PIN 4BNY.62 Carney Hollow Road Contract Proposal Book 2025-2-10.pdf

LIVINGSTON COUNTY

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

4389 GYPSY LANE

MT. MORRIS, NEW YORK 14510

CONTRACT SPECIFICATIONS

CARNEY HOLLOW ROAD (CR60)

OVER CARNEY HOLLOW CREEK

C.I.N. C60000911

TOWN OF SPRINGWATER

LIVINGSTON COUNTY, NEW YORK

D041051 - PIN 4BNY.62

“THIS PROJECT CONTAINS STATE AID REQUIREMENTS”.

February 2025

JASON WOLFANGER DAVID L. LEFEBER

HIGHWAY SUPERINTENDENT BOARD OF SUPERVISORS CHAIRMAN

PIN 4BNY.62

LIVINGSTON COUNTY

HIGHWAY DEPARTMENT

CARNEY HOLLOW ROAD (CR60)

OVER CARNEY HOLLOW CREEK

TOWN OF SPRINGWATER

LIVINGSTON COUNTY, NEW YORK

TABLE OF CONTENTS

DESCRIPTION

GENERAL NOTE

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

PROPOSAL

BID FORM

AGREEMENT

NOTICE OF AWARD

NOTICE TO PROCEED

PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK

CONTRACT GENERAL CONDITIONS INDEX

CONTRACT GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

SPECIAL NOTES

TECHNICAL SPECIFICATIONS

SPECIAL SPECIFICATIONS

595.50000018 SHEET-APPLIED WATERPROOFING MEMBRANE

607.41010010 TEMPORARY PLASTIC BARRIER FENCE

645.13070010 REINSTALL SIGN POSTS

645.13080010 REINSTALL SIGN PANEL ASSEMBLIES

APPENDICES

APPENDIX A: GEOTECHNICAL INVESTIGATION REPORT

APPENDIX B: PERMITS

GN-1

NB-1 TO NB-4

IB-1 TO IB-3

P-1 TO P-18

BF-1 TO BF-9

A-1 TO A-10

NA-1

NP-1

PWS-1

IGC-1 TO IGC-4

GC-1 TO GC-62

SC-1 TO SC-10

SN-1 TO SN-6

GN-1

GENERAL NOTE

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

The provisions of the following sections shall apply, except for the non-standard items noted in the Technical Specifications.

101-02-Definitions of Terms 102-10-Labor And Employment; Federal-Aid Requirements 102-10D-Labor and Employment; Training 102-11-Equal Employment Opportunity Requirements 102-12-DBE/MBE/WBE/SDVOB Participation 104-03-Differing Site Conditions 104-04-Significant Changes in The Character of Work 104-06-Notice And Recordkeeping 105-14-Disputed Work and Dispute Resolution 106-11-Buy America 107-08-Protection And Restoration of Property and Landscape 107-09-Damage 107-12-Water Quality Protection 108-04-Delay Provisions 109-02-Compensation for Altered Quantities 109-04-Partial Payments 109-05-Extra Work and Time Related Compensation 109-10-Uncompleted Work Agreements 200-Earthwork 300-Bases And Subbases 400-Asphalt Mixture and Pavement 500-Portland Cement Concrete 550-Structures 600-Incidental Construction

Materials details as stipulated in Section 700 shall apply as modified in the plans and specifications.

Additionally, the information contained in “Appendices 12-1 in the section entitled “Requirements for Locally Administered Federal Aid Projects” in this specification book shall apply.

The Livingston County Highway Department shall make the final interpretations of any irregularities, ambiguities or questions arising out of these Specifications and the New York State Department of Transportation Specifications used on this project.

The special attention of bidder is directed to the following forms, which must be completed and submitted with the proposal:

Non-Collusive Bidding Certifications, pages P-3 through P-8 of the Proposal.

Iranian Energy Divestment Certification, page P-9 of the Proposal.

