F.A. PROJECT PROPOSAL

PROPOSAL

D264164NO PLANSF.A. PROJECT

Book 2 of 2

Submitted in accordance with the Highway Law and the Standard Specifications officially finalized and adopted on January 1, 2020 as posted on the Department's website.

US CUSTOMARY UNITS

Proposal Description:

Resurfacing on I-84 in the Towns of East Fishkill and Kent.

Letting of 1/30/2020 @ 10:30 A.M.

50 Wolf Road, Albany, NY 12232

IMPORTANT BIDDER INFORMATION

0790 1 of 1 L07/01/19 Contracts/Legal 4/11/19

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. Upcoming Projects/Contract Documents/Letting Results. Advertisements are available at: www.dot.ny.gov/doing-business/opportunities/const-highway, Contract Documents at: www.dot.ny.gov/doing-business/opportunities/const-notices,and Letting Results at: www.dot.ny.gov/doing-business/opportunities/const-results. 3. Procurement Lobbying Law. NYS Finance Law restricts communication with NYSDOT personnel on procurements; contact can only be made with designated persons. Contact with non-designated persons or other involved Agencies will be considered a serious matter and may result in disqualification. Project-related technical questions or comments must be submitted through the NYSDOT website at: www.dot.ny.gov/doing-business/opportunities/const-notices. All other questions should be submitted through the website or directed to Robert Kitchen or the Assistant Director/Director of the Contract Management Bureau, (518) 457-2124. 4. D/M/WBE Goals. www.dot.ny.gov/main/business-center/contractors/construction-division/construction-civil-rights/ebo. Projects may have one goal for participation by Disadvantaged Business Enterprises (DBE) when Federally funded, or two separate goals for participation by Minority Business Enterprises (MBEs) and Women’s Business Enterprises (WBE), when Non-Federally funded. If the project has (a) D/M/WBE goal(s), you must document your good faith efforts to obtain D/M/WBE participation. Solicitation of D/M/WBEs must begin prior to the submission of your bid. For projects with goals, the Pre-Award 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. 5. 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. 6. Bid Security. Every bid must be accompanied by a bid bond, certified check or bank cashier's check payable to the NYS Department of Transportation, in the sum of the amount shown on the proposal title page. Bonds must be on form CONR 391. Electronic bids must include an electronic bid bond. 7. New York State Can Help You Secure Surety Bonding. The NYS Surety Bond Assistance Program (NYSBAP) provides technical and financial assistance to help New York State small business or MWBE contractors secure bonding. Contractors may be eligible to receive a guarantee of up to 30% to secure a surety bond line, bid bond or a performance and payment bond on State projects. Training is also available to contractors requiring technical support on how to become bond-ready. For more information visit esd.ny.gov/BusinessPrograms/BondingAssistance.html or contact Ms. Huey-Min Chuang at Empire State Development at 212-803-3238 or [email protected]. 8. 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. 9. The Contractor is responsible for ensuring that all Amendments have been incorporated into its bid. Amendments are posted at: www.dot.ny.gov/doing-business/opportunities/const-notices. 10. Bid on All Items and Sign the Bid. If it is your intent to bid "0", use the numeric symbol. Leaving blank spaces can render your bid informal. See §102-05 Proposal Submission. 11. Bids Should Be Submitted through Bid Express or in a Sealed Envelope prominently labeled “BID ENCLOSED”, addressed to NYSDOT, Contract Management Bureau, 50 Wolf Road, First Floor, Suite 1CM, Albany NY 12232 and delivered prior to the proposal due date and time, during normal business hours (Monday through Friday, 7:00 am to 4:00 pm). Clearly identify the Contractor Name, Address, Federal Identification Number, Project Number and Project Description 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-and-lettings/construction-contractors/general-info. Please call (518) 457-2421 if a reasonable accommodation is needed to participate in the Letting.

D264164

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

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

http://www.dot.ny.gov/doing-business/opportunities/const-highway

http://www.dot.ny.gov/doing-business/opportunities/const-highway

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


http://www.dot.ny.gov/doing-business/opportunities/const-results


http://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-civil-rights/ebo

http://esd.ny.gov/BusinessPrograms/BondingAssistance.html

mailto:[email protected]


http://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info

http://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info

D264164 23

D26416424

STATE OF NEW YORKDEPARTMENT OF TRANSPORTATION

REGION 8PIN DATE FIGURE

·

Project BeginsRM 84I 8202 1120

§̈¦84

EF52

EF292

EF301

EF311

EF55

EF216

EF987G

PROJECT LOCATION MAP

I-84 PMI Paving: TSP to Bowen Rd.Towns of East Fishkill and KentDutchess and Putnam Counties

8062.52 9/20/2019 1

Route Number: 84IRoute Name: Interstate 84SH #'s: 62-17, 66-3, 66-4BIN #'s & Features Crossed: See TableTowns: East Fishkill, KentCounties: Dutchess, PutnamLength: 7.7 miles

Columbia

Dutchess

Putnam

Westchester

Ulster

Orange

Rockland0 0.75 1.50.375 Miles

Project EndsRM 84I 8403 1014

D264164 25



·

Project BeginsRM 84I 8202 1120

BIN 1032571

BIN 1032572

BIN 1052351

BIN 1052352

§̈¦84

EF987G



8062.52 9/20/2019 2


Columbia

Dutchess

Putnam

Westchester

Ulster

Orange

Rockland0 780 1,560390 Feet

D26416426



·

BIN 1052351

BIN 1052352

BIN 1052361

BIN 1052362

§̈¦84

EF52



8062.52 9/20/2019 3


Columbia

Dutchess

Putnam

Westchester

Ulster

Orange


D264164 27



·

BIN 1052361

BIN 1052362BIN 1052370

§̈¦84

EF52



8062.52 9/20/2019 4


Columbia

Dutchess

Putnam

Westchester

Ulster

Orange


D26416428



·

BIN 1052390

§̈¦84

EF52



8062.52 9/20/2019 5


Columbia

Dutchess

Putnam

Westchester

Ulster

Orange


D264164 29



·

§̈¦84

EF52



8062.52 9/20/2019 6


Columbia

Dutchess

Putnam

Westchester

Ulster

Orange


BIN 1052741

BIN 1052742

BIN 1091562

BIN 1091561

BIN 1052750

Project EndsRM 84I 8403 1014

Putnam

Dutchess

D26416430

0800 Per DQAB 2100 L05/07/15

Page 1 of 1

REQUIRED CONTRACT PROVISIONS Buy American EEO Goals D/M/WBE Goals Ensuring Pay Equity Form CONR 9k Electronic Bidding Federal Aid Contract Provisions Insurance Coverage List of Additional Insured Railroad Insurance New York State Uniform Contracting Questionnaire NOTE: This form was developed for repetitive use throughout all contract proposals and may identify items not applicable to this specific project.

D264164 31

GOALS FOR EQUAL EMPLOYMENT OPPORTUNITY (EEO) PARTICIPATION

0820 Page 1 of 1 Per Construction EI 17-006

The Contractor shall follow the requirements of §102-11 Equal Employment Opportunity Requirements. The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, which is the county or counties in which the work is located, are as follows:

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

(45 FR 65976 – 10/3/1980)

GOALS FOR PARTICIPATION OF MINORITIES BRONX, KINGS, NEW YORK, QUEENS AND RICHMOND COUNTIES

Electricians 9.0 to 10.2 Bricklayers 13.4 to 15.5 Carpenters 27.6 to 32.0 Asbestos workers 22.8 to 28.0 Steam fitters 12.2 to 13.5 Roofers 6.3 to 7.5 Metal lathers 24.6 to 25.6 Iron workers (ornamental) 22.4 to 23.0 Painters 26.0 to 28.6 Cement masons 23.0 to 27.0 Operating engineers 25.6 to 26.0 Glaziers 16.0 to 20.0 Plumbers 12.0 to 14.5 Plasterers 15.8 to 18.0 Iron workers (structural) 25.9 to 32.0 Teamsters 22.0 to 22.5 Elevator constructors 5.5 to 6.5 Boilermakers 13.0 to 15.5

All others 16.4 to 17.5

GOAL FOR PARTICIPATION OF WOMEN

The goal for the participation of women is 6.9%. (43 FR 14888 – 4/7/1978) These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted). If the Contractor performs construction work outside of New York State, it shall apply the goals established for the covered area where the work is actually performed.

D26416432

GOALS FOR DISADVANTAGED/MINORITY/WOMEN’S BUSINESS ENTERPRISE (D/M/WBE) PARTICIPATION

0821 Page 1 of 1 Per Construction 11/29/17 L 05/01/18 or earlier

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

NOTE: ‘D/M/WBE’ is a general term. The DBE program applies to Federal-Aid contracts; the MBE and WBE programs apply to non-Federal-Aid contracts. For more information see Standard Specifications §102-12 or call the Office of Construction Pre-Award Unit at (518) 457-6472.

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

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

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

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

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

6

D264164 33

Ensuring Pay Equity by State Contractors

0825 Page 1 of 1 06/15/17 L07/13/17

In accordance with Executive Order 162, issued on January 9, 2017, the Contractor shall provide to the Department – on a monthly basis – detailed workforce utilization reports of the Contractor and each subcontractor that include, in addition to equal employment opportunity information, the job title and salary of each employee directly performing work on a State contract.

If the Contractor cannot identify the individuals working directly on a State contract, then the Contractor shall provide such information of each employee in the Contractor’s and each subcontractor’s entire workforce.

The reporting period shall be defined as each calendar month, beginning and ending on the first and last day of each such month, respectively. The reporting requirement shall begin on the effective date of the contract and continue for the duration of the contract term. Reports shall be submitted within 15 calendar days from the end of each reporting period. This provision is in effect for the reporting period beginning December 1, 2017, or the effective date of the contract, whichever date is later.

This provision shall not relieve the Contractor’s responsibility to submit payroll certification as elsewhere required. If information within the Contractor’s payroll certification is sufficient to fulfill the requirements of Executive Order 162, additional information shall not be required.

Detailed workforce utilization reports, as required above, shall be submitted in such form, in such manner, and in such timeframe as shall be required by the Department.

The Contractor shall include this provision in every subcontract so that such provision shall be binding upon each subcontractor.

D26416434

CONR9 (01/02/18)

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

THERE IS NO SUPPLEMENTAL INFORMATION AVAILABLE FOR THIS CONTRACT:

INFORMATION Digital1 Inspection Only

1. Unsealed Layered or 3D PDF Files

2. CADD Information

a. MicroStation DGN

b. InRoads DTM and XML format

c. InRoads ALG and XML format

3. Cross Sections in ADOBE PDF format

4. Quantity Work-ups2

5. Record Plans

6. Rock Cores (available for inspection only)

7. Sign Face Layouts in ADOBE PDF format

8. Stormwater Pollution Prevention Plan (SWPPP)

9. Subsurface Information

a. Subsurface Exploration Logs

b. Undisturbed Sample Logs

c. Laboratory Test Data from Soil Samples

d. Tabulated Results of Probing

e. Tabulated Depth to Bedrock

f. Rock Core Evaluation Logs

g. Compression Test Data from Rock Samples

h. Rock Outcrop Maps

i. Granular Materials Resource Survey Reports

j. Terrain Reconnaissance Reports

10. Subsurface Information - Other Information

a. Subsurface information from outside sources

b. Source Information - Granular Material and aggregates

c. Special Subsurface Reports

11. Anticipated Construction Schedule

12. Asbestos Information

a. Asbestos Blanket Variances

b. Asbestos Report

13. Special Reports or Other Information:

a. Permits

b. Design Approval Document

c. Survey Control Report

d. Wetland Compensation Report

1 – All digital material is provided in ADOBE (PDF) format, unless noted above. 2 – Required for all projects.

