2024 Bridge Painting Program Proposal.pdf

PDF 8 MB Posted Mar 7, 2024

Attached to: 2024 Bridge Painting Program
Solicitation number: PIN 5764.05
Issued by: Cattaraugus County, New York

About this file

Written by GovTribe AI · Apr 2, 2024

This document is an advertisement for Bid # 21: 2024 Bridge Painting Program, a Cattaraugus County Department of Public Works (DPW) project that is a Federal Aid project. The work includes removing existing paint, cleaning, priming, and painting steel on three bridges in the towns of Freedom, Napoli, and Mansfield. Bids must be received by 1:45 PM on Thursday, March 28, 2024, and will be publicly opened and read aloud at 2:00 PM the same day. The work is to be completed by August 31, 2024.

The project has a 5% Disadvantaged Business Enterprise (DBE) utilization goal and 6.3% minority and 6.9% women employment goals. There are no residential or geographical restrictions. Bidders must use the NYSDOT approved civil rights reporting software, Equitable Business Opportunities (EBO). The successful bidder and all subcontractors must have an approved CCA-2 on file with NYSDOT prior to being awarded the contract. Prevailing wage rates apply.

View the file

Other files

File	Type	Posted
2024 Bridge Painting Program - Plan Sheets.pdf	PDF	Mar 7, 2024

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

2024 BRIDGE PAINTING PROGRAM

Federal Aid Project

CLEANING AND PAINTING THE FOLLOWING STRUCTURES

FREEDOM BRIDGE NO. 02 (B.I.N. 3321520)

DELEVAN-ELTON ROAD (C.R. 21) OVER TRIBUTARY OF ELTON CREEK

NAPOLI BRIDGE NO. 04 (B.I.N. 3322650)

PIGEON VALLEY ROAD (C.R. 7) OVER PEASLEE HOLLOW BROOK

MANSFIELD BRIDGE NO. 12 (B.I.N. 3360450)

DUBLIN ROAD (C.R. 15) OVER DUBLIN CREEK

P.I.N. 5764.05

BID NO. 21: 2024 Bridge Painting Program (PIN 5764.05)

Prepared by:

Cattaraugus County

Department of Public Works 8810 Route 242

Little Valley, NY 14755

General Provisions and Bid Proposal Booklet

MARCH 2024

CATTARAUGUS COUNTY DEPARMENT OF PUBLIC WORKS

Instructions to Bidders, Specifications and Related Documents

For

2024 BRIDGE PAINTING PROGRAM

Cleaning And Painting The Following Structures

Freedom Bridge No. 02 (B.I.N. 3321520) Delevan-Elton Road (C.R. 21) Over Tributary Of Elton Creek

Napoli Bridge No. 04 (B.I.N. 3322650) Pigeon Valley Road (C.R. 7) Over Peaslee Hollow Brook

Mansfield Bridge No. 12 (B.I.N. 3360450) Dublin Road (C.R. 15) Over Dublin Creek

P.I.N. 5764.05

Cattaraugus County Department of Public Works

8810 Route 242

Little Valley, New York 14755

Tel. (716) 938-9121

Fax (716) 938-2754

CATTARAUGUS COUNTY DEPARTMENT OF PUBLIC WORKS

DATE: March 2024

Department's Preliminary Estimate for the:

2024 Bridge Painting Program

Cleaning and Painting of the following Structures

Freedom Bridge No. 02 (B.I.N. 3321520)

Napoli Bridge No. 04 (B.I.N. 3322650)

Mansfield Bridge No. 12 (B.I.N. 3360450)

TOWNS OF FREEDOM, NAPOLI, AND MANSFIELD CATTARAUGUS COUNTY

Description: This project will consist of Cleaning, Priming and Painting of Three (3) Bridges in the

Towns of Freedom, Napoli and Mansfield including all required Work Zone Traffic

Control.

Deposit Required..............................................……………….…................. 5% of Bid

Date of Completion: All work is to be completed no later than August 31, 2024.

Work to be done: The Contractor shall furnish all materials, equipment, tools and labor of every kind required to complete the removal of existing paint, cleaning, priming and painting of steel; treatment and disposal of waste material; maintenance and protection of traffic; and perform all other ncidental work in the most substantial and workmanlike manner, and do everything required by the Contract Documents as defined herein.

A general scope of work is given on page D-6.

The total bid price shall be the sum of all materials, installation and labor costs as defined herein. Each unit bid price shall be entered both in words and numerically in the spaces provided. In the event of a discrepancy the words will be used for tabulation purposes.

GENERAL NOTE

In general, the New York State Department of Transportation Specifications of January 1, 2024, and all addenda in effect on the date of advertising for bids shall apply, except where modified in these specifications. Where reference is made to New York State, State Department of Transportation, Commissioner, etc., the appropriate Cattaraugus County department or official shall be substituted.

