MEXIS_APP.BC_CONST_NOTICE_ADMIN (15).pdf

PROPOSAL

D265837

NO PLANSF.A. PROJECT

Book 2 of 2

Submitted in accordance with the Highway Law and with the Standard Specifications and Standard Sheets officially finalized and adopted on September 1, 2026 as posted on the Department's website.

US CUSTOMARY UNITS

Proposal Description:

STANDBY WHERE AND WHEN

PAVEMENT MARKINGS for 2027 - Various Locations in Region 4.

Letting of 11/12/2026 @ 10:30 A.M.

50 Wolf Road, Albany, NY 12232

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IMPORTANT BIDDER INFORMATION

1. Familiarize Yourself with the Standard Specifications. Make sure to use the current version of the

NYSDOT Standard Specifications, as stipulated on the front cover of this Project Proposal.

Standard Specifications may be accessed at:

www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc.

2. Upcoming Projects/Contract Documents/Letting Results.

Advertisements are available at: www.dot.ny.gov/doing-business/opportunities/const-highway, Contract Documents at: www.dot.ny.gov/doing-business/opportunities/const-notices, and Letting Results at: www.dot.ny.gov/doing-business/opportunities/const-results.

3. Procurement Lobbying Law. NYS Finance Law restricts communication with NYSDOT personnel on procurements; contact can only be made with designated persons.

Contact with non-designated persons or other involved Agencies may result in disqualification.

Project-related technical questions or comments must be submitted through the NYSDOT website at:

www.dot.ny.gov/doing-business/opportunities/const-notices.

All other questions should be submitted through the website or directed to the Assistant Director/

Director of the Office of Contract Management, (518) 457-2124.

4. DOL Contractor Certification. Contractors must be registered with the NYS Dept. of Labor (DOL) prior to submitting a bid. Bids from unregistered Contractors shall be declared Informal.

www.dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing.

5. DBE/MBE/WBE/SDVOB Goals. Federally funded contracts have a Disadvantaged Business

Enterprise (DBE) goal, and 100% State funded contracts have Minority Business Enterprise (MBE), Women’s Business Enterprise (WBE) and Service-Disabled Veteran-Owned Business (SDVOB) goals.

Effective as of February 20, 2025, for Federally funded contracts, all Bidders are required to submit a complete DBE Participation Package, which includes a Summary of DBE Commitments, DBE confirmations, and Good Faith Effort documentation (if required) with their bid, as well as a Bidder’s

List (i.e., a completed CONR 80 form with information about all quotes from DBE and non-DBE

Subcontractors received prior to letting).

MBE/WBE/SDVOB Participation Packages must be submitted to the Office of Construction in accordance with §102-12 DBE/MBE/WBE/SDVOB Participation. Solicitation of DBEs, MBEs, WBEs, and SDVOBs should begin as soon as the contract is advertised for letting.

6. 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 §103-03 Contract Bonds.

7. Bid Security. Every bid must be accompanied by a bid bond, certified check or bank cashier's check payable to the NYS Department of Transportation, in the sum of the amount shown on the proposal title page. Bonds must be on form CONR 391. Electronic bids must include an electronic bid bond.

D265837 https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc http://www.dot.ny.gov/doing-business/opportunities/const-highway http://www.dot.ny.gov/doing-business/opportunities/const-notices http://www.dot.ny.gov/doing-business/opportunities/const-results http://www.dot.ny.gov/doing-business/opportunities/const-notices http://www.dol.ny.gov/public-work-contractor-and-subcontractor-registry-landing

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8. New York State Can Help You Secure Surety Bonding. The NYS Surety Bond Assistance Program

(NYSBAP) provides technical and financial assistance to help New York State small business or

M/WBE contractors secure bonding. Contractors may be eligible to receive a guarantee of up to 30% to secure a surety bond line, bid bond or a performance and payment bond on State projects. Training is also available to contractors requiring technical support on how to become bond-ready.

For more information visit:

https://esd.ny.gov/doing-business-ny/new-york-state-surety-bond-assistance-program or contact Ms. Huey-Min Chuang at Empire State Development, (212) 803-3238, BAP@esd.ny.gov.

