PIN 4BNY47 and 4BNY48_Project Contract Proposal - Stamped.pdf

US CUSTOMARY UNITS

PIN: 4BNY.47 and 4BNY.48

LD041031

FEDERAL AID PROJECT

Submitted in accordance with the Highway Law and the Standard Specifications officially finalized and adopted as posted on New York State Department of Transportation’s website as of the date of contract advertisement.

Proposal Description:

Rehabilitation of Gibson Street over Mill Creek and White Bridge Road over Canaseraga Creek (BIN 2256330) and (BIN 3316770) Village of Dansville and Towns of West Sparta and Sparta, Livingston County

Letting Time and Date:

11:00 AM on March 12, 2025

Letting Location:

Livingston County Government Center 6 Court Street, Room 208 Geneseo, NY 14454

BOOK 1 OF 1

This Page Left Intentionally Blank

PROJECT MANUAL

REHABILITATION OF

GIBSON STREET OVER MILL CREEK AND

WHITE BRIDGE ROAD OVER CANASERAGA

CREEK, (BIN 2256330) AND (BIN 3316770)

VILLAGE OF DANSVILLE AND

TOWNS OF WEST SPARTA AND SPARTA

LIVINGSTON COUNTY

PIN 4BNY.47 AND 4BNY.48

LD041031

2025-10

Consultant Responsible for the Production of this Project Proposal

CHA Consulting, Inc.

2200 Main Place Tower Buffalo, NY 14202

Younes Drihmi, P.E.

N.Y.S. Lic. No. 100805

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

LISTING OF CONTRACT DOCUMENTS

The contract documents for this project consist of the following items:

1. “Proposal for Rehabilitation of Gibson Street over Mill Creek and White Bridge Road over Canaseraga Creek, (BIN 2256330) and (BIN 3316770), Village of Dansville and Towns of West Sparta and Sparta, Livingston County”, dated January 2025.

2. New York State Department of Transportation “Standard Specifications – Construction and Materials – US Customary Units” with addenda and modifications current as of the date of the project advertisement.

3. Engineering drawings entitled “Contract Drawings for Rehabilitation of Gibson Street over Mill Creek and White Bridge Road over Canaseraga Creek, (BIN 2256330) and (BIN 3316770), Village of Dansville and Towns of West Sparta and Sparta, Livingston County”, dated January 2025.

TABLE OF CONTENTS

PROPOSAL SECTION PAGE NO.

IMPORTANT BIDDER INFORMATION 1

ADVERTISEMENT FOR BIDS 3

PROJECT TITLE SHEET 8

SECTION 1 - CONTRACTOR’S BID PACKAGE (RETURN WITH BID DOCUMENTS) 10

Bid Bond 12

Itemized Proposal 16

Federal DBE Commitment and GFE Bid Requirements 23 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 28

Certification Regarding use of Contract Funds for Lobbying 28

False Claims Certification 29

Non-Collusive Bidding Certification (SFL/GML) 30

Non-Collusive Bidding Certification (2 CFR 1200) 31

Reporting Violations of Non-Collusive Bidding Procedures 32

New York State Office of the Inspector General Hotline 32

Goals for Equal Employment Opportunity (EEO) Participation 33 Required Contract Provisions Federal-Aid Construction Contract (FHWA-1273 – Revised October, 2023) 34

Non-Collusive Bidding Certification – Bidder Information 60

Offer Disclosure of Prior Non-Responsibility Determinations 61

Combined Certification Form – By Executing this Document 62

Livingston County Bid Requirements 64

SECTION 2 - REQUIRED CONTRACT PROVISIONS 72

DBE/MBE/WBE/SDVOB Goals 74

Equal Employment Opportunity (EEO) Participation Goals 76

Supplemental Title VI Provisions 78

Iran Divestment Act 80

SECTION 3 - SUPPLEMENTAL INFORMATION 82

CONR 9 - Supplemental Information Available to Bidders 84

Permits 86

SECTION 4 - DEFINITIONS AND TERMS 109

SECTION 5 - SPECIAL NOTES 114

TABLE OF CONTENTS

PROPOSAL SECTION PAGE NO.