The Commissioner of the Cattaraugus County Department of Public Works shall make the final interpretations of any irregularities, ambiguities or questions arising out of these specifications and the

New York State Department of Transportation Specifications used on this project.

The Proposal consisting of Bidding Forms, Required Certifications and Reference Sheet are included in

Sections A and B. The submission of the completed forms will constitute a formal bid. The Agreement

(Section C) will be completed upon award of the Contract.

The pages in this proposal and in the plans are numbered consecutively. In the event that any pages are missing or illegible, a replacement copy will be furnished free of charge by the Department of Public

Works upon request. The County is responsible for providing amendments only to those persons or firms listed as having purchased plans and/or proposals from the County Department of Public Works and of those that made a specific request of the Department for amendments. Persons or firms who obtain plans and/or proposals from sources other than the County Department of Public Works bear the sole responsibility for obtaining any amendments issued by the County for the subject project. Bidders are advised that the County will exercise its right to reject any proposal, pursuant to Section 102-03 of the Standard Specifications, in which subtask bids appear in the Commissioner's judgment to constitute an unbalanced bid for the work.

CATTARAUGUS COUNTY

DEPARTMENT OF PUBLIC WORKS

Development – Progress – Workmanship

Kathleen M. Ellis, Commissioner 8810 Route 242, Jack Ellis Drive

Michael J. Prinino, Deputy Commissioner Little Valley, New York 14755

William A. Fox, PE, Director of Engineering Phone (716) 938 9121 | Fax (716) 938 2753

ADVERTISEMENT FOR BIDS

Notice is hereby given that Cattaraugus County Department of Public Works will accept sealed bids for:

BID # 21: 2024 Bridge Painting Program (PIN 5764.05), Cattaraugus County

The Owner is the Cattaraugus County Department of Public Works (DPW) and the work site(s) are located various municipalities within Cattaraugus County.

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

Removal of existing paint, cleaning, priming and painting of steel; treatment and disposal of waste materials; maintenance and protection of traffic and whatever incidental work that may be necessary to completely and satisfactorily complete the project

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

DPW, 8810 Route 242, Jack Ellis Drive, Little Valley, NY 14755 by 1:45 PM, local time, on Thursday, March 28, 2024 at which time they will be publicly opened and read aloud at 2:00 PM (at the same location). Bids received after the above noted time will not be accepted. All sealed envelopes should be clearly labeled BID # 21: 2024

Bridge Painting Program.

This is a Federal Aid Project and NYSDOT Standard Specifications, officially finalized and adopted on January 1, 2024, 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: 5%

There are no M/WBE goals for this project.

The EEO Employment goals for this project are: 6.3% Minority Employment Goal

6.9% Women Employment Goal ii

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 Invitation to Bidders, Instructions to Bidders, Wage Rates, Bid Documents, Agreement, Special Notes, Specifications, Contract Drawings, and any

Addenda, may be examined, at no expense, at the office of: Cattaraugus County DPW at 8810 Route 242, Little Valley, NY 14755 between the hours of 08:00 AM and 3:30 PM

Monday through Friday. Contract Documents are also available through the: The

Builders Exchange of the Southern Tier, Inc.- West, 65 East Main St., Falconer, NY

14733, & on their web site, (STBA website at: https://bxstier.com/)

Password: NYBX24-00962-21

No questions or inquiries regarding this bid will be accepted within three (3) business days prior to the bid opening.

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.

Addenda will be emailed from Cattaraugus County to Bidders listed on the official

Plan Holders List. An emailed response from the Bidder, to the Addendum sent by the

County will act as proof that the Bidder received the Addendum. In addition to an emailed response, Bidders must acknowledge receipt of all Addenda by signing and dating each Addendum and the Acknowledgement of Receipt of Addenda, page B-2.

Failure of 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 Amme Carson, PE, Sr. Civil Engineer, Cattaraugus County DPW either through email at:

alcarson@cattco.org or by telephone at 716-938-9121 Ext. 2436. Bidders shall promptly notify Amme Carson of any errors, omissions, conflicts or ambiguity within the

Contract Documents within 5 days of bid opening.

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

Certifications, and Lobbying Certifications. This is a unit price bid as described in the https://ebo.dot.ny.gov/ http://login.onlineplanservice.com/SP/code.aspx iii

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.

The Bidder to whom the Contract is awarded will be required to furnish Performance, Payment and Guarantee Bonds 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.