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LIVINGSTON COUNTY – NOTICE TO BIDDERS – INVITATION TO BID

CARNEY HOLLOW RD (CR 60) CULVERT REPLACEMENT PROJECT OVER CARNEY HOLLOW CREEK

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

Carney Hollow Road (CR 60) Culvert Replacement Project over Carney Hollow Creek Town of Springwater

PIN 4BNY.62 - D041051

BID #2025-9

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: Culvert replacement, guide rail removal and installation, excavation, full depth reconstruction.

Bids shall be made in writing on the forms furnished with each set of Contract Documents. All bids must be received in separate sealed envelopes addressed to:

Office of the Livingston County Administrator Livingston County Government Center, Room 302 6 Court Street Geneseo, NY 14454

The envelopes should be clearly labeled “CARNEY HOLLOW RD (CR 60) CULVERT REPLACEMENT PROJECT OVER

CARNEY HOLLOW CREEK.”

Sealed bids will be received at the above address until 9:00 AM on Wednesday, March 5, 2025, at which time they will be publicly opened and read aloud in Room 205 of said Government Center. The official time for the receipt of bids will be the time shown on the time stamp located in the County Administration office, Room 302, Livingston County Government Center, Geneseo, New York.

E-mailed or faxed bids will be not accepted. Whether a bid submission is sent by mail or by means of personal delivery, Bidders assume full responsibility for having their bids deposited on time at the place specified. All bids received after the day and time stated will not be considered and will be returned unopened to the Bidder.

Security procedures are in effect at the Livingston County Office Building. Interested parties, especially contractors who intend to hand deliver bids and/or conduct business with Livingston County should allow sufficient time for any delay which may arise as a result of security procedures. To be considered “delivered on time”; a submission must be received by County Administration by the appointed day and time.

Contract Plans and Documents may be viewed and downloaded on or after February 10, 2025 by registering with Bid Net Direct at www.bidnetdirect.com. Please note that it is the Bidder’s responsibility to obtain ALL bid documents on the Bid Net Direct website. Electronic copies of the bid documents may be obtained free of charge from Erdman Anthony by providing contact information to sichakc@erdmananthony.com. Download instructions will be provided upon receipt of a valid email address. Printed copies of the bid documents are available on request and require a deposit of seventy-five dollars ($75.00) per set. Deposit checks shall be made payable to "Livingston County Treasurer". Cash will not be accepted.

Bid documents will also be available for review only, at the office of the Livingston County Highway Department, 4389 Gypsy Lane, Mount Morris, NY 14510.

Within thirty (30) days after the date of the contract award, bidding documents in good condition may be returned to Erdman Anthony, for a return of the deposit paid under the terms and conditions for New York General Municipal Law § 102.

Questions can be submitted in writing to Erdman Anthony 145 Culver Road, Suite 200, Rochester, NY 14620 or emailed to sichakc@erdmananthony.com and must be received by 4:00PM on February 21, 2025. Only written Requests for Information (RFIs) will be accepted. The questions received and all answers will be sent to all planholders no later than 4:00 PM on February 25, 2025. If necessary, an Addendum to the Bidding Documents will be issued.

mailto:sichakc@erdmananthony.com

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Each Bidder shall include a Bid Bond with its bid, security in an amount not less than five percent (5%) of the base bid in the form and subject to the conditions provided in the “IMPORTANT BIDDER INFORMATION”. A CERTIFIED OR BANK

CHECK WILL NOT BE ACCEPTED.

No Bidder may withdraw his bid within forty-five (45) days after the actual bid opening.

The County of Livingston reserves the right to waive any and all informalities in or to reject any or all bids.

The Owner further reserves its right to disqualify Bidders for any material failure to comply with the “INSTRUCTION TO

BIDDERS”

All bids must be accompanied by a fully executed Non-Collusion Certification, Attachment “D” Certification “Iranian Energy Sector Divestment” pursuant to New York State General Municipal Law Section 103-g, Disbarment Certifications, and Lobbying Certifications in order to be considered.

