Specifications.pdf

MONTGOMERY COUNTY

DEPARTMENT OF PUBLIC WORKS

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR BRIDGE REPLACEMENT OF

RFP 04-24

CRANES HOLLOW ROAD (CR 2)

OVER EVANS KILL

BIN 3310320

TOWN OF AMSTERDAM

MONTGOMERY COUNTY, NEW YORK

MARCH 2024

PROJECT # 60713550

TABLE OF CONTENTS

NOTICE TO BIDDERS………………………….....................................................N-1 TO N-2

INFORMATION FOR BIDDERS.........................................................................BID-1 TO BID-7

PROPOSAL.................................................................................................................P-1 TO P-19

AGREEMENT.................................................................................…........................A-1 TO A-18

GENERAL CONDITIONS....................................................................................GC-1 TO GC-15

NYS WAGE RATES

TECHNICAL PROVISIONS.....................................................................................TP-1 TO TP-5

GENERAL REQUIREMENTS FOR MATERIALS...............................................GR-1 TO GR-4

SUPPLEMENTAL SPECIFICATIONS

Title Page....................................................................................… SS-1 Applicable NYSDOT Items............................................................ SS 2-1 TO SS 2-2 Items 555.97010016 and 555.97020016- Concrete for Structures, Class HP (Reinforcement Included and No Bar List in Plans) and Footing Concrete, Class HP (Reinforcement Included and No Bar List in Plans)……….……………………… SS 3-1 Item 563.030001MC – Precast Concrete Hollow Slab Units..…...SS 4-1 TO SS 4-2 Item 620.29010009 – Native Stream Bed Material…………..…...SS 5-1 TO SS 5-2 Item 627.50140008 – Cutting Pavement………………………… SS 6-1

APPENDIX A............................................................................……ACOE Nationwide Permit #3

APPENDIX B ....................................................................................……….…….Boring Logs

APPENDIX C………………………………………...……………. Utility Contact Information

APPENDIX D……………………………………………...……………….….. PG Binder Note

NOTICE TO BIDDERS

N-1

NOTICE TO BIDDERS

Pursuant to Section 103 of the General Municipal Law, sealed bids will be received by the undersigned for the replacement of the Cranes Hollow Road (CR 2) Bridge over the Evans Kill, Town of Amsterdam, Montgomery County, New York, identifies as BIN 3310320

Sealed bids must be delivered to said office of the Montgomery County Purchasing Department, County of Montgomery not later than 10:00 A.M., Thursday, April 4, 2024, at 20 Park Street, Fonda, NY 12068.

Bids will be publicly opened and read aloud at 10:30 A.M., Thursday, April 4, 2024, at 113 Park Drive, Fultonville, NY 12072.

Contract Documents, including Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications and Forms of Bid Bond, Performance and Payment Bond, and other contract documents, may be examined, at no expense, on the Montgomery County Purchasing Department website:

https://www.co.montgomery.ny.us/web/sites/departments/purchasing/default.asp

Contractors that obtain Contract Documents from a source other than the issuing office must notify the issuing office in order to be placed on the official Plan Holder List, to receive Addenda and any other Bid correspondence. Bids received from Contractors other than those on the official Plan Holders List will not be accepted.

Addenda, if any, will be emailed from Montgomery County Purchasing to Bidders listed on the official Plan Holders List. An emailed response from the Bidder, to the Addendum sent by Montgomery County Purchasing will act as proof that the Bidder received the Addendum. In addition to an emailed response, Bidders must acknowledge receipt of all Addenda by acknowledging each Addendum on page 1 of the Proposal. Failure of any Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligation under the Bid submittal. All Addenda so issued shall become part of the Contract Documents.

The right is reserved by the County of Montgomery to waive any informalities in and reject any or all bids.

Montgomery County Purchasing Buyer Fonda, New York 12068-1500

Dated: March 14, 2024 Fonda New York

N-2

The NYS Department of Transportation Standard Specifications

The New York State Department of Transportation Standard Specifications, as amended, herein referred “Standard Specifications” are hereby incorporated in this project in their entirety, except as specified within the contract documents or this notice.

The Contractor is advised that the Commissioner of New York State Department of Transportation, hereby referred to as “Commissioner” and the New York State Department of Transportation, hereby referred to as “Department”, as defined in Section 101 of the Standard specifications have delegated any actions required of them within the Standard Specifications to Montgomery County, or the named agent of Montgomery County. This shall include, but not limited to, providing supplemental bid information, bid and bond formats and submittals, receipt of submittals, providing material certifications and reviews, granting of time extensions, payments of estimates, furnishing ROW, overtime dispensation processing, approval of shop drawings, installation methods and construction details, and monitoring and enforcing safety, health and environmental requirements and permits.

INFORMATION FOR BIDDERS

BID - 1

INFORMATION FOR BIDDERS

1. SCOPE OF WORK

The work to be performed under this Contract consists of furnishing all tools, materials, labor, bonds, insurance, supervision, and the performance of all work necessary and proper to complete the project as specified and as shown on the Contract Plans.

The work to be performed is more specifically described in the Technical Provisions, as is the Project Location.

2. TIME OF COMPLETION

Bidder must agree to commence work within ten (10) days on the date in a written "Notice to Proceed" of the Owner and to fully complete the project within one hundred and fifty (150) calendar days. In default thereof, the Contractor shall be liable for liquidated damaged in the amount of One Thousand Five Hundred Dollars ($1,500.00) per calendar day of delinquency. The terms and condition of Section 108-04 of the State Specifications shall also apply.

3. RECEIPT AND OPENING OF BIDS

Bids will be received by the Owner on the date and time specified in the Notice To Bidders, at which time they will be publicly opened and read aloud. The Owner may consider non-responsive any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No Bidder may withdraw their bid for 45 days after the opening date or until accepted or rejected by Montgomery County.

4. PREPARATION OF BID

(1) Each bid must be submitted on the prescribed forms and accompanied by Bid Security and Corporation Certificate and other documentation as specified in the Information for Bidders and Proposal sections of this document.

(2) If the bid is forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope and clearly marked with the name and address of the Bidder, the name of the project, and labeled "Bid Proposal".

(3) All blank spaces in the bid must be filled in, and, except as otherwise expressly provided in the Bidding Documents, no other change is to be made in the phraseology of the bid or in the items mentioned therein.

BID - 2

(4) Proposals that are illegible or that contain any omission, erasures, alterations, additions, or items not called for in the itemized proposal or that contain irregularities of any kind, may be rejected as informal.

(5) Any bid may be considered informal which does not contain prices in words and figures in all of the spaces provided or which is not accompanied by bid security in proper form. In case any price shown in words and its equivalent shown in figures do not agree, the written words shall be binding upon the Bidder.

(6) If the bid is made by a corporation, the names and places of residence of the president, secretary, and treasurer shall be given. If by a joint venture, the names and addresses of the members of the joint venture. If by an individual, that person's name and place of residence shall be given.

(7) Permission will not be given to modify, explain, withdraw, or cancel any bid or part thereof after the time designated in the Bidding and Contract Documents for the opening of bids.

5. SUBCONTRACT

The Bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this Contract must be acceptable to the Owner.

6. ADDENDA AND INTERPRETATIONS

No interpretations of the meaning of the Plans, Specifications, or other pre-bid documents will be made to any Bidder orally. Every request for such interpretation should be in writing addressed to:

AECOM

40 British American Boulevard Latham, New York 12110 and, to be given consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the Specifications which, if issued, will be mailed by certified mail from AECOM, with return receipt requested to all prospective Bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any Bidder to receive any such Addenda or interpretation shall not relieve such Bidder from any obligation under its bid as submitted. All Addenda so issued shall become part of the Contract Documents.

BID - 3

7. SALES AND COMPENSATING USE TAX

(1) SALES AND COMPENSATING USE TAX EXEMPTION

FOR MATERIALS SOLD TO OWNER

The Owner is exempt from payment of sales and compensating use taxes of the State of New York and of cities and counties on all supplies and materials sold to the Owner pursuant to this Contract. This exemption does not, however, apply to tools, machinery, equipment, or other property leased by or to the Contractor or a subcontractor or to the supplies and materials not incorporated into the completed project. The Contractor and its subcontractors shall be responsible for any and all applicable taxes, including sales and compensating use taxes, on such leased tools, machinery, equipment, and other property.

(2) SALES AND COMPENSATING USE TAX

FOR MATERIALS PURCHASED FOR RESALE

The purchase by the Contractor or by its subcontractors of supplies and materials sold hereunder will be a purchase for resale and therefore not subject to the New York State Sales and Compensating Use Taxes or any such taxes of cities or counties. The Contractor or its subcontractor, at the request of the Owner, shall furnish to the Owner such bills of sale and other instruments as may be required by the Owner, properly executed, acknowledged and delivered, assuring to the Owner title to such supplies and materials free of encumbrances.

The Contractor or its subcontractor shall mark or otherwise identify all such supplies and materials as the property of the Owner. All subcontractor agreements shall provide for resale of such supplies and materials prior to and separated and apart from the incorporation of such supplies and materials into the permanent construction.

8. QUALIFICATION OF BIDDER

The Owner may make such investigations as is deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such a Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted.

9. BID SECURITY

Proposals will not be considered unless accompanied by a Certified Check of the Bidder, or a bid bond, duly executed by the Bidder as principal and having as Surety thereon a surety company approved by the Owner, in the amount of ten (10%) percent of the gross amount of the bid, made payable to Montgomery County, as a guarantee for the time stated in the proposal and will furnish good and sufficient bond for the faithful performance of the contract. Bid security will be returned to all bidders upon the execution of a contract but in no case later than thirty days from bid opening.

BID - 4

(1) POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of the power of attorney.

10. POST-BID INFORMATION

Within five (5) days of the bid opening, the apparent low Bidder shall furnish, in writing, the following information to the Engineer:

(1) Statement that project can be completed within established time.

(2) The proportion of the work to be performed by the Bidder with the Bidder's own forces.

(3) A list of subcontractors (other than suppliers) with their qualifications to perform the work.

11. AWARD OF CONTRACT

(1) The award of the Contract shall be made to the lowest responsive and responsible Bidder who, in the opinion of the Owner, will best promote the public interest as provided by Section 38 of the Highway Law. The lowest bid shall be determined by the Owner on the basis of the gross sum (as set forth in the Bid Proposal form), which has been arrived at by a correct computation of all the items specified at the unit prices (if any) in the bid therefor.

The Owner shall also determine the lowest bid by adding to or deducting from the base bid any alternates as set forth in the Bid Proposal Form. In determining the lowest responsible Bidder - absent prequalification and assuming the existence of a responsive bid - the Owner and the Engineer will consider the Bidders' expertise, financial capacity, general reputation, past performance on similar jobs, and other comparable factors, all with a view to selecting the Contractor who will perform the work properly, at the lowest price and the least administrative cost to the Owner.

(2) Subject to the right hereinafter reserved, the work will be awarded within forty-five (45) calendar days after the opening of bids or when formally accepted by the resolution to a single responsible Bidder or any combination of Bidders whose bid conforms to the requirements of the Bidding Documents.

(3) The right is reserved, as the interest of the Owner may require, to reject any bid or all bids and to waive any informality in any bid received. Without limiting the generality of the foregoing:

a. A bid may be rejected if the Bidder failed to furnish the required bid security or to submit the data required with or after the bid.

BID - 5

b. A bid may be rejected if the Bidder cannot show to the satisfaction of the Owner (1) that the Bidder has the necessary capital, skill, and experience; or (2) that the Bidder owns, controls, or can procure the necessary plant and equipment to commence the work at the time prescribed in the Contract and thereafter to prosecute and complete the work at the rate, or within the time, specified; or (3) that the Bidder is not already obligated by the performance of so much other work as would be likely to delay the commencement, prosecution, or completion of the work contemplated by the Contract.

c. A bid, if it does not provide for the completion in the time specified, will be rejected.

(4) The Owner also expressly reserves the right to reject any bid, if, in the Owner's opinion -considering the work to be performed, the facts (as to the Bidder's business or technical organization, plant, financial, and other resources or business experience compared with the work bid upon) justify rejection.

(5) The award of the Contract shall not be construed as a guarantee by the Owner that the personnel, equipment, and the general scheme of operations and other data submitted by the Bidder, with or after the bid, is either adequate or suitable for the satisfactory performance of the work.

12. REQUIRED BONDS

(1) Within ten (10) calendar days after the receipt of Notice of Award, the Contractor shall procure, execute, and deliver to the Owner and maintain, at the Contractor's own cost and expense, a Performance Bond and a Labor and Material Bond - both of which bonds shall be on the form prescribed by the Owner and in an amount not less than 100% of the total amount of the Contract awarded to the Contractor by the Owner. Said bonds must be issued by a surety company, approved by the Owner and authorized to do business in the State of New York as a surety.

(2) Attorneys-in-fact who execute said bonds on behalf of a surety must affix thereto a certified and effectively dated copy of the power of appointment.

13. REQUIRED CERTIFICATES

The Contractor and its subcontractors and materialmen are required to obtain all necessary exemption certifications from the Owner and to furnish a resale certificate to all persons, firms, or corporations from which they purchase supplies and materials in performance of work under this Contract.

14. NON-DISCRIMINATION IN EMPLOYMENT

Contracts for work under this proposal will obligate the Contractors and their subcontractors not to discriminate in employment practices.

BID - 6

Bidders must, if requested, submit a compliance report concerning their employment practices and policies in order to maintain their eligibility to receive the award of the Contract.

Successful Bidders must, if requested, submit a list of all subcontractors who will perform work on the project and written signed statements from authorized agents of the labor pools with which they will or may deal for employees on the work together with supporting information to the effect that said labor pools' practices and policies are in conformity with Executive Order No. 11246 and that said labor pools will affirmatively cooperate in or offer no hindrance to the recruitment, employment, and equal treatment of employees seeking employment and performing work under the Contract or a certification as to what efforts have been made to secure such statements when such agents or labor pools have failed or refused to furnish same prior to the award of the Contract.

Successful Bidders must be prepared to comply in all respects with the non-discrimination provisions to be found in the proposal section of the Contract Documents and in the New York State Department of Transportation Standard Specifications.

15. NON-COLLUSIVE BIDDING CERTIFICATE

All contractors bidding under the provisions of the Specifications are subject to provisions of Section 103 of the General Municipal Law of the State of New York.

16. ESCALATION OF COST

The Contractor will not be entitled to extra reimbursement due to escalation of cost for inflation.

17. NOTICE OF SPECIAL AND SUPPLEMENTAL CONDITIONS

The Contractor's attention is particularly called to those parts of the Contract Documents and Specifications which deal with the following:

(1) Insurance Requirements

(2) Wage Rates

(3) Contract Requirements

(4) Special Conditions

(5) Supplemental Conditions

18. LAWS AND REGULATIONS

The Bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. They will be deemed to be included in the Contract the same as though herein written out in full.

BID - 7

19. OBLIGATION OF BIDDER

The Contractor agrees that before making its proposal it carefully examined the contract documents, together with the site of the proposed work, as well as its surrounding territory, and is informed regarding all of the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, including the existence of poles, wires, pipes and other facilities and structures of municipal and other public service corporations on, over or under the site, except latent conditions that meet the requirements of §104-03, and that its information was secured by personal and other investigation and research.

20. CONDITIONS OF WORK

Each Bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve the successful Bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the Contract.

Insofar as possible, the Contractor, in carrying out the work, must employ such methods and means as will not cause any interruption of or interference with the operation of the existing facilities.

21. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

The successful Bidder, upon failure or refusal to execute and deliver the Contract and bonds required (within 10 days after receiving notice of the acceptance of the bid), shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with that bid.

PROPOSAL

P-1

PROPOSAL

Date:_______________

Proposal of ___________________________________________________________________ to furnish and deliver all material and do and perform all work in accordance with the Specifications, Drawings, and Contract Documents of the Montgomery County Department of Public Works, for the Replacement of the Cranes Hollow Road (CR 2) Bridge (BIN 3310320) over the Evans Kill in the Town of Amsterdam, Montgomery County, New York.

The envelope containing the bids must be sealed and addressed to the Owner at:

Montgomery County Purchasing Buyer Office Building Annex, 1st Floor

20 Park Street Fonda, New York 12068-1500 and designated as bid for:

REPLACEMENT OF

CRANES HOLLOW ROAD BRIDGE (CR 2)

OVER EVANS KILL BIN 3310320

TOWN OF AMSTERDAM

ADDENDA ACKNOWLEDGMENT

Addendum No. Date Received

MONTGOMERY COUNTY DEPARTMENT OF PUBLIC WORKS

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES

1 201.06 NEC Clearing and Grubbing

FOR

Lump Sum

2 202.120001 NEC Removing Existing Superstructures

FOR

Lump Sum

3 202.19 286 Removal of Substructures

FOR

Per Cubic Yard

4 203.02 306 Unclassified Excavation and Disposal

FOR

Per Cubic Yard

5 203.03 377 Embankment in Place

FOR

Per Cubic Yard

6 203.21 248 Select Structure Fill

FOR

Per Cubic Yard

7 206.01 937 Structure Excavation

FOR

Per Cubic Yard

ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

P-2

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

8 206.0201 43 Trench and Culvert Excavation

FOR

Per Cubic Yard

9 207.26 97 Prefabricated Composite Structural Drain

FOR

Per Square Yard

10 209.13 200 Silt Fence - Temporary

FOR

Per Linear Foot

11 304.12 282 Subbase Course, Type 2

FOR

Per Cubic Yard

12 404.000011 8 Plant Production Quality Adjustment To Asphalt Items FOR Eighty dollars and no cents 80.00$ 640.00$

Per Quality Unit

13 404.098301 55.00 9.5 F3 Top Course Asphalt, 80 Series Compaction

FOR

Per Ton

14 404.198901 100.00 19 F9 Binder Course Asphalt, 80 Series Compaction

FOR

Per Ton

P-3

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

15 407.0102 34 Diluted Tack Coat

FOR

Per Gallon

16 551.012063 1666 Steel H-Piles (HP 12x63)

Per Linear Foot

17 551.13 NEC Furnishing Equipment for Driving Piles

Lump Sum

18 551.14 2 Dynamic Pile Load Testing

Each

19 553.020001 1 Cofferdams (Type 2)

Each

20 553.020002 1 Cofferdams (Type 2)

Each

P-4

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

21 555.97010016 96.4 Concrete for Structures, Class HP (Reinforcement Included and No Bar List in Plans)

FOR

Per Cubic Yard

22 555.97020016 98.9 Footing Concrete, Class HP (Reinforcement Included and No Bar List in Plans)

FOR

Per Cubic Yard

23 557.2003 147.5 Structural Approach Slab with Integral Wearing Surface - Type 3 Friction

FOR

Per Square Yard

24 557.4303 180.5 Superstructure Slab With Integral Wearing Surface

- HPIC Bottom Formwork Not Required - Type 3 Friction

FOR

Per Square Yard

25 558.02 304 Longitudinal Sawcut Grooving of Structural Slab Surface

FOR

Per Square Yard

P-5

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

26 559.01 3073 Protective Sealing of Structural Concrete on New Bridge, Decks, and Bridge Deck Overlays

FOR

Per Square Foot

27 559.02 818 Protective Sealing of New Structural Concrete

FOR

Per Square Foot

28 563.030001MC 1440 Precast Concrete Hollow Slab Units

FOR

Per Square Foot

29 565.1922 16 Type E.L. Bearing (56 to 111K)

FOR

Each

30 568.51 135 Steel Bridge Railing (Four Rail)

FOR

Per Linear Foot

31 568.70 128 Transition Bridge Railing

FOR

Per Linear Foot

P-6

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

32 606.10 27 Box Beam Guide Railing

FOR

Per Linear Foot

33 606.100002 18 Box Beam Guide Railing (Shop Bent or Shop Mitered)

FOR

Per Linear Foot

34 606.120101 2 Box Beam End Piece

FOR

Each

35 606.120201 2 Box Beam Guide Railing End Assembly, Type IIA

FOR

Each

36 606.63 249 Removing and Storing Box Beam Guide Railing

FOR

Per Linear Foot

37 610.1403 51 Topsoil - Lawns

FOR

Per Cubic Yard

38 610.1602 609 Turf Establishment - Lawns

FOR

Per Square Yard

P-7

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

39 619.01 NEC Basic Work Zone Traffic Control

FOR

Lump Sum

40 619.04 10 Type III Construction Barricade

FOR

Each

41 619.1711 80 Temporary Positive Barrier - Category 1 (Pinning Prohibited)

FOR

Per Linear Foot

42 619.1719 8 Warning Lights on Temporary Positive Barriers

FOR

Each

43 620.04 40 Stone Filling (Medium)

Per Cubic Yard

44 620.05 308 Stone Filling (Heavy)

Per Cubic Yard

P-8

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

45 620.0801 45 Bedding Material, Type 1

FOR

Per Cubic Yard

46 620.29010009 23 Native Stream Bed Material (A)

Per Cubic Yard

47 625.01 NEC Survey Operations

FOR

Lump Sum

48 627.50140008 78 Cutting Pavement

FOR

Per Linear Foot

49 698.04 711 Asphalt Price Adjustment FOR One dollar and no cents 1.00$ 711.00$

Dollars and Cents

50 698.05 701 Fuel Price Adjustment FOR One dollar and no cents 1.00$ 701.00$

Dollars and Cents

51 698.06 100 Steel/Iron Price Adjustment FOR One dollar and no cents 1.00$ 100.00$

Dollars and Cents

P-9

CRANES HOLLOW (CR2) ROAD BRIDGE OVER EVANS KILL - BIN 3310320

ITEM NYSDOT ESTIMATED

ITEM QUANTITIES ITEM WITH UNIT BID PRICE WRITTEN IN WORDS

UNIT BID

PRICE

AMOUNT

BID

52 699.040001 NEC Mobilization (4% Max for Items 1 through 51)

FOR

Lump Sum

(IN FIGURES)(IN WORDS)

TOTAL ITEMS 1 THROUGH 52

P-10

P-11

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 Owner, or any person in the employ of the Owner 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, 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 at any time during the progress of work the Owner 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 agreement is signed by the Owner or the Owner's duly authorized representative. In case the undersigned voluntarily undertakes to start work, the undersigned does so entirely at its own risk and without obligation or responsibility on the part of the Owner; 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 and specifications of the proposed contract, including all of the provisions and responsibilities thereof relative to (1) damage, indemnification and holding the Owner 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 Owner.

P-12

Bid Deposit Accompanying this proposal is a bid bond, certified check or bank cashier's check for the specified amount of deposit required. In the event this proposal is accepted by the Owner and the undersigned shall fail to execute the contract and in all respects comply with the provisions of Section 38 of the Highway Law, as amended, the moneys represented by such bid bond, certified check or bank cashier's check shall be regarded as liquidated damages and shall be forfeited and become the property of the Owner; otherwise to be returned to the depositor in accordance with the provisions of said Section 38 of the Highway Law, as amended.

On acceptance of this proposal for said work the undersigned does or do hereby bind herself/himself or itself/themselves to enter into written contract, within ten days of date of notice of award, with the said Department of Transportation, and to comply in all respects with §38(6) of the Highway Law, as amended, in relation to security for the faithful performance of the terms of said contract.

Non-Collusive Bidding Certifications (NYS Finance Law §139-D)

1. Every bid hereafter made to the state Owner, 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:

(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 a 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

P-13 at the same prices being bid, does not constitute, without more, a disclosure within the meaning of subparagraph 1.(a).

2. Any bid hereafter made to the state Owner 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 included the signing and submission of the bid and the inclusion therein of the certificate as to non collusion as the act and deed of the corporation.

Non-Collusive Bidding Certification (49 CFR 29) The Contractor to whom the above identified contract is to be awarded does hereby tender to the Owner this sworn statement pursuant to Section 112(c) of Title 23 U.S. Code Highways and does hereby certify, in conformance with said 23 USC 112(c) 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 identified contract.

The signatory to this proposal, being duly sworn, certifies that, EXCEPT AS NOTED BELOW, its company and any person associated therewith in then capacity of owner, partner, director, officer, or major stockholder (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 - List any relevant information, attaching additional sheets if necessary.

(Exceptions will not necessarily result in disapproval, but will be considered in determining responsibility. For any exception noted, indicate below to whom it applies, the initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.)

Lobbying Activity Certification [For Federal-Aid Contracts Only] The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or 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, P-14 renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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

(See Exhibit 1 annexed hereto)

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.

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

UNITED STATES DEPARTMENT OF TRANSPORTATION HOTLINE

Persons with knowledge of bid collusion (i.e., contractors, suppliers, work persons, etc.), or other questionable contract related practices (inadequate materials, poor workmanship, theft of materials, etc.), are encouraged to report such activities by calling the U.S. DOT 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. DOT'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 State Inspector General. The Toll-Free Statewide HOTLINE telephone number is 1-800-367-4448 and calls will be answered between 9:00 A.M. and 5:00 P.M., Monday through Friday. The address of the Office of the Inspector General is P.O. Box 9, One Commerce Plaza, Albany, New York 12260.

P-15

CONTRACTOR MUST COMPLETE THE FORM BELOW

OFFERER DISCLOSURE OF PRIOR NON-RESPONSIBILITY DETERMINATIONS

1. Has any Governmental Entity made a finding of non-responsibility regarding the individual or entity seeking to enter into the Procurement Contract in the previous four years? (Please circle):

No Yes If yes, please answer questions 2-4. If no, skip to question 5.

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):

No Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):

No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below.

Governmental Entity:____________________________________________________________

Date of Finding of Non-responsibility:_____________________________________________

Basis of Finding of Non-Responsibility:____________________________________________ (Add additional pages as necessary)

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the individual or entity seeking to enter into the Procurement Contract due to the intentional provision of false or incomplete information? (Please circle):

No Yes

6. If yes, please provide details below.

Governmental Entity:___________________________________________________________

Date of Termination or Withholding of Contract:_____________________________________

Basis of Termination or Withholding:______________________________________________ (Add additional pages as necessary)

P-16

BY EXECUTING THIS PROPOSAL, THE CONTRACTOR AGREES TO:

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

subject to the Changed Conditions provisions if applicable;

2. All the terms and conditions of the non-collusive bidding certifications required by §139-d of the State Finance Law;

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. For Federal-Aid contracts only, 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.

6. Contractor affirms that all information provided to the Owner with respect to the requirements contained in State Finance Laws §139j and §139k is complete, true and accurate.

Dated___________________________, 20______

Legal Name of person, firm or corporation

By ____________________________________________________

Signature (Title)

P-17

(Acknowledgment of individual contractor)

STATE OF NEW YORK

County of_______________________ ss.:

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 she/he executed the same.

Notary Public

(Acknowledgment of co-partnership contractor)

County of ____________________________ ss.:

On this _____ day of _______________ 20____, before me personally came ______________________ to me known and known to me to be the person who executed the foregoing instrument, who being by me duly sworn, did for himself/herself depose and say that he/she is a member of the partnership of _______________________________ , consisting of himself/herself and ________________________ , and that he/she executed the foregoing instrument in the firm name of ___________________________, and that he/she had authority to sign same, and did duly acknowledge to me that she/he executed the same as the act and deed of said firm for the uses and purposes mentioned therein.

(Acknowledgment of contractor, if a corporation)

County of _____________________________ ss.:

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 she/he resides in ___________________________ , that she/he is the ______________________ , of the ______________________ , the corporation described in and which executed the foregoing instrument; and that she/he signed her/his name thereto by order of the Board of Directors of said Corporation.

P-18

INFORMATION SHEET

Name of Bidder: ____________________________________________

Address: ____________________________________________

Federal Identification No.: ______________________________________

Type of Entity: Corporation_____ Partnership_____ Individual_____

If a Non-Publicly-Owned Corporation:

Name of Corporation:_______________________________________

List of Principal Stockholders (holding over 5% of outstanding shares):

List of Officers:______________________________________________

List of Directors:_____________________________________________

Date of Organization:__________________________________________

If a Partnership:

Partners: _______________________________________________

Name of Partnership:__________________________________________

Date of Organization:__________________________________________

* If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York General Business Law must be attached.

P-19

REFERENCES

All bidders will be required to complete this form providing five references of past performance.

References should involve projects and/or service situations of similar size and scope to this bid.

References must have dealings with the Bidder within the last thirty-six (36) months. The Owner reserves the right to contact any or all of the references supplied for an evaluation of past performance in order to establish the responsibility of the Bidder before the actual award of the bid and/or contract. Completion of the reference form is required.

BIDDER’S NAME:___________________________________________________________

Date Filed:_______________________________

1. Reference’s Name:________________________________________________________

Address: ________________________________________________________________

Telephone: ___________________ Contact Person: ___________________________

2. Reference’s Name:________________________________________________________

Address:________________________________________________________________

3. Reference’s Name:________________________________________________________

4. Reference’s Name:________________________________________________________

5. Reference’s Name:________________________________________________________

AGREEMENT

A-1

THIS AGREEMENT, entered into this ____ day of 20____, by ______________________, hereinafter referred to as “Owner”, and

[ ] an individual conducting business as [ ] a partnership, consisting of [ ] a corporation organized and existing under the laws of the State of ___________ the location of whose principal office is __________________ hereinafter called the “Contractor”.

WITNESSETH: That the Owner and the Contractor for the consideration hereinafter named agree as follows:

ARTICLE 1. WORK TO BE DONE. The Contractor shall (a) furnish all the materials, appliances, tools and labor of every kind required, and construct and complete in the most substantial and skillful manner, the construction, improvement or reconstruction of the project on or before the completion date of the _______ day of ____________, 20 ____ as further described in Article 4, and as generally identified and shown on the contract plans entitled:

____________________________________________________________________________ in accordance with the Project Specifications, which contain the information for bidders, proposal, agreement and bonds, general conditions, wage rates, general requirements, technical provisions, special specifications and payment Items; and the New York State Department of Transportation Standard Specifications and addenda and (b) do everything required by the Contract and/or Contract Documents as defined herein.

The Contractor further agrees their bid proposal is not based upon the assumption that any specifications, traffic restrictions, scheduling or phasing/staging requirements will be waived; an extension of Contract Completion Date will be granted; a labor dispensation will be granted;

substitution of non-approved products, alternatives or claimed functional equivalents for specified construction materials and methods will be allowed; or any Value Engineering Change Proposals will be approved.

ARTICLE 2. DOCUMENTS FORMING THE CONTRACT. The Contract (and Contract Documents) shall be deemed to include the advertisement for bidders; the contract proposal, including Special Notes and Special Specifications contained therein; the contractor’s proposal;

the contract agreement; the base line data; the "Standard Specifications" including all addenda thereto identified in the contract proposal; the Standard Sheets; the plans; any amendments issued prior to the date of proposal submission, and all provisions required by law to be inserted in the contract whether actually inserted or not. Whenever separate publications are referenced in the Contract Documents it shall mean those, as amended, which are current on the date of advertisement for bids.

ARTICLE 3. EXAMINATION OF DOCUMENTS AND SITE. The Contractor agrees that before making its proposal it carefully examined the contract documents, together with the site of the proposed work, as well as its surrounding territory, and is informed regarding all of the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, including the existence of poles, wires, pipes and other facilities and structures of municipal and other public service corporations on, over or under the site, except latent conditions

A-2 that meet the requirements of §104-03 Differing Site Conditions, and that its information was secured by personal and other investigation and research.

ARTICLE 4. DATE OF COMPLETION. The Contractor further agrees that it will begin the work herein embraced within ten days of the effective date hereof, unless the consent of the Owner, in writing, is given to begin at a…