Cattaraugus County Local Law 12-2012 as amended by Local Law 5-2015 requires that the County provide a copy of the Cattaraugus County Vendor Responsibility Form to the low bidder. The low bidder will have 5 business days to return the completed form unless the form was mailed by the County to the vendor, in which case they will have 10 business days from the date of the mailing to return the form. Failure by the low bidder to submit the form within the above time frame may lead to the automatic rejection of their bid. 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.

The 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 County Legislature before any award of contract may be made. Receipt of bids by the County shall not be construed as authority to bind the Cattaraugus County.

The work will be substantially completed 120 calendar days from Notice to Proceed and completed and ready for final payment by August 31, 2024.

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 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 iv 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.

Owner’s Contact Engineer’s Contact

Dawn Smith Amme L. Carson, PE

Procurement Specialist Sr. Civil Engineer

8810 Route 242, Little Valley, NY 14755 8810 Route 242, Little Valley, NY 14755

Phone: 716-938-2465 Phone: 716-938-2436

Email: DASmith@cattco.org Email: ALCarson@cattco.org mailto:DASmith@cattco.org

TABLE OF CONTENTS

Section A

ADVERTISEMENT FOR BID

Unit Price Bid Schedule i - iv

A - 1 to A - 5

Section B Required Certifications

B - 1

B - 2

B - 3 to B - 4

B - 5

B – 6 to 8

B – 9 to 17

B – 18 to 26

B-27 to 35

B – 36 to 57

B - 58 to 61

B - 62

B – 63 to 64

B – 65

B – 66

B - 67 to 69

B – 70

B – 71

B - 72

1. Itemized Bid Proposal

2. Acknowledgement of Receipt of Addenda *

3. Bid Bond Form *

4. Bidder Information Sheet *

5. Disclosure of Lobbying Activities Form*

6. Requirements for the Participation of Disadvantaged Business Enterprises in Federal Aid Contracts*

7. Equal Opportunity Requirements for Federal Aid Contracts

8. Reporting Violations of Non-Collusive Bidding Procedures, Misconduct or Other Prohibited Contract Activities, Certification Regarding Debarement, & False Claims Certifications, Certification Regarding Use of Contract Funds for Lobbying (FHWA 1273 Section XI), Goals for EEO Participation

9. Required Contract Provisions for Federal Aid Contracts

10. Non-Collusive Bidding Certifications *

11. Offerer Discloser of Prior Non-Responsiblility Determinations *

12. Combined Certification Form*

13. Appendix A-1 Supplemental Title VI Provisions (Civil Rights Act)

14. Reference Sheet*

15. Responsible Bidder Law and Requirements

16. Bid for Performance of Contract *

17. Iran Divestment Act of 2012 *

18. Affidavit of Compliance: Receipt of Prevailing Wage Rate Schedule*

19. Executive Order 14 & 16 Certification* B - 73

Section C Agreement ** C - 1 to C - 10

Section D General Provisions D - 1 to D - 17

Notice of Award

Notice to Proceed

Certificate of Substantial Completion

D - 18

D - 19

D - 20

Section E Prevailing Wage Rates (NYSDOL and Davis Bacon) E – 1 to E – 81

Section F Project Specific

1. Standard Specifications, Definitions and Terms

2. Special Specifications

3. Special Notes

F-2

F-3

F-4 to F-9

Section G Supplemental Information

1. Supplemental Information Available to Bidders

2. Location Maps, Structure Data Sheet with Photos

3. Paint Chip Test Results

G-1 to G-2

G-3 to G-14

G-15 to G-18

* To be completed by All Bidders and returned with bid.

** To be completed by the Apparent Low Bid

A-1

SECTION A

UNIT PRICE BID SCHEDULE

The Contractor shall furnish all materials, equipment, tools and labor of every kind required to complete the 2024 Bridge Painting Program as described below, and perform all other work and incidental work in the most substantial and workmanlike manner, and do everything required by the

Contract Documents as defined herein.

The total bid price shall be the sum of all materials, installation and labor costs as defined herein.

Each unit bid price shall be entered both in words and numerically in the spaces provided. In the event of a discrepancy the words will be used for tabulation purposes.

2024 Bridge Painting Program on various structures as follows:

1. Freedom Bridge No. 02 (B.I.N. 3321520), Delevan-Elton Road (C.R. 21) over Tributary of Elton

Creek

2. Naploi Bridge No. 04 (B.I.N. 3322650), Pigeon Valley Road (C.R. 7 over Peaslee Hollow Brook

3. Mansfield Bridge No. 12 (B.I.N. 3360450), Dublin Road over Dublin Creek

a n d D

N U

P R

C O

ce n ts d o lla rs ce n ts

O N

E d o lla rs ce n ts

O N

E d o lla rs ce n ts d o lla rs

ce n ts

N M

L G

R O

U N

D P

R O

d o lla rs

ce n ts

N M

L W

R W

A Y

P R

O N

d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs

B R

E P

G P

R O

G R

A M

A R

A U

G U

S C

O U

U N

E W

O R

D S

D -E

X P

R E

C O

O L

D O

M B

G E

N O

. 2

B .I

.N . 3

D .C

A L-

R E-

M O

O R

A N

D .C

O N

N F

A C

C .W

C O

P O

O F

N O

N -H

R D

O U

P A

O V

A L

W A

2, 3.