Construction of this project will be done in strict accordance with the New York State Department of Transportation (NYSDOT) policies, procedures, and Standard Specifications (U.S. Customary Units), latest edition, and all addenda in effect on the date of advertisement for bids. The General Provisions of Contract, Contract Forms of Proposal, Agreement, Bonds, General Construction Specifications, Materials of Construction that are contained within the Specifications will be adhered to in all respects.

In compliance with the provisions of Section 115 (Prevailing Rate of Wage), Public Law 627, the minimum wages paid laborers and mechanics are included in wage schedules that are set out in the bid proposal.

Livingston County is exempt under Section 1116 of the Tax Law, therefore, no sales tax shall be included in the bid.

The New York State Department of Transportation (NYSDOT) and Livingston County require that all bidders and subcontractors present evidence of experience, ability and financial standing. Subcontracting is permitted as described in Section 108-05 of the NYSDOT Standard Specification, latest edition. Submission of or current proof of a valid NYS Uniform Contractors Questionnaire is required.

In accordance with NYSDOT Standard Specification Section 102-12 G, within 5 calendar days of letting, the apparent low bidder shall submit a complete M/WBE/SDVOB Pre-Award Participation Package to Livingston County using the NYSDOT approved civil rights reporting software, Equitable Business Opportunity Solution (EBO).

The MBE goal for this project is: 9% The WBE goal for this project is: 2% The SDVOB goal for this project is: 1% There are no DBE goals for this project.

The EEO Employment goals for this project are: 5.3% Minority Employment Goal 6.9% Female Employment Goal

Contractors that obtain Contract Documents from a source other than the issuing office must notify the issuing office in order to be placed on the official Plan Holder List, to receive Addenda and any other Bid correspondence.

Addenda will be emailed from Erdman Anthony to Bidders listed on the official Plan Holders List. Bidders must acknowledge receipt of all Addenda by signing and dating each Addendum on page BF1 of the Bid Form and the Acknowledgement of Receipt of Addenda provided in the addenda. 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.

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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.

** NOTE TO BIDDERS **

The bidder shall submit two (2) sets of its bid; including all required documents contained in this section.

• One (1) set shall be stamped (or otherwise indicated) as being the “ORIGINAL.”

• One (1) set shall be stamped (or otherwise indicated) as being “DUPLICATE” or “COPY.”

• Information Presented in the “ORIGINAL” set of bid submission shall prevail.

The bid shall be submitted in a sealed opaque envelope marked on the outside with: the bidder’s name and address and the designation: “Sealed Bid – Carney Hollow Road (CR 60) Culvert Replacement Project over Carney Hollow Creek, Town of Springwater, Livingston County, Culvert Replacement, PIN 4BNY.62.”

NB - 4

**New Requirement** Public Work Contractor and Subcontractor Registry

Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (“NYSDOL”) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

Contractors and subcontractors must register with NYSDOL BEFORE submitting bids or commencing work on a covered project. Furthermore, contractors and subcontractors must submit to their Certificate of Registration with their bid submissions or, if already under contract, BEFORE commencing any work on a covered project. A covered project is defined as any project subject to the provisions of Article 8 of the Labor Law, including but not limited to public work projects and those subject to the provisions of Labor Law Sections 224(a) and 224(d).

A contractor that bids on a contract for public work knowing it is not registered or a contractor/subcontractor who commences work knowing that it is not registered shall be subject to a civil penalty up to $1,000.00.

NYSDOL strongly encourages all contractors and subcontractors to register as soon as possible to avoid negatively impacting a bidding period or project schedule.

The Bureau of Public Work and Prevailing Wage Enforcement at the New York State Department of Labor is responsible for enforcing prevailing wage laws in New York State.