D264164 35

NYSDOT Electronic Bidding - AASHTOWare Project Bids and Bid Express

0850 1 of 2 Contract Management Lxx/xx/xx 06/20/19

Project Bids allows bidders to receive electronic proposal bid item information from the Department's web site and Bid Express to produce an electronic bid. Project Bids is provided free of charge, and can be used on almost any Windows-compatible PC. Benefits may include:

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

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

• When an amended item bid data is downloaded, recognition of changes is automatic.• Electronic bids are processed faster than paper bids, decreasing the time needed for

verification of bids by NYSDOT.

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

• Real-time bid submittal from any location.• No concerns about driving bids to Albany or mail services arriving after the deadline.• The ability to submit a "safety bid" early while continuing to solicit better quotes from

subs and suppliers and to overwrite the safety bid with a new bid right up to thesubmission deadline.

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

• The ability to solicit and receive quotes from subcontractors through the Small BusinessNetwork on Bid Express.

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

First time electronic bidders should:

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

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

• Enter the Agency as NYSDOT.• Use the appropriate Federal-ID and firm name. Federal-ID must be in the format 12-

3456789. Joint ventures must create a new digital ID. Joint ventures must also sendevidence of the authority of the agent or attorney-in-fact for the joint venturers to act onbehalf of all joint venturers to the Office of Contract Management prior to the Letting.

All electronic bidders should:

• Enter prices for all bid items in the Schedule of Items.• Enter days for the B portion(s) of A + B bids on the A+B Days tab (if applicable).• Enter the required info in the JURAT and Disclosure of Lobbying Activity folders.• Complete the Contract Document Bid-Ability Survey (optional).

D26416436

https://www.dot.ny.gov/bids-and-lettings/construction-contractors/electronic-bid-system

NYSDOT Electronic Bidding - AASHTOWare Project Bids and Bid Express

0850 2 of 2 Contract Management Lxx/xx/xx 06/20/19

• Enter the required info in the Bid Bond folder if submitting a bid through Bid Expressand click Verify to verify the bid bond.

• All bids submitted through Bid Express should be 100% complete as noted at the top ofthe page. Submitting a bid that is less than 100% complete through Bid Express couldlead to the bid being declared informal.

Paper Bid Documents: NYSDOT recommends and encourages contractors to bid electronically with Bid Express because of its many advantages, but contractors are not required to bid electronically. If NYSDOT receives both a Bid Express bid and a paper bid from the same contractor, the Bid Express bid will prevail.

Bidders who do not use Bid Express are encouraged to submit an electronic bid file on a CD or flash drive with their paper bid. NYSDOT will not accept electronic bids on any media without a paper bid. If there is any discrepancy between an electronic file submitted with the paper bid and the paper bid, the paper bid will prevail.

When submitting an electronic bid file with your paper bid, include only one .ebsx (Project Bids) file on the CD or flash drive. Do not put anything else on this CD or flash drive.

Amendments: Contractors are solely responsible for recognizing and responding to changes by amendment. If an amendment involves changes to item bid data, an amended Project Bids file will be posted to the Department's website and to Bid Express. This file must be applied to your electronic bid. If there is any discrepancy in the itemized proposals published in paper and electronic formats, in either the contract pay items or quantities, the Department will evaluate the bids based only on that portion that is common to all formats. For example, if an item is missing from any format, the bids will be evaluated excluding that item and if item quantities are different in any format, the bids will be evaluated using the lowest item quantity.

Please notify the Department at 518-457-2124 or 518-457-3583 if you find any such discrepancies. However, not all amendments will involve changes to item bid data.

For assistance:

• NYSDOT 518-457-2124 or 518-457-3583• Bid Express Help Desk (888) 352-2439 or (352) 381-4888• Third-party Software - Contact the vendor of the software. The Department is neither

authorized nor able to assist with any software package.

D264164 37

FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS

I. GeneralII. NondiscriminationIII. Nonsegregated FacilitiesIV. Davis-Bacon and Related Act ProvisionsV. Contract Work Hours and Safety Standards Act

ProvisionsVI. Subletting or Assigning the ContractVII. Safety: Accident PreventionVIII. False Statements Concerning Highway ProjectsIX. Implementation of Clean Air Act and Federal Water

Pollution Control ActX. Compliance with Governmentwide Suspension and

Debarment RequirementsXI. Certification Regarding Use of Contract Funds for

Lobbying

ATTACHMENTS

A. Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local AccessRoad Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under Title 23 (excludingemergency contracts solely intended for debris removal). Thecontractor (or subcontractor) must insert this form in eachsubcontract and further require its inclusion in all lower tiersubcontracts (excluding purchase orders, rental agreementsand other agreements for supplies or services).

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

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the followingsections, these contract provisions shall apply to all workperformed on the contract by the contractor's own organizationand with the assistance of workers under the contractor'simmediate superintendence and to all work performed on thecontract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in theseRequired Contract Provisions may be sufficient grounds forwithholding of progress payments, withholding of finalpayment, termination of the contract, suspension / debarmentor any other action determined to be appropriate by thecontracting agency and FHWA.

4. Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purposewithin the limits of a construction project on a Federal-aidhighway unless it is labor performed by convicts who are onparole, supervised release, or probation. The term Federal-aidhighway does not include roadways functionally classified aslocal roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employmentopportunity (EEO) requirements not to discriminate and to takeaffirmative action to assure equal opportunity as set forthunder laws, executive orders, rules, regulations (28 CFR 35,29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)and orders of the Secretary of Labor as modified by theprovisions prescribed herein, and imposed pursuant to 23U.S.C. 140 shall constitute the EEO and specific affirmativeaction standards for the contractor's project activities under

REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS

L09/06/12Page 1 of 11

D26416438

this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency andthe Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy thefollowing statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and makeknown to the contracting officers an EEO Officer who will havethe responsibility for and must be capable of effectivelyadministering and promoting an active EEO program and whomust be assigned adequate authority and responsibility to doso.

3. Dissemination of Policy: All members of the contractor'sstaff who are authorized to hire, supervise, promote, anddischarge employees, or who recommend such action, or whoare substantially involved in such action, will be made fullycognizant of, and will implement, the contractor's EEO policyand contractual responsibilities to provide EEO in each gradeand classification of employment. To ensure that the aboveagreement will be met, the following actions will be taken as aminimum:

a. Periodic meetings of supervisory and personnel officeemployees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.

b. All new supervisory or personnel office employees will begiven a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment forthe project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEOpolicy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures toimplement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, thecontractor will include in all advertisements for employees thenotation: "An Equal Opportunity Employer." All suchadvertisements will be placed in publications having a largecirculation among minorities and women in the area fromwhich the project work force would normally be derived.

a. The contractor will, unless precluded by a validbargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargainingagreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees torefer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, andemployee benefits shall be established and administered, andpersonnel actions of every type, including hiring, upgrading,promotion, transfer, demotion, layoff, and termination, shall betaken without regard to race, color, religion, sex, nationalorigin, age or disability. The following procedures shall befollowed:

a. The contractor will conduct periodic inspections of projectsites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread ofwages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnelactions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints ofalleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, andincreasing the skills of minorities and women who are


0860 L09/06/12Page 2 of 11

D264164 39

applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirementsand as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistancein accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants foremployment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training andpromotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part uponunions as a source of employees, the contractor will use goodfaith efforts to obtain the cooperation of such unions toincrease opportunities for minorities and women. Actions bythe contractor, either directly or through a contractor'sassociation acting as agent, will include the procedures setforth below:

a. The contractor will use good faith efforts to develop, incooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate anEEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referralpractices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractorwith a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /Employees with Disabilities: The contractor must be familiar

with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materialsand Leasing of Equipment: The contractor shall notdiscriminate on the grounds of race, color, religion, sex,national origin, age or disability in the selection and retentionof subcontractors, including procurement of materials andleases of equipment. The contractor shall take all necessaryand reasonable steps to ensure nondiscrimination in theadministration of this contract.

a. The contractor shall notify all potential subcontractors andsuppliers and lessors of their EEO obligations under thiscontract.

b. The contractor will use good faith efforts to ensuresubcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State-approved DBE program are incorporated by

reference.

b. The contractor or subcontractor shall not discriminate onthe basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agencydeems appropriate.

11. Records and Reports: The contractor shall keep suchrecords as necessary to document compliance with the EEOrequirements. Such records shall be retained for a period ofthree years following the date of the final payment to thecontractor for all contract work and shall be available atreasonable times and places for inspection by authorizedrepresentatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document thefollowing:

(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;

(2) The progress and efforts being made in cooperationwith unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring,training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annualreport to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor


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will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of

FHWA-1273 format and FHWA program requirements.

1. Minimum wages

a. All laborers and mechanics employed or working uponthe site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions

of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH 1321) shall beposted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

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

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

(ii) The classification is utilized in the area by theconstruction industry; and

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

(2) If the contractor and the laborers and mechanics to beemployed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(3) In the event the contractor, the laborers or mechanicsto be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or


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will notify the contracting officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits whereappropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performingwork in the classification under this contract from the firstday on which work is performed in the classification.

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

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

2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, orhelper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall bemaintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-

Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b.(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH 347 isavailable for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency..

(2) Each payroll submitted shall be accompanied by a

subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains theinformation required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

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

(iii) That each laborer or mechanic has been paid notless than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.


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(3) The weekly submission of a properly executedcertification set forth on the reverse side of Optional Form WH 347 shall satisfy the requirement for submission of the

this section.

(4) The falsification of any of the above certifications maysubject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the recordsrequired under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly

rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization ofapprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.


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d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. Thecontractor shall comply with the requirements of 29 CFR part3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insertForm FHWA-1273 in any subcontracts and also require thesubcontractors to include Form FHWA-1273 in any lower tiersubcontracts. The prime contractor shall be responsible for thecompliance by any subcontractor or lower tier subcontractorwith all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of thecontract clauses in 29 CFR 5.5 may be grounds for terminationof the contract, and for debarment as a contractor and asubcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Actrequirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arisingout of the labor standards provisions of this contract shall notbe subject to the general disputes clause of this contract. Suchdisputes shall be resolved in accordance with the proceduresof the Department of Labor set forth in 29 CFR parts 5, 6, and7. Disputes within the meaning of this clause include disputesbetween the contractor (or any of its subcontractors) and thecontracting agency, the U.S. Department of Labor, or theemployees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies thatneither it (nor he or she) nor any person or firm who has aninterest in the contractor's firm is a person or firm ineligible tobe awarded Government contracts by virtue of section 3(a) ofthe Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any personor firm ineligible for award of a Government contract by virtueof section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in theU.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETYSTANDARDS ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may requireor involve the employment of laborers or mechanics shallrequire or permit any such laborer or mechanic in anyworkweek in which he or she is employed on such work towork in excess of forty hours in such workweek unless suchlaborer or mechanic receives compensation at a rate not lessthan one and one-half times the basic rate of pay for all hoursworked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidateddamages. In the event of any violation of the clause set forthin paragraph (1.) of this section, the contractor and anysubcontractor responsible therefor shall be liable for theunpaid wages. In addition, such contractor and subcontractorshall be liable to the United States (in the case of work doneunder contract for the District of Columbia or a territory, to suchDistrict or to such territory), for liquidated damages. Suchliquidated damages shall be computed with respect to eachindividual laborer or mechanic, including watchmen andguards, employed in violation of the clause set forth inparagraph (1.) of this section, in the sum of $10 for eachcalendar day on which such individual was required orpermitted to work in excess of the standard workweek of fortyhours without payment of the overtime wages required by theclause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages.The FHWA or the contacting agency shall upon its own actionor upon written request of an authorized representative of theDepartment of Labor withhold or cause to be withheld, fromany moneys payable on account of work performed by thecontractor or subcontractor under any such contract or anyother Federal contract with the same prime contractor, or anyother federally-assisted contract subject to the Contract WorkHours and Safety Standards Act, which is held by the sameprime contractor, such sums as may be determined to benecessary to satisfy any liabilities of such contractor orsubcontractor for unpaid wages and liquidated damages asprovided in the clause set forth in paragraph (2.) of thissection.