SECTION 6 – SPECIAL SPECIFICATIONS & REVISIONS TO STANDARD SPECFICATIONS 149

SECTION 7 - PREVAILING WAGE RATES 167

New York State Department of Labor 169

Federal Department of Labor 238

SECTION 8 - SPONSOR CONTRACT AGREEMENT 257

Agreement 259

Notice of Award 265

Notice to Proceed 266

Performance Bond 267

Labor and Materials Bond 270

LD041031

IMPORTANT BIDDER INFORMATION

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

This is a is a federally-aided contract subject to the approval of the New York State Department of Transportation (NYSDOT). Whenever municipal contract terms and requirements differ from federal requirements, the federal requirements will prevail.

Livingston County, New York having its principal office at 6 Court Street, in Geneseo, New York to be known throughout this document as the Sponsor.

1. Familiarize Yourself with the Standard Specifications. The current NYSDOT Standard Specifications are stipulated on the front cover of this Project Proposal. Standard Specifications may be accessed at:

https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc. Be certain you access the correct edition of the Standard Specifications.

2. Procurement Lobbying Law. NYS Finance Law restricts communication with Sponsor personnel on procurements; contact can only be made with designated persons. Contact with non-designated persons or other involved Agencies may result in disqualification. Contacts are: for technical questions, the Responsible Local Official (RLO) or his/her designate shown on the Project Title Sheet.

3. DBE/MBE/WBE/SDVOB Goals. https://www.dot.ny.gov/dotapp/ebo. Projects may have one goal for participation by Disadvantaged Business Enterprises (DBE) when Federally funded, or three separate goals for participation by Minority Business Enterprises (MBEs), Women’s Business Enterprises (WBE) and Service-Disabled Veteran-Owned Business (SDVOB) when Non-Federally funded. If the project has

(a) DBE/MBE/WBE/SDVOB goal(s), you must document your good faith efforts to meet the specified participation goals. Solicitation of DBE/MBE/WBE/SDVOBs must begin prior to the submission of your bid. For projects with goals, the PreAward Utilization Package must be submitted to the Office of Construction in accordance with §102-12 D/M/WBE Utilization, using the current version of NYSDOT approved Civil Rights reporting software.

4. 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.

5. Bid Security. Every bid must be accompanied by a bid bond, certified check, bank cashier's check, or an irrevocable standby letter of credit from a bank payable to the Sponsor. The bid security must be in the sum of 5% of the total bid.

6. Do Not Alter the Bid Proposal Unless Directed to Do So by Amendment. Unauthorized alterations could lead to your bid being declared informal. See §102-05 Proposal Submission.

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

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

8. Bid on All Items and Sign the Bid. No zero-dollar bids will be allowed for any item. See §102-05 Proposal Submission.

9. Bids should be submitted to the Sponsor in a sealed envelope prominently labeled "BID ENCLOSED" and addressed to the Sponsor with, The Company Name, Street Address, Federal Identification Number, Project Number and Project Description should be clearly marked on the envelope. The same Federal Identification number should be used on both the envelope and the Planholders List. Low bidders must have a current NYS Vendor Responsibility Questionnaire For-Profit Construction (CCA-2) on file or submit one within 10 days of receipt of the contract. Questionnaires are available at:

www.dot.ny.gov/bids-andlettings/construction-contractors/general-info. Please call (518) 457-2124 if a reasonable accommodation is needed to participate in the Letting.

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

11. If this is a federally funded project, and Federal Davis-Bacon wage rates differ from New York State prevailing wage rates, then the higher of the two rates shall be paid.

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

13. UEI (unique entity identification). The apparent low bidder must provide their UEI (unique entity identification) number within three (3) business days of being identified as such. The UEI is a 12-character alphanumeric ID that can be obtained from http://www.SAM.gov. The UEI is required for all federal contracts and is used to identify entities doing business with the government. Failure to provide the UEI number may result in the bid being disqualified.

https://www.dot.ny.gov/main/business-center/civil-rights/dbe-ojt http://www.sam.gov/

ADVERTISEMENT FOR BIDS

Project:

Owner:

PIN 4BNY.47 and 4BNY.48, LD041031, BID 2025-10 Rehabilitation of Gibson Street Over Mill Creek and White Bridge Road Over Canaseraga Creek, BIN 2256330 and BIN 3316770, Village of Dansville and Towns of West Sparta and Sparta, Livingston County

Livingston County Highway Department

Notice is hereby given that the County of Livingston will accept bids for Rehabilitation of Gibson Street Over Mill Creek and White Bridge Road Over Canaseraga Creek, in the Village of Dansville and Towns of West Sparta and Sparta, Livingston County.

The work will include, bridge substructure repairs, scour protection placement, bridge deck repairs, joint repairs, specialized bridge deck overlays, bridge fascia repairs, approach pavement milling and paving, and pavement markings.

This project is a Locally Administered Federal Aid Project.

Bids should 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 “Rehabilitation of Gibson Street Over Mill Creek and White Bridge Road Over Canaseraga Creek, BIN 2256330 and BIN 3316770, Village of Dansville and Towns of West Sparta and Sparta, Livingston County.”

Sealed bids will be received at the above address until 11:00 AM on Wednesday March 12, 2025, at which time they will be publicly opened and read aloud in Room 208 of said Government Center. The official time for the receipt of bids will be the time shown on the time stamp located in the Board of Supervisors/County Administration area, Room 302, Livingston County Government Center, Geneseo, New York.

E-mailed or faxed bids will not be 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 14, 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 by contacting Younes Drihmi at CHA: tel. 518-453-4743; email: ydrihmi@chasolutions.com. 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.

Questions can be submitted in writing to CHA, 2200 Main Place Tower, Buffalo, NY 14202, or emailed to the person identified above and must be received by 4:00PM on February 28, 2025. Only written Requests for Information (RFIs) will be accepted. The questions received and all answers will be sent to all in receipt of the bid documents no later than 4:00 PM on March 7, 2025. If necessary, an Addendum to the Bidding Documents will be issued.

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

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 and Attachment “D” Certification “Iranian Energy Sector Divestment” pursuant to New York State General Municipal Law Section 103-g in order to be considered. The County of Livingston reserves the right to reject any and all bids.

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.

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 D/M/WBE Pre-Award Participation Package to Livingston County using the NYSDOT approved civil rights reporting software, Equitable Business Opportunity Solution (EBO).

This contract is federally funded and has a DBE goal of 5%.

Project EEO Goals: 5.3% Minority, 6.9% Female

Livingston County and 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 notify all who respond to a written solicitation, request for proposal or invitation for bid, that they will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability/handicap and income status in consideration for an award.

*END OF ADVERTISEMENT*

“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.

PROJECT TITLE SHEET

Livingston County Highway Department PIN: 4BNY.47 and 4BNY.48

LD043031

2025-10 COUNTY: Livingston

FEDERAL AID PROJECT

Proposal Description:

Rehabilitation of Gibson Street over Mill Creek and White Bridge Road over Canaseraga Creek, BIN 2256330 and BIN 3316770, Village of Dansville and Towns of West Sparta and Sparta, Livingston County

Deposit Required: Bid bond in the amount of 5% of total bid

Completion Date: The Contractor will start the work within ten days of receipt of the written Notice to Proceed issued by the Sponsor. The Contractor shall complete the work within 150 calendar days from the date the Notice to Proceed was issued and no later than November 30, 2025.

Questions during Bidding: No interpretation of the meaning of the plans, specifications or other contract documents will be made to any bidder orally. Every request for such interpretation shall be in writing addressed to:

Younes Drihmi, PE, Project Manager, CHA Tel: (518) 453-4743 Email: ydrihmi@chasolutions.com

Addenda to Bid Documents: Addenda to the Bid Documents will be provided to all plan holders of record. All plan holders of record shall provide contact information to which amendments are to be sent (contact information shall include contact person’s name, firm’s name, firm’s address, firm’s phone number, e-mail address, etc.). Said contact information shall be provided to the engineer and owner, in writing, within 24 hours of receipt of Contract Documents.

FEDERAL REQUIREMENTS

1. This is a federal-aid contract subject to the approval of the Federal Highway Administration (FHWA) and the New York State Department of Transportation (NYSDOT).

2. Federal Contract Requirements are contained in Sections 1 and 2.

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

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

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

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

NEW YORK STATE DEPARTMENT OF TRANSPORTATION REQUIREMENTS

1. The NYSDOT Standard Specifications as of date of contract advertisement, as amended, govern work performed under this contract. This shall include Sections 100 through 799, inclusive.

2. The low bidder must have an approved New York State Uniform Contracting Questionnaire (CCA-2

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

mailto:ydrihmi@chasolutions.com https://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info

SECTION - 1

CONTRACTOR’S BID PACKAGE (RETURN WITH BID DOCUMENTS)

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

BID BOND

ITEMIZED PROPOSAL

FEDERAL DBE COMMITMENT AND GFE BID REQUIREMENTS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

FALSE CLAIMS CERTIFICATION

NON-COLLUSIVE BIDDING CERTIFICATION (SFL/GML)

NON-COLLUSIVE BIDDING CERTIFICATION (2 CFR 1200)

REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES

NEW YORK STATE OFFICE OF THE INSPECTOR GENERAL HOTLINE

GOALS FOR EQUAL EMPLOYMENT OPPORTUNITY (EEO) PARTICIPATION

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACT (FHWA-1273 – REVISED

OCTOBER, 2023)

NON-COLLUSIVE BIDDING CERTIFICATION – BIDDER INFORMATION

OFFER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

COMBINED CERTIFICATION FORM – BY EXECUTING THIS DOCUMENT

LIVINGSTON COUNTY BID REQUIREMENTS

SAMPLE BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that ________________________________

(Name of Contractor / Proposer)

(Address)

(hereinafter called the "Principal") and the __________________________________________ a corporation created and existing under the laws of the State of ________________, having its principal office in the City of ____________ and authorized as a surety in the State of New York (such surety or Co-sureties are hereinafter called the "Surety"), are held and firmly bound unto ________________ (hereinafter called the

"Sponsor"), in the full just sum of [Five Percent ( 5%) of Attached Price Proposal], good and lawful money of the

United States of America, for the payment of which said sum of money, well and truly to be made and done, the said Principal binds themselves (himself/herself, itself), their (his/her, its) heirs, executors and administrators, successors and assigns, and the said Surety binds itself, its successors and assigns jointly and severally, firmly by these presents:

WHEREAS, the said Principal has submitted to the Sponsor, a proposal for

(Project Description), and

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

NOW, THEREFORE, the condition of the foregoing obligation is such, that if the said Principal shall promptly execute and submit, and the Sponsor shall accept, all required contract proposal documents including such faithful performance bond or other bonds as may be required by law in accordance with the terms of the

Principal's said proposal, then this obligation shall be null and void, otherwise to remain in full force and virtue.

In case of multiple or co-sureties, the Co-Sureties agree to empower a single representative with authority to act on behalf of all of the Co-Sureties with respect to this Bond, so that the Sponsor will have no obligation to deal with multiple sureties hereunder. All correspondence from the Sponsor to the Co-Sureties and all claims under this Bond shall be sent to such designated representative, and all correspondence so sent shall be deemed to have been sent to all Co-Sureties. The Co-Sureties also agree to designate a single agent for service of process with respect to any actions on this Bond, which agent shall either be a natural person or a corporation qualified to act as an agent for service of process under the laws of the State of New York. The designated representative and agent for service of process may be changed only by delivery of written notice

(by personal delivery or by certified mail, return receipt requested) to the Sponsor designating a single new representative and/or agent, signed by all of the Co-Sureties. The initial representative shall be:

(Name of Representative)

(Address)

(City, State, Zip) and the initial agent for service of process shall be:

(Name of Initial Agent)

(Address)

(City, State, Zip)

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

Signed and delivered this ____ day of ________________ 20____ in the presence of:

(Company)

By ___________________________________________) Principal

(Signature)

(Title of Authorized Officer)

(Company)

By __________________________________________) Surety (or Co-Surety)

(Signature)

(Title of Authorized Officer)

(Company)

By __________________________________________) Co-Surety

(Signature)

(Title of Authorized Officer)

(Company)

By __________________________________________) Co-Surety

(Signature)

(Title of Authorized Officer)

(The Surety Company shall append a single copy of a statement of its financial condition and a copy of the resolution authorizing the execution of Bonds by officers of the Company to the bond(s).)

(Acknowledgment of principal, unless it be a corporation)

STATE OF NEW YORK ss.:

COUNTY OF______________

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

Notary Public

(Acknowledgment of principal, if a corporation)

STATE OF NEW YORK ss.:

COUNTY ______________

On this _____ day of _____________ 20 ___, before me personally came _________________________ to me known and known to me to be the person, who being by me duly sworn, did depose and say that he/she resides in _________________________ that he/she is the ______________________ of

___________________________ the corporation described in and which executed the foregoing instrument;

and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation.

Notary Public

(Acknowledgment of contractor, if a limited liability company)

STATE OF NEW YORK ss.:

COUNTY OF ______________

On this ____ day of _____________ 20 ____, before me personally came _________________________ to me known, and known to me to be the person who being duly sworn, did depose and say that he/she resides in

_________________________; that he/she is the duly authorized member of the limited liability company described in and which executed the foregoing instrument; and that he/she executed the foregoing instrument on behalf of the limited liability company for the purposes set forth therein as the act and deed of said limited liability company.

Notary Public

(Acknowledgment of Surety Company)

STATE OF NEW YORK ss.:

COUNTY OF ______________

On this _____ day of _____________ 20 ___, before me personally came ________________________ to me known and known to me to be the person, who being by me duly sworn, did depose and say that he/she resides in _____________________. that he/she is the ___________________ of

_________________________________ the corporation described in the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said Corporation.

Notary Public

JURAT

ITEMIZED PROPOSAL

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

The undersigned also hereby declares to have carefully examined the plans (if applicable), specifications and form of contract, and to have personally inspected the actual location of the work together with the local sources of supply, to be satisfied as to all the quantities and conditions, and understands that in signing this proposal waives all right to plead any misunderstanding regarding the same.

The undersigned further understands and agrees to furnish and provide for the respective item price bid all the necessary material, machinery, implements, tools, labor services and other items of whatever nature, and to do and perform all the work necessary under the aforesaid conditions, to complete the improvement of the aforementioned project in accordance with the plans and specifications for said improvement, which plans and specifications it is agreed are a part of this proposal, and to accept in full compensation therefore the amount of the summation of the products of the approximate quantities multiplied by the unit prices bid. This summation will hereinafter be referred to as the gross sum bid.

The undersigned further agrees to accept the aforesaid unit bid prices as compensations for any additions or deductions caused by variation in quantities due to more accurate measurement, and for use in the computation of the value of the work performed for monthly estimates.

The undersigned further agrees that if at any time during the progress of work the Sponsor adds, alters or omits portions of the work it shall so perform such work and accept compensation in accordance with the Standard Specifications.

The undersigned further understands and agrees not to start any work until the contract agree-ment is signed by the Sponsor. In case the undersigned voluntarily undertakes to start work, other than that expressly prohibited in this Subsection, after the contract agreement is signed by the Sponsor the undersigned does so entirely at its own risk and without obligation or responsibility on the part of the

Sponsor unless and until the awarded contract becomes effective by approval of the Sponsor, and hereby agrees and warrants that, as a prerequisite to the start of any such voluntary work, accepts, assumes and undertakes all of the provisions of this proposal and of the plans (if applicable) and specifications of the proposed contract, including all of the provisions and responsibilities thereof relative to (1) damage, indemnification and holding the Sponsor harmless as set forth in said contract documents, and (2) actually furnishing in advance of any contract operations, the required insurance policies of each and every kind and amount as called for in said contract documents, particularly with relation to workers’ compensation and liability insurance policies as set forth in the related specifications; and also agrees and warrants that all of such policies will be in force and effect on the date of the start of any such contract operations, whether or not the contract documents have been executed and filed as aforesaid. In no event shall the undersigned start any contract work which involves a disturbance of the contract site prior to execution of the contract by the Sponsor.

JURAT

The undersigned further acknowledges receipt of the following addenda to the subject project (if none, state "NONE"):

Addendum No. Dated

Addendum No. Dated

Addendum No. Dated

Receipt is hereby acknowledged for all addenda listed above.

Signature of Bidder Date

Rehabilitation of Gibson Street over Mill Creek and White Bridge Road over Canaseraga Creek BIN 2256330 and BIN 3316770 PIN 4BNY.47 and 4BNY.48 ITEMIZED PROPOSAL

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

DOLLARS CENTS DOLLARS CENTS

203.03 EMBANKMENT IN PLACE 32.00 CY _____________________________________________

206.01 STRUCTURE EXCAVATION 135.00 CY _____________________________________________

206.0201 TRENCH AND CULVERT EXCAVATION 149.00 CY _____________________________________________

404.0001 PLANT PRODUCTION QUALITY ADJUSTMENT TO

ASPHALT ITEMS 9.00 QU 95 00 _____________________________________________

$855 00

404.0982 9.5 F2 TOP COURSE ASPHALT, 80 SERIES

COMPACTION 161.00 TON _____________________________________________

407.0102 DILUTED TACK COAT 134.00 GAL _____________________________________________

490.30 MISCELLANEOUS COLD MILLING OF BITUMINOUS

CONCRETE 1300.00 SY _____________________________________________

520.05000010 SAW CUTTING PCC AND COMPOSITE PAVEMENT 25.00 LF _____________________________________________

553.020001 COFFERDAMS (TYPE 2) 1.00 EACH _____________________________________________

553.020002 COFFERDAMS (TYPE 2) 1.00 EACH _____________________________________________

BID PRICE

ITEM NUMBER ITEM DESCRIPTION EST. QTY. UNITS

UNIT BID PRICE

UNIT PRICE IN WORDS

PIN 4BNY.47 and 4BNY.48 ITEMIZED PROPOSAL

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

DOLLARS CENTS DOLLARS CENTS

BID PRICE

ITEM NUMBER ITEM DESCRIPTION EST. QTY. UNITS

UNIT BID PRICE

UNIT PRICE IN WORDS

556.0202 EPOXY-COATED BAR REINFORCEMENT FOR

STRUCTURES 2100.00 LB _____________________________________________

557.26000016 CRACK SEALING USING HIGH MOLECULAR WEIGHT

METHACRYLATE - FLOODING 38.00 SY _____________________________________________

559.01

PROTECTIVE SEALING OF STRUCTURAL CONCRETE

ON NEW BRIDGE, DECKS AND BRIDGE DECK

OVERLAYS

4600.00 SF _____________________________________________

559.03 PROTECTIVE SEALING OF EXISTING STRUCTURAL

CONCRETE AND EXISTING BRIDGE DECKS 3160.00 SF _____________________________________________

567.51000009 SEALING EXISTING BRIDGE JOINTS 102.00 LF _____________________________________________

579.03000002

STRUCTURAL SLAB RECONSTRUCTION

PREPARATION, HYDRODEMOLITION-

REINFORCEMENT EXPOSURE NOT REQUIRED

4820.00 SF _____________________________________________

582.0051 REMOVAL AND REPLACEMENT OF STRUCTURAL

CONCRETE 13.00 CY _____________________________________________

582.99

PERFORMANCE CONCRETE QUALITY ADJUSTMENT -

REMOVAL AND REPLACEMENT OF STRUCTURAL

CONCRETE

1.00 QU 32 00 _____________________________________________

$32 00

584.14000016 RAPID HARDENING CONCRETE FOR BRIDGE AND

APPROACH SLAB REPAIRS 1240.00 LB _____________________________________________

584.21010001 ULTRA HIGH PERFORMANCE CONCRETE (UHPC)

OVERLAY 610.00 CF _____________________________________________

PIN 4BNY.47 and 4BNY.48 ITEMIZED PROPOSAL

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

DOLLARS CENTS DOLLARS CENTS

BID PRICE

ITEM NUMBER ITEM DESCRIPTION EST. QTY. UNITS

UNIT BID PRICE

UNIT PRICE IN WORDS

586.0201 DRILLING AND GROUTING BOLTS OR

REINFORCEMENT BARS 335.00 EACH _____________________________________________

606.53 RESETTING BOX BEAM GUIDE RAILING 106.00 LF _____________________________________________

614.060201

TREE REMOVAL OVER 6 INCHES TO 12 INCHES

DIAMETER BREAST HEIGHT - STUMPS CUT TO ABOVE

GRADE

2.00 EACH _____________________________________________

614.060301

TREE REMOVAL OVER 12 INCHES TO 18 INCHES

DIAMETER BREASTHEIGHT - STUMPS CUT TO ABOVE

GRADE

3.00 EACH _____________________________________________

619.01 BASIC WORK ZONE TRAFFIC CONTROL 1.00 LS _____________________________________________

619.04 TYPE III CONSTRUCTION BARRICADE 96.00 EACH _____________________________________________

619.111211

(PVMS) STANDARD SIZE - LINE OR CHARACTER

MATRIX (LED) NOOPTIONAL EQUIPMENT SPECIFIED

NO CELLULAR COMMUNICATION REQD

4.00 CW _____________________________________________

619.1711 TEMPORARY POSITIVE BARRIER - CATEGORY 1

(PINNING PROHIBITED) 124.00 LF _____________________________________________

619.1719 WARNING LIGHTS ON TEMPORARY POSITIVE

BARRIERS 32.00 EACH _____________________________________________

620.05 STONE FILLING (HEAVY) 303.00 CY _____________________________________________

PIN 4BNY.47 and 4BNY.48 ITEMIZED PROPOSAL

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

DOLLARS CENTS DOLLARS CENTS

BID PRICE

ITEM NUMBER ITEM DESCRIPTION EST. QTY. UNITS

UNIT BID PRICE

UNIT PRICE IN WORDS

620.0801 BEDDING MATERIAL, TYPE 1 62.00 CY _____________________________________________

625.01 SURVEY OPERATIONS 1.00 LS _____________________________________________

627.50140008 CUTTING PAVEMENT 120.00 LF _____________________________________________

637.11 ENGINEER'S FIELD OFFICE - TYPE 1 6.00 MNTH _____________________________________________

637.34 OFFICE TECHNOLOGY AND SUPPLIES 4000.00 DC 1 00 _____________________________________________

$4,000 00

640.20 WHITE PAINT REFLECTORIZED PAVEMENT STRIPES -

20 MILS 600.00 LF _____________________________________________

640.21 YELLOW PAINT REFLECTORIZED PAVEMENT STRIPES -

20 MILS 600.00 LF _____________________________________________

697.03 FIELD CHANGE PAYMENT 50000.00 DC 1 00 _____________________________________________

$50,000 00

698.04 ASPHALT PRICE ADJUSTMENT 200.00 DC 1 00 _____________________________________________

$200 00

698.05 FUEL PRICE ADJUSTMENT 200.00 DC 1 00 _____________________________________________

$200 00

PIN 4BNY.47 and 4BNY.48 ITEMIZED PROPOSAL

LIVINGSTON COUNTY HIGHWAY DEPARTMENT

DOLLARS CENTS DOLLARS CENTS

BID PRICE

ITEM NUMBER ITEM DESCRIPTION EST. QTY. UNITS

UNIT BID PRICE

UNIT PRICE IN WORDS

SUBTOTAL

699.040001 MOBILIZATION 1.00 LS _____________________________________________

TOTAL

SUM BID

___________________________________Dollars and _______________________________Cents

___________________________________Dollars and _______________________________Cents

Letting Date:

Proposer Name

Address:

PIN

Contract # DBE Goal % as Stated in the Advertisement

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

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

*Key: DBE Credit %

Fabricator

Professional Service 100

Construction 100

Trucking Firm

Manufacturer

Material Supplier

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

You are required to have firm commitments at the time of Letting. Within 5 calendar days of notification as apparent Low Bidder, you shall enter exactly (as shown) all of the DBE commitments identified here, into Equitable Business Opportunity Solution (EBO), NYSDOT's civil rights reporting software. No substitutions or reductions in commitments will be allowed without prior approval by the

Sponsor, in accordance with NYSDOT Standard Specification §105-21.D.3.

NOTE: Bids may be submitted below the DBE Goal. If you do not meet the DBE Goal and are identified as apparent Low Bidder, you will be required to submit a Good Faith Effort package to the Sponsor, within 5 calendar days of notification.

Work Categories:

Construction Closed Drainage Installation 100 $1,120,000 $1,120,000 Example Company: Drainage R Us

Address: 2543 Lexington Street, Troy, NY 12180

DBE Name: Work Category*

Federal DBE Commitment and GFE Bid Requirements

Submitted By:

Enter Proposers Contact Information

Name:

Title:

Company Federal Tax ID XX‐XXXXXXX

Address:

Address:

Address:

Address:

Address:

Address:

Description of Work DBE Credit % (A) Commitment (B) DBE Credit (AxB)

AAP 14LL

(5/2021) rkitchen Line rkitchen Line

APPENDIX 12-1

CONSTRUCTION CONTRACT REQUIREMENTS

REVISED October 2023

This page has been left intentionally blank.

CONTENTS

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION (FHWA Section 1273 X)

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

XI)

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

REPORTING VIOLATIONS OF NON-COLLUSIVE BIDDING PROCEDURES,

GOALS FOR EQUAL EMPLOYMENT OPPORTUNITY (EEO) PARTICIPATION

REQUIRED CONTRACT PROVISIONS

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

IN EACH BID PROPOSAL.

Appendix 12-1.1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION (FHWA Section 1273 X)

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

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

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

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

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

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

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

XI)

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

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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

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

EACH BID PROPOSAL.

Appendix 12-1.2

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

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

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

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

The Contractor to whom the above-identified contract is to be awarded does hereby certify to the

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

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

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

EACH BID PROPOSAL.

Appendix 12-1.3

NON-COLLUSIVE BIDDING CERTIFICATION

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

1. By submission of this bid:

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

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

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

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

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

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

2. Any bid hereafter made to the state or any public department, agency, or official thereof…