The Bureau of Public Work and Prevailing Wage Enforcement publishes the annual prevailing wage schedule every year on July 1. To find information about the prevailing wage rate for your area, or to find contact information for your local Public Works and Prevailing Wage Enforcement District Office, please visit Bureau of Public Work and Prevailing Wage Enforcement website or send an email to labor.sm.pwask@labor.ny.gov.

Electronic Certified Payroll Submissions in 2025 There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records. This database will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forthcoming database, starting when the system is completed in 2025. Please watch the NYS Department of Labor website for additional information.

https://www.nysenate.gov/legislation/laws/LAB/A8 https://www.nysenate.gov/legislation/laws/LAB/220-I https://dol.ny.gov/contractor-and-subcontractor-landing mailto:labor.sm.pwask@labor.ny.gov

IB-1

INSTRUCTIONS TO BIDDERS

1. EXAMINATION OF BIDDING DOCUMENTS, SITE, AND OTHER DATA

1.1 It is the responsibility of each Bidder before submitting a bid, to; (a) examine the Bidding Documents thoroughly and read all documents contained in the bid specifications; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider federal, state and local laws and Regulations that may effect cost, progress, performance or furnishing of the work; (d) study and carefully correlate Bidder’s observations with the Bidding Documents; (e) become aware of the general nature of the work to be performed by Owner and others, if any, at the site that relates to the work as indicated in the Bidding Documents; (f) notify the Owner, in writing, of any conflicts, errors or discrepancies found in the Bidding Documents. Written notification shall be made to Livingston County Highway Department, 4389 Gypsy Lane, Mt. Morris, NY 14510 or by e-mail to JWolfanger@co.livingston.ny.us with a copy to sichakc@erdmananthony.com; (g) agree at the time of submitting its bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its bid for performance of the work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

2. INTERPRETATIONS AND ADDENDA

2.1 All questions about or clarifications to the Bidding Documents shall be made in writing, to Erdman Anthony 145 Culver Road, Suite 200, Rochester, NY 14620 or emailed to sichakc@erdmananthony.com and must be received by 4:00PM on February 21, 2025. Only written Requests for Information (RFIs) will be accepted.

The questions received and all answers will be sent to all planholders no later than 4:00 PM on February 25, 2025. If necessary, an Addendum to the Bidding Documents will be issued.

3. BID PROPOSAL FORMS

3.1 All bidding documents must be filled out completely.

3.2 BID FORM RESPONSES:

When filling out the bid form be certain that:

1. All blanks are filled in with the requested information by printing in ink or electronic means

2. All forms are signed in blue or other non-black ink

3. All areas requiring a price are to be filled in as follows:

mailto:JWolfanger@co.livingston.ny.us

IB-2

A. Supply a numerical price for all products or services to be provided (This includes a $0.00 if there is no additional cost for any item)

B. All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the Owner and shall make the Bidder non-responsive for that particular item(s). No exceptions will be made in this case

3.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

3.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

3.5 All names must be typed or printed below the signature. Signatures shall be made in blue or other non-black ink.

3.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form)

3.7 The address and telephone number for communications regarding the Bid must be shown.

4. SUBMISSIONS OF BIDS

4.1 Bidders are responsible for submitting their bids to the exact location indicated on the “Notice to Bidders” prior to the time indicated in the “Notice to Bidders”. No bids will be accepted after the designated time indicated in the “Notice to Bidders”.

This includes any changes listed on the latest addendum issued by the Livingston County Highway Department, if any. It is suggested registered mail be used to submit bids. Delay in mail delivery is not an exception to the deadline for receipt of bids.

4.2 The only forms necessary to be submitted as a bid are the following:

1. Bid Proposal forms, filled out completely:

Non-collusive Bidding Certificate, filled out completely Iran Energy Divestment Certification, filled out completely Indemnification Agreement, filled out completely Statement of Insurance Coverage form, filled out completely Statement of Surety’s Intent to Provide Bonds, filled out completely Disclosure of Lobbying Activities Form, filled out completely

2. Bid security as specified in the Notice to Bidders.

IB-3

3. Documentation for submitted "Equals" or "Equivalents"

4. Any other information as noted in the Bidding Documents

Under no circumstances is it necessary to return the technical specifications with the bid. They should be retained by the Bidder for his/her records, or returned at a later date as a part of a request for the return of a bid deposit.

Failure to submit any of the above data may result in the rejection of the bid as non-responsive. Furthermore, the Owner reserves the right to require the Bidder to supply any additional information it deems necessary to determine the successful responsive/responsible Bidder and further to wave any minor informalities it deems in its best interest.

4.3 Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid, Discipline and Bid Number

2. Date and Time of Bid Opening

3. Company Name

5. BID TABULATION

All Bidders submitting a bid will be supplied with a copy of the pricing tabulation sheet as soon as it is complete and available after the bid opening.

P-1

PROPOSAL

PROPOSAL OF:

(hereinafter called "Bidder"), organized and existing under the laws of the State of ____________________ doing business as (a corporation) (a partnership) (an individual), to Livingston County (hereinafter called "Owner").

In compliance with your Advertisement for Bids, Bidder hereby proposes to perform all work necessary for the completion of:

CARNEY HOLLOW ROAD OVER CARNEY HOLLOW CREEK

in conformance with the Contract Documents within the time frame set forth and at the prices stated below.

By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to his own organization, that this Bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this Bid with any other Bidder or with any competitor.

The Bidder’s attention is called to:

a. The fact that weather is always a consideration, and it is reasonable to expect there may be significant periods of sub-freezing temperatures, high water flows, and precipitation during construction. Requests to extend the Contract Time or claims for delays in completion due in part or in whole to weather conditions will not be considered.

b. The fact this project is of limited construction duration and requires an expedited construction schedule for completion after award.

c. It is reasonable to expect material manufacturers may have limited production capacity and schedule opportunities. Requests to extend the Contract Time or claims for delays in completion due in part or in whole to providing the specified materials shall not be considered.

d. Bidder shall put forth the necessary level of effort required to achieve the substantial completion date and to complete all Work within the specified Contract Time and shall include the costs of this effort in the Bid.

e. Liquidated damages are included in this Contract.

f. In regard to any taxes applicable to the project, the Contractor shall acquire a copy of form ST-120.1 from the NYS Department of Taxation and Finance and follow accordingly.

g. The Owner reserves the right to accept alternative bid items, if any, in any order or combination, unless otherwise specifically provided in the Bidding Documents. If the

P-2

Contract is to be awarded, it will be awarded to the lowest responsive/responsible Bidder who demonstrates the work experience and project management qualifications, meets all the terms of the Contract Documents, and offers the lowest cost on the basis of the sum of the Base Bid and the Alternates accepted, where evaluation by the Owner indicates to the Owner that award will be in the best interest of the project.

h. Final payment will be made to the Contractor upon completion of all services, submission of reports, as-built drawings, bonds, and approval of same by the Owner.

Bidder hereby agrees to commence work under this contract in accordance Article 3 - Contract Time and Performance of the Agreement, with completion in accordance with the Contract Term limits specified:

Full closure of the roadway only permitted between June 30, 2025 and September 2, 2025 Work before or after this window allowed to take place under flagging operations Final Completion on or before: October 31, 2025

The Bidder shall schedule the construction duration within the period of time between the Notice to Proceed and the completion dates referenced and shall be expected to put forth the necessary level of effort required to achieve the completion dates so established and shall include the costs of this effort in the Bid.

In accordance with the Article 3 of the Agreement, the Contractor shall be assessed liquidated damages for each work day or part thereof after the substantial completion date that Contractor requires to achieve substantial completion of the work. Damages shall continue to be assessed until, in the opinion of the Owner, the project is ready for its intended use. In addition, the Contractor shall be assessed liquidated damages for each calendar day after the final completion date the Contractor requires to achieve final completion.