4. Subcontracts. The contractor or subcontractor shall insertin any subcontracts the clauses set forth in paragraph (1.)through (4.) of this section and also a clause requiring thesubcontractors to include these clauses in any lower tiersubcontracts. The prime contractor shall be responsible forcompliance by any subcontractor or lower tier subcontractorwith the clauses set forth in paragraphs (1.) through (4.) of thissection.


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VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organizationcontract work amounting to not less than 30 percent (or agreater percentage if specified elsewhere in the contract) ofthe total original contract price, excluding any specialty itemsdesignated by the contracting agency. Specialty items may beperformed by subcontract and the amount of any suchspecialty items performed may be deducted from the totaloriginal contract price before computing the amount of workrequired to be performed by the contractor's own organization(23 CFR 635.116).

a. Theto workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over thesupervision of the day-to-day activities of the leased employees;

(2) the prime contractor remains responsible for the qualityof the work of the leased employees;

(3) the prime contractor retains all power to accept orexclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible forthe payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to workthat requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

2. The contract amount upon which the requirements set forthin paragraph (1) of Section VI is computed includes the cost ofmaterial and manufactured products which are to bepurchased or produced by the contractor under the contractprovisions.

3. The contractor shall furnish (a) a competent superintendentor supervisor who is employed by the firm, has full authority todirect performance of the work in accordance with the contractrequirements, and is in charge of all construction operations(regardless of who performs the work) and (b) such other of itsown organizational resources (supervision, management, andengineering services) as the contracting officer determines isnecessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned orotherwise disposed of except with the written consent of thecontracting officer, or authorized representative, and suchconsent when given shall not be construed to relieve thecontractor of any responsibility for the fulfillment of thecontract. Written consent will be given only after thecontracting agency has assured that each subcontract is

evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) isnot applicable to design-build contracts; however, contractingagencies may establish their own self-performancerequirements.

VII. SAFETY: ACCIDENT PREVENTION

T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shallcomply with all applicable Federal, State, and local lawsgoverning safety, health, and sanitation (23 CFR 635). Thecontractor shall provide all safeguards, safety devices andprotective equipment and take any other needed actions as itdetermines, or as the contracting officer may determine, to bereasonably necessary to protect the life and health ofemployees on the job and the safety of the public and toprotect property in connection with the performance of thework covered by the contract.

2. It is a condition of this contract, and shall be made acondition of each subcontract, which the contractor enters intopursuant to this contract, that the contractor and anysubcontractor shall not permit any employee, in performanceof the contract, to work in surroundings or under conditionswhich are unsanitary, hazardous or dangerous to his/herhealth or safety, as determined under construction safety andhealth standards (29 CFR 1926) promulgated by the Secretaryof Labor, in accordance with Section 107 of the Contract WorkHours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contractthat the Secretary of Labor or authorized representativethereof, shall have right of entry to any site of contractperformance to inspect or investigate the matter of compliancewith the construction safety and health standards and to carryout the duties of the Secretary under Section 107 of theContract Work Hours and Safety Standards Act (40U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAYPROJECTS

T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:


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"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERALWATER POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in theperformance of this contract is not prohibited from receiving anaward due to a violation of Section 508 of the Clean Water Actor Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to beincluded the requirements of paragraph (1) of this Section X inevery subcontract, and further agrees to take such action asthe contracting agency may direct as a means of enforcingsuch requirements.

X. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARYEXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more asdefined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification First Tier Participants:

a. By signing and submitting this proposal, the prospectivefirst tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set outbelow will not necessarily result in denial of participation in this

covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representationof fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall provideimmediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms "covered transaction," "debarred,""suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200.

grantee or subgrantee of Federal funds and a participant (such

the participant who has entered into acovered transaction with a grantee or subgrantee of Federal

covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submittingthis proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees bysubmitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely upon acertification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.


0860 L09/06/12Page 9 of 11

D26416446

i. Nothing contained in the foregoing shall be construed torequire the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) ofthese instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

* * * * *

2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion First TierParticipants:

a. The prospective first tier participant certifies to the best ofits knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed fordebarment, declared ineligible, or voluntarily excluded fromparticipating in covered transactions by any Federal department or agency;

(2) Have not within a three-year period preceding thisproposal been convicted of or had a civil judgment rendered against them for 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 orcivilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

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

b. Where the prospective participant is unable to certify toany of the statements in this certification, such prospectiveparticipant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a. By signing and submitting this proposal, the prospectivelower tier is providing the certification set out below.

b. The certification in this clause is a material representationof fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which

this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provideimmediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred,""suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the

refers to any covered transaction under a First Tier Covered

refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds

covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees bysubmitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

f. The prospective lower tier participant further agrees bysubmitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon acertification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed torequire establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e ofthese instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the


0860 L09/06/12Page 10 of 11

D264164 47

department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

* * * * *

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, bysubmission of this proposal, that neither it nor its principals ispresently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participating incovered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable tocertify to any of the statements in this certification, suchprospective participant shall attach an explanation to thisproposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACTFUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing andsubmitting this bid or proposal, to the best of his or herknowledge and belief, that:

a. No Federal appropriated funds have been paid or will bepaid, 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.

b. If any funds other than Federal appropriated funds havebeen 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.

2. This certification is a material representation of fact uponwhich reliance was placed when this transaction was made orentered into. Submission of this certification is a prerequisitefor making or entering into this transaction imposed by 31U.S.C. 1352. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting itsbid or proposal that the participant shall require that thelanguage of this certification be included in all lower tiersubcontracts, which exceed $100,000 and that all suchrecipients shall certify and disclose accordingly.


0860 L09/06/12Page 11 of 11

D26416448

0864 Page 1 of 1 L 09/01/16

Use of United States-flag vessels:

The contractor agrees-

(1) To utilize privately owned United States-flag commercial vessels to ship at least 50percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners,and tankers) involved, whenever shipping any equipment, material, or commoditiespursuant to this contract, to the extent such vessels are available at fair and reasonablerates for United States-flag commercial vessels.

(2) To furnish within 20 days following the date of loading for shipments originating withinthe United States or within 30 working days following the date of loading for shipmentsoriginating outside the United States, a legible copy of a rated, 'on-board' commercialocean bill-of-lading in English for each shipment of cargo described in paragraph (b) (1) ofthis section to both the Contracting Officer (through the prime contractor in the case ofsubcontractor bills-of-lading) and to the Division of National Cargo, Office of MarketDevelopment, Maritime Administration, Washington, DC 20590.

(3) To insert the substance of the provisions of this clause in all subcontracts issuedpursuant to this contract.

D264164 49

SPECIAL NOTE

INSURANCE COVERAGE

By virtue of the scope, location, type and/or estimated value, the following types of insurance, listed in Standard Specifications §107-06B, do not apply to this project and the Contractor is under no obligation to furnish proof of such insurance.

BUILDER’S RISKS INSURANCE

Builder’s Risks Insurance is not required for this contract.

Professional Liability/Errors and Omissions is not required unless the Contractor intends to include professional services requiring the signature, stamp or certification of a licensed professional, including, without limitation, erection plans, demolition plans, containment plans, coffer dams and temporary sheeting.

Railroad Protective Liability Insurance is not required because the project scope does not require work affecting any Railroads as described in §105-09.

Marine Protection & Indemnity Insurance is not required because the project scope does not require any Work performed on a navigable waterway using barges or other watercraft.

Pollution Liability Insurance is not required because the Contractor will not employ mobile equipment or tanks or facilities for fueling vehicles or equipment on-site. The Contractor will only use licensed and registered vehicles that are covered by a Commercial Automobile Policy, or provide the Pollution Liability

D26416450

SPECIAL NOTE

LIST OF ADDITIONAL INSURED PARTIES

The following is a list of additional parties for whom the Contractor must secure additional insured status under the liability/excess insurance required in Section 107-06 of the Standard Specifications, as applicable to this project:

State of New York / New York State Department of Transportation

Dutchess County

Putnam County

Town of East Fishkill

Town of Kent

As the locations of work become known, the Engineer will call for the addition of Additional Insured Parties to the Contractor’s insurance requirements as specified in Section 107-06 A.4 of the Standard Specifications.

Coverage must also be provided for any consultant inspecting engineer or inspector (and their agents) working for or on the project.

The above listing supplements Section 107-06 INSURANCE of the Standard Specifications.

D264164 51

New York State Vendor Responsibility Questionnaire For-Profit Construction (CCA-2)

1100 1 of 1 Per Contracts L01/01/20 10/18/19

In accordance with Standard Specification Section 105-05 VENDOR RESPONSIBILITY, “The Contractor shall at all times during the contract term remain responsible.” Failure to maintain and provide responsibility documentation may result in non-payment or suspension of work.

A New York State Vendor Responsibility Questionnaire For-Profit Construction (CCA-2) is the primary tool used to perform this review. An approved CCA-2 must be on file with NYSDOT to be considered for the award of a contract or for the approval of a subcontract. An approved CCA-2 covers NYSDOT work for 12 months from date of receipt.

Forms are available at: http://osc.state.ny.us/vendrep/forms_vendor.htm#Construction. Firms may file either electronically through the OSC site or can print out the CCA-2, and mail a signed and notarized original copy to:

New York State Department of Transportation Contract Management

50 Wolf Road, 1st Floor, Suite 1CM Albany, NY 12232

Whichever method of submission is selected, the Contractor must complete and include Attachments A, B and C. Further information can be found at: https://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info.

Please note if you file online through the OSC site, a responsibility review must still be completed by NYSDOT before work can start. Therefore, once certified on-line, you must notify NYSDOT via email at [email protected] which will initiate the review process. If you file online and do not notify NYSDOT within 3 months, it may be necessary for you to resubmit and recertify, restarting the process.

If you are not currently performing work for NYSDOT but anticipate bidding or subcontracting during the next 12 months, you should complete and submit a CCA-2. Please do not wait until you are scheduled to work on a project.

Questions may be sent to [email protected] or you may call (518) 457-1564. Thank you.

D26416452

http://osc.state.ny.us/vendrep/forms_vendor.htm#Construction

http://osc.state.ny.us/vendrep/forms_vendor.htm#Construction

https://www.dot.ny.gov/bids-and-lettings/construction-contractors/general-info








3400 Per DQAB L09/04/14

Page 1 of 1

SPECIAL NOTES

Location Maps

Landscape Development Notes

R.O.W.