9. The Contractor is Responsible for Ensuring that All Amendments Have Been Incorporated into

Its Bid. Amendments are posted at: www.dot.ny.gov/doing-business/opportunities/const-notices.

Do not alter the Bid Proposal unless directed to do so by Amendment. Unauthorized alterations could lead to your bid being declared Informal (§102-05 Proposal Submission).

Zero-dollar bids are not allowed for any item.

Bid on all items and sign the bid. (§102-04 Proposal Content).

10. Bids Should Be Submitted through Bid Express or in a Sealed Envelope (a.k.a., a Paper Bid).

For a Paper Bid, the Sealed Envelope should be prominently labeled “BID ENCLOSED”, with the Contractor Name, Address, Federal Identification Number, Contract D#/ Project Identification

Number (PIN) and Project Description on the envelope.

Paper Bid submittals must be addressed to NYSDOT, Office of Contract Management, 50 Wolf

Road, First Floor, Suite 1CM, Albany NY 12232 and delivered prior to the proposal due date and time, during normal business hours (Monday through Friday, 7:00 am to 4:00 pm).

The same Federal Identification number should be used on both the envelope and contractor requests to be added to the Planholders List.

Low bidders must have a current NYS For-Profit Construction Vendor Responsibility Questionnaire

(CCA-2) on file or submit one within 10 days of receipt of the contract. Questionnaires are available at: www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info.

Please call (518) 457-2124 if a reasonable accommodation is needed to participate in the Letting.

D265837 https://esd.ny.gov/doing-business-ny/new-york-state-surety-bond-assistance-program mailto:BAP@esd.ny.gov http://www.dot.ny.gov/doing-business/opportunities/const-notices http://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info

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REQUIRED CONTRACT PROVISIONS

EEO Goals

DBE/ MBE /WBE/SDVOB Goals

Form CONR 9

Electronic Bidding

Federal Aid Contract Provisions

Insurance Coverage

List of Additional Insured

Railroad Insurance

New York State Uniform Contracting Questionnaire

NOTE: This form was developed for repetitive use throughout all contract proposals and may identify items not applicable to this specific project.

D265837 23

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY (EXECTIVE ORDER 11246)

1. The Bidder’s attention is called to the “Equal Opportunity Clause” and “Standard Federal Equal Employment Specifications” set forth herein. The Contractor shall also follow the requirements of §102-11 Equal Employment Opportunity Requirements.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, which is the county or counties in which the work is located, are as follows:

GOALS FOR PARTICIPATION OF MINORITIES

COUNTY % COUNTY % COUNTY %

Albany 3.2 Herkimer 2.1 Richmond Table

Allegany 6.3 Jefferson 2.5 Rockland 22.6 Broome 1.1 Kings Table St. Lawrence 2.5 Bronx Table Lewis 2.5 Saratoga 3.2 Cattaraugus 6.3 Livingston 5.3 Schenectady 3.2 Cayuga 2.5 Madison 3.8 Schoharie 2.6 Chautauqua 6.3 Monroe 5.3 Schuyler 1.2 Chemung 2.2 Montgomery 3.2 Seneca 5.9 Chenango 1.2 Nassau 5.8 Steuben 1.2 Clinton 2.6 New York Table Suffolk 5.8 Columbia 2.6 Niagara 7.7 Sullivan 17.0 Cortland 2.5 Oneida 2.1 Tioga 1.1 Delaware 1.2 Onondaga 3.8 Tompkins 1.2 Dutchess 6.4 Ontario 5.3 Ulster 17.0 Erie 7.7 Orange 17.0 Warren 2.6 Essex 2.6 Orleans 5.3 Washington 2.6 Franklin 2.5 Oswego 3.8 Wayne 5.3 Fulton 2.6 Otsego 1.2 Westchester 22.6 Genesee 5.9 Putnam 22.6 Wyoming 6.3 Greene 2.6 Queens Table Yates 5.9

Hamilton 2.6 Rensselaer 3.2

(45 FR 65976 – 10/3/1980)

GOALS FOR PARTICIPATION OF MINORITIES

BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND COUNTIES

Electricians 9.0 to 10.2 Bricklayers 13.4 to 15.5

Carpenters 27.6 to 32.0 Asbestos workers 22.8 to 28.0

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

Elevator constructors 5.5 to 6.5 Boilermakers 13.0 to 15.5

All others 16.4 to 17.5

GOAL FOR PARTICIPATION OF WOMEN

The goal for the participation of women is 6.9%. (43 FR 14888 – 4/7/1978)

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These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of New York State, it shall apply the goals established for the geographical area where the work is actually performed. With regard to this second area, the Contractor is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this Notice, and in the contract resulting from this solicitation, the “covered area” is described on the Project Title Sheet located in the Contract Proposal.