The Bidder shall submit a Unit Price Bid for all the work included in this Contract. On the following pages, the Bidder shall break down the Unit Price Bid by each item listing the unit bid price and extension by which he arrived at the Unit Price Bid. These items are probable quantities provided to the Bidder and are to be considered approximate only. The Owner does not expressly or by implication agree the actual quantities will correspond therewith and reserves the right to increase or decrease any quantity or to eliminate any quantity as the Owner may deem necessary. The Bidder shall be satisfied as to the accuracy of these quantities prior to submitting the Bid. The unit bid prices will be used to negotiate Change Orders should the Owner desire to modify the Scope of the project.

The Owner will award the contract for the proposed improvements to the Bidder submitting the lowest acceptable bid in accordance with the Contract Documents.

P-3

NON-COLLUSIVE BIDDING CERTIFICATIONS

REQUIRED BY SECTION 139-D, STATE FINANCE LAW and SECTION 103-D OF

GENERAL MUNICIPAL LAW

“Section 139-d, SFL and Section 103-d, GML, “Statement of non-collusion in bids to the state.”

1. Every bid hereafter made to the state or any public department, agency, or official thereof, where competitive bidding is required by statute, rule, or regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury:

Non-collusive bidding certification.

(a) By submission of this bid, 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 his 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 price lists 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."

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REQUIRED BY TITLE 23, U. S. CODE, AND SECTION 112. A NON-COLLUSIVE

BIDDING CERTIFICATION MUST BE INCLUDED IN EVERY BID PROPOSAL

REGARDLESS OF WHETHER NYSDOT SPECIFICATIONS OR LOCAL

SPECIFICATIONS ARE USED.

(A) 2 "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."

REQUIRED BY TITLE 49, CFR, VOLUME 1, SUBTITLE A, PART 29

"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).

THESE MUST BE INCLUDED IN ALL FEDERAL AID CONTRACTS. HOWEVER,

THE NYS COLLUSIVE BIDDING CERTIFICATION AND MANY IN USE BY LOCAL

GOVERNMENTS ARE ALMOST IDENTICAL AND ARE ACCEPTABLE.

THE FOLLOWING PAGES ARE THE REQUIRED CERTIFICATION REGARDING

NON-COLLUSIVE BIDDING PROCEDURES AND THE CONTRACTOR'S

ELIGIBILITY TO SUBMIT A BID UNDER FEDERAL LAW. THE LAST PAGE IS A

GENERAL BIDDER INFORMATION FORM. ALL SHOULD BE INCLUDED IN THE

CONTRACT DOCUMENTS, IMMEDIATELY FOLLOWING THE PAGE(S) WHICH

CONTAINS THE NON-COLLUSIVE BIDDING REQUIREMENTS. BY SIGNING ONE

OF THESE CERTIFICATIONS, THE CONTRACTOR CERTIFIES THAT HE

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UNDERSTANDS AND AGREES TO BE BOUND BY THE PROVISIONS OF THE

FOLLOWING LAWS:

1. NEW YORK STATE FINANCE LAW, ARTICLE 9, SECTION 139-d

2. TITLE 49, CFR, PART 29

3. TITLE 23, U. S. CODE-HIGHWAYS, SECTION 112

THE CONTRACTOR SHOULD CHOOSE THE APPROPRIATE NOTARIZATION WHICH

CORRESPONDS TO THE TYPE OF COMPANY (SOLE PROPRIETORSHIP,

PARTNERSHIP, OR CORPORATION) THAT HE/SHE REPRESENTS OR IS AFFILIATED

WITH. ALL BIDDERS SHOULD FILL OUT THE APPROPRIATE SECTION OF THE

BIDDER INFORMATION SHEET.

