US CUSTOMARY UNITS

P.I.N. 1762.79

Federal Aid Project D#: D040993

PROPOSAL

Submitted in accordance with the Highway Law and the NYSDOT

Standard Specifications officially finalized and adopted on May 1, 2026, as posted on the Department's website.

Proposal Description:

Replacement of the Bradford Hill Road (CR7) over Putnam Creek

Superstructure, BIN 3301850

Town of Crown Point, Essex County

LETTING TIME & DATE:

2:00 PM, Thursday, July 30th, 2026

LETTING LOCATION:

Essex County Purchasing Department

7551 Court St., Elizabethtown, New York 12932

Prepared By: Prepared For:

Azar Design Co Essex County

435 New Karner Rd. Department of Public Works

Albany, New York 12205 8053 U.S Route 9

Elizabethtown, New York 12932

THIS PROJECT CONTAINS FEDERAL REQUIREMENTS

BID #260067

This Page Left Intentionally Blank

PROPOSAL FOR CONSTRUCTION OF

Replacement of the Bradford Hill Road (CR7) over Putnam Creek

Superstructure, BIN 3301850

PIN 1762.79

Contract D#: D040993

BID #260067

February 2026

435 New Karner Road • Albany, NY 12205 main: 518.452.1037

Note: It is a violation of law for any person, unless they are acting under the direction of a licensed professional engineer, architect, landscape architect, or land surveyor, to alter an item in any way. If an item bearing the stamp of a licensed professional is altered, the altering engineer, architect, landscape architect, or land surveyor shall stamp the document and include the notation "altered by" followed by their signature, the date of such alteration, and a specific description of the alteration.

INSTRUCTIONS TO BIDDERS & GENERAL REQUIREMENTS

1. In submitting a bid, a Bidder agrees to be bound by the requirements set forth in the following general conditions. Whenever reference is made to the term “Contractor” this shall include the party with whom the County has entered into an agreement, as well as any subcontractors whom the Bidder has engaged.

2. A complete set of documents shall be used to prepare a response to this request. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of the documents or documents that were not directly issued by Essex County or Essex County’s designated representative. Any Vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from a third party shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the Purchasing Department.

3. Award. The County has endeavored to incorporate within these specifications all the elements which it reasonably anticipates will be required to obtain responses f rom qualif ied Bidders. In submitting a bid, you are agreeing to provide goods or services consistent with these specifications. The bid will be awarded to the lowest responsive and responsible Bidder meeting the specifications.

An award letter will be issued by Essex County. If two or more Bidders submit identical bids as to price, the decision of the County to award a contract to one of such Bidders shall be final. This contract shall be deemed executory only to the extent of the monies appropriated and available f or the purpose of the contract, and no liability on account thereof shall be incurred by the purchaser beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or office creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract. The bid documents and Notice of Award shall be the agreement between the County and successf ul Contractor with respect to the matters dealt with herein, and such shall supersede all other oral and written proposals, representations, understandings, and agreements previously made or existing “with respect to” any such matter.

4. Verbal explanations or instructions provided by a County employee regarding this solicitation shall not be binding on the County and shall be considered informal unless confirmed in writing. Formal requests for clarification or questions regarding the terms of this bid should be directed via email to: linda.wolf@essexcountyny.gov or Daniel.Sadowski@essexcountyny.gov, or in writing to the

Essex County Purchasing Department, 7551 Court Street, PO Box 217, Elizabethtown, New York

12932. Any information given to a Bidder in response to a formal request will be furnished to all Bidders as an amendment to this solicitation if such information is deemed necessary for the preparation of bids, or if the lack of such information would be detrimental to the submission of unif orm bids. Only such amendments when issued by Essex County or Essex County’s designated representative will be considered as being binding on the County. The County or Essex County’s designated representative will issue no response to any request for clarification received within six (6) days of the due date.

mailto: linda.wolf@essexcountyny.gov mailto: daniel.sadowki@essexcountyny.gov

5. Indemnification. The successful Bidder agrees to defend, indemnify, and hold harmless the County of Essex, its officers, agents, or employees for any and all claims arising which relate to its performance of this bid or any contract arising from the Bidder’s successful bid. It is agreed that the Bidder shall be held responsible for any loss, personal injury, death, and/or damage that may be done or suffered by reason of the Bidder’s negligence or failure to perform any of the obligations defined by this bid. The Bidder agrees to defend the County in any action or suit brought against the County arising out of the Bidder’s negligence, errors, acts, or omissions under this agreement.