D265837 25 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-41%2Fpart-60-4&data=05%7C01%7CErica.Gundrum%40dot.ny.gov%7Cf178ce0c498b4f9d647808dae3952e99%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638072527110257055%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=LB74SvETbNgRz4yzBwI6zw%2FLzCzXAP1ZsskTXFEdEcY%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-41%2Fsection-60-4.3%23p-60-4.3(a)&data=05%7C01%7CErica.Gundrum%40dot.ny.gov%7Cf178ce0c498b4f9d647808dae3952e99%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638072527110257055%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ZGKeAfwMKsE5Kv6JJ2RyHRidmjwvjclnxdEcuCCJ1RU%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ecfr.gov%2Fcurrent%2Ftitle-41%2Fpart-60-4&data=05%7C01%7CErica.Gundrum%40dot.ny.gov%7Cf178ce0c498b4f9d647808dae3952e99%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638072527110257055%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=LB74SvETbNgRz4yzBwI6zw%2FLzCzXAP1ZsskTXFEdEcY%3D&reserved=0

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DBE/MBE/WBE/SDVOB PARTICIPATION GOALS

The Department has established the following participation goal(s) for this contract, expressed as a percentage of the total contract bid amount.

The DBE program applies to Federal-Aid contracts; the MBE, WBE, and SDVOB programs apply to Non-Federal-Aid contracts. For more information see Standard Specifications §102-12 or call the Office of Construction Pre-Award Unit at (518) 457-6472.

Disadvantaged Business Enterprise (DBE) Goal % (Federal-Aid Only)

Minority Business Enterprise (MBE) Goal % (Non Federal-Aid Only)

Women's Business Enterprise (WBE) Goal % (Non Federal-Aid Only)

Service-Disabled Veteran-Owned Business (SDVOB) Goal % (Non Federal-Aid Only)

The NYSUCP DBE Directory is located at: https://nysucp.newnycontracts.com/

The NYS M/WBE Directory is located at: https://ny.newnycontracts.com/

The NYS SDVOB Directory is located at: https://online.ogs.ny.gov/SDVOB/search

D26583726 https://nysucp.newnycontracts.com/ https://ny.newnycontracts.com/ https://online.ogs.ny.gov/SDVOB/search

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PARTICIPATION GOALS FOR RESPONSE CONTRACTS

This contract has a significant amount of work for which the specific work and location is undefined or partially defined at time of letting.

Pre-Award:

• Bidders are not required to submit an M/WBE Participation Package prior to award of the contract.

However, the M/WBE goal(s) remain in effect throughout the life of the contract. In executing the contract or bid documents, the Bidder declares that it subscribes to the participation goal(s) and shall meet the goal(s) or demonstrate that it could not meet them despite its best efforts.

Post-Award:

• When a Work Order is issued, the Contractor shall review the scope of the work and identify opportunities to utilize M/WBEs. The Contractor shall solicit M/WBEs that are certified to perform work or supply materials for each specific Work Order issued during the contract. The Contractor shall record all M/WBE contact/responses using form AAP 10 DBE/MBE/WBE/SDVOB Solicitation Log.

• The Contractor shall assign M/WBEs to the applicable contract pay items in EBO and enter the agreed-upon dollar amount for all commitments.

• For each M/WBE Manufacturer, Fabricator, Material Supplier (including equipment rental without operator), Broker or DBE Distributor, the Contractor shall be responsible for the collection, review and submission of a fully executed DBE confirmation form (i.e., AAP 22 DBE/MBE/WBE/SDVOB Material Commitments / Confirmation) affirming that the responses received by the proposed M/ WBE, indicate the performance of a commercially useful function and will be consistent with the preliminary counting of such participation toward the contract goal. A separate AAP 22 must be submitted for each separate and distinct contract pay item number(s) of the materials, supplies, articles, or equipment to be manufactured, fabricated, supplied, or otherwise provided. If the material, supplies, articles, equipment or service does not correspond to a specific contract pay item, the Bidder shall use a contract pay item(s) to which the activity relates.

• For each M/WBE Trucking Firm, the Contractor shall indicate, in the M/WBE confirmation form (i.e., AAP 23 DBE/MBE/WBE/SDVOB Trucking Commitments / Confirmation), the contract pay item number(s) for which the trucking operations are to be performed. If the trucking operation does not correspond to a specific contract pay item, the Contractor shall use a contract pay item(s) to which the activity relates. The Contractor shall indicate the type of trucking operation to be performed, the number of trucks owned/leased, the number of trucks working on-site or off-site, rate per hour/ton/ load/etc., duration or amount, and total dollar value of the proposed M/WBE commitment. The Contractor shall provide copies of all lease agreements utilized by the M/WBE Trucking Firm.

• The Department will provide ongoing monitoring of the Contractor to assure every effort is made to fulfill the contract goal with actual M/WBE commitments when Work Order details are known.

• Upon request, the Contractor shall provide documentation of its good faith efforts in accordance with §102-12.H Good Faith Efforts that demonstrate that the Contractor attempted but could not meet the goal(s).

• If the Contractor fails to meet the M/WBE participation goal(s), to exert a good faith effort, or otherwise fails to comply with the M/WBE Program requirements, the Contractor will be obligated to pay to the Department Liquidated Damages. Such liquidated damages shall be calculated as an amount equaling the difference between the contract goal amount and the amount actually paid to M/WBEs for work performed or materials supplied under the contract that meets a Commercially Useful Function (CUF).

D265837 27 https://nysucp.newnycontracts.com/ https://ny.newnycontracts.com/ https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/civil-rights https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/civil-rights https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/civil-rights

Project PIN: D265837

DETAILS

Not Provided

Not Provided

Not Provided

Provided

Digital

Digital

Not Provided

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Provided

Digital

Digital

Digital

Not Provided 1 Required for all projects 3R and above 2 Required for all projects 3 Required for all new, replacement and superstructure replacement projects 4 File is available upon request from plansales@dot.ny.gov

9. SUBSURFACE INFORMATION

D265837_R04_TSMI-13-07.pdf TSMI 13-07

D265837_R04_Qty_Workups.pdf Highway Estimate Computation Sheets (PDF)

3. CADD ALIGNMENTS 1

1. CADD DRAWINGS

7. RECORD PLANS

D265837_R04_Qty_Workups.xlsx Highway Estimate Computation Sheets (XLSX)

4. QUANTITY WORKUPS 2

2. CADD SURFACES 1

8. SIGN FACE LAYOUTS

SUPPLEMENTAL INFORMATION AVAILABLE TO BIDDERS

Project Description:

https://www.dot.ny.gov/doing-business/opportunities/const-notices/

Pavement Markings for 2027 (Eastside)

4T35.23

DESCRIPTIONFILE NAME (Including File Format)

Per HDM section 21.8 all supplemental information files should begin with the project identification number (PIN)

Contract Number:

SUPPLEMENTAL INFORMATION IS AVAILABLE FOR THIS CONTRACT

The information listed as “Digital” on this form is available at the Contract Documents tab within the Construction Contracting section of the Business Center on the Department’s web site. The information listed as “Inspection Only” on this form is available at the Regional Office having jurisdiction for this project, as identified in the advertisement for bids, for inspection and review prior to the letting date. The bidder’s signature on this proposal certifies that they have made themselves aware of the availability of the information indicated below:

5. UNSEALED LAYERED PDF or 3D PDF

6. CROSS SECTIONS

12. BRIDGE INFORMATION3

D265837_R04_DAD.pdf Design Approval Document

10. ANTICIPATED CONSTRUCTION SCHEDULE

11. SPECIAL REPORTS OR OTHER INFORMATION

D265837_R04_Location Maps.pdf Location Maps

CONR9 REV 8/5/22 Page 1 D265837_R04_CONR9.xlsx

D26583728

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NYSDOT ELECTRONIC BIDDING

AASHTOWARE PROJECT BIDS AND BID EXPRESS

ELECTRONIC BIDDING RESOURCES:

• PROJECT BIDS - Project Bids allows bidders to receive electronic proposal bid item information from the Department's web site and Bid Express to produce an electronic bid.

Project Bids is provided free of charge and can be used on almost any Windows-compatible PC.

Benefits may include:

o Project Bids computes item and overall bid totals as estimators work through the list, and alerts estimators if an item is accidentally omitted.

o Electronic files of item bid data will be posted to the NYSDOT website and Bid Express to coincide with advertising and contract document publication dates.

o When an amended item bid data is downloaded, recognition of changes is automatic.

o Electronic bids are processed faster than paper bids, decreasing the time needed for verification of bids by NYSDOT.

• BID EXPRESS - Bid Express allows secure, encrypted bid submittal over the internet. It integrates with Project Bids and includes electronic bid bond verification. Bid Express is a fee-based service.

Benefits may include:

o Real-time bid submittal from any location.

o No concerns about driving bids to Albany or mail services arriving after the deadline.

o The ability to submit a "safety bid" early while continuing to solicit better quotes from subs and suppliers and to overwrite the safety bid with a new bid right up to the submission deadline.

o As data accumulates on Bid Express, there is the ability to search and analyze bids on prior contracts for specific work items, and/or by specific competitors, etc.

o The ability to solicit and receive quotes from subcontractors through the Small Business Network on Bid Express.

o Contractors who use Bid Express do not submit a paper bid.

ALL ELECTRONIC BIDDERS SHOULD:

• Enter prices for all bid items in the Schedule of Items.

• Enter DBE Participation Package and upload required documents (Federal-Aid contracts).

• Enter days for the B portion(s) of A + B bids on the A+B Days tab (if applicable).

• Enter the required info in the JURAT and Disclosure of Lobbying Activity folders.

• Complete the Contract Document Bid-Ability Survey (optional).

• Enter the required info in the Bid Bond folder if submitting a bid through Bid Express and click

Verify to verify the bid bond.

All bids submitted through Bid Express should be 100% complete as noted at the top of the page and all required tabs marked with a green check showing completion. Submitting a bid that is less than 100% complete through Bid Express could lead to the bid being declared informal.

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FIRST TIME ELECTRONIC BIDDERS SHOULD:

• Allow at least seven business days to obtain a digital ID and password for bidding through Bid Express.

• Follow the procedures in "Download AASHTOWare Project Bids", which are posted at http://www.dot.ny.gov/bids-and-lettings/construction-contractors/electronic-bid-system

• Enter the Agency as NYSDOT.

• Use the appropriate Federal-ID and firm name. Federal-ID must be in the format 12-3456789.

Joint ventures must create a new digital ID. Joint ventures must also send evidence of the authority of the agent or attorney-in-fact for the joint venturers to act on behalf of all joint venturers to the Office of Contract Management prior to the Letting.

PAPER BID DOCUMENTS:

• NYSDOT recommends and encourages contractors to bid electronically with Bid Express because of its many advantages, but contractors are not required to bid electronically.

• If NYSDOT receives both a Bid Express bid and a paper bid from the same contractor, the Bid Express bid will prevail.

• Bidders who do not use Bid Express are encouraged to submit an electronic bid file on a flash drive with their paper bid.

• NYSDOT will not accept electronic bids on any media without a paper bid.

• If there is any discrepancy between an electronic file submitted with the paper bid and the paper bid, the paper bid will prevail.

• When submitting an electronic bid file with your paper bid, include only one .EBSX (Project

Bids) file on the flash drive. This should be the only file on the flash drive.

AMENDMENTS:

Contractors are solely responsible for recognizing and responding to changes by amendment. Not all amendments will involve changes to item bid data, however, if an amendment involves changes to item bid data, an amended Project Bids file will be posted to the Department's website and to Bid Express. This file must be applied to your electronic bid.

If there is any discrepancy in the itemized proposals published in paper and electronic formats, in either the contract pay items or quantities, the Department will evaluate the bids based only on that portion that is common to all formats. For example, if an item is missing from any format, the bids will be evaluated excluding that item and if item quantities are different in any format, the bids will be evaluated using the lowest item quantity.

Please notify the Department through the Contract Documents/Contact Us tab for that project, located at https://www.dot.ny.gov/portal/page/portal/doing-business/opportunities/const-notices, if you find any such discrepancies.

FOR ASSISTANCE:

• NYSDOT 518-457-2124 or 518-457-3583

• Bid Express Help Desk (888) 352-2439 or (352) 381-4888

• Third-party Software - Contact the vendor of the software. The Department is neither authorized nor able to assist with any software package.

D26583730 https://www.dot.ny.gov/bids-and-lettings/construction-contractors/electronic-bid-system https://www.dot.ny.gov/portal/page/portal/doing-business/opportunities/const-notices

FHWA-1273 – Revised June 25, 2026

CONTRACT PROVISIONS FOR

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Davis-Bacon and Related Act Provisions IV. Contract Work Hours and Safety Standards Act

Provisions V. Subletting or Assigning the Contract VI. Safety: Accident Prevention VII. False Statements Concerning Highway Projects VIII. Implementation of Clean Air Act and Federal Water

Pollution Control Act IX. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion X. Certification Regarding Use of Contract Funds for

Lobbying XI. Use of United States-Flag Vessels

ATTACHMENTS

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

I. GENERAL

1. Historically, contracting agencies using Federal-aid highway funds were required to ensure Form FHWA-1273 was physically incorporated into all contracts and subcontracts.

Effective June 10, 2026, this requirement was eliminated [91 FR 25492]. Future use of Form FHWA-1273 is now optional on the part of the contracting agency using Federal-aid highway funds. FHWA continues to make Form FHWA-1273 available as a convenience to contracting agencies. Contracting agencies must continue to ensure compliance with the provisions cited in Form FHWA-1273 in accordance with the provisions regardless of the use of Form FHWA-1273.

Accordingly, the contracting agency retains the authority to determine whether the contractor must use Form FHWA-1273 to physically incorporate required contract provisions in each subcontract and in lower tier contracts. Where permitted by the contracting agency, the contractor may choose other ways to include required contract provisions in each subcontract, besides incorporating Form FHWA-1273. Contract provisions in Form FHWA-1273 are not required to be physically included in subcontracts for design services on Federal-aid design-build contracts, or in purchase orders, rental agreements and other agreements for supplies or services.

The applicable provisions of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor or design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents.

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

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

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

The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

23 U.S.C. 101(a).

II. NONDISCRIMINATION

The contractor and all subcontractors must comply with the following policies: 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27, including any amendments thereto.

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

The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract.

1. Assurances Required:

a. The requirements of 49 CFR Part 26, including any amendments thereto, and the State DOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26, including any amendments thereto, in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

D265837 31

(1) Withholding monthly progress payments;

(2) Assessing sanctions;

(3) Liquidated damages; and/or

(4) Disqualifying the contractor from future bidding as non-responsible.

c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E, including any amendments thereto, are incorporated by reference. 49 CFR Part 21.

III. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)

a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:

(i) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined;

(ii) The classification is used in the area by the construction industry; and

(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(ii) The classification is used in the area by the construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.

(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the

D26583732 https://www.ecfr.gov/current/title-29/part-3 https://www.govinfo.gov/link/uscode/40/3141 https://www.govinfo.gov/link/uscode/40/3141 https://www.ecfr.gov/current/title-29/part-1 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)

a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2.a. of this section or Section IV, paragraph 3.a., or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S.

trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)

a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed;

hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C.

3141(2)(B) of the Davis-Bacon Act); daily and weekly number

D265837 33 mailto:DBAconformance@dol.gov mailto:DBAconformance@dol.gov https://www.govinfo.gov/link/uscode/31/3901 https://www.govinfo.gov/link/uscode/31/3901 of hours actually worked in total and on each covered contract;

deductions made; and actual wages paid.

(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C.

3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.

(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency.

(3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b.

of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;

(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.

(4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions.