176226_pse_spc.pdf

Prepared By:

McFarland Johnson, Inc.

49 Court St., Suite 240 Binghamton, NY 13901

US CUSTOMARY UNITS

PIN: 1762.26

LD040823

FEDERAL AID PROJECT

Submitted in accordance with the Highway

Law and the Standard Specifications officially finalized and adopted on September 1, 2025 as posted on New York State Department of Transportation’s website.

Proposal Description:

Lock 8 Way over Bond Creek Bridge Superstructure Replacement, BIN 5525300 Town of Kingsbury, Washington County

Letting Time and Date: February 19, 2026

Letting Location:

Washington County Purchasing Department 383 Broadway, 2nd Floor, Room B240 Fort Edward, NY 12828

BOOK 1 OF 1

TABLE OF CONTENTS

PROPOSAL SECTION PAGE NO.

IMPORTANT BIDDER INFORMATION 1

SPONSOR ADVERTISEMENT 4

PROJECT TITLE SHEET (With Uniform Contracting Questionnaire Note) 7

SECTION 1 - CONTRACTOR’S BID PACKAGE CONTENTS 8

• DBE COMMITMENT (Appendix 12-10) 9

• APPENDIX 12-1 and APPENDIX 12-1A 10 o Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion o Certification Regarding use of Contract Funds for Lobbying 13 o False Claims Certification 14 o Non-Collusive Bidding Certification (SFL/GML) 15 o Non-Collusive Bidding Certification (49 CFR) 15 o Non-Collusive Bidding Certification – Bidder Information 16 o Reporting Violations of Non-Collusive Bidding Procedures 17 o New York State Office of the Inspector General Hotline 17 o Goals for Equal Employment Opportunity (EEO) Participation 18 o Required Contract Provisions Federal-Aid Construction Contract (FHWA-1273 – Revised May 1, 2012) o Combined Certification Form – By Executing this Document 46

• Standard Form LLL Disclosure of Lobbying 48

• Appendix 2-S Iran Divestment Act 49

• Appendix A Standard Clauses for New York State Contracts 50

• BID BOND 57

• ITEMIZED PROPOSAL 58

SECTION 2 - REQUIRED CONTRACT PROVISIONS 69

• DBE/MBE/WBE/SDVOB GOALS 70

• EQUAL EMPLOYMENT OPPORTUNITY (EEO) GOALS 71

• SUPPLEMENTAL TITLE VI PROVISIONS – Appendix A-1 72

SECTION 3 - SUPPLEMENTAL INFORMATION 73

• CONR 9 - Supplemental Information Available to Bidders 74

• Permits 75

SECTION 4 - SPECIAL NOTES 90

SECTION 6 SECTION 5 - SPECIAL SPECIFICATIONS 95

SECTION 6 – WAGE RATES 107

SECTION 7 - SPONSOR CONTRACT AGREEMENT 128

IMPORTANT BIDDER INFORMATION

Persons desiring to make a proposal shall use the accompanying proposal blank prepared by the County Department of Public Works. The STANDARD SPECIFICATIONS manual, as noted on the cover of this proposal, with current additions and modifications (except as modified on the plans or in the itemized proposal), by The New York State Department of Transportation are to be considered as and shall form a part of this agreement. The time for which proposals will be received will be found in the published notice calling for proposals. Any proposal received after the hour specified in the published notice shall not be accepted.

The attention of persons intending to make proposals is specifically called to the General Provisions, Section 100 of the above mentioned Department of Transportation Standard Specifications. All bidders must understand and comply with this section.

The attention of persons intending to make proposals is also called to Definitions and Terms in the General Provisions and Conditions of Contract, Section 100 of the above mentioned Department of Transportation Standard Specifications and it is understood that the following words: Commissioner, Chief Engineer, Superintendent, etc. shall mean Commissioner of Public Works; that the following words: Department and Division shall mean the County Highway Department; and that the word State shall mean the County of Washington.

As a guarantee of good faith, each proposal must be accompanied by the deposit of a certified check or a bid bond, payable to the Washington County Purchasing Department, in the sum of 5% of the total amount of the bid. All deposits, except that of the 3 lowest bidders will be returned within seven days after the opening of the bids. A Consent of Surety is also to be attached to the proposal. Only New York State licensed sureties will be accepted.

The right is reserved to waive any informalities in or reject any or all bids submitted.

No bidder may withdraw a bid within 45 days after the actual date of the opening of the bid.

Attention of bidders is particularly called to the minimum wage rates (Federal and State) to be paid under the contract and Civil Rights provisions including EEO and DBE requirements. The EEO goals for this project are 1.2% minorities and 6.9% women and the DBE goal is 0%.

Upon acceptance of any bid, the successful bidder shall execute a contract with the County of Washington and furnish a suitable Performance, Labor and Material Bond, in accordance with Section 137, subparagraph 1 of the State Finance Law and acceptable to the County Attorney. The deposit heretofore mentioned, for 5% of the bid, shall be forfeited and retained as liquidated damages if the successful bidder neglects or refuses to execute the said contract and furnish the said Bond.

The Contractor shall also submit with the Agreement, proof of workers' compensation, disability coverage and Automobile Liability and Automobile Property Damage Insurance, or that such coverage is not required by law.

All bids shall be accompanied by a non-collusive certification as required by Section 103-d of the General Municipal Law, amended September 1, 1965.

Only bidders having experience in this type of work will be considered.

There are no M/WBE or SDVOB Goals for this project.

BIDDERS NOTES

1. All addenda must be signed and accompany submitted proposals.

2. All field work shall be completed within 120 calendar days, not including necessary winter shutdowns. Weather related shutdowns will be approved by the county.

3. It is anticipated that this contract will be awarded by the County Board of

Supervisors on March 20, 2026. The notice to proceed will be provided with the notice of award. The successful bidder shall proceed diligently in obtaining the necessary bonds and in executing the contract so work can begin at the earliest possible time.

4. A Pre-Construction conference will be scheduled following the award to coordinate construction scheduling. The successful contractor shall have a proposed construction schedule developed prior to the conference. It is anticipated that the conference will be held in April 2026.

5. Please be aware that improvements along the detour route at the south end of

Lock 8 Way to East Street are anticipated to be completed under separate contract prior to the start of this contract. It is anticipated that this work will be completed prior to July 1, 2026. The Lock 8 Way bridge cannot be closed to traffic until the improvements to the detour are complete.

6. The work in this proposal will be as directed by the County. The County will hire a consultant who will provide an EIC “Engineer in Charge” assigned to the project who will be on site at all times during construction.

7. Due to the importance and complexity of the project, the Contractor is urged to visit the site before preparing bids.

8. After completion of work, before final payment is made, a certificate will be required from the Contractor that all labor and subcontractors have been paid in full.

9. All applicable New York State and Federal labor laws, rules and regulations shall be adhered to.

10. Permits for this work are included in Section 3 – Supplemental Information.

SPONSOR ADVERTISEMENT

Notice is hereby given that the County of Washington will accept sealed bids for:

Lock 8 Way over Bond Creek Superstructure Replacement, BIN 5525300

PIN 1762.26

LD040823

The Owner is Washington County and the work site is/are located in the Town of Kingsbury.

The projects limits extend from: approximately 150 ft north and south of the existing bridge on

Lock 8 Way.

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:

Superstructure replacement, rehabilitation of existing concrete substructures and highway approach work.

This is a Federal Aid Project and NYSDOT Standard Specifications, officially finalized and adopted on September 1, 2025 as posted on the New York State Department of

Transportation’s website must be followed by the successful bidder.

The DBE goal for this project is: 0%

There are no MBE/WBE/SDVOB goals for this project.

The EEO Employment goals for this project are: 2.6% Minority Employment Goal

6.9% Women Employment Goal

The use of the NYSDOT approved civil rights reporting software, Equitable Business

Opportunities (EBO), is required. Access authorization to EBO can be found at https://ebo.dot.ny.gov/.

No residential or geographical restrictions will be in effect for this project. Applicable Federal requirements take precedence over State and local requirements unless state and local requirements are deemed to be more stringent.

Contract Documents, including Advertisement for Bids, Information for Bidders, Labor and

Employment, Additional Instructions, Bid Documents, Agreement, General Conditions, General

Requirements, Specifications, Contract Drawings and any Addenda are available in digital format for download through the Washington County Purchasing Department:

https://washingtoncountyny.gov/466/Purchasing

No questions or inquiries regarding this bid will be accepted after February 5, 2026.

Contractors that obtain Contract Documents from a source other than the issuing office must notify the issuing office in order to be placed on the official Plan Holder List, to receive Addenda and any other Bid correspondence. Bids received from Contractors other than those on the official Plan Holders List will not be accepted.

Notification of Addenda will be communicated from the Washington County Purchasing

Department to Bidders listed on the official Plan Holders List. Bidders must acknowledge receipt of all Addenda by listing and dating on the Itemized Proposal Cover Page. Failure of https://ebo.dot.ny.gov/ any Bidder to receive any such Addendum or interpretation shall not relive such Bidder from any obligation under this Bid submittal. All Addenda so issued shall become part of the Contract

Documents.

Questions regarding the Contract Documents should be directed to Laura Sanda, PE, McFarland Johnson through email at: LSanda@mjinc.com. Bidders shall promptly notify Laura

Sanda, PE, McFarland Johnson of any errors, omissions, conflicts or ambiguity within the

Contract Documents within 7 days of bid opening.

All bids must include the completed Bid Form, Non-Collusive Bidding and Disbarment

Certifications, Lobbying Certifications, and for federally funded contracts the completed DBE

Participation Package (i.e., Summary of DBE commitments, DBE confirmations, and/or good faith effort (if required), as well as, the Bidder’s List (CONR 80LL) with information about all quotes received from DBE and non-DBE Subcontractors prior to letting.

This is a unit price bid as described in the Instructions to Bidders. No bidder may withdraw his/her bid within forty-five (45) calendar days after the actual date of the opening thereof.

Each bid must be accompanied by security in an amount not less than five percent (5%) of the amount of the bid in the form and subject to the conditions provided in the Instructions to

Bidders.

Bids to be considered must be received in a sealed envelope at the Washington County

Purchasing Department, County Municipal Center – Building B Room B240, 383 Broadway, Fort

Edward, New York 12828 by 2:30PM, local time, on February 19, 2026. Received bids will be opend and read aloud on February 19, 2026 at 2:30PM, local time. Bids received after the above noted time will not be accepted. All sealed envelopes should be clearly labeled “BID:

LOCK 8 WAY OVER BOND CREEK BRIDGE SUPERSTRUCTURE REPLACEMENT”.

For bids to be considered, the Bidder must be registered with the NYS Department of Labor

(DOL) prior to submitting a bid. Bids from unregistered Contractors shall be declared non-responsive.

The Bidder to whom the Contract is awarded will be required to furnish Performance and

Payment Bonds guaranteeing performance of work and prompt payment from an acceptable

Surety Company for an amount not less than 100% of the accepted bid. The successful Bidder and all subcontractors must have an approved CCA-2 on file with NYSDOT prior to being awarded a contract. If the successful Bidder does not currently have a CCA-2 on file with

NYSDOT, the Bidder may find the CCA-2 forms and instruction for completion online at https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms?redirect=legacy#Construction.

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

Equal Employment Opportunity clauses issued by the Secretary of Labor on May 2,1968 and published in the Federal Register (41 CFR Part 60-1, 33 F.2 7804). Successful bidders will be required to pay prevailing wage rates on this contract.

Washington County reserves the right to consider the bids for forty-five (45) days after receipt before awarding any Contract, and to waive any minor informalities in, and to reject, any and all bids. All bids are subject to final review and approval by the Washington County Board of

Supervisors before any award of contract may be made. Receipt of bids by Washington County shall not be construed as authority to bind Washington County.

https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms?redirect=legacy#Construction https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms?redirect=legacy#Construction

The work will be substantially completed 120 calendar days from Notice to Proceed and completed and ready for final payment on 12/1/2026. Project start date shall be coordinated with Washington County and is anticipated to be July 1, 2026 at the earliest.

The New York State Department of Transportation, in accordance with Title VI of the Civil

Rights Act of 1964, 78 Stat. 252, 42 U.S.C 2000d to 2000d-4 and Title 49 Code of Federal

Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation and Title

23 Code of Federal Regulations, Part 200, Title VI Program and Related Statutes, as amended, issued pursuant to such Act, hereby notifies all who respond to the related solicitation, request for proposal or invitation to bid that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability/handicap and income status in consideration for an award.

Owners Contact Engineer’s Contact

Deborah Donohue, P.E. Laura Sanda, P.E.

Superintendent Project Manager

383 Broadway, Building A, Floor 2 90 East Ave.

Fort Edward, NY 12828 Saratoga Springs, NY 12833

518-746-2465 518-580-9380 ddonohue@washingtoncountyny.gov LSanda@mjinc.com

LD040823

PROJECT TITLE SHEET

Washington County

New York

PIN: 1762.26

LD040823

COUNTY(IES): Washington

FEDERAL AID PROJECT

Proposal Description: Lock 8 Way over Bond Creek Bridge Superstructure Replacement BIN 5525300, Town of Kingsbury, Washington County

Earliest Start Date due to detour improvement project: 7/1/2026 Completion Date: 12/1/2026

Questions During Bidding: No interpretation of the meaning of the plans, specifications or other contract documents will be made to any bidder orally. Every request for such interpretation shall be in writing addressed to: Laura Sanda, PE via email at Lsanda@mjinc.com

Addenda to Bid Documents: Addenda to the Bid Documents will be published on the

Washington County Purchasing Department’s website:

FEDERAL REQUIREMENTS

1. This is a federal-aid contract subject to the approval of the Federal Highway Administration

(FHWA) and the New York State Department of Transportation (NYSDOT).

2. Federal Contract Requirements are contained in the contract documents.

3. The BUY AMERICA provisions in Section 106-11 of the NYSDOT Standard Specifications apply to this contract.

4. Whenever local and/or New York State requirements differ from Federal requirements, the

Federal requirements will prevail.

5. There are no residence, geographical restrictions, or preferences contained in this contract.

6. There are no M/WBE/SDVOB requirements or preferences contained in this contract.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS

1. The NYSDOT Standard Specifications dated September 1, 2025, as amended, govern work performed under this contract. This shall include Sections 100 through 799, inclusive.

2. The low bidder must have an approved New York State Uniform Contracting Questionnaire (CCA-2 Form) on file with NYSDOT prior to an award being made. The CCA-2 form is available online at https://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info or by calling the NYSDOT Office of Contract Management at (518) 457-1564.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dot.ny.gov%2Fbids-and-lettings%2Fconstruction-contractors%2Fgeneral-info&data=05%7C01%7CDoreen.Holsopple%40dot.ny.gov%7C910888a22d5d4de666cf08da3373e6b6%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C637878871033498079%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=d6wphiMA2kKzEJB7vHHj9HpncVYzBJ9i6YrY8elj%2FaI%3D&reserved=0

SECTION 1 – CONTRACTOR’S BID PACKAGE CONTENTS

Letting Date

Sponsor's Name:

Address:

, New York

RE: Project Description:

Project Location:

PIN

Contract

DBE Goal as Stated in the Advertisement

Dear

We hereby submit a DBE commitment of for the above-referenced project.

Identified below are the commitment(s) to certified* DBEs for this contract:

*Only submit DBE(s) that you have verified are certified to perform/supply the identified commitments. Total Commitment:

** Work Category:

Material Supplier = 60% Credit

Distributor = 40% Credit

Broker (Fees and Commissions Only) = 100% Credit

Submitted By:

Name:

Company Federal Tax ID

PIN NYSDOT AAP14LL*

*Note: This form is the local-let version of the NYSDOT AAP 14. It was modified to capture specific language used when administering local-let federal aid projects.

Title:

NOTE: In addition to the summary of commitments shown above, you shall submit DBE commitments/confirmations (i.e., AAP 20, AAP22, or AAP 23 depending on Work

Category) with your bid submission for each DBE firm listed above. All Bidders are to submit a completed CONR 80LL. In addition, if you do not meet the DBE Goal, you shall submit sufficient Good Faith Effort documentation with your bid submission. No supplemental information will be considered after Letting.

Work Category**

Construction

DBE Credit $

(AxB)

$ Commitment

(B)

$1,120,000$1,120,000

% DBE Credit

(A)

I hereby confirm that the DBEs are certified to perform the commitments shown above. Upon notification that my commitments and/or Good Faith

Efforts have been accepted by the Sponsor, I shall enter exactly (as shown) all of the DBE commitments identified here, into Equitable Business

Opportunity Solution (EBO), with no additions, substitutions, or reductions.

Appendix 12-10

Summary of Federal DBE Commitments and Bid Requirements

= 100% Credit

Example DBE Name: Drainage R Us

Address: 2543 Lexington Street, Troy, NY 12180

Address:

Address:

Address:

Address:

Address:

Address:

Address:

DBE Name and Address:

Construction, Manufacturers, Fabricators, Professional Service, Work Service, Trucking Firm

APPENDIX 12-1

CONSTRUCTION CONTRACT REQUIREMENTS

REVISED October 2023

This page has been left intentionally blank.

CONTENTS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION (FHWA Section 1273 X)

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING(FHWA 1273 Section

XI)

FALSE CLAIMS CERTIFICATION (31 USC §3729, NYS Finance Law Article 13)

REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES,

GOALS FOR EQUAL EMPLOYMENT OPPORTUNITY (EEO) PARTICIPATION

REQUIRED CONTRACT PROVISIONS

ALL FORMS MUST BE INCLUDED IN ALL FEDERAL AID CONTRACTS AND MUST BE INCLUDED

IN EACH BID PROPOSAL.

Appendix 12-1.1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION (FHWA Section 1273 X)

A. The prospective bidder certifies to the best of its knowledge and belief that they and their Principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for a commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with the commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

B. Where the Bidder is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (FHWA 1273 Section

XI)

A. The prospective bidder certifies, by signing and submitting this bid or proposal, to the best of his/her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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.

2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.

B. 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 Section 1352, Title 31, U. S. Code. 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.

C. The prospective bidder also agrees by submitting his/her bid or proposal that he/she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that such subrecipients shall certify and disclose accordingly.

THESE MUST BE INCLUDED IN ALL FEDERAL AID CONTRACTS AND MUST BE INCLUDED IN

EACH BID PROPOSAL.

Appendix 12-1.2

FALSE CLAIMS CERTIFICATION (31 USC §3729, NYS Finance Law Article 13)

Under the Federal False Claims Act, 31 U.S. Code §3729, any person or entity who knowingly presents, or causes to be presented to the Federal Government, a false or fraudulent claim for payment or approval is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus three times the amount of damages the Government sustains.

Under the New York State False Claims Act, NYS Finance Law Article 13, any person or entity who knowingly presents or causes to be presented to the State of New York or Local Governments within the State of New York, a false or fraudulent claim for payment or approval is liable to the Government for a civil penalty of not less than $6,000 and not more than $12,000, plus three times the amount of damages the Government sustains.

“Knowingly” is defined as (1) actual knowledge; (2) acting in deliberate ignorance of the truth or falsity of information; or (3) acting in reckless disregard of the truth or falsity of information. No proof of specific intent to defraud is required.

The Contractor to whom the above-identified contract is to be awarded does hereby certify to the New York State Department of Transportation that it understands the prohibitions under the Federal and New York State False Claims acts and that it has not and will not submit or cause to be submitted any fraudulent claims in the submission of this bid or in connection with the above-identified contract.

The Contractor further certifies that it understands retaliatory actions against employees and officers who initiate a qui tam (public) action on behalf of the government or cooperate in the investigation of a false claim are prohibited and are subject to an assessment of damages and penalties under the provisions of the Federal and New York State False Claims Acts.

THIS MUST BE INCLUDED IN ALL FEDERAL AID CONTRACTS AND MUST BE INCLUDED IN

EACH BID PROPOSAL.

Appendix 12-1.3

NON-COLLUSIVE BIDDING CERTIFICATION

(NYS Finance Law §139-d and General Municipal Law §103-d)

1. By submission of this bid:

(a) Each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor.

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership, or corporation to submit or not to submit a bid for the purpose of restricting competition.

(b) A bid shall not be considered for award, nor shall any award be made where (a)(1)(2) and (3) above have not been complied with; provided, however, that if in any case, the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons, therefore. Where (a)(1)(2) and (3) above have not been complied with, the bid shall not be considered for award, nor shall any award be made unless the head of the purchasing unit of the state, public department, or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that the bidder (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised pricelists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph one (a).

2. Any bid hereafter made to the state or any public department, agency, or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, or regulation, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to have included the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation."

STATE NON-COLLUSIVE BIDDING CERTIFICATIONS MUST BE INCLUDED IN EVERY BID

PROPOSAL REGARDLESS OF WHETHER NYSDOT SPECIFICATIONS OR LOCAL

SPECIFICATIONS ARE USED.

Appendix 12-1.4

NON-COLLUSIVE BIDDING CERTIFICATION (2 CFR 1200)

"By submission of this bid, the Bidder does hereby tender to the Owner this sworn statement pursuant to Section 1128 of Title 23, U. S. Code-Highways and does hereby certify, in conformance with said Section 112 of Title 23, U. S. Code-Highways that the said Contractor has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the above contract."

The signatory to the proposal, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, his/her company and any person associated therewith in the capacity of owner, partner, director, officer, or major stockholder (of five percent or more ownership):

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency,

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past three years,

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

EXCEPTIONS: The Contractor should list any relevant information, attaching additional sheets to the proposal if necessary. (Exceptions will not necessarily result in disapproval but will be considered in determining responsibility. For any exception noted, the Contractor should indicate to whom it applies, the initiating agency, and the dates of actions. Providing false information may result in criminal prosecution or administrative sanctions).

FEDERAL NON-COLLUSIVE BIDDING CERTIFICATION MUST BE INCLUDED IN EVERY BID

PROPOSAL REGARDLESS OF WHETHER NYSDOT SPECIFICATIONS OR LOCAL

SPECIFICATIONS ARE USED.

Appendix 12-1.5

REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES,

MISCONDUCT OR OTHER PROHIBITED CONTRACT ACTIVITIES

US DEPARTMENT OF TRANSPORTATION

OFFICE OF INSPECTOR GENERAL - FRAUD, WASTE & ABUSE HOTLINE

The U.S. Department of Transportation (USDOT) Office of Inspector General (OIG) maintains a Hotline for receiving allegations of fraud, waste, abuse, or mismanagement in USDOT programs or operations.

Persons with knowledge of bid collusion (i.e., contractors, suppliers, work persons, etc.), or other questionable contract-related practices (inadequate materials, poor workmanship, theft of materials, etc.), are encouraged to report such activities by calling the Hotline at 1-800-424-9071, emailing hotline@oig.dot.gov, or writing to the USDOT Inspector General, 1200 New Jersey Ave SE, West Bldg.

7th Floor, Washington, DC 20590. Allegations may be reported 24 hours a day, seven days a week by DOT employees, contractors, or the general public.

NEW YORK STATE OFFICE OF THE INSPECTOR GENERAL HOTLINE

The New York State Office of the Inspector General maintains a Hotline for receiving allegations of governmental misconduct. Reports of New York State governmental misconduct may be made in strict confidence to the Toll-Free 24-hour Statewide HOTLINE at 1-800-DO RIGHT (1-800-367-4448), the online complaint form at www.ig.ny.gov or in writing to the New York State Office of the Inspector General, Empire State Plaza, Agency Building 2 - 16th Floor, Albany, New York 12223.

THIS PAGE MUST BE INCLUDED IN ALL FEDERAL AID CONTRACTS AND MUST BE INCLUDED

IN EACH BID PROPOSAL.

mailto:hotline@oig.dot.gov http://www.ig.ny.gov/

Appendix 12-1.6

GOALS FOR EQUAL EMPLOYMENT OPPORTUNITY (EEO) PARTICIPATION

The Contractor shall follow the requirements of NYSDOT Standard Specification §102-11 Equal Employment Opportunity Requirements. The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, which is the county or counties in which the work is located, are as follows:

GOALS FOR PARTICIPATION OF MINORITIES

COUNTY % COUNTY % COUNTY %

Albany 3.2 Herkimer 2.1 Richmond Table

Allegany 6.3 Jefferson 2.5 Rockland 22.6 Broome 1.1 Kings Table St. Lawrence 2.5 Bronx Table 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 Table 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 Table Yates 5.9

Hamilton 2.6 Rensselaer 3.2

(45 FR 65976 – 10/3/1980)

GOALS FOR PARTICIPATION OF MINORITIES

BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND COUNTIES

Electricians 9.0 to 10.2 Bricklayers 13.4 to 15.5

Carpenters 27.6 to 32.0 Asbestos workers 22.8 to 28.0 Steam fitters 12.2 to 13.5 Roofers 6.3 to 7.5 Metal lathers 24.6 to 25.6 Iron workers (ornamental) 22.4 to 23.0 Painters 26.0 to 28.6 Cement masons 23.0 to 27.0 Operating engineers 25.6 to 26.0 Glaziers 16.0 to 20.0 Plumbers 12.0 to 14.5 Plasterers 15.8 to 18.0 Iron workers (structural) 25.9 to 32.0 Teamsters 22.0 to 22.5

Elevator constructors 5.5 to 6.5 Boilermakers 13.0 to 15.5 All others 16.4 to 17.5

(43 FR 14888 – 4/7/1978)

GOAL FOR PARTICIPATION OF WOMEN

The goal for the participation of women is 6.9%.

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted). If the Contractor performs construction work outside of New York State, it shall apply the goals established for the covered area where the work is actually performed.

Appendix 12-1.7

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Non-segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Certification Regarding Use of Contract Funds for Lobbying XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR 633.102(e). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and

FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally

Appendix 12-1.2 classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a);

23 CFR Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.

Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO

Appendix 12-1.3 program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification

Appendix 12-1.4 to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR

230.409. Actions by the contractor, either

directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the…