steel

ASTM A446 Grade C G90 coating or aluminum, 24 gauge minimum thickness. The metal

roofing system shall meet U.L. 90 (Wind Uplift) and ASTM E331-86 (Water Infiltration). The

installer shall provide certificates of compliance for each specification.

Delivery of materials shall be made only when suitable facilities for storage and protection are

made available. Material must be protected from damage during transit and at the project site.

Storage should be in a dry environment to prevent water damage.

The ridge cap and trim shall be of the type(s) and size(s) as shown on the plans.

Fasteners shall be pancake head screws or other low profile fasteners with a minimum nominal

penetration length of 1" into the roof boards. A minimum ultimate pullout strength of 610

pounds is required.

Roofing underlayment shall meet the requirements of ASTM D 226 Type II. Woven

polypropylene fabric (UV stabilized) may be substituted for asphalt-saturated organic felt

provided that it is recommended by the manufacturer and meets the requirements of ASTM E96-

00.

Prior to fabrication, the contractor shall prepare and submit for approval field erection drawings

showing complete roofing layout and all details, including trim, flashing, ridge cap and fastening

and anchoring method.

Contractor shall provide manufacturer's color samples to the Engineer for approval. The

Engineer, in consultation with the Owner will determine which, if any, of the samples are

acceptable.

Copies of all manufacturers’ recommendations shall be provided to the Engineer prior to the

beginning of work.

Provide products coated with a paint system guaranteed for a period of 20 years. Provide

certificate of guarantee to Owner.

The paint system shall be guaranteed for 20 years against (1) any color change (fade) greater

than 6 NBS color units as measured per ASTM D2244-68, or (2) chalking in excess of a

numerical rating of 7 when rated per ASTM D659-74.


The metal roof shall not be installed until the bridge is in its final position, is not supported by

shoring, and all bridge members have been installed. Installation of the siding is not required


prior to the installation of the metal roof. The installer shall examine all substrates on which the

roof and accessories are to be applied and notify the Engineer of any perceived deficiencies.

The metal roof shall be installed in accordance with the recommended procedures of the roofing

manufacturer(s).

The installer shall have at least five years experience applying this type of roofing with

successful completion of projects of similar scope. The installer shall provide a list of all such

projects with a contact person and phone number if requested by the Engineer.

Install roofing underlayment over the roof boards per manufacturers recommendations. The

underlayment be tight with no sagging between supports. Lap all joints a minimum of 12 inches.

Roofing panels shall be installed using hold down clips fastened to every other roof board or at a

spacing per the manufacturer’s recommendations and loading requirements. Hold down clips

shall be installed according to manufacturer’s instructions. The entire installation shall be

erected straight and true in accordance with standard construction procedures. All surfaces of

the work shall be left in a clean condition.

The roof panels shall be fully interlocked for their entire length with its adjacent panel and

installed with no transverse seams. The panel shall not come in contact with any dissimilar

metals that will cause a harmful reaction between metals.

Care shall be taken during handling of panels to prevent bending, twisting, abrasion, scratching,

denting, etc. Only minor defects are to be touched-up in the field.


Furnishing and installing a Metal Roof will be measured in square feet of roof face area along

the roof slope.

BASIS OF PAYMENT

The accepted quantity of Meal Roofing will be paid for at the contract unit price per square foot,

which shall be full compensation for furnishing, transporting, handling, and placing the materials

specified, including the roofing panels, underlayment, fasteners, ridge cap and trim, and the

erection and removal of any necessary falsework, and the furnishing of all labor, tools,

equipment, materials and incidentals necessary to complete the work.

New roofing or underlayment that is damaged by the Contractor’s operations shall be replaced at

the Contractor’s expense.


ITEM NO. ITEM DESCRIPTION PAY UNIT

634.04000309 Standing Seam Metal Roof Square Feet

ITEM 661.0100NN08 - REESTABLISHING ELECTRICAL SERVICE TO CUSTOMERS

10/24/02

USC 1/19/11 1 of 2

DESCRIPTION: This work shall consist of reestablishing customer electrical service in kind and/or as required in accordance with the contract documents and as directed by the Engineer. MATERIALS: All electrical materials such as wiring, connections, etc. necessary to complete the work under this item shall meet the current requirements of the national electric safety code and the local requirements of the municipality, and underwriters approval where necessary, as well as the local power company requirements. All work shall be done by a Certified, New York State Licensed Electrician. CONSTRUCTION DETAILS: The contractor shall reestablish the electrical service, underground and/or in structures/buildings, as detailed in the contract documents and as directed by the engineer. Where excavation is necessary, the appropriate construction details specified for "Excavation & Embankment" in Subsection 203-3.01 through and including Subsections 203-3.12 & 203-3.15 and the requirements of "Legal Relations and Responsibility to Public" in Subsection 107 shall apply. If required, direct buried cable shall be placed on a bed of sand 6 inches deep and covered with 12 inches of sand. Additional backfill shall be suitable material A.O.B.E. The contractor shall be responsible at all times for carrying out all excavation and backfill operations in a safe and prudent manner so that workmen, the public, and adjacent public and private property will be protected from unreasonable hazard. All applicable local, State and/or Federal requirements shall be observed and necessary permits acquired by the contractor. When excavation is required for the installation of direct buried cable, the contractor shall notify the Engineer upon completion of the excavation. No conduit or cable shall be placed in the excavation until the Engineer and/or the utility involved has approved the depth and cross section. When the contractor in placing direct buried cable or utilities, excavates into lawns, parking areas, sidewalks, etc., the area will be restored to its original condition and/or as ordered by the Engineer. The provisions of Subsections 203-3.06 and/or 203-3.07 shall apply to all materials excavated and disposed of under this section which is not used as backfill. All cable installation work, under ground and within any structure(s), shall be done in accordance in all local codes and the latest requirements of the National Electric Code Handbook, to the satisfaction of the Engineer. Before work commences in reestablishing the service, the contractor shall consult with the customer regarding

ITEM 661.0100NN08 - REESTABLISHING ELECTRICAL SERVICE TO CUSTOMERS

10/24/02

USC 1/19/11 2 of 2

the time of reconnection to minimize the down time, and inconvenience to the customer. All electrical installation shall be performed by qualified workmen and in accordance with the applicable codes and rules. All work shall be inspected by the local inspector and/or by the utility involved, if required. METHOD OF MEASUREMENT: Reestablishing electrical service to customers will be measured for payment on a lump sum basis for work satisfactorily completed in accordance with the contract documents and as directed by the Engineer. BASIS OF PAYMENT: The lump sum price bid shall cover all labor, tools, equipment, materials, etc., involving all excavation, backfill and to replace any pavement, sidewalks, curbs, lawns, and other top surfaces as required to complete the work.