The negligence of any agent, servant, or employee of the Bidder is deemed to be the negligence of the Bidder within the meaning of this paragraph.

6. It is understood that the successful Contractor is an independent Contractor and shall not be considered an agent of the County, nor shall any of the Contractor’s agents or employees be considered subagents for the County.

7. FOIL Requests. The New York State Freedom of Information Law (FOIL), as set forth in Public

Officers Law, Article 6, mandates public access to certain government records. Generally, proposals submitted in response to this solicitation may constitute government records subject to FOIL. Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position.

The County shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”) provided that: (i) the Contractor shall timely inform an appropriate County official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the County’s right or obligation to disclose in litigation.

IMPORTANT BIDDER INFORMATION

The pages in this proposal are lettered or numbered consecutively. In the event that any pages are missing or are illegible, a replacement copy shall be furnished free of charge upon request. The pages in the plans are also lettered or numbered. In the event that any pages are missing or illegible, a replacement copy shall be furnished free of charge upon request.

This is a federally aided contract subject to the approval of the New York State Department of

Transportation (NYSDOT). Whenever municipal contract terms and requirements differ from federal requirements, the federal requirements will prevail.

1. Before you hand in your Bid, double check your computations. Make sure the figures reflect the intent and check decimal points. Enter a numeric figure for every unit price, and an extension in the total amount bid column.

2. Make sure you have Bid on All Items. If it is your intent to bid "0", use numeric and written symbols.

Leaving blank spaces can render your bid informal. See §102-05 PROPOSAL SUBMISSION, of the Standard Specifications.

3. Make sure you sign the Bid. See §102-05 PROPOSAL SUBMISSION, of the Standard Specifications.

4. Eligibility to bid on this contract is not subject to residence or geographic restrictions.

5. Refer to the Equal Employment Opportunity Requirements in Section 2 of these Bid Documents for the minority and female employment goals. See Section 2 of these Bid Documents for DBE goals.

There are no individual M/WBE or SDVOB goals in this contract. Bidder is required to submit an AAP 14LL & CONR 80LL with their bid. See note 10 for additional information.

6. Amendments to the Bid Documents during the bid period shall be provided to all plan holders of record (plan holders of record are those entities that have obtained at least one copy of the Bid Documents) in accordance with section §102-05 PROPOSAL SUBMISSION of the Standard Specifications. Amendments shall be posted on the Essex County Website. All plan holders of record shall provide contact information to which amendments are to be sent (contact information shall include contact person’s name, firm’s name, firm’s address, firm’s phone number, e-mail address, etc.). Said contact information shall be provided to the engineer and owner, in writing, within 24 hours of receipt of Contract Documents.

7. If Federal Davis-Bacon wage rates differ from New York State prevailing wage rates, then the higher of the two rates shall be paid.

8. Familiarize yourself with NYSDOT's Standard Specifications. NYSDOT currently uses Electronic Standard Specification books. The version that applies to this contract is stated on the cover of the Contract Proposal. These may be accessed at https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc

9. Procurement Lobbying Law. https://www.dot.ny.gov/main/business-center/consultants/consultants-repository/pll_gandp_v1.pdf. NYS Finance Law restricts communication with Sponsor personnel on procurements and contact can only be made with designated persons. Contact with non-designated persons or other involved Agencies will be considered a serious matter and may result in disqualification. Contacts are for technical questions, the Responsible Local Official (RLO), or his/her designate shown on Page 14 of this proposal.

10. DBE Goals. This contract is federally funded and has a DBE goal of 0%. NYSDOT Standard Specification

§102-12 (DBE Participation Package), indicates that all bidders shall submit a complete DBE Participation

Package with their proposal. The DBE Participation Package shall include confirmed DBE commitments; DBE confirmation on provided forms (i.e., AAP 20, AAP 22, and AAP 23), for each DBE firm for the kind and amount of work shown in the Bidder’s commitments; and good faith effort documentation (if required). No additions, substitutions or deductions to the DBE commitments identified at time of letting will be considered as part of the DBE Participation Package. See Appendix 12-10 DBE Commitment AAP 14LL (previously Appendix 14-

9) to assist the Sponsor in collecting the information from proposed bidders.

In addition, per 49 CFR 26.11, all Bidders shall submit with their bid proposal a Bidder’s List (i.e., CONR 80LL Bidder’s List Appendix 12-11) which contains information for all Subcontractors, both

DBEs and non-DBEs, who provided quotes on the contract. The Bidder’s List shall include the

Subcontractor’s name, work code applicable to each scope of work the Subcontractor sought to perform in its quote, and additional Subcontractor information. Failure to submit the required

Bidders List information may result in rejection of the bid.

11. Bonds. Statutes require that a low bidder file both a Performance Bond and a Labor and Material Bond for the full amount of the contract. Arrangements should be made with a Surety prior to submitting a bid. Failure to secure bonding could result in the loss of your bid deposit. See NYS DOT Standard Specifications §103-03 Contract Bonds.

12. Bid Security. THE BIDDER MUST SUBMIT A BID SECURITY WITH EACH BID. Every proposal shall be accompanied by (1) a bid bond or (2) a certified check payable to Essex County Treasurer or (3) a bank cashier’s check payable to Essex County Treasurer. If the Bidder elects to submit a bid bond, it shall be acceptable to the Essex County Attorney. If the Bidder elects to submit a certified check or bank cashier’s check for a bid deposit, it shall be 5% of the total bid. See NYSDOT Standard Specifications §102.06 – Bid Deposit.

13. Business Support Services available for DBEs. NYS DOT's Office of Civil Rights (OCR) administers programs that provide technical and business assistance to NYS CUP-certified DBEs. For more information visit https://www.dot.ny.gov/main/business-center/civil-rights/dbe-ojt

14. Do not alter the Bid Proposal unless directed to do so by Amendment. See NYS DOT Standard

Specifications §102-05 Proposal Submission.

15. Modification or Withdrawal of Proposal. Permission will not be given to modify or explain by e-mail, telephone, letter or otherwise, any proposal after it has been deposited with the Department. Paper proposals may be withdrawn before the time designated for opening by submitting a request to the Director, Contract management Bureau, on company letterhead and signed by an officer of the company who possess appropriate binding contracting authority for such company. See

NYSDOT Standard Specifications §102-07 Modification or Withdrawal of Proposal.

16. The Contractor is responsible for ensuring that all Amendments have been incorporated into its bid.

Bid on all items and sign the bid. See NYS DOT Standard Specifications §102-05 Proposal Submission.

17. Bids should be submitted to the Sponsor in a sealed envelope prominently labeled "BID ENCLOSED" and addressed to the Sponsor with, The Com pany Nam e, Street Address, Federal Identification

Number, Project Number and Project Description should be clearly marked. Your Federal

Identification Number on the envelope should be the same number used to buy plans. The bids can be submitted via USPS or delivery service, or hand delivered to the purchasing office. Low bidders must have a current NYS Vendor Responsibility Questionnaire For-Profit Construction (CCA-2) on file or submit one within 10 days of receipt of the contract. Questionnaires are available at https://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info or can be obtained by calling (518) 457-1564.

PROJECT SCHEDULE

CONTRACT DESCRIPTION: REPLACEMENT OF BRADFORD HILL ROAD (BIN 3301850) SUPERSTRUCTURE

OVER PUTNAM CREEK

NOTICE TO BIDDERS: 7/9/2026

BID OPENING DATE: 7/30/2026

ESTIMATED START DATE: Upon Notice to Proceed

ROADWAY OPENED TO VEHICULAR TRAFFIC: 12/31/2026

CONSTRUCTION COMPLETION: 6/1/2027

ADVERTISEMENT TO BID

Notice is hereby given that Essex County will accept sealed bids for:

Replacement of the Bradford Hill Road (CR7) over Putnam Creek

Superstructure, BIN 3301850

PIN 1762.79

D#: D040993

The Owner is Essex County, and the work site is located in the Town of Crown Point. The project's limits extend from approximately 133 ft west and 126 ft east of Bradford Hill Road (CR7) over Putnam Creek .

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 removal and replacement with a new steel multi-girder superstructure and composite concrete deck, and partial substructure removal and extension.

Stone filling will be added for scour protection. The existing guide rail will be removed and replaced and the approach pavement will be reconstructed. The proposed work zone traffic control will utilize an offsite detour.

This is a Locally Administered Federal Aid Project and NYSDOT Standard Specifications, officially finalized and adopted on May 1, 2026, 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%

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

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://www.dot.ny.gov/main/business-center/civil-rights2/civil-rights-repository/Tab/20171010_EBO_Vendor_Login_Request_Form.pdf

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, will be uploaded to the Essex

County Purchasing Department’s webpage at the following address:

https://www.co.essex.ny.us/bidders/publicbids.aspx. They may also be examined, at no expense, at the

Purchasing Office, 7551 Court Street, Elizabethtown, New York 12932, Azar Design Co at 435 New Karner Road, Albany, New York 12205 between the hours of 9:00 am and 3:00 pm Monday through Friday, or Essex County

Purchasing Department at 7551 Court Street, PO Box 217, Elizabethtown, New York 12932.

No questions or inquiries regarding this bid will be accepted within six (6) days prior to the bid opening.

Contractors that obtain Contract Documents from a source other than the issuing office must notify the

Essex County purchasing 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 uploaded to the Essex County website. Each bidder is required to review all addenda when submitting a bid. Bidders must acknowledge receipt of all Addenda by signing and dating each

Addendum on page 81 of the Bid Form and the Acknowledgement of Receipt of Addenda, page 81. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve 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 either Linda Wolf or Daniel Sadowski through email at: linda.wolf@essexcountyny.com or Daniel.sadowski@essexcountyny.gov. Bidders shall promptly notify the County of any errors, omissions, conflicts, or ambiguity within the Contract

Documents within five (5) business days of bid opening.

All bids must include the completed Bid Form, Iran Certification, Federal Contract Clauses, Non-Collusive

Bidding and Disbarment Certifications, and Lobbying Certifications. 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. The bidders will be required to provide an original copy with signatures and two (2) photocopies of their bid package.

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 Essex County Purchasing Department at 7551

Court Street, PO Box 217, Elizabethtown, New York 12932 by 2:00 PM, local time, on Thursday, 07/30/2026 at which time they will be opened and read. Bids received after the above noted time will not be accepted. All sealed envelopes shall be clearly labeled “REPLACEMENT OF THE BRADFORD HILL ROAD (CR7) OVER PUTNAM

CREEK SUPERSTRUCTURE” on the outside of the envelope along with the name and address of the bidder.

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. 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/profit-construction-questionnaire-cca-2

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.

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

The work will begin thirty (30) calendar days from Notice to Proceed and ready for final payment on 6/1/2026.

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.

*END OF ADVERTISEMENT*

PROJECT TITLE SHEET

COUNTY: ESSEX COUNTY

PROJECT DESCRIPTION:

REPLACEMENT OF THE BRADFORD HILL ROAD (CR7) OVER PUTNAM CREEK SUPERSTRUCTURE, BIN 3301850

CAPITAL PROJECT IDENTIFICATION NUMBER (P.I.N.): 1762.79

DEPOSIT REQUIRED: 5% of total bid (Bid bond, Certified check, bank cashier’s check, or irrevocable standby letter of credit from a bank).

FINAL COMPLETION: The Contractor will start the work within thirty (30) days of receipt of the written

Notice to Proceed issued by the Sponsor.

The Contractor shall have the road open to vehicular traffic, no later than December 31, 2026 and shall complete all work no later than June 1, 2027.

Please direct all questions as they relate to this bid to the Essex County purchasing agents.

SPONSOR CONTACTS

James Dougan, Superintendent

Tel: (518) 873-3739

Email: James.Dougan@essexcountyny.gov

Daniel Sadowski, Asst Budget Officer Tel: (518) 873-3719

Email: daniel.sadowski@essexcountyny.gov

Linda Wolf, Purchasing Agent

Tel: (518) 873-3332

Email: linda.wolf@essexcountyny.gov

BIDDERS ARE HEREBY ADVISED THAT THE SPONSOR MAY EXERCISE ITS RIGHTS TO REJECT ANY PROPOSAL, PURSUANT TO SECTION 103-01 OF THE STANDARD SPECIFICATIONS, IN WHICH BID PRICES APPEAR IN THE

SPONSOR’S JUDGMENT TO CONSTITUTE AN UNBALANCED BID FOR THE WORK.

UPON BEING IDENTIFIED AS THE APPARENT LOW BIDDER, A COMPLETED NEW YORK STATE UNIFORM

CONTRACTING QUESTIONNAIRE (NYSUCQ) CCA-2 FORM MUST BE FILED AND APPROVED PRIOR TO THE

AWARD OF A CONTRACT OR APPROVAL TO SUBCONTRACT. THE QUESTIONNAIRE WILL GENERALLY

COVER ALL LOW BIDS OR SUBCONTRACT REQUESTS FOR ONE CALENDAR YEAR. QUESTIONNAIRES CAN

BE OBTAINED AT THE WEBSITE BELOW.

NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS

1. The NYSDOT Standard Specification May 1, 2026, 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

NSDOT Office of Contract Management at (518) 457-1564. Please note if you file online through the

OSC site, a responsibility review must still be completed by NYSDOT before work can start.

Therefore, once certified on-line, you must notify NYSDOT via email at

VendorResponsibility@dot.ny.gov which will initiate the review process. If you file online and do not notify NYSDOT within 3 months, it may be necessary for you to resubmit and recertify, restarting the process.

Table of Contents

PROPOSAL SECTION PAGE NO.

PROJECT COVER SHEET 1

IMPORTANT BIDDER INFORMATION 7

ADVERTISEMENT FOR BIDS 10

PROJECT TITLE SHEET 14

TABLE OF CONTENTS 17

SECTION 1 - RETURN WITH BID DOCUMENTS 20

DBE COMMITMENT FORM (AAP 14LL) 22

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILTY AND

VOLUNATARY EXCLUSION

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING 24

FALSE CLAIMS CERTIFICATION 25

NON-COLLUSIVE BIDDING CERTIFICATIONS 26

CERTIFICATIONS FOR FEDERAL AID CONTRACTS 31

LOBBYING ACTIVITIES 33

OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS 37

COMBINED CERTIFICATIONS FORM 39

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS 45

BID DEPOSIT 65

BID BOND 67

ITEMIZED BID TABS 69

ITEMIZED PROPOSAL 80

FEDERAL CONTRACT CLAUSES

SECTION 2 - REQUIRED CONTRACT PROVISIONS 82

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION REQUIREMENTS 84

EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS 86

SUPPLEMENTAL TITLE VI PROVISIONS 90

IRAN DIVESTMENT ACT 91

DIFFERING SITE CONDITIONS 93

SIGNIFICANT CHANGES IN THE CHARACTER OF WORK 95

SUSPENSIONS OF WORK DIRECTED BY THE ENGINEER 97

SECTION 3 – SUPPLEMENTAL INFORMATION 99

CONR 9 (3/11) - SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS 101

PERMITS 103

SECTION 4 – DEFINITIONS AND TERMS 105

SECTION 5 - SPECIAL NOTES 109

SECTION 6 – SPECIAL SPECIFICATIONS & REVISIONS TO STANDARD SPECIFICATIONS 144

Hot-Dip Galvanizing of Structural Steel 146

Temporary Wood Support 147

Cutting Pavement 142

SECTION 7 - PREVAILING WAGE RATES 150

Special Note Prevailing Wage Rates 152

NYSDOL Wage Rates 154

Federal Wage Rates 174

SECTION 8 – SPONSOR CONTRACT AGREEMENT 205

Agreement Between Owner and Contractor 207

SECTION 9 – ESSEX COUNTY SUPPLEMENTAL INFORMATION 218

EXHIBIT C – INSURANCE REQUIREMENTS 218

APPENDIX D – ESSEX COUNTY STANDARD CLAUSES 219

CHANGE ORDER 239

INFORMATION FOR BIDDERS 240

GENERAL CLAUSES 247

STANDARD SPECIAL CLAUSES – ROAD & BRIDGE CONSTRUCTION CONTRACTS 259

W9 FORM 265

SECTION - 1

DBE COMMITMENT FORM (AAP 14LL)

CERTFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

FALSE CLAIMS CERTIFICATION

NON-COLLUSIVE BIDDING CERTIFICATIONS

CERTIFICATIONS FOR FEDERAL AID CONTRACTS

LOBBYING ACTIVITIES

OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

COMBINED CERTIFICATION FORM

REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS

BID DEPOSIT

BID BOND

ITEMIZED BID TABS

ITEMIZED PROPOSAL AND ACKNOWLEDGMENT OF ADDENDA SIGNATURE SHEET

RETURN WITH BID DOCUMENTS

FEDERAL CONTRACT CLAUSES

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

REVISED October 2023

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.

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.

NON-COLLUSIVE BIDDING CERTIFICATIONS

(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."

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).

NON-COLLUSIVE BIDDING CERTIFICATION BIDDER INFORMATION

Bidder to provide information listed below:

Bidder Address:

Street or P. O. Box No.

City

State ZIP

Federal Identification No.:

Name of Contact Person:

Phone # of Contact Person:

If Bidder is a Corporation:

President's Name & Address:

Secretary's Name & Address:

Treasurer's Name & Address:

If Bidder is a Partnership:

Partner's Name & Address:

Partner's Name & Address:

If Bidder is a Sole Proprietorship:

Owner's Name & Address:

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.

CERTIFICATION FOR FEDERAL AID CONTRACTS

The prospective participant 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 Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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.

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 $10,000.00 and not more than $100,000.00 for each such failure.

The prospective participant 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

$100,000.00 and that such subrecipients shall certify and disclose accordingly.

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee 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 subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee”, 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.

(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).

11. 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.

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)

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

a. contract a.

bid/offer/applicati on

a. initial filing

b. grant

c. cooperative agreement

d. loan

b. initial award

c. post-award

b. material change

For Material Change Only:

year quarter

e. loan guarantee date of last report

f. loan insurance

4. Name and Address of Reporting Entity:

Prime Subawardee

Tier, if known:

5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and

Address of Prime:

Congressional District, if known:

Congressional District, if known:

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

(if individual, last name, first name, MI):

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

(last name, first name, Ml):

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:

Print Name:

Title:

Telephone No.: Date:

Federal Use Only:

Authorized for Local

Reproduction

Standard Form LLL (Rev.

7-97)

REQUIREMENTS REGARDING LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS

DISCLOSURE OF LOBBYING ACTIVITIES

Continuation Sheet Approved by OMB 0348- 0046

Authorized for Local Reproduction - Standard Form LLL

Reporting Entity: Page of

Offeror Disclosure of Prior Non-Responsibility Determinations

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

Name and Title of Person…