Thruway

Canal

Funding

Asphalt and Fuel Price Adjustments

Specialty Items

Other Special Notes

Other Project Special Notes

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

D264164 53

SPECIAL NOTE TEMPORARY LANE/SHOULDER CLOSURE RESTRICTIONS FOR MAJOR

HOLIDAYS

EI 17-010 Page 1 of 1 L 05/01/18 or earlier 3408

There shall be no temporary lane/shoulder closures on roadway facilities owned and/or maintained by NYSDOT on the major holidays listed below.

Construction activities that will result in temporary lane/shoulder closures shall be suspended to minimize travel delays associated with road work for major holidays as follows:

Exceptions can only be made under the following conditions: Emergency work. Work within long-term stationary lane/shoulder closures. Safety work that does not adversely impact traffic mobility and has been authorized by

the Regional Traffic Engineer.

Note: The Department reserves the right to cancel any work operations, including lane closures and/or total road closures, that would create traffic delays by unforeseen events. The Contractor would be notified at least seven (7) calendar days prior to the proposed work.

Holiday Falls on Temporary lane closures are NOT allowed from

New Year’s Day Independence Day Christmas Day

Sunday or Monday 6:00 AM Friday before to 6:00 AM Tuesday after

Tuesday 6:00 AM Saturday before to 6:00 AM Wednesday after (starting at 6:00 AM Friday before to 6:00 AM Wednesday after for Christmas Day)

Wednesday 6:00 AM Tuesday before to 6:00 AM Thursday after (starting at 6:00 AM Saturday before to 6:00 AM Thursday after for Christmas Day)

Thursday 6:00 AM Thursday to 6:00 AM Monday after (starting at 6:00 AM Wednesday before to 6:00 AM Monday after for Christmas Day)

Friday or Saturday 6:00 AM Thursday before to 6:00 AM Monday after

Holiday Falls on Temporary lane closures are NOT allowed from Memorial Day Labor Day Monday 6:00 AM Friday before to 6:00 AM Tuesday after

Thanksgiving Day Thursday 6:00 AM Wednesday before to 6:00 AM Monday after

D26416454

SPECIAL NOTE OPTIONAL USE OF WARM MIX ASPHALT (WMA) TECHNOLOGIES

3430 Page 1 of 1 EI12008L09/06/12

The contractor has the option of using an Approved WMA Technology in the production of all 402, Hot Mix Asphalt (HMA) items, except SUPERPAVE HMA with Ice Retardant items, Waterproofing Bridge Deck HMA items, and Paver-Placed Surface Treatment items, at no additional cost to the State.

If the contractor chooses to use a WMA technology, the provisions of §401 and §402 shall apply including the following:

Use an approved technology appearing on the Approved List for Technologies for Warm Mix Asphalt. Design a mixture using a WMA Technology in accordance with MM 5.16, Superpave Hot Mix Asphalt Mixture Design and Mixture Verification Procedure. At a minimum, a one point verification of the mixture’s volumetric properties is acceptable for the following situations: When the WMA mix design is based on an existing Production Status HMA mix design. When the WMA mix design is based on, and utilizes a different WMA technology than, an

existing Production Status WMA mix design. Comply with the latest manufacturer’s “Production, Testing, and Compaction Details” from the Approved List for incorporating the WMA technology. Test specimens may be made from plant produced or laboratory prepared WMA. Test specimens must be made from plant produced WMA if adding the WMA technology in the lab does not simulate the production process. The Regional Materials Engineer (RME) may require a State representative be present during the fabrication and testing. Submit the WMA design to the RME for review and verification at least 14 calendar days before production, including: Name of WMA technology and the target dosage rate. If using an additive other than water, o Submit a MSDS for the additive.o Submit either enough of the additive for the laboratory mix design verification, or the

additive pre-blended in the PG Binder at the correct dosage. If the additive is not pre-blended into the PG Binder, include directions for properly incorporating the additive intothe laboratory made mixture.

Prior to the submission of any mix design, contact the RME to determine if there is an increased concern regarding the mixture’s moisture susceptibility based on the WMA technology and/or the type of aggregate being used, or the performance of similar mixes. The RME may require AASHTO T 283 moisture susceptibility test results, meeting a minimum Tensile Strength Ration (TSR) of 80%, as part of the mix design submission.

Submit Production Quality Control Plan revisions incorporating the WMA technology if not previously submitted.

For 80 Series Compaction Method, complete all breakdown roller passes before the mat temperature falls below 230° F, unless approved by the Director, Materials Bureau.

When the asphalt mixture is being placed over a Sheet-Applied Waterproofing Membrane, maintain a minimum delivery temperature in accordance with the Material Detail Sheets prepared by the membrane manufacturer.

D264164 55

HMA WITH CRUSHED GLASS

3440 L07/11/02, L09/06/07, L09/01/15 L07/11/02 Page 1 of 1

SCOPE. This specification covers the requirements for the addition of crushed glass to hot mix asphalt mixtures. The provisions of Section 402 - Hot Mix Asphalt (HMA) Pavements applies except that the Contractor has the option of blending of the crushed glass in the following mixes:

1 1/2 inch Nominal Max. Size 1 inch Nominal Max. Size 3/4 inch Nominal Max. Size Truing and Leveling Course

If the Contractor chooses the crushed glass option, the following modifications to the Standard Specifications shall apply:

MATERIAL REQUIREMENTS

Crushed glass shall be subject to the approval of the Regional Materials Engineer prior to its use. The crushed glass shall contain no more than 1% (by weight) contaminants and shall meet the following gradation:

Sieve Size Percent Passing

3/8 inch 100

1/4 inch 90 - 100

No. 30 0 - 20

Note: The gradation requirements may be modified upon approval by the Regional Materials Engineer.

Crushed glass may be included in the mixture up to 5%, maximum, of the total aggregate weight. The crushed glass, aggregate, and Performance-Graded Binder (PGB) shall meet the requirements specified in the Standard Specification §401-2.01 Hot Mix Asphalt Designs and §401-2.04 Performance-Graded Binder.

CONSTRUCTION DETAILS

The crushed glass shall be proportioned from a separate feed bin approved by the Regional Materials Engineer. In addition, all requirements pertaining to aggregate shall apply to crushed glass including the equipment requirements for automatic proportioning and recording as stipulated for aggregate in §401-3.08.

METHOD OF MEASUREMENT. The provisions of §401-4 and §402-4, Method of Measurement, shall apply.

BASIS OF PAYMENT. The provisions of §402-5, Basis of Payment, shall apply.

D26416456

SPECIAL NOTE: USE OF RECLAIMED ASPHALT SHINGLES (RAS) IN THE PRODUCTION OF

ASPHALT MIXTURES

3445 Page 1 of 2 L09/01/15

DESCRIPTION. The provisions below cover the use of Reclaimed Asphalt Shingles (RAS) in the production of asphalt mixtures. Sections 401 and 402 of the NYS Standard Specifications apply except as modified herein.

MATERIAL REQUIREMENTS

The Contractor has the option of using the following:

Manufactured Waste (MW) RAS may be used in shim, base, binder, and top courses (excluding 6.3 HMA Top Course, Waterproofing Bridge Deck Overlay, and Ice Retardant mixtures).

Post Consumer Waste (PCW) RAS and may be used in shim, base and binder courses.

The RAS must be stockpiled at the plant facility and shall be subject to the approval of the Regional Materials Engineer (RME) prior to its use. RAS shall meet the following requirements:

Shall be from a source that has obtained a beneficial use determination (BUD) from the NYS Department of Environmental Conservation (DEC) as specified in 6 NYCRR 360-1.15.

Shall be certified to be asbestos free. Shall be completely free of nails. In addition, it shall contain no more than 1% by weight

of other deleterious materials such as glass, wood, plastic, etc. Shall meet the following gradation:

Sieve Size Percent Passing Min. Max.

¼ inch (6.3 mm) 100 - #4 (4.75 mm) 90 100 #8 (2.36 mm) 75 90 #16 (1.18 mm) 50 70 #30 (0.600 mm) 30 55 #50 (0.300 mm) 15 40 #100 (0.150 mm) 5 25 #200 (0.075 mm) - 15

The maximum RAS allowed in the mixture is 2% by weight of the total mixture. A Control Plan for using shingles in HMA shall be developed and submitted to the Regional Materials Engineer detailing the control and testing of the stockpiles. RAS shall be uniformly blended with RAP to reduce clumping and must be stockpiled separate from other stockpiles. Other methods of reducing RAS clumping can be utilized with the approval of the RME.

Rejuvenator. A rejuvenator shall be added to PCW RAS using a pugmill or similar equipment to pre-blend and stockpile the rejuvenated PCW RAS. Alternatively, a spray system may be used

D264164 57

SPECIAL NOTE: USE OF RECLAIMED ASPHALT SHINGLES (RAS) IN THE PRODUCTION OF

ASPHALT MIXTURES

3445 Page 2 of 2 L09/01/15

to spray the rejuvenator onto the PCW RAS prior to its introduction into the plant mixer. The rejuvenator shall meet the requirements of ASTM D 4552, Standard Practice for Classifying Hot-Mix Recycling Agents. Other liquid products or methods which facilitate softening of the PCW RAS binder may be used with the approval of the Regional Materials Engineer. The application rate shall be as recommended by the rejuvenator supplier.

Mixture Design. Prior to production of the HMA, the mixture design shall be developed to meet all the requirements in the latest Materials Method (MM) 5.16, Hot Mix Asphalt (HMA) Mixture Design and Mixture Verification Procedures, available on the Department’s website. The mixture design shall also meet the performance test criteria listed in the table below. The testing must be performed by an AASHTO Materials Reference Laboratory (AMRL) approved laboratory that has the capability of performing these tests. When RAS is used in conjunction with RAP, the total percentage of reclaimed material shall not exceed the maximum of 20% for Top Course and Binder Course, and 30% for Base Course currently allowed under the specifications during the production of HMA.

Mixture Performance Test Requirements Tests Specification Criteria

Dynamic Modulus, AASHTO TP 79 Report Flow Number, AASHTO TP 79 200, min. Flexural Beam Fatigue, AASHTO T 321, 750μ-Strains 10,000 cycles, min. Overlay Tester, TxDOT TEX-248F 300 cycles, min.

Reclaimed PG Binder Ratio: The ratio of reclaimed PG binder from the RAP and RAS to the total PG binder content shall not exceed 0.2.


The provisions of Section 401 and Section 402 apply except that the RAP/RAS stockpile shall be tested at a frequency of at least once per day of production to determine the asphalt content and the gradation of the combined reclaimed material.