U C

A L

L P

G F

A P

T O

O V

A L

B A

W O

R K

Z O

N E

C O

O L

B id d er a gr ee s to p er fo rm a ll w o rk d es cr ib ed in t h e co n tr ac t d o cu m en ts a t th e fo llo w in g u n it p ri ce b id f o r th is s tr u ct u re

L B

O R

D O

M B

G E

N O

. 2

B .I

.N . 3

M O

4% m ax

L B

O R

D O

M B

G E

N O

. 2

B .I

.N . 3

W R

W O

R D

A-2 a n d D

N U

P R

C O

ce n ts d o lla rs ce n ts

O N

E d o lla rs ce n ts

O N

E d o lla rs ce n ts d o lla rs

ce n ts

N M

L G

R O

U N

D P

R O

d o lla rs

ce n ts

N M

L W

R W

A Y

P R

O N

d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs

B R

E P

G P

R O

G R

A R

A U

G U

S C

O U

A P

B R

E N

O . 4

.I .N

. 3

U N

E W

O R

D S

D -E

X P

R E

C O

O L

D .C

O N

N F

A C

C .W

A L-

R E-

M O

O R

A N

D .C

C O

P O

O F

N O

N -H

R D

O U

P A

O V

A L

W A

1, 3.

U C

A L

L P

G F

A P

T O

O V

A L

B A

W O

R K

Z O

N E

C O

O L

B id d er a gr ee s to p er fo rm a ll w o rk d es cr ib ed in t h e co n tr ac t d o cu m en ts a t th e fo llo w in g u n it p ri ce b id f o r th is s tr u ct u re

L B

O R

A P

B R

E N

O . 4

.I .N

. 3

L B

O R

A P

B R

E N

O . 4

.I .N

. 3

O R

D S

M O

4% m ax

A-3 a n d D

N U

P R

C O

ce n ts d o lla rs ce n ts

O N

E d o lla rs ce n ts

O N

E d o lla rs ce n ts d o lla rs

ce n ts

N M

L G

R O

U N

D P

R O

d o lla rs

ce n ts

N M

L W

R W

A Y

P R

O N

d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs ce n ts d o lla rs

B R

E P

G P

R O

G R

A R

A U

G U

S C

O U

A N

G E

N O

. 1

(B .I

.N . 3

U N

E W

O R

D S

D -E

X P

R E

C O

O L

D .C

O N

N F

A C

C .W

A L-

R E-

M O

O R

A N

D .C

C O

P O

O F

N O

N -H

R D

O U

P A

O V

A L

W A

3, 3.

U C

A L

L P

G F

A P

T O

O V

A L

B A

W O

R K

Z O

N E

C O

O L

B id d er a gr ee s to p er fo rm a ll w o rk d es cr ib ed in t h e co n tr ac t d o cu m en ts a t th e fo llo w in g u n it p ri ce b id f o r th is s tr u ct u re

L B

O R

A N

G E

N O

. 1

(B .I

.N . 3

L B

O R

A N

G E

N O

. 1

(B .I

.N . 3

W R

W O

R D

M O

4% m ax

A-4

A-5

BID SUMMARY SHEET

Enter the total bid amounts for each Bridge Bid. Bids are to be written in words and numbers.

Bid: Freedom Bridge No. 2 (B.I.N. 3321520):

Total: Dollars

And Cents

Total: $

Bid: Napoli Bridge No. 4 (B.I.N. 3322650):

Total Dollars

Bid: Mansfield Bridge No. 12 (B.I.N. 3360450):

Total Dollars

Total Bid: Freedom Bridge No. 2, Napoli Bridge No. 4, and Mansfield No. 12

Grand Total Dollars

Grand Total: $

B-1

SECTION B

ITEMIZED BID PROPOSAL

In submitting this bid, the undersigned declares that he/she is or they are the only person or persons interested in the bid; that it is made without any connection with any person making another bid for the same contract; that the bid is in all respects fair and without collusion, fraud or mental reservation; and that no official of the County or any person in the employ of the County is directly or indirectly interested in the bid or in the supplies or work to which it relates, or in any portion of the profits thereof.

