MWBE OPPORTUNITY - Highway - Where & When Various Counties, Various Locations

Attention Subcontractors:

Ben Ciccone, Inc. intends to bid on the following upcoming project:

NEW YORK STATE DEPARTMENT OF TRANSPORTATION

D265295 - ITEMIZED PROPOSAL - HIGHWAY REPAIR WHERE AND WHEN - VARIOUS COUNTIES - COLUMBIA, DUTCHESS, ORANGE, PUTNAM, ROCKLAND, ULSTER, WESTCHESTER COUNTIES, NEW YORK - MBE GOAL: 5%; WBE GOAL: 10%

BIDS DUE IN OUR OFFICE BY September 11, 2024, 12:00 PM

A link to the contract documents from the New York State Department of Transportation website is provided below for your use:

Construction Opportunities - Contract Documents (ny.gov)

This project consists of emergency and maintenance type repairs to the NYSDOT's highway and drainage systems throughout Region 8. The majority of the work requires mobilization within 10 working days of notification, but some may require 24-hour mobilization.

THE FOLLOWING SUBCONTRACTOR/SUPPLIER WORK IS AVAILABLE:

ASPHALT PAVING CONCRETE PAVING, CURB & SIDEWALK

CONCRETE SUPPLIERS ASPHALT SUPPLIERS EXCAVATION

TRAFFIC SIGNALS EROSION CONTROL GUIDERAILS

FENCING GEOTEXTILES REINFORCING STEEL LANDSCAPING

PAVEMENT MARKING SURVEY SAW CUTTING STRUCTURAL CONCRETE

TRUCKING TREE REMOVAL PIPE SUPPLIERS GRANULAR MATERIALS

If you chose to participate you will be bidding a cost factor on your Materials, Equipment, and Labor used for the project in accordance with the attached specifications 636.03, 636.04, and 636.05. The work will be awarded based on availability and the lowest bid. Standard NYSDOT Force Account (Section 109-05B attached) procedures will apply as modified by the above specifications.

• Please be aware of the following: Workers Compensation Insurance as called for in Standard Specification 109-05B.1.a(3) and Insurance per 109-05B.1.d are not paid separately but are to be included in your Cost Factor bid for Labor.

636-3 CONSTRUCTION DETAILS

636-3.01 General. The scope of work will be as defined in the Special Note Response Contract Work. The construction requirements will be determined once a location is identified and the specific detail of the work is defined and will vary in effort required.

636-3.02 Standby Readiness. Within 10 days after contract award, the Contractor shall submit the items listed below to the Engineer for approval. Within 7 days of submittal approvals, the Contractor shall establish and maintain personnel, materials, and equipment availability, to assume a standby readiness state to take immediate action:

• Copies of Letters of Understanding between the Contractor and Subcontractors, material suppliers, equipment suppliers, and services, stating that these firms will promptly provide goods and/or services upon request by the Contractor.
• A list detailing the name(s), email address(es), phone number(s), address(es), etc. of key personnel who will direct the Contactor's response.
• A list of sources for materials which will be used in the event of a response. Source approvals can be issued based on available source evaluations..

636-3.03 Response Work. Upon the identification of a need for response, the Engineer will notify the Contractor and verbally identify the site location and the specific scope of work required. The Contractor's response shall be in accordance with the Special Note Response Contract Work in the Contract Proposal including, but not limited to, reconnaissance of the site, assessment of the work required, work zone traffic control, and mobilization of personnel, materials and equipment.

The Contractor shall conduct repairs as directed by the Engineer. The Engineer will issue the Contractor a written Work Order identifying the work limits, the details for the work, and any additional insurance requirements not shown in the Special Note Required Insurance in the Contract Proposal.

Specialized Equipment is any equipment that is not listed in the Special Note Response Contract Work in the Contract Proposal and is not owned by the Contractor or Subcontractor performing the work. If Specialized Equipment is required, the Contractor shall identify the required equipment, obtain 3 quotes for the rental equipment and request concurrence from the Engineer prior to mobilization. The Engineer may waive this requirement for High Priority Work Orders, if necessary. For Specialized Equipment, the Contractor will be reimbursed the actual, reasonable and verifiable cost for providing the Specialized Equipment at the rental rate approved by the Engineer. The Contractor's bid for Equipment with Cost Factor does not apply to Specialized Equipment.