BY EXECUTING THIS DOCUMENT, THE CONTRACTOR AGREES TO:

1. Perform all work listed in accordance with the Contract Documents at the unit prices bid;

subject to the provisions of Section 104 -04, Standard Specifications, Construction and Materials, published by the New York State Department of Transportation, and dated May 4, 2006, if applicable;

2. All the terms and conditions of the non-collusive bidding certifications required by Section 139-d of the State Finance Law, and Section 112, Title 23, U.S. Code;

3. Certification of Specialty Items category selected, if contained in this proposal;

4. Certification of any other clauses required by this proposal and contained herein;

5. Certification, under penalty of perjury, as to the current history regarding suspensions, debarments, voluntary exclusions, determinations of ineligibility, indictments, convictions, or civil judgments required by 49 CFR Part 29.

_____________________________________________ Date: ______________________ (Legal Name of Person, Corporation, or Firm Which is Submitting Bid or Proposal)

BY: ___________________________________________

(Signature of Person Representing Above)

AS: ___________________________________________

(Official Title of Signator in Above Firm)

(Acknowledgment by Individual Contractor, If a Corporation)

STATE OF NEW YORK )

COUNTY OF ) SS:

CITY OF )

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On this ___ day of __________, 20__ , before me personally came _______________________, to me known and known to me to be the person who executed the above instrument, who being duly sworn by me, did depose and say that he/she resides at _______________________ ______________________________ , and that he/she is the ____________________________ of the corporation described in and which executed the above instrument, and that he/she signed his/her name thereto on behalf of said Corporation by order of the Board of Directors of said Corporation.

Notary Public

(Acknowledgment by a Co-Partnership Contractor)

STATE OF NEW YORK )

COUNTY OF ) SS:

CITY OF )

On this ___ day of __________, 20__ , before me personally came_______________________, to me known and known to me to be the person described in and who executed the above instrument, who, being duly sworn by me, did for himself/herself depose and say that he/she is a member of the firm of _______________________________________, consisting of himself/ herself and ____________________________________, and that he/she executed the fore-going instrument in the firm name of _____________________________________, and that he/she had authority to sign same, and did duly acknowledge to me that he/she executed same as the act and deed of said firm of __________________________________________, for the uses and purposes mentioned herein.

Notary Public

(Acknowledgment by Individual Contractor)

STATE OF NEW YORK )

COUNTY OF ) SS:

CITY OF )

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

Notary Public

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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:

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REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES,

MISCONDUCT, OR OTHER PROHIBITED CONTRACT ACTIVITIES

U. S. DEPARTMENT OF TRANSPORTATION HOTLINE. Persons with knowledge of bid collusion (i.e., contractors, suppliers, workers, etc.) or other questionable contract related practices (inadequate materials, poor workmanship, theft of materials, etc.) are encouraged to report such activities by calling the U.S.D.O.T. HOTLINE. The HOTLINE number is 1-800- 424-9071 and calls will be answered from 8:00 A.M. to 5:00 P.M. EST, Monday through Friday.

This HOTLINE is under the direction of the U.S.D.O.T.'s Inspector General. All information will be treated confidentially and the caller's anonymity will be respected.

NEW YORK STATE INSPECTOR GENERAL HOTLINE. Reports of New York State Governmental Misconduct may be made in strict confidence to the New York State Inspector General on the Toll-Free Statewide HOTLINE or by writing to the Office of the Inspector General. The Toll-Free Statewide HOTLINE telephone number is 1-800-367-4448 and calls will be answered between 8:00 A.M. and 4:30 P.M., Monday through Friday. The address of the Office of the State Inspector General is the State Capitol, Executive Chamber, Albany, New York 12224.

THIS IS REQUIRED IN ALL FEDERAL AID CONTRACTS.

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IRAN ENERGY DIVESTMENT CERTIFICATION

Attachment “D” Certification Pursuant to Section 103-g

Of the New York State General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer 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 that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case-by-case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

Signature

Title

Date Company Name

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INDEMNIFICATION AGREEMENT

The Contractor agrees:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Contractor agrees to indemnify and hold harmless Livingston County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgements, fees, attorney’s fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the Agreement and to bear all other costs and expenses related thereto.

Signature of Representative of Firm or Corporation: Date:

(in blue or other non-black ink)

Name of Firm:

Mailing Address:

City, State, Zip Code:

Subscribed and sworn before me

This _________ day of ________________________ 20__

Title _____________________________________________

My commission expires ______________________________

NOTE: If Bidder is a Corporation, the corporate name and title of officer signing must be stated.

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STATEMENT OF INSURANCE COVERAGE

To: _________________________________________________________________________ (Owner)

___________________________________ has reviewed the Insurance requirements as set forth (Contractor) in these bid documents for _______________________________________________________ (Project)

We verify that we will maintain the required level of Insurance by:

The enclosed Certificate of Insurance

Per bid, the vendor shall enclose an Acord Certificate of Insurance with minimum coverage as described in the Contract Documents and required forms for Workers’ Compensation and Disability according to Sections 57 and 220 subd. 8 of the Workers’ Compensation Law.

Insurance requirements are detailed in the Supplementary Conditions, Section –

5.02 of these specifications.

By: ________________________________ Witnessed by: __________________________ (Signature of Authorized Company Officer) (Signature) (in blue or other non-black ink) (in blue or other non-black ink)

(Printed Name) (Printed Name)

(Title)

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STATEMENT OF SURETY’S INTENT TO PROVIDE PERFORMANCE AND

LABOR AND MATERIAL BONDS FOR THE PROJECT

To: __________________________________________________________________________ (Owner)

We ______________________________ have reviewed the Bid of _______________________ (Name of Insurance Company) (Contractor) of ___________________________________________________________________________ (Address) for ___________________________________________________________________________ (Project)

Bids for which will be received on __________________________________ and wish to advise (Bid Opening Date) that should this Bid of the Contractor be accepted and the Contract awarded to them, it is our present intention to become surety on the performance bond and labor and material bond required by the Contract.

Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assume no liability to you or third parties if for any reason we do not execute the requisite bonds.

We are duly authorized to do business in the State of New York.

Attest: _______________________________ ____________________________________ (Name of Company)

By: ________________________________ Surety’s Authorized Signature(s) (in blue or other non-black ink)

(Printed Name)

(Title)

As of 9/30/10

APPENDIX A

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor" herein refers to any party to the contract, other than the County of Livingston (herein after "County").

I. NON-ASSIGNMENT CLAUSE. In accordance with Section 109 of the General Municipal Law, this contract may not be assigned by the contractor or its right, title or interest there in assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the County and any attempts to assign the contract without the County’s written consent are null and void.

II. WORKER'S COMPENSATION BENEFITS. In accordance with Section 108 of the General Municipal Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

III. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability or marital status.

Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

IV. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statute, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

V. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 103-d of the General Municipal Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the County a non-collusive bidding certification on Contractor's behalf.

VI. SET-OFF RIGHTS. The County shall have all of its common law and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract.

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VII. RECORD-KEEPING REQUIREMENT. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract for a period of six (6) years following final payment or the termination of this contract, whichever is later, and any extensions thereto. The County Treasurer or County Administrator or any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying. "Termination of this contract", as used in this clause 10, shall mean the later of completion of the work of the contract or the end date of the term stated in the contract.

VIII. MEDICAID/MEDICARE COMPLIANCE. If this contract involves the provision of services and/or materials, any portion of the cost of which will be billed to the Federal or New York State Medicare or Medicaid health care programs, the Contractor certifies that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State Medicare or Medicaid statutes, rules and regulations. The Contractor agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other website required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any of them are on or have been added to the exclusion list. The Contractor shall promptly notify the County if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list.