The undersigned also declares that he/she has or they have carefully examined the plans, specifications and form of contract, and that he/she has or they have personally inspected the actual location of the work, together with the local sources of supply, has or have satisfied himself/herself or themselves as to all the full scope of the work and existing conditions, and understands that in signing this proposal, he/she or they waive all rights to plead any misunderstandings regarding the same. The Contractor at his/her own expense may elect to obtain additional information at the site, such as deep holes or borings; however, he/she must inform the County three days prior to such explorations.

The undersigned further understands and agrees that he/she is or they are to furnish and provide for the respective work, all the necessary materials, machinery, implements, tools, labor, services and other items of whatever nature, and to do and perform all work necessary under the aforesaid conditions, to complete the improvement of the aforementioned project in accordance with the plans and the specifications for such improvement, which plans and specifications it is agreed are a part of this proposal.

The undersigned further agrees to accept the aforesaid Itemized Bid as compensation for the completion of the project as detailed in the contract documents.

Dated: , 20

Legal Name of Person, Firm or Corporation

By:

Must be signed in Ink

B-2

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

The undersigned acknowledges receipt of the following addenda to the subject project (if none, state

"NONE"):

Addendum No. Dated

Receipt is hereby acknowledged for all addenda listed above.

Signature of Bidder Date

B-3

BID BOND

Sec. 38 – Highway law

KNOW ALL PEOPLE BY THESE PRESENTS, That

(Name of Contractor)

(Address)

(hereinafter called the “Principal”) and the a corporation created and existing under the laws of the State of .......................................... , having its principal office in the City of ……………………….. (hereinafter called the “Surety”), are held and firmly bound unto Cattaraugus County

(hereinafter called the “County”) in the full just sum of Five Percent (5%) of Attached Bid, good and lawful money of the

United States of America, for the payment of which said sum of money, well and truly to be made and done, the said

Principal binds themselves (himself/herself, itself), their (his/hers, its) heirs, executors and administrators, successors and assigns, and the said Surety binds itself, its successors and assigns jointly and severally, firmly by these presents:

Signed, sealed and dated this 20 ................................................. A.D.

WHEREAS, the said Principal has submitted to the Cattaraugus County Commissioner of Public Works, a bid for

(Description of Project)

AND

WHEREAS, under the terms of the Laws of the State of New York as above indicated, the said Principal has filed or intends to file this bond to guarantee that the Principal will execute all required contract proposal documents and furnish such faithful performance or other bonds as may be required by law in accordance with the terms of the Principal’s said proposal.

NOW, THEREFORE, the condition of the foregoing obligation is such, that if the said Principal shall promptly execute and submit, and the Commissioner of Public Works shall accept, all required contract proposal documents including such faithful performance bond or other bonds as may be required by law in accordance with the terms of the Principal’s said proposal, then this obligation shall be null and void, otherwise to remain in full force and virtue.

IN TESTIMONY WHEREOF, the said Principal has hereunto set his/her (their, its) hand and seal and the said Surety has caused this instrument to be signed by its…………....……….……………President and its

…………………………………….Secretary, and its corporate seal to be hereunto affixed, the day and year first above written.

Signed, sealed and delivered in the presence of:

(Corporate seal of

Principal if a corporation)

......................................................... (L.S.)

Principal

(Corporate seal of

Surety Co.)

..................................................... Company of

(Title of Officer)

Attest

(Title of Officer)

(Acknowledgment by principal, unless it is a corporation)

B-4

STATE OF NEW YORK

SS:

COUNTY OF ………………………

On this ……….. day of …………………… 20….., before me personally came …………………………., to me known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same.

Notary Public County

(Acknowledgment by principal, if a corporation)

On this ……….. Day of …………………… 20……, before me personally came ……………………………, to me known who being by me duly sworn, did depose and say that he/she resides in ………………………….; that he/she is the ………………………… of the ……………………………; the corporation described in and which executed the foregoing instrument; that he/she knew the seal of said corporation; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order.

(Acknowledgment by Surety Company)

On this ……….. day of …………….…….. 20……., before me personally came …….………………….., to me known, who being by me duly sworn, did depose and say that he/she resides in …………………………; that he/she is the ……………………… of the ………………………….; the corporation described in and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name there to by like order.

B-5

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.

B-6

INSTRUCTIONS FOR COMPLETION OF FORM SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1st tier.

Sub-awards include but are not limited to subcontracts, sub-grants, and contract awards under grants.

5. If the organization filing the report in item 4 checks “Sub-awardee”, then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full

Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001”.

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the

Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code for the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the Federal covered action.

11. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

12. The certifying official shall sign and date the form; print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB Control Number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington D.C. 20503.

B-7

Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352

OMB Control Number: 4040-0013

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

☐ a. contract

☐ b. grant

☐ c. cooperative agreement

☐ d. loan

☐ e. loan guarantee

☐ f. loan insurance

☐ a. bid/offer/application

☐ b. initial award

☐ c. post-award

☐ a. initial filing

☐ b. material change

4. Name and Address of Reporting Entity:

❑ Prime ❑ Subawardee

Name __________________________________________________________

Street 1 ___________________________________ Street 2 _________________________________________

City ___________________________ State _________________________ Zip _____________________

Congressional District, If Known ______________________________

5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:

6. Federal Department/Agency:

7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known:

9. Award Amount, if known:

10. a. Name and Address of Lobbying Registrant

Prefix _______ First Name ________________________________ Middle Name ___________________________________

Last Name _____________________________________________ Suffix ________________

Street 1________________________________________________ Street 2 _________________________________________________

City ________________________________________________ State_______________________________ Zip__________________

b. Individuals Performing Services (including address if different from No. 10a)

Prefix _______ First Name ________________________________ Middle Name ___________________________________

Last Name _____________________________________________ Suffix ________________

Street 1________________________________________________ Street 2 _________________________________________________

City ________________________________________________ State_______________________________ Zip__________________

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10.000 and not more than $100.000 for each such failure.

Signature _________________________________________________

Name: Prefix _______ First Name ________________________________ Middle Name ___________________________________

Last Name _____________________________________________ Suffix ________________

Title: ______________________________ Telephone No.: ____________________________ Date:_________________________

Federal Use Only: Standard Form LLL (Rev. 7/1997)

Authorized for Local Reproduction

B-8

REQUIREMENTS REGARDING LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS

Continuation Sheet Approved by OMB 0348-0046

1. Reporting Entity: Page of _______

Authorized for Local Reproduction - Standard Form LLL

B-9

REQUIREMENTS FOR THE PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES IN

FEDERAL AID CONTRACTS

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION. It is the policy of the United States and the State of New York that Disadvantaged Business Enterprises (DBE’s) shall have the maximum opportunity to participate in the performance of State contracts for construction. The parties to this contract shall take all necessary and reasonable steps in accordance with the laws, rules, and regulations cited in this section to ensure that DBEs have the maximum opportunity to compete for and perform contracts. The Owner and its Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any federal Aid contracts. This policy shall be made a part of all subcontracts and agreements entered into as a result of this contract.

The Congress of the United States, to this end, has enacted the Surface Transportation Assistance Act (“STAA”) of 1982, Public Law 97-424, Section 105(f), the Surface Transportation and Uniform Relocation Assistance Act of 1987, Public Law 100-17, Section 106(c), the Intermodal Surface Transportation Efficiency Act of 1991 and Regulations have been promulgated under CFR 49 23. New York State, to this end, has enacted Section 85 of the Highway Law, Section 428 of the Transportation Law, and Chapter 1, Title 17 of the Official Compilation of Codes, Rules, and Regulations. The parties to this contract are required to comply with these laws, rules, and regulations and the following DBE Program requirements.

A. ELIGIBILITY OF DBEs. Only those DBE firms that are certified by the New York State Department of Transportation (NYSDOT) are eligible to be used for goal attainment on this contract. DBE certification is not an endorsement of the quality or performance of the business but simply an acknowledgement of the firm’s status as a DBE. In the event that the apparent Low Bidder, in good faith, proposes to use a firm that is listed as a certified DBE in the project proposal, and that firm is later found by the Owner to be ineligible or unable to perform, then the apparent Low Bidder will be required to substitute another certified firm on the kind needed to meet the goal, before the award, at no additional cost to the Owner.

B. GOAL. The Owner has established a utilization goal for DBEs which is expressed as a percentage of the total contract price. This goal is stated in the proposal and remains in effect throughout the life of the contract. In executing the contract or bid documents the Bidder declares that he/she subscribes to the utilization goal and must meet or exceed the goal or demonstrate that he/she could not meet it despite his/her best efforts. The contract goal is then considered to be a target or a minimum figure to which the Contractor commits as a part of his/her bidding for a Federal-aid project.

When the contract is awarded with DBE participation that is less than the contract goal, the Prime Contractor is required to continue good faith efforts, as defined in Section F, throughout the life of the contract in order to increase the DBE participation to meet or exceed the contract goal.

C. ZERO PERCENT GOAL. For contracts which have a 0% (zero percent) goal, the Bidder agrees to make good faith efforts to utilize certified DBEs for any subcontracts awarded by the Bidder in connection with the contract.

D. COUNTING DBE PARTICIPATION TOWARDS DBE GOALS. DBE participation shall be counted toward meeting the DBE goal in accordance with the following:

1. Subcontracting. If a firm is determined to be an eligible DBE, as defined in Section A, the total DBE agreed amount of the items of work to be performed by the DBE is counted toward the applicable DBE goal except as provided in paragraphs 2, 3, and 4 below.

2. Joint Ventures. Joint ventures between certified DBE firms and non-DBE firms as subcontractors will be counted toward the DBE goal in proportion to the percentage of ownership and control of each firm within the joint venture, subject to approval by the Owner of the joint venture agreement

B-10 to be furnished by the Bidder before award of the contract. The joint venture agreement must include a detailed breakdown of the following:

a. Contract responsibility of the DBE for specific contract items of work,

b. Capital participation of the DBE,

c. Specific equipment to be provided to the joint venture by the DBE,

d. Specific responsibilities of the DBE in the control of the joint venture,

e. Specific staffing and skills to be provided to the joint venture by the DBE, and

f. Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture.

In addition to these requirements, the DBE joint venture must perform a commercially useful function as a DBE subcontractor as defined in Section E.

3. Supplies (Regular Dealers), Manufacturers, and Fabricators. Count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers (regular dealers) and manufacturers in the amount noted below. The DBE supplier or manufacturer must assume the actual and contractual responsibility for the provision of the materials and supplies.

a. Count the entire expenditure to a DBE manufacturer. A manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the Contractor.

b. Count the entire expenditure to a DBE fabricator. A fabricator is a firm that substantially alters materials or supplies before resale.

c. Count 60% (sixty percent) of the expenditures to a DBE supplier. A supplier is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. It is a firm that engages in, as its principal business, and in its own name, the purchase and sale of the products in question. One who deals in bulk items such as steel, cement, gravel, stone, and petroleum products need not keep such product in stock, if it owns or operates distribution equipment.

d. The Bidder must indicate in the form of an explanation on the AAPHC-890, DBE Utilization

Worksheet, the item number(s) for the material supplied.

EXAMPLE:

ITEM NUMBER NAME LESS THAN 100% AMOUNT

619M17 Supply Temp. Concrete Barrier XX% $ Value

4. Trucking Services. Count toward the DBE goal the expenditure for trucking services provided by certified DBEs in accordance with the following:

a. Count the pro-rated value of trucking services provided by trucks owned or leased on a long-term basis by the DBE trucking firm. For the purposes of this Section, a long-term lease is a lease of six (6) months or more. Also, trucks that are leased on a long-term basis are leased without an operator.

b. Count the pro-rated value of trucking services provided by trucks hired or rented from other certified DBE trucking firms by the DBE trucking firm.

B-11

c. No credit will be received for the value of trucking services that are provided by trucks that are not owned, leased on a long-term basis, hired, or rented from certified DBE trucking firms.

Ten (10) trucks are needed to perform $50,000 of trucking services. The DBE who appears on the Utilization form will provide two (2) self-owned trucks and three (3) trucks hired from DBE trucking firms for a total of five (5) certified DBE trucks providing trucking services. The remaining five (5) trucks are not obtained from certified DBE trucking firms. In this situation, 50% (fifty percent), or $25,000, can be counted toward the DBE goal.

d. The Bidder must indicate in the form of an explanation the item number(s) for which the trucking services are to be performed, the type of trucking service to be performed (on-site

vs. off-site), and the corresponding dollar value for those services (per item).

ITEM NO. NAME LESS THAN 100% AMOUNT

99.99 Off-site Trucking Services for Item 403.11 XX% $ Value

e. The Bidder must provide, before award, the calculations and any pertinent documentation that support the dollar value or the proposed DBE trucking services. The Bidder must also provide before award a list of all proposed DBE trucking firms to be used on the project and the number of trucks to be provided by each proposed DBE trucking firm.

f. On-Site Trucking. For the purposes of this Section, on-site trucking is defined as: 1. Within the boundaries of the physical place where the construction will remain; 2. Off-site facilities that are dedicated exclusively to the performance of the contract and are so located in proximity to the actual construction location that it would seem reasonable to include them.

Trucking services provided for on-site trucking are considered to be a subcontracting activity.

The DBE trucking firm may not subcontract any portion of their on-site trucking operations.

g. Off-Site Trucking. For the purposes of this Section, off-site trucking is defined as: 1. Outside of the boundaries of the physical place where the construction will remain; 2. Off-site facilities that were established by a commercial supplier or materialman prior to award of the project and used for multiple customers. Trucking services provided for off-site trucking are not considered to be a subcontracting activity; it is considered to be a service.

h. The DBE trucking firm that appears on the Utilization form must control the day-to-day trucking operations on the project.

1. Negotiating and executing rental/leasing agreements;

2. Hiring and firing the work force;

3. Coordinating the daily trucking needs with the Prime Contractor;

4. Scheduling and dispatching trucks.

5. The Bidder must explain in writing the scope of work to be performed by the DBE for all items indicated as partial items at the time the Low Bidder submits the Utilization Package.

6. A DBE that holds a contract may not count its own utilization in the contract toward the DBE contract goal.

B-12

E. CONDITIONS OF PARTICIPATION. DBE participation will be counted toward meeting the DBE contract goal, subject to all of the following conditions:

1. Commercially Useful Function. The Prime Contractor is responsible for ensuring that DBEs performing work on the contract perform a commercially useful function. A DBE is considered to perform a commercially useful function when it is responsible for the execution of a distinct element of work on a contract and carries out his/her responsibilities by actually performing, managing, and supervising the work involved in accordance with normal industry practice (except where such practices are inconsistent with the DBE regulations). Regardless of whether an arrangement between the Contractor and the DBE represents standard industry practice, if the arrangement erodes the ownership, control, or independence of the DBE or in any way does not meet the commercially useful function requirement, the Contractor shall receive no credit toward the goal.

2. Work Force. The DBE firm must employ a work force (including administrative and clerical positions), separate and apart from that employed by the Prime Contractor, other subcontractors on the project, or their affiliates. This does not preclude the employment by the DBE of an individual that has been previously employed by another firm involved in the contract, provided that the individual was independently recruited by the DBE in accordance with customary industry practice. The routine transfer of work crews from another employer to the DBE shall not be allowed.

3. Supervision. All work performed by the DBE must be controlled and supervised by the DBE without duplication of supervisory personnel from the Prime Contractor or other subcontractors.

This does not preclude routine communication between the supervisory personnel of the DBE and other supervisors necessary to coordinate the work of the contract.

4. Equipment. DBE subcontractors may supplement their equipment by renting or leasing additional equipment in accordance with customary industry practice. However, no more than 50% of the equipment required to perform the work of the subcontractor may be obtained from the Prime Contractor, other subcontractors on the project, or their affiliates. If the DBE obtains equipment from any of those sources, the Owner shall obtain from the DBE documentation demonstrating that similar equipment and terms could not be obtained at a lower cost from other customary sources of equipment. The required documentation shall include, but not be limited to, copies of the rental or leasing agreements, and the names, addresses, and terms quoted by other sources of equipment

F. GOOD FAITH EFFORTS. To ensure that DBE firms are given the maximum practical opportunity to participate in the work of the contract, the Bidder must make good faith efforts to obtain DBE participation in order to fulfill the DBE contract goal. The Bidder's demonstration of good faith efforts must be at least extensive as, but not limited to, the following:

1. Efforts to utilize the services of minority and women community organizations; minority and women contractors groups; local, State, and Federal minority and women business assistance offices; and other organizations that provide assistance in the recruitment and placement of DBEs.

2. Attendance by a representative of the Bidder who is knowledgeable of the contract work at pre-bid, pre-award, and/or other meetings, if any, scheduled by the Owner to inform DBEs of subcontracting and other opportunities for participation in a specific contract. At these meetings, the Bidder's representative will explain the required contract work and solicit the interest of the DBE attendees in any specific portions of the work.

3. Efforts to secure participation by certified DBE firms. Only DBEs certified by the NYSDOT shall

B-13 be used to fulfill goals on federally funded projects.

4. Written solicitation of DBEs. A written solicitation inquiry will be sent to all DBE firms and, when necessary, minority and women's business associations when necessary in order to meet DBE goals. Notification must be made in a timely fashion such that the DBEs contacted have a reasonable period of time in which to respond. The Bidder's solicitation will cover certified DBEs listed in the Registry of Disadvantaged Business Enterprises maintained by the Office of Civil Rights (OCR) of the NYSDOT. Such geographic limits are not acceptable as good faith efforts for work typically subcontracted to non-DBE firms on a statewide basis, e. g., pavement markings, guide rail, etc. It will be mandatory for the Bidder to contact all DBEs who have expressed interest in the specific contract to the Bidder and to document efforts taken to secure their participation in the contract and in any future work.

5. Efforts to select portions of the work proposed to be performed by DBEs in order to increase the likelihood of achieving the contract goal. Where certified DBEs have expressed interest to the Bidder in performing certain work that the Bidder normally performs with his/her own forces, and the contract goal has not otherwise been attained, the Bidder will be required to subcontract such work or portions of it in order to meet the goal.

6. Efforts to negotiate with DBEs for specific subcontracts. Price alone will not be an acceptable basis for rejecting DBE bids, unless it can be shown that no reasonable price can be obtained from a DBE.

7. Efforts to assist the DBEs contacted which needed assistance in obtaining bonding or insurance required by the Bidder or the Owner. Difficulties encountered by the DBE in obtaining bonding or insurance required by the Bidder will not be acceptable reasons for the Bidder's failure to meet the contract goal.

8. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Apr 2, 2024.