The Contractor shall utilize Subcontractors and Services as necessary to complete the work in a timely and efficient manner, while limiting the amount of inconvenience to the public. If Subcontractors or Services are required, the Contractor shall identify the required work or services and request concurrence from the Engineer prior to the Subcontractor or Service provider starting work.

When work is performed by a Subcontractor, the Contractor will be reimbursed the actual, reasonable and verifiable cost of such subcontracted work for labor, materials, and equipment, multiplied by the Contractor's cost factors, plus an additional 5% for subcontract administration. If the work is required to be performed by a Specialty Subcontractor, as defined in Standard Specifications §109-05B.2 Subcontractor Costs, the Contractor shall solicit and obtain up to 3 independent quotes from potential Specialty Subcontractors for the percent overhead & profit to be used for the subcontracted work, in lieu of the Contractor's cost factors bid, not to exceed 20%. The Engineer shall review the quotes and approve, if reasonable, the Specialty Subcontractor with the lowest overhead and profit, not to exceed a maximum of 20% overhead and profit. When work is performed by a Specialty Subcontractor, the Contractor will be reimbursed the actual, reasonable, and verifiable cost of such subcontracted work, the Specialty Subcontractor's overhead and profit as quoted, and an additional 5% for subcontract administration.

When work is performed by, and a fee is paid to a Professional Service, Work Service, or Trucking Firm, the Contractor will be reimbursed the actual cost of the service or trucking fee plus 5% for service administration. This 5% will be applied only once to the service fee regardless of the firm making the direct payments.

The Contractor shall submit a Force Account Report to the Engineer in accordance with §109-05C. Force Account Report.

636-4 METHOD OF MEASUREMENT

636-4.01 General. The quantity to be measured will be as detailed in §636-4.02 Standby Readiness and §636-4.03 Response Work.

636-4.02 Standby Readiness. The quantity to be measured for payment of standby readiness will be on a lump sum basis.

636-4.03 Response Work. The quantity to be measured for payment of response work will be as follows:

1. Labor with Cost Factor. The Contractor's bid percentage (i.e., cost factor), entered in decimal form as a "Unit Price" will be multiplied by the actual cost of labor (i.e., wages and fringe benefits) to determine the total amount due to the Contractor for labor including standard markups (as defined in §109-05B.1.a(2) Standard Markups), overhead and profit. A percentage bid greater than 1.000 indicates a premium above the cost for labor for standard markups, overhead and profit. The minimum bid for this item is 1.000.

1. Materials with Cost Factor. The Contractor's bid percentage (i.e., cost factor), entered in decimal form as a "Unit Price" will be multiplied by the actual cost of materials to determine the total amount due to the Contractor for materials including overhead and profit. A percentage bid greater than 1.000 indicates a premium above the cost for material for overhead and profit. The minimum bid for this item is 1.000.

1. Equipment with Cost Factor. The Contractor's bid percentage (i.e., cost factor), entered in decimal form as a "Unit Price" will be multiplied by the actual cost of equipment to determine the total amount due to the Contractor for equipment including overhead and profit. A percentage bid greater than 1.000 indicates a premium above the standard equipment ownership and operating costs for overhead and profit, and a percentage bid less than 1.000 indicates reduction below the standard equipment ownership and operating costs. There is no minimum bid for this item. The Equipment Cost Factor does not apply to Specialty Equipment.

636-5 BASIS OF PAYMENT

636-5.01 General. The Contractor shall keep accurate Force Account records for the work performed in accordance with §109-05B. Force Account Work and §109-05C. Force Account Report. Payment for work performed will be based upon Force Account records submitted and the Contractor's bid for cost factors on labor, materials, and equipment, except that the provisions of Standard Specifications §109-05B.1.e Overhead, and §109-05B.1.f Profit do not apply and the provisions of §109-05B.1.d Insurance are modified so that only additional insurances not shown in the Contract Proposal will be reimbursed. All profit and overhead shall be included in the Contractor's bid for the cost factors for labor, materials, and equipment.

636-5.02 All standard insurances required in the Contract Proposal shall be included in the Contractor's bid for Standby Readiness.

636-5.02 Standby Readiness. The Lump Sum price bid shall include all labor, materials, and equipment necessary to satisfactorily complete the work. The maximum bid for this item is limited to the amount shown in the contract documents.

Progress payments will be made at 50% of the lump sum price bid when the Standby Readiness state has been established. The remaining 50% will be paid monthly over the original contract duration.

Standby Readiness payments will be made even if no responses are required over the contract duration. No adjustment will be made to the lump sum bid price if the contract completion date is extended to complete work that was previously assigned or started but is incomplete. Additional payments will be made only if the contract completion date is extended to provide for additional standby readiness or if the total contract value exceeds the original contract value by more than 25%. If the completion date is extended to provide for additional standby readiness, the Contractor will be reimbursed the actual, reasonable and verifiable costs for extended bonds, additional standard insurances, and additional pre-financing required for the period of the time extension. If the total contract value exceeds the original contract value by more than 25%, the Contractor will be reimbursed the actual, reasonable and verifiable costs for extended bonds, additional standard insurances, and additional pre-financing required for the portion of the contract value that exceeds 125% of the original contract value.

The maximum bid price shown in the Contract Proposal is the highest a bidder is allowed to bid for this item. If the bid price submitted is higher than the figure shown in the Contract Proposal, the bid price will be disregarded and the maximum price shown will be used to determine the total amount bid for the Contract.

636-5.03 Response Work. Payment for response work shall include all labor, materials, and equipment necessary to mobilize, establish work zone traffic control, and satisfactorily complete the work and any additional insurances required that are not shown in the Contract Proposal. Payment will be based upon Force Account records submitted in accordance with §109-05B. Force Account Work, §109-05C. Force Account Report, and the Contractor's bid for cost factors on labor, materials, and equipment.

The fixed price shown in the Contract Proposal is not to be altered in any manner by the bidder. Should the amount be altered, the new figure will be disregarded and the original price will be used to determine the total amount bid for the Contract.

1. Labor with Cost Factor. Payment for labor of both the Prime Contractor and Subcontractors will be determined from the summation of the necessary labor costs in accordance with §109-05B.1.a(1) Wages and Fringe Benefits. The costs for the standard labor markup and the standard fringe markup (as defined in §109-05B.1.a(2) Standard Labor Markup) shall be included in the Contractor's bid for Labor with Cost Factor. Payment will be calculated by multiplying the Labor Cost Factor bid times the summation of the wages and fringe benefits.

1. Materials with Cost Factor. Payment for materials of both the Prime Contractor and Subcontractors will be determined from the summation of the materials costs in accordance with §109-05B.1.b Materials. Payment will be calculated by multiplying the Materials Cost Factor bid times the summation of invoiced materials costs.
2. Equipment with Cost Factor. Payment for equipment of both the Prime Contractor and Subcontractors will be determined from the summation of the equipment ownership and operating costs in accordance with §109-05B.1.c Equipment. Payment for equipment will be calculated by multiplying the Equipment Cost Factor bid times the summation of the equipment costs. The Equipment Cost Factor does not apply to Specialty Equipment.

Payments will be made under:

Item No. Item Description Pay Unit

636.01 Standby Readiness Lump Sum

636.02 Response Work Dollar-Cents

636.03 Labor with Cost Factor Percent

636.04 Materials with Cost Factor Percent

636.05 Equipment with Cost Factor Percent

109-05 EXTRA WORK AND TIME RELATED COMPENSATION.

• Force Account Work. Where there are no applicable unit prices for extra work and agreed prices cannot be readily established or substantiated, the Contractor will be reimbursed by Force Account for the actual, reasonable and verifiable cost of the items listed below. The Contractor shall maintain and submit force account records in accordance with §109-05C Force Account Report.

• Contractor Costs. At the preconstruction meeting, the Contractor should provide the Engineer documentation supporting its insurance rates for the current period and provide updates within 30 days after the renewal date, to assist in timely preparation and review of force account reports. All rates will be those in effect at the time the work is performed.

• Labor. Necessary labor costs include wages, supplemental (fringe) benefits, FICA, Medicare, Federal Unemployment Tax (FUTA), State Unemployment Insurance (SUI), paid holidays, Workers Compensation insurance and other such reasonable charges that are paid by the Contractor pursuant to existing written agreements with its employees and/or labor organizations. Labor shall be recorded in hours to the nearest half hour.

(1) Wages and Fringe Benefits. The Contractor will be reimbursed for each worker separately at the actual payroll rate, an average rate based on different workers will not be accepted. The wage rate for an individual worker may be up to 150% of the prevailing wage and 100% of the supplemental (fringe) benefits, provided the Contractor documents through certified payrolls that the worker has and continues to be paid more than the prevailing wage for contract work. The Contractor shall obtain the approval of the Engineer for wage rates for individual workers over 110% of the prevailing wage prior to that individual starting work.

There are no prevailing wage rates for foremen/forewomen. Foremen/forewomen are typically paid at a higher rate than the trades they supervise, due to additional responsibilities. The reimbursement for foremen/forewomen will be based on previous certified payrolls or other payroll records for that individual, if available, provided crew composition and overall production rates are reasonable.

If the Contractor is obligated by a labor agreement to pay a full day's pay for an individual in a required labor classification and cannot find other work on that day for that individual, the Contractor will be reimbursed for a full day's pay for that individual.

Professional or technical personnel specifically required or agreed to by the Department, in writing, to be present for specific critical work operations will be reimbursed as a direct labor cost. The reimbursement for these professional or technical personnel will be based on previous payrolls for that individual, as certified by the employer, or by comparison to costs for similarly qualified personnel.

No reimbursement will be made for travel, lodging, bonuses, or other similar payments made to workers.

(2) Standard Markups. The Contractor will be reimbursed for FICA, Medicare, Federal Unemployment Tax (FUTA), State Unemployment Insurance (SUI), and paid holidays using the Standard Labor Markup Rate, on all wages, not including supplemental (fringe) benefits. The Standard Labor Markup Rate, initially 12.5%, may be modified by the Department via Official Issuance.

The Contractor will be reimbursed for FICA and Medicare using the Standard Fringe Markup Rate on all supplemental (fringe) benefits paid in a payroll check or in cash to the employee. The Standard Fringe Markup Rate, initially 6.4%, may be modified by the Department via Official Issuance.

1. Materials. Materials are necessary products incorporated in the temporary or permanent work. The Contractor will be reimbursed for the costs of materials, including transportation to the site and sales taxes for materials not permanently incorporated into the work. Material transportation may be accounted for as part of the material unit price, a material unit price for transportation, a fee for transportation, or equipment and operator charges. Contractor or Subcontractor costs for transportation of materials shall be accounted for as labor and equipment in accordance with §109-05B.1.a Labor and §109-05B.1.c Equipment respectively. Because force account work has no associated pay lines/limits, materials will be measured as actual quantities delivered and incorporated, including any required overlap, and appropriate allowances for waste and/or disposal due to construction operations and/or installation practices.

The Contractor will be reimbursed, including sales taxes when applicable, for expendable materials such as oxygen, acetylene, propane, welding rods, form lumber, form oil, grinding wheels, saw blades, hammer and drill bits, drill steel, and tooth-bits consumed in progressing the work. Other small tools and tool/equipment supplies used or consumed in progressing the work are considered to be included in overhead and no separate reimbursement will be made.

Material acquired by direct purchase shall be documented by bills or acceptable invoices. All prices on used material incorporated in either temporary or permanent work shall be billed at a fair value, less than the original cost when new. A reasonable salvage credit will be determined by the Engineer in coordination with the Contractor for substantial salvageable material recovered.

1. Equipment. Equipment, other than small tools, used by the Contractor shall be of suitable size and suitable capacity required for the work to be performed. If the Contractor elects to use equipment of a higher rate than the equipment suitable for the work, payment will be made at the rate applicable to the suitable equipment. The equipment actually used and the suitable equipment upon which the rate is based will be recorded as a part of the Force Account Report. Usage shall be recorded in hours to the nearest half hour to align with the recorded labor associated with the work. The Engineer will verify the suitability of the equipment. If there is a differential in the rate of pay of the operator of oversize or higher rate equipment, the rate paid for the operator will likewise be related to the suitable equipment.

(1) Mobilization Costs. If the Contractor does not have a needed type or piece of equipment on the contract site or the equipment is not available to perform the extra work, the Contractor will be reimbursed for the reasonable cost of mobilization to and demobilization away from the work site. Mobilization and demobilization include the cost of transporting equipment; 50% of the hourly ownership rate of transported equipment during transportation, including loading, unloading, assembly, and disassembly; and fees for any required regulatory permits. Costs for demobilization away from the work site will not be paid if the equipment is kept on the site and performs additional contract bid price work.

(2) Ownership Costs. The Contractor will be reimbursed for its costs for providing equipment at the rates listed in the Rental Blue Book Rate software produced by Equipment Watch (hereafter referred to as Blue Book). The hourly ownership rates will reimburse the Contractor for all non-operating costs of providing equipment, including depreciation on the original purchase, costs of major overhaul repairs, facilities capital, normal risk insurance, property taxes, storage, licenses, security, record keeping, and mechanic's supervision.

The hourly ownership rate will be the Blue Book monthly rate divided by 176, multiplied by the rate adjustment factor for the equipment model year and then multiplied by the regional adjustment factor. If the Contractor has a piece of equipment remanufactured, rebuilt, or significantly altered, the rate adjustment factor may be modified, as documented by Equipment Watch.

For equipment required to be present and operating, the Contractor will be reimbursed for the product of the hours of actual use, multiplied by the hourly ownership rate. For equipment required to be present; dedicated exclusively to the force account, not available for mobilization elsewhere, and not used on contract bid price work that day; the Contractor will be reimbursed for the product of the remaining non-operating hours in the shift, multiplied by 50% of the hourly ownership rate.

Equipment that is not required to be present will not be eligible for reimbursement of non-operating hours. If the Engineer directs or agrees that equipment mobilized for the operation is no longer required to be present, the Contractor may demobilize the equipment. If the equipment is demobilized, and subsequently determined to be required to be present, the Contractor will be reimbursed for remobilization.

For equipment without an operator that is designed to operate on a continuous long-term basis, such as a pump, portable variable message sign (PVMS), or temporary traffic signal, the Contractor will be reimbursed for a maximum of 176 hours a month.

Equipment with an hourly ownership rate of less than $2 or a current purchase price of less than $500 will be considered as small tools and equipment and will not be directly reimbursed.

(3) Operating Costs. The hourly operating rate includes preventative and field maintenance, fuel, lubricants, and other operating expenses as outlined in Blue Book, not including consumables or the operator's wages. The Contractor will be reimbursed for the product of the number of hours of actual use multiplied by the hourly operating rate. No reimbursement for operating costs will be made for equipment that is not operating.

(4) No Established Rate. If rates are not established in Blue Book for a particular piece of equipment, the Contractor shall contact the Blue Book publisher, Equipment Watch to establish rates. If Equipment Watch will not establish rates, the Department, in coordination with the Contractor, may establish rates for ownership costs and operating costs for that piece of equipment consistent with its cost and expected life.

(5) Maximum Ownership Costs. The maximum amount reimbursed for ownership costs of equipment, is limited, on a contract basis, to the original purchase price as listed in the Equipment Watch Value and Market Data. The Contractor shall not exchange equipment for a similar item for the purpose of extending the maximum ownership cost. Exchange of equipment for an engineering or mechanical reason shall be approved by the Engineer, or the maximum ownership cost will be limited to that reimbursed for the original piece of equipment. If the ownership cost is limited by the original purchase price, the Contractor will continue to be reimbursed for the operating cost for hours of actual use.

(6) Backup Equipment. The Contractor will be reimbursed at 50% of the hourly ownership rate for redundant/backup equipment specifically required, or agreed to by the Department in writing, to be present for specific critical work operations.

(7) Owner/Operator Equipment. Equipment Owner/Operators utilized by the Contractor in the performance of work shall be accounted for as a service charge in accordance with §109- 05B.3 Service Charges.

1. Insurance. The Contractor will be reimbursed for Workers Compensation, Commercial General Liability (CGL), Umbrella or Excess Liability, Special Protective and Highway Liability, Professional Liability/Errors and Omissions, Railroad Protective Liability, Marine Protection and Indemnity, and Pollution Liability insurances required in accordance with §107-06 Insurance, at the rate paid by the Contractor, in accordance with the method procured from its insurer(s), to the extent the insurance costs are attributable to the force account work.

(1) Contractors or Subcontractors that pay insurances on the basis of a percentage of payroll will be reimbursed that percentage of the portion of item §109-05B.1.a Labor specified in the Contractor's insurance policy.

Service-Disabled Veteran-Owned Set Aside: No

Minority Owned Sub-Contracting Goal: 5%

Women Owned Sub-Contracting Goal: 10%

Due date:09/11/2024

Contract term: October 28, 2026

County(ies): Columbia, Dutchess, Orange, Putnam, Rockland, Ulster, Westchester