D26416458

US CUSTOMARY FUEL PRICE ADJUSTMENT

EB 15-010 Page 1 of 2 L 09/01/2015 3520

FUEL PRICE ADJUSTMENT1 CONVERSION FACTORS

MATERIAL DESCRIPTION CONVERSION FACTOR ITEM NUMBER2

Unclassified Excavation 0.35 gal/yd3 203.02

Embankment 0.10 gal/yd3 203.03, 620.xx

Fill 0.45 gal/yd3 203.05, 203.06, 203.07, 203.08xx, 203.20, 203.21, 203.25

Controlled Low Strength Material 1.00 gal/yd3 204.01, 204.02, 204.03, 204.04

Trench/Culvert/Structure Excavation 0.50 gal/yd3 206.01, 206.0201

Bituminous Stabilized Course 1.40 gal/yd3 302.01, 307.01

Sub-base Course 1.00 gal/yd3 304 Items

Hot Mix Asphalt 2.50 gal/ton 402 Items3, 405.01, 608.0201023, 619.06014, 624.02xxxx3,4, 633.143,4, 633.153,4, 633.163,4

Milling 0.10 gal/yd2 490 Items

Portland Cement Concrete Pavement 1.00 gal/yd3 502 Items3, 503.1010, 503.1011, 503.1012

Fill Type Retaining Walls 0.45 gal/yd3 554.30xx5, 554.315, 554.4x5

Footing Concrete & Concrete for Structures - All classes

1.00 gal/yd3 555 Items, 582.05

Approach Slabs 0.33 gal/yd2 557.2001, 557.2002, 557.2003, 557.2009, 557.22

Structural Slabs with bottom formwork

0.25 gal/yd2 557.01xx, 557.07, 557.30

Structural Slabs - no bottom formwork

0.15 gal/yd2 557.05xx, 557.09

Class D Concrete 0.05 gal/yd2 557.13, 584 Items

Concrete Barrier, Type A 0.16 gal/ft 606.3001, 606.3021, 606.3031

Concrete Barrier, Type B 0.19 gal/ft 569.01, 606.3002, 606.3022, 606.3032

Concrete Barrier, Type C 0.22 gal/ft 606.3003, 606.3023, 606.3033

Concrete Barrier, Half Section 0.11 gal/ft 569.02, 606.3004, 606.3024, 606.3034

Concrete Median Barrier, Single Slope

0.23 gal/ft 569.05, 606.3041, 606.3043, 606.3044

Concrete Median Barrier Wide, Single Slope

0.28 gal/ft 606.3051, 606.3053, 606.3054

D264164 59

US CUSTOMARY FUEL PRICE ADJUSTMENT

EB 15-010 Page 2 of 2 L 09/01/2015 3520

FUEL PRICE ADJUSTMENT1 CONVERSION FACTORS


Concrete Barrier Half Single Slope

0.17 gal/ft 569.04, 606.3061, 606.3063, 606.3064

Vertical Faced Concrete Parapet 0.10 gal/ft 569.03

Gravel, Stone, Slag 1.00 gal/yd3 411.01, 411.02, 411.03, 623.1x

Concrete Sidewalks and Driveways 1.00 gal/yd3 608.01xx

Topsoil 0.45 gal/yd3 610.10, 610.11xx, 610.14xx

Notes: 1. In accordance with Standard Specification §698-3.02, the index value for the fuel price adjustment is

the posted price for the month of bid letting.2. Item Number - This is the contract pay item number under which these materials are most

frequently paid. Unless indicated otherwise, materials similar to those indicated under the columnentitled “Material Description” are also eligible for adjustment using the factor listed for a similarmaterial with the same pay units regardless of the actual contract pay item number.

3. Quality Adjustment Items (402/502/608/624) are not eligible for fuel price adjustment.4. Fuel Price Adjustment Conversion Factor based on units of TONS of asphalt placed, not the pay units

of this item.5. Fuel Price Adjustment Conversion Factor based on units of CY of backfill paid under this item, not

the pay units of this item.

D26416460

US CUSTOMARY ASPHALT PRICE ADJUSTMENT

EB 15-010 Page 1 of 2 L 09/01/2015 3530 Rev. 9/17/15

ASPHALT PRICE ADJUSTMENT1 CONVERSION FACTORS


Bituminous Stabilized Course 0.065 t PGB/yd3 302.01

Asphalt Treated Permeable Base, Type 1

0.030 t PGB/t 402.010902

Asphalt Treated Permeable Base, Type 2

0.035 t PGB/t 402.011902

Shim Course 0.0825 t PGB/t 402.058902

6.3 SUPERPAVE HMA 0.067 t PGB/t 402.068xxxx8 RR

9.5 SUPERPAVE HMA 0.062 t PGB/t 402.09xxxx

12.5 SUPERPAVE HMA 0.055 t PGB/t 402.12xxxx

19 SUPERPAVE HMA 0.049 t PGB/t 402.19xxxx

25 SUPERPAVE HMA 0.045 t PGB/t 402.25xxxx

37.5 SUPERPAVE HMA 0.040 t PGB/t 402.37xxxx Paved Placed Surface Treatment, Types A, B, and C

0.064 t PGB/t 415.01xxyy03

Micro-Surfacing, Quick-Set Slurry

0.078 t PGB/t 410.102102 RR, 410.103102 RR, 410.104102 RR, 410.202302 RR, 410.203302 RR

Straight Tack Coat 0.0026 t PGB/gal 407.0103

Asphaltic Sealants (ASTM 6690) 0.0027 t PGB/gal 402.75xx RR, 402.76xx RR, 402.76020018

Chip Seal 0.0027 t PGB/gal 410.0105006, 410.07

Asphalt Emulsion for Cold Recycling 0.0027 t PGB/gal 416.02xx

Fog Seal and Dilute Tack Coat 0.0016 t PGB/gal 407.0102, 416.04, 410.0106006

PG Binder for Cold Recycling 0.0043 t PGB/gal 416.03

Asphaltic Sealant – Clean & Seal 0.225 t PGB/LNMI 402.76030008, 412.76030001

Asphaltic Sealant – Treating Cracks 0.240 t PGB/LNMI 412.76040001

Asphaltic Sealant – Rout & Seal 0.270 t PGB/LNMI 402.76010008 Repair of HMA Pavement, Temporary Asphalt

See Note 4 633.14, 633.15, 633.16, 619.06xx

True and Leveling, Asphalt Sidewalks, Driveways, Bike Paths, Gutters

See Note 5 402.017902, 402.01890xxx, 608.020102, 624.02xx

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US CUSTOMARY ASPHALT PRICE ADJUSTMENT

EB 15-010 Page 2 of 2 L 09/01/2015 3530 Rev. 9/17/15

ASPHALT PRICE ADJUSTMENT1 CONVERSION FACTORS

Notes: 1. In accordance with Standard Specification §698-3.01, the index value for the asphalt price

adjustment is the average posted price of Performance Graded Binder (PGB) for the month of bidletting.

2. Item Number - This is the contract pay item number under which these materials are mostfrequently paid. Unless indicated otherwise, materials similar to those indicated under the columnentitled “Material Description” are also eligible for adjustment using the factor listed for a similarmaterial with the same pay units regardless of the actual contract pay item number.

3. Quality Adjustment Items (402/608/624) are not eligible for asphalt price adjustment.4. Asphalt Price Adjustment Conversion Factor based on units of TONS of asphalt placed, not the pay

units of this item. The conversion factor for HMA Pavement Repair and Temporary Asphalt will bebased on the actual asphalt mixture used.

5. The conversion factor for Truing and Leveling, Driveways, and other items that allow asphalt mixoptions, will be based on the actual mixtures used.

6. A two digit suffix (RR) at the end of a contract pay item indicates a special specification.7. The conversion factors for HMA mixed with slag shall be increased by 25%.8. t = tons

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GENERAL NOTES

Description of Work:

This contract provides for correcting pavement deficiencies on approximately 7.7-miles that exist on Interstate 84 from mile marker 52.3 by the Taconic State Parkway to mile marker 60.0 by Bowen Road and the scenic rest area ramps as funding allows in the Towns of East Fishkill and Kent in Dutchess and Putnam Counties. The work will consist of removing approximately one and a half inches of the current surface and replacing the removed material to resurface the roadway to extend surface life and improve the quality and safety of the roadway. Additional work to be performed includes: repairs of longitudinal and transverse joints, installation of stone weep underdrains, restoring pavement markings in accordance with the 2009 Federal MUTCD, and replacing the milled-in audible roadway delineators (MIARDS) along the highway shoulders.

Schedule Restrictions and Requirements:

The Contractor shall schedule and perform the contract work in accordance with the following restrictions:

1. Work shall be progressed in the order described in the staging table shown below.

A. Once construction work has been started on a stage, all construction work in that stagemust be completed before construction work in the next stage can be started. Forpurposes of this statement, construction work does not include planning for futurestages, survey operations, producing an inventory of existing pavement markings and/ortraffic loops and other vehicle detectors, or installing final pavement markings.

B. All construction work in a stage must be finished by the completion date shown in thestaging table. For each calendar day that the Contractor’s work extends beyond thecompletion date specified for a given stage in the staging table, liquidated damages inthe amount specified in the staging table will be assessed and will be deducted from anymonies due to the Contractor.

C. No additional time will be granted to the Contractor for any subsequent stage tocompensate for lost time due to the Contractor’s failure to complete a given stage by thespecified completion date.

STAGING TABLE

STAGE HIGHWAY COMPLETION DATE

LIQUIDATED DAMAGES PER CALENDAR DAY

1 Interstate 84 – Mill and Pave

as well as joint repairs, stone weep underdrains and full depth repairs

Nov. 26, 2020 $5,000

2 Interstate 84 – Complete Construction

Work (Reference Markers and Snowplowing Markers)

March 21, 2021 $5,000

2. Multiple crews will be needed to complete the contract work for each stage by thecompletion date specified in the staging table. The actual number of crews may vary for

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each stage and may be limited due to other restrictions and/or requirements described elsewhere in these notes or in the work zone traffic control notes.

3. Once construction work in a stage has been satisfactorily completed and upon writtenacceptance of such work by NYSDOT, maintenance responsibility for the locations withinthat stage shall revert to NYSDOT.

Prioritized List of Locations:

Below is a prioritized list of locations in this contract from most to least important. Work shall be done according to the prioritized order:

Priority Location Description 1 I-84 Mainline EB & WB 2 I-84 EB & WB Scenic Rest Area Ramps

If it is determined by the Engineer that work beyond that described in the contract documents is required at a higher prioritized location, work at the lowest remaining prioritized location(s) will be reduced or eliminated to compensate for the cost of extra work at the higher prioritized location. Accordingly, the Contractor shall have no expectation that all work at all locations included in the contract will be performed.

Overtime:

If Department funds are allocated, the Department intends to have inspection resources available if the Contractor desires to work overtime and has received permission to do so.

Availability of Right-of-Way (ROW):

All work at each site in this contract shall be performed within the existing public right-of-way in accordance with section 105-15 of the Standard Specifications. The contractor is to assure himself that all work is being performed within the ROW, including but not limited to vehicle access; storage of equipment, materials, debris, and waste; landscaping; vegetation removal and management; grading, seeding and this installation of turf; and the installation of any fences or protective barrier.

If the contractor is unable to identify the limits of the Right-of Way when the contract calls for work in those vicinities, the contractor must contact the project engineer for definitive boundary determination before any work may be initiated at those locations (Standard Specifications 105-10 & 625).

In accordance with Section 105-15 of the Standard Specifications, releases for any non-essential contract work outside of the existing right-of-way, including plantings; landscaping, or driveway enhancement, will be provided by the project engineer and in no instance, are to be secured by the contractor. The contractor shall not invade upon private properties, lands, or building outside of the Right-of-Way for any reason without first securing written permission from the property owner (Standard Specifications 105-15).

The contractor will be held liable for any damages done. Any such injuries or damages shall be satisfactorily repaired or items replaced at the contractor’s expense (Standard Specification 107-08 and 107-09)

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The Contractor shall acquire any releases or property rights that are needed for his/her own benefit (i.e., equipment storage, material stock piles, etc.).

Storage yard space may be available for the contractor’s use within the NYSDOT sub residency yard on Ludingtonville Rd at the Kent Park and Ride. The space may be available from April 1, 2020 to October 31, 2020 and must be completely vacated by the Contractor outside that timeframe. Access and limits within the yard for the contactors use are to be coordinated with the Engineer-In-Charge and the Resident Engineer for the Maintenance residency.

NYSDOT Residency 8-3 (Southern Dutchess & Putnam Counties) 106 Ludingtonville Rd. Holmes, NY 12531 Email: [email protected] Phone: (845)-878-6361

Specialty Items:

The following series of items are designated as "Specialty Items" for this contract as defined in Section 108-05 of the Standard Specifications:

Item Description 685.20010004 White Epoxy Traffic Paint with Wet-Night Reflectorized

Elements – 20 Mils (Grooved Pavement Method) 685.21010004 Yellow Epoxy Traffic Paint with Wet-Night Reflectorized

Elements – 20 Mils (Grooved Pavement Method)

Contract Limits:

The contractor’s attention is drawn to the fact that contract limits are from reference marker 84I 8202 1120 to reference marker 84I 8403 1019 as well as those identified in “Table of Existing Ramp Limits” located elsewhere in the proposal. The Contractor shall be responsible for the highway within the contract limits. On-site contract work cannot be conducted outside the contract limits.

Insurance Coverage:

The Contractor's attention is directed to the fact that the installation of contractor-owned portable variable message signs at off-site locations is outside the contract limits and that proper insurance coverage shall be provided for this work.

Other Contractors:

Because of work on other contracts within the limits of this contract, the Contractor may not have exclusive occupancy of the territory within the limits of this contract. The provisions of Section 102-03 of the Standard Specifications shall apply.

If this occurs, the Contractor will be required to coordinate his operations with those of the other contractor and the provisions of Section 102-03 of the Standard Specifications shall apply.

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Emergency Contact Person:

In accordance with Section 107-05 C of the Standard Specifications, the Contractor shall designate someone to be available to respond to emergency calls. The name of the person and the telephone number at which he/she can be reached at any time shall be given to the Engineer and all police agencies in the project area. Such person shall have the full authority and capability to mobilize forces promptly as required to respond to an emergency and protect the public.

Existing Roads:

Existing roads used for hauling of materials or equipment shall be kept free from debris, maintained by the Contractor, and left in a condition satisfactory to the Engineer. In accordance with Section 107-09 of the Standard Specifications, the Contractor shall be held responsible for any damage to existing roads caused by the operation of his//her equipment and that adequate repair for such damage shall be required at his/her expense.

Units of Measurement:

This contract was prepared using US Customary units of measurement. The Contractor shall immediately notify the Engineer of the discovery of any inadvertent metric units in the contract plans or proposal. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the contract documents.

Reference Markers:

Reference markers are small green roadside signs used to mark a particular location along a state highway. These markers consist of a rectangular green shield about eight inches wide by ten inches high with three rows containing up to four characters each. The first row contains the touring route number. The second row contains the region/county numbers and the county order number. The third row contains the control segment number and the first three digits of the end mile point, expressed in tenths of a mile, for that control segment. Tables and other references in this contract reflect the above designation with distance from the reference marker expressed in feet.

Mile Posts:

Mileposts within roadways bear the identifier for that highway placed on a white background with black numbers, referenced at tenths of a mile. Table and other references in the contract reflect the above designation with distance from the mile post expressed in feet.

Survey Operations:

The Contractor shall complete survey tasks (i.e. station roadway, mark out overhead utilities, and survey manholes, valves and catch basins requiring adjustment to provide a smooth riding surface and promote proper drainage, etc.) as directed by the Engineer prior to beginning any construction work. Payment for this work will be under Item 625.01. All survey notes shall be submitted to the Engineer.

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Use of Restricted Vehicles on Parkways:

When the operation of commercial or other restricted vehicles on one or more parkways is necessary to fulfill the requirements of this contract, the Contractor shall first apply for and obtain the appropriate Restricted Vehicle Permit(s).

In addition to all other required liability insurance, the Contractor will be required to furnish automobile liability insurance issued to and covering the People of the State of New York with respect to the operation of restricted vehicles on parkways within limits authorized by such permit(s).

For operation of commercial or other restricted vehicles on the Cross County Parkway, Hutchinson River Parkway, Saw Mill River Parkway, Sprain Brook State Parkway and/or Taconic State Parkway, the Contractor shall apply for a Restricted Vehicle Permit at:

New York State Department of Transportation (845)-437-3397 4 Burnett Boulevard Poughkeepsie, NY 12603 Email: [email protected]

For Special Hauling Permit, the Contractor shall apply at:

New York State Department of Transportation (845)-437-3397 4 Burnett Boulevard Poughkeepsie, NY 12603 Email: [email protected]

Maintenance Jurisdiction:

The State will assume the responsibility for maintenance of the highway after the acceptance of the contract.

Maintenance Jurisdiction – Municipally or Privately Owned Facilities:

All existing sanitary sewers and other sewers not deemed to be part of the project by the Commissioner, water mains, hydrants, and other municipally or privately owned facilities within the limits of the highway ROW which remain in service unchanged, and all such facilities relocated or protected as part of the work performed under the project, whether crossing, located within or adjacent to the ROW, shall be maintained, as the case may be, by the municipality or by the agency or unit owning or having control and jurisdiction thereof at no expense or cost to the state pursuant to Section 10, Subdivision 24 of the Highway Law.

Posted Structures (Vertical Clearance & Weight):

Low clearance or weight restricted bridges or weight restricted culverts may be present in this contract. It shall be the Contractor’s responsibility to include in his bid the cost of any additional or special equipment necessary to complete the work over or under a posted structure. Cost for this work shall be included in the appropriate milling and paving items. The following is a list of existing bridges and large culverts within the contract limits. Vertical clearances and load postings, if any, are indicated. Note that this information is subject to change.

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Route BIN/CIN Ref. Mkr. Vert. Clear

Load Posting

Comments

84I 1032571 84I 8202 1124 15’-2” N/A I-84 over Taconic State Pkwy84I 1032572 84I 8202 1124 14’-9” N/A I-84 over Taconic State Pkwy84I 1052351 84I 8202 1134 N/A N/A I-84 over Hosner Mountain Rd.84I 1052352 84I 8202 1134 N/A N/A I-84 over Hosner Mountain Rd.84I 1052361 84I 8202 1146 N/A N/A I-84 over Route 5284I 1052362 84I 8202 1146 N/A N/A I-84 over Route 5284I 1052370 84I 8202 1156 N/A N/A Mountain Top Rd. over I-84 84I 1052390 84I 8202 1176 N/A N/A CR-30 (Holmes Rd.) over I-84 84I 1052741 84I 8403 1003 N/A N/A I-84 WB over Lundingtonville Rd.84I 1052742 84I 8403 1003 N/A N/A I-84 EB over Lundingtonville Rd.84I 1091561 84I 8403 1004 N/A N/A I-84 WB over stream84I 1091562 84I 8403 1004 N/A N/A I-84 EB over stream84I 1052750 84I 8403 1014 N/A N/A Bowen Rd. over I-84 84I CA00074 84I 8202 1123 N/A N/A Adjacent to ramp CL (I-84 EB

entrance/TSP SB exit) 84I CA00075 84I 8202 1123 N/A N/A On ramp BL (I-84 WB exit/TSP

SB entrance) 84I CA00076 84I 8202 1125 N/A N/A 84I CA00078 84I 8202 1136 N/A N/A 84I CA00079 84I 8202 1146 N/A N/A 84I CA00080 84I 8202 1147 N/A N/A 84I CA00081 84I 8202 1168 N/A N/A I-84 EB84I CA00082 84I 8202 1168 N/A N/A I-84 WB84I CA00083 84I 8202 1173 N/A N/A I-84 WB84I CA00084 84I 8202 1173 N/A N/A I-84 EB84I CA00085 84I 8403 1006 N/A N/A I-84 WB84I CA00086 84I 8403 1006 N/A N/A I-84 EB84I CA00087 84I 8403 1012 N/A N/A 84I CA00104 84I 8403 1016 N/A N/A 84I CA00105 84I 8403 1018 N/A N/A 84I CA00106 84I 8403 1018 N/A N/A

Coordination with Utilities:

NYSDOT has not determined the public and private utility lines that may exist within or adjacent to each site of work.

The Contractor shall conduct his operations as to prevent damage to such facilities. He shall make such explorations as may be necessary to determine the dimensions and locations of lines that may be subject to damage. Notification to the various owners of facilities shall be given in accordance with New York State Industrial Code 753 (effective February 5, 1997).

The Contractor shall satisfy himself as to the exact location of utility lines and shall protect and support in a suitable manner at his own expense all underground utilities encountered in his excavating and trenching operations. The Contractor shall make good any damage to those utilities caused by his operations. If the nature of the damage is such as to endanger the satisfactory operations of the utilities and the necessary repairs are not immediately made by

D26416468

the Contractor, the work may be done by the respective owning companies and the cost thereof charged against the Contractor.

Prior to the commencement of construction, the Contractor shall meet with all the known public and private utility companies occupying the work site. The Contractor shall, at this meeting, inform the utility companies of his schedule of operations and so coordinate his work with these companies.

The Contractor specifically agrees that he has included in his unit prices and lump sum prices bid for the various items of the contract any additional cost of doing the work under this contract because of the fact that he may not have a clear site for the work and because of interference of roadway use by the utilities, and the necessity or desirability of opening certain sections of pavement to traffic before the entire work is completed.

Cleaning Pavement and Shoulder Surfaces:

The Contractor is reminded that all existing pavement and shoulder surfaces to be resurfaced must be cleaned prior to the application of tack coat. This includes the entire surface of the shoulders up to the back edge of shoulder, face of curb or face of guide rail. Cleaning of the pavement and shoulder surfaces shall be paid under Item 633.11.

The Contractor is reminded that all milled pavement and shoulder surfaces must be cleaned prior to reopening the road to traffic after the completion of milling operations and prior to the application of tack coat. This includes the entire surface of the shoulders up to the back edge of shoulder, face of curb or face of guide rail. Cleaning of the pavement and shoulder surfaces is included in the appropriate milling item(s).

Cleaning, Grading and Shaping Existing Roadside Section:

Prior to beginning milling operations, the Contractor shall submit a list of locations requiring the use of Item 621.05, Clean, Grade and Shape Existing Roadside Section, to the Engineer for concurrence. The primary purpose of Item 621.05 is to provide a clean roadside section that allows water to freely drain away from the road surface.

Removal of the millings generated from milling operations is included in the appropriate milling item(s), and shall not be paid under Item 621.05.

Truing and Leveling Course and Shim Course:

A quantity of Asphalt Concrete Truing and Leveling Course has been included in this contract to be placed where ordered by and to the satisfaction of the Engineer.

Unless otherwise ordered by the Engineer, it is not intended that this material be used to cover the entire existing pavement, but rather that it be used to fill and patch holes, to fill wheel ruts and other pavement ruts, to remove irregularities in the existing pavement in order to improve the pavement’s riding quality or surface drainage.

Production Cold Milling:

Item 490.15, Production Cold-Milling Surface Planning of Bituminous Concrete, shall be used in this contract. The Contractor shall survey the pavement for existing manholes, catch basins,

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traffic loop junction boxes and valve boxes. Care shall be taken to avoid damage to these items when milling the pavement. Milling equipment suitable for milling around these items will be required and shall be paid under the appropriate 490 item(s). Milling will be to the depth necessary to remove the existing top course or as shown in the contract documents, whichever is greater. The Contractor is hereby notified that any milled area must be resurfaced the same work shift. If any milled area remains exposed the Contractor will be assessed liquidated damages in the amount of $5,000 for each 24 hour period or portion thereof until the road is resurfaced. A milled area is defined as that portion of the traveled way, including the area needed for hot mix asphalt overlay splices, milled in any one construction work shift. The Contractor may have to start resurfacing before all milling is completed. At no time shall any resurfacing placed as a part of this contract be milled during the milling operation except as ordered by the Engineer. The Contractor should stage the operation accordingly. No spoil area is available within the highway right-of-way. All spoil material removed from the job site shall be disposed by the Contractor as per Section 490-2.02 of the Standard Specifications. The Contractor shall be responsible for obtaining a storage location outside of the highway right-of way for millings to be used for shoulder back-up. The millings generated for this project and shown in the table below shall become the property of the State. The Contractor shall deliver the millings to the location(s) shown in the table below and using his/her equipment shall stockpile the delivered millings as directed by the Engineer. The remainder of the millings generated from this project shall be disposed of as per section 490-5 of the NYSDOT Standard Specifications.

Route/County Residency/Phone Contact Person Deliver Millings To Amount

I-84 (Dutchess)

Res. 8-3 (845) 454-6361

Gregory Bentley, P.E.

641 Ludingtonville Rd, Holmes, NY 12531 (Kent Park and Ride – Exit 58)

3,500 yd3

I-84 (Putnam)

Res. 8-3 (845) 454-6361

Gregory Bentley, P.E.

1120 NY-22, Brewster, NY 10509 1,500 yd3

Milling in Shoulder Areas: At locations where milling is specified, if subbase is encountered when milling shoulders, excavate 3” under Item 203.02 and place 3” of Item 402.257903 for a length determined by the Engineer. Shoulder Backup: Shoulder back up shall be Type D, recycled asphalt concrete (millings), as described in the special specification for Item 203.24010017. Recycled asphalt concrete pavement shall be broken down into sizes no larger than 1 inch. Tack Coat:

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Straight Tack Coat (Item 407.0103) shall be placed between all courses of pavement.

Longitudinal Paving Joint Requirements:

Top course paving must be done evenly across all travel lanes. At the end of each work shift, the top course shall have no exposed longitudinal joints between travel lanes.

Asphalt Pavement Joint Adhesive shall be used on all final pavement joints, including along any curbs, and is to be paid for under Item 418.7603.

Pavement Temperature Requirements:

Due to concerns of flushing and premature rutting, the freshly paved roadway shall not be opened to traffic by the contractor until the surface temperature falls below 130°F.

Hot Mix Asphalt Overlay Splices:

Hot mix asphalt (HMA) overlay splices shall be used at ends of HMA overlay highway sections.

In addition, hot mix asphalt overlay splices shall be installed at each end of all bridges.

The hot mix asphalt overlay splices described above shall be constructed in accordance with the current standard sheet or as directed by the Engineer. The cost of milling for the hot mix asphalt overlay splices listed above shall be paid for under the appropriate milling item.

The cost for hot mix asphalt overlay splices needed to provide a smooth transition to non-major intersecting roads and driveways shall be included in the top course asphalt item.

Top Course Pavement:

The Contractor shall schedule top course paving operations to minimize the number of transverse joints in a given travel lane while complying with the work zone traffic control requirements and restrictions described elsewhere in the contract documents.

Vibratory Compaction:

The Contractor should be aware that this contract document has performance-related specifications and the Contractor will be responsible for compacting the pavement within a specified density range. The Contractor will be responsible for meeting the Project Target Density (PTD) during daily pavement density monitoring. The choice of the compaction equipment, speeds, and rolling patterns will be the Contractor's responsibility. The Contractor shall choose appropriate compaction equipment that will achieve the required pavement density, subject to the following restrictions:

Vibratory compaction will not be permitted at the following locations:

Route Ref. Mkr. BIN/CIN*

I-84 WB 84I 8202 1124 BIN 1032571 I-84 EB 84I 8202 1124 BIN 1032572

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I-84 WB 84I 8202 1134 BIN 1052351 I-84 EB 84I 8202 1134 BIN 1052352 I-84 WB 84I 8202 1146 BIN 1052361 I-84 EB 84I 8202 1146 BIN 1052362

I-84 84I 8202 1156 BIN 1052370 I-84 84I 8202 1176 BIN 1052390

I-84 WB 84I 8403 1003 BIN 1052741 I-84 EB 84I 8403 1003 BIN 1052742 I-84 WB 84I 8403 1004 BIN 1091561 I-84 EB 84I 8403 1004 BIN 1091562

I-84 84I 8403 1014 BIN 1052750 I-84 EB 84I 8202 1123 CA00074 I-84 WB 84I 8202 1123 CA00075

I-84 84I 8202 1125 CA00076 I-84 84I 8202 1136 CA00078 I-84 84I 8202 1146 CA00079 I-84 84I 8202 1147 CA00080

I-84 EB 84I 8202 1168 CA00081 I-84 WB 84I 8202 1168 CA00082 I-84 WB 84I 8202 1173 CA00083 I-84 EB 84I 8202 1173 CA00084 I-84 WB 84I 8403 1006 CA00085 I-84 EB 84I 8403 1006 CA00086

I-84 84I 8403 1012 CA00087 I-84 84I 8403 1016 CA00104 I-84 84I 8403 1018 CA00105 I-84 84I 8403 1018 CA00106

* - Vibratory compaction is not permitted from 20’ before the culvert or bridge to 20’ afterthe culvert or bridge.

Where vibratory compaction is allowed, the choice of appropriate compaction equipment will include, but is not limited to, a three roller train, a pneumatic tire roller, etc. The Contractor should be aware that where vibratory compaction is permitted, the Contractor assumes full responsibility for the cost of repairing all damage which may occur to highway components and adjacent property, including buried utility and service facilities, if vibratory compaction equipment is used in accordance with the specifications.

Where vibratory compaction is not allowed, the choice of appropriate compaction equipment will include, but is not limited to, a pneumatic tire roller, etc. In areas where vibratory compaction is not permitted, subsequent to the initial paving day, the provision to stop production or Quality Adjustment Factors will not apply.

Regardless of whether vibratory compaction is permitted or not, routine paving will only begin after a PTD has been established by the Regional Materials Engineer based on testing of the pavement cores. The Contractor can continue paving after the completion of the test section outlined in the specification under the provisions of "Option." When the provisions of the specifications are not met during routine paving, the Contractor will construct a new test section. Paving may be continued after completion of the test section using an interim PTD determined in accordance with current Materials Procedures.

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SUPERPAVE HOT MIX ASPHALT COURSES PG BINDER AND MIX DESIGN LEVEL

The pavement items in this contract are performance-related specifications in which the Contractor is responsible for compacting asphalt concrete pavement courses to meet a specified density range. To successfully compact the pavement to the specified density range, the Contractor must be prepared to select, operate, and control the paving and compaction equipment, to monitor the results, and to make necessary adjustments (without direction from the Engineer) to achieve the specified density results. Written instructions for determining pavement density and core locations are available from the Regional Materials Engineer or the Director, Materials Bureau.

The requirements contained in this note apply to all Section 402, Hot Mix Asphalt (HMA), and Section 404, Warm Mix Asphalt (WMA), items in this contract.

PG BINDER

Use polymer or Terminal Blend Crumb Rubber Modified Performance Graded (PG) Binder 64E-22 meeting the requirements of AASHTO M 332, Standard Specification for Performance Graded Asphalt Binder using Multiple Stress Creep Recovery (MSCR), for the production of hot mix asphalt mixtures for this project. In addition, the binder grade must also meet the elastomeric properties as indicated by one of the following equations for %R3.2:

1. For Jnr3.2 ≥ 0.1, %R3.2 >29.371 * Jnr3.2-0.2633

2. For Jnr3.2 <0.1, %R3.2 > 55

Where: R3.2 is % recovery at 3.2 kPa Jnr 3.2 is the average non-recoverable creep compliance at 3.2 kPa

When Terminal Blend CRM PG binder is used, the following shall apply: Crumb rubber particles shall be finer than #30 sieve size. The CRM PG binder shall be storage-stable and homogeneous. The Dynamic Shear Rheometer (DSR) shall be set at 2-mm gap. The CRM PG binder shall be 99% free of particles retained on the 600 µm sieve as

tested in accordance with Section 5.4 of M 332.

The use of polyphosphoric acid (PPA) to modify the PG binder properties is prohibited for mixtures containing limestone, limestone as an aggregate blend component, limestone as a constituent in crushed gravel aggregate, or recycled asphalt pavement (RAP) that includes any limestone. This prohibition also applies to the use of PPA as a cross-linking agent for polymer modification.

MIX DESIGN

The mixture designs must be developed in accordance with the criteria specified in the HMA items that are appropriate for an Estimated Traffic Level of >30.0 Million 80 kN ESALs.

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Note: The PG binder for this project will be modified with polymer or CRM additives to meet the requirements stated above. Handling of the HMA shall be discussed at pre-construction and pre-paving meetings.

Pavement Markings:

All new pavement markings shall be installed in compliance with the current 685 series standard sheets, the current Manual on Uniform Traffic Control Devices (MUTCD) and the current NYS Supplement to the MUTCD. Any pavement markings not in compliance shall be replaced with the correct ones. Generally, the following markings have been identified as nonconforming and will be replaced:

Diagonal cross hatching at gore areas Lane lines in taper areas Yield bars Lane drop arrows

To insure that the correct pavement markings are installed, the Contractor shall: Conduct a field survey with the Engineer prior to the commencement of milling and

paving work, and maintain a record of existing pavement markings with detailedattention given to special or complex markings (i.e., letters, symbols, crosshatches, etc.).The use of aerial photography, including but not limited to Google Earth and Bing, in lieuof a field survey is not acceptable. The content and method of recording the existingpavement markings will be determined by the Engineer.

Detail the proposed pavement markings to be installed where existing markings are not incompliance with the current standard sheets, MUTCD or NYS Supplement to the MUTCD.

Provide a copy of the existing pavement marking survey and proposed pavementmarking layout described in the preceding two bullets to the Engineer at least two (2)weeks before final pavement marking installation.

The Engineer will forward the existing pavement marking survey and proposed pavement marking layout to the Regional Traffic Engineer for approval. No direct payment will be made for this work.

If the contract is to be closed out prior to the 180 day performance period the resulting delay in performance inspection and performance acceptance of preformed markings shall not delay acceptance of the entire project and final payment due if the Contractor provides the Department with bonds in the full amount of all preformed pavement marking items. These bonds shall conform to the requirements of §103-04 and shall be in full force and effect until final performance inspection and performance acceptance of the pavement markings. In addition, the contractor shall keep in full force the various types of insurance as required by §107-06.

Staging, Storage, and Stockpile Areas

The Contractor’s attention is directed to Standard Specification 107-08 regarding procedures for use of areas outside the limits of disturbance and/or the contract limits shown on the contract documents, such as for staging, storage, and stockpile areas. Additional environmental approvals may be necessary.

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Reporting of Spills, Discharges and/or Contaminated Soils During construction, the Contractor shall stop operations immediately upon discovering or encountering any of the following contaminated material indicators: Noxious odors emanating from the soil or water Discolored soil, discolored water, or discolored foundations Leaking pipes, transformers, tanks and/or barrels Dead vegetation or the lack of vegetation Existing on-site spill mitigation apparatus

The Contractor shall notify the New York State Department of Environmental Conservation at 1-800-457-7362 within two (2) hours of such discovery or encounter with contaminated material indicators and shall notify the Engineer-In-Charge immediately after notification to NYCDEC. No further work shall be done at the site until the response team has determined how the Contractor may safely handle and properly dispose of the contaminated material. Migratory Bird Protection Note Under the Migratory Bird Treaty Act (MBTA), it is unlawful by any means or manner to intentionally or unintentionally take, capture, or kill any migratory bird unless a permit is first secured. Violations of MBTA regulations are subject to penalties of up to $15,000 and six months imprisonment. Protected migratory birds include all waterfowl, herons, hawks, owls, eagles and songbirds, including swallows, robins, and eastern phoebes. Their feathers, nests, and eggs are also protected under the MBTA. Exempt from the MBTA are rock doves (domestic pigeons), house sparrows (English Sparrows), European Starlings, and Monk Parakeets. Non-native human-introduced bird species are not protected by MBTA. Although these species are not protected under the MBTA, they should still be treated as humanely as possible. If any bird nests are encountered prior to or during work contact the Engineer-In-Charge (EIC) immediately. Areas scheduled for work from April 15 to August 15 (the period in which nests are typically found with eggs or unfledged chicks) shall be inspected for bird nesting activity prior to commencing any work activity. If the nest(s) is determined to be occupied, avoid disturbing, damaging or removing the nest until the young are fledged (leave the nest). At no time, should the nests of hawks, falcons or eagles be destroyed, as these species return to the same nest site year after year and reuse the same nest. After fledging occurs (of species other than hawks, falcons or eagles), and all nesting activity is believed to have ceased (typically indicated by adult birds moving to and from the nest, sounds of young in the nest, or birds persisting in the vicinity of the nest), then the nest(s) can be presumed to be unoccupied and can be removed so that work may proceed. Unoccupied nest(s) should be removed as quickly as possible to prevent birds from beginning a second nest brood at the same location. From August 16 to April 14 nests can be presumed to be unoccupied and can be removed after confirming that the nest is indeed inactive.

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If there are any questions regarding how to proceed with nesting migratory birds, immediately contact the EIC. No nests of protected migratory birds shall be removed or disturbed in any way without permission from the EIC.

Endangered Species Notes

Tree Protection for Endangered Species

The area beneath the drip line of all trees with a trunk diameter of 3 (three) inches or greater located outside of the project clearing limits or in proximity to staging, storage and stockpile areas shall not be disturbed. Disturbance includes removing trees, stockpiling material, storing equipment, or driving and parking vehicles beneath the drip lines of trees.

The Contractor shall submit a plan to the Engineer-In-Charge for approval showing the proposed staging, storage and stockpile areas for each work site prior to placement of any equipment or staging of materials at the subject area.

Tree Removal and Trimming Prohibition

Removal of trees with a trunk diameter of 3 (three) inches or greater and removal of tree branches with a diameter of 3 (three) inches or greater are both prohibited unless coordinated and approved by the Engineer-In-Charge in consultation with the construction environmental coordinator.

Temporary Lighting Restrictions for Indiana Bat & Northern Long-Eared Bat

Suitable bat habitat has been identified within the project limits. Suitable habitat is defined as wooded areas containing trees greater than 3 (three) inches in diameter at breast height (dbh) that have exfoliating bark, cracks, crevices, and/or hollows. From April 1 through September 30, all temporary lighting shall be directed away from suitable bat habitat, as it can stress protected bat species.

New York City Water Supply Watershed Notes

The following contact information pertains to all notes in this section: East of Hudson: (email is preferred) New York city department of environmental protection (NYCDEP) Bureau of Water Supply, Stormwater Program, East of Hudson 465 Columbus Avenue Valhalla, NY 1059P Jean Marc Roche [email protected], (914) 749-5359 With copy to Gail Piranio, [email protected]

New York City-owned water supply lands are present adjacent to the project limits. Water supply lands are not indicated on the proposal plans. The contractor is required to stay within the highway right-of-way. The contractor will not deposit any debris on NYCDEP owned lands.

Prior to the start of work, the contractor shall provide the Engineer-In-Charge (EIC) with a detailed work schedule for the work located in the NYC water supply watershed. The EIC shall submit the schedule to the NYCDEP East of Hudson contacts provided above.

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The EIC will notify the NYCDEP contacts at least 48 hours prior to the commencement of work in the NYC Water Supply Watershed.

Wetland Protection Notes

New York State Freshwater Wetlands and/or Federal Jurisdictional Wetlands are present within the project area but have not been field delineated. Construction, grading, filling, excavating, clearing, stockpiling, storing, staging or other related activity shall not be permitted within the wetland(s) without first contacting the engineer-in-charge. No such work shall be permitted within the 100 foot adjacent area of state wetlands, except as described in these plans, without first contacting the Engineer-In-Charge.

To prevent the unintentional introduction or spread of invasive species, the Contractor shall ensure that all construction equipment be cleaned of mud, seeds, vegetation and other debris before entering any approved construction areas within the state regulated wetland or its 100 foot adjacent area.

Stream Protection Notes

The following protected waterbodies are within the project limits: Wickopee creek: class C, standard C Tributary to stump pond stream: class B, standard B

No work shall be conducted in the streams. Any work in a waterbody may require additional permits or permit modifications and shall not be done without first contacting the Engineer-In-Charge.

During the course of construction, the contractor shall conduct its operations in such a manner as to prevent any damage to any waterbody, including wetlands, from direct or indirect pollution by debris, sedimentation or other foreign material, or from the manipulation of equipment and/or materials in or near such water bodies.

During construction operations, the contractor shall not be allowed to drop waste concrete, debris, and other material into the waterbody. Platforms, nets, screens, or other protective devices shall be used to catch the material. If the engineer-in-charge determines that adequate protective devices are not being employed, the work shall be suspended until adequate protection is provided.

Restoring Disturbed Areas:

The Contractor’s attention is directed to the fact that there are no turf establishment pay items in the contract for use other than were specified in the contract documents. All disturbed earth areas shall be restored as per specification 107-11. There will be no direct payment made for labor or materials needed to do this work. The cost will be included in the various items in the contract.

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WORK ZONE TRAFFIC CONTROL PLAN

General:

Work zone traffic control shall be provided in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD), the current version of Section 619 of the Standard Specifications, the current Work Zone Traffic Control (619 series) Standard Sheets, any provisions contained in the plans and/or proposal of this contract, and as directed by the Engineer.

Work zone traffic control for mobile operations, if required, shall be provided in accordance with Chapter 6 of the MUTCD.

As defined in Section 101-02 of the Standard Specifications, the MUTCD consists of the national Manual on Uniform Traffic Control Devices for Streets and Highways and the New York State Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways.

Changes to the Work Zone Traffic Control Plan:

The Contractor must submit to the Engineer, in writing, proposed revisions to the Work Zone Traffic Control Plan for review and approval by the Regional Director or his/her designee a minimum of seven (7) calendar days prior to the planned implementation of such proposed revisions, except for changes that alter the basic concept or scope of the Work Zone Traffic Control Plan. Such changes to the basic concept or scope must be submitted to the Engineer for approval by the Regional Director or his/her designee a minimum of forty-five (45) calendar days prior to implementation of such revisions.

Construction Equipment and Vehicles

All vehicles and equipment within the contract limits and on travel lanes and/or shoulders shall be equipped with and shall operate a minimum of one amber rotating or flashing Light Emitting Diode (LED) beacon visible from all directions for a minimum of 1000 feet during daylight. If visibility of a single beacon is blocked by a portion of the vehicle or equipment, additional beacons shall be provided. Beacons shall be mounted in a manner which does not cause glare for drivers using the roadway or the operator of the vehicle or equipment.

All barrier/shadow vehicles shall weigh a minimum of 18,000 lb and shall be equipped with truck-mounted impact attenuators and truck-mounted arrow panels. Impact attenuators shall meet the requirements of NCHRP 350 Test Level 3 and Section 729-12 of the Standard Specifications. Arrow panels shall be Truck-Mounted Series B or C panels meeting the requirements of Section 729-15 of the Standard Specifications and Section 6F.61 of the MUTCD. The price of truck-mounted impact attenuators and truck-mounted arrow panels shall be included in the price bid for the basic work zone traffic control item.

Parking of Construction Equipment & Vehicles and Storage of Materials:

Construction equipment (including light towers, if used), vehicles and materials shall be placed or stored during non-working hours a minimum of 30 feet from the edge of pavement or behind temporary concrete barrier or guide rail. Equipment, vehicles and materials stored behind temporary concrete barrier or guide rail shall not be placed or stored within the appropriate deflection distance shown in Table 619-6, Guide Rail and Temporary Concrete Barrier Standard

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Deflection Distances, in the Standard Specifications.

Private vehicles owned by the Contractor or the Contractor’s workers shall be parked, during working and non-working hours, in accordance with the requirements in the preceding paragraph.

Condition of Traffic Control Devices:

At the start of contract work, all cones, temporary tubular markers, drums, construction barricades, vertical panels, warning lights, arrow panels, portable variable message signs, pavement marking tape and raised pavement markers shall appear in "Acceptable" condition as described and pictured in the current edition of the American Traffic Safety Services Association (ATSSA) manual Quality Guidelines for Temporary Traffic Control Devices. These devices shall not be allowed to fall below the "Marginal" condition at any time during the life of the contract.

All signs shall be in “Acceptable” condition as described in the ATSSA manual Quality Guidelines for Temporary Traffic Control Devices throughout the life of the contract. Non-standard sign legends are not acceptable.

Rigid sign panels shall have a minimum mounting height of 7 feet, measured from the roadway surface to the bottom of the sign. For signs incorporating an auxiliary panel below the primary panel, the minimum mounting height shall be 6 feet. Flexible panel and lightweight rigid panels shall be mounted in accordance with the Standard Specifications.

Requirements for Portable Variable Message Signs:

Portable variable message signs shall be placed at all major approaches to the project or, for contracts with multiple locations, at all major approaches to each location, as directed by the Engineer. Payment shall be made under Item 619.110743.

Portable variable message signs will be used to notify motorists at least two weeks in advance of the anticipated start of work date at each location and, when applicable, the anticipated start of each subsequent stage that requires a new work zone traffic control pattern. The signs shall remain in place until all work is completed at a location or in a stage, or as directed by the Engineer.

Portable variable message signs shall be placed on all approaches to each ramp to be closed to notify motorists at least seven (7) calendar days in advance of the ramp closing.

Where traffic will be riding on milled or grooved pavement and the posted speed limit is 45 mph or greater, the Contractor shall place a portable variable message sign in advance of the milled or grooved pavement warning motorcycle riders to use caution.

The following is a summary of the anticipated need for portable variable message signs:

I-84 Mainline (PVMS 1 & 2)Location: EB and WB approaches to project Duration: For duration of project

Taconic State Parkway (PVMS 3 & 4) Location: NB & SB approaches to I-84 Duration: For duration of project

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The Contractor is reminded that, in accordance with Section 619-3.10 of the Standard Specifications, portable variable message signs with a pay unit of each shall be relocated or reoriented, if necessary, up to four (4) times per year as conditions dictate at no additional cost to the State.

Standard (typical) messages for portable variable message signs shall be supplied to the Contractor by the Engineer. The Contractor shall submit any unique messages to the Engineer for approval by the Surface Transportation Controller. Requests for message approval should accompany the Road Work Form described in the Temporary Lane and Shoulder Closures note below.

Activity Areas:

Activity areas should be limited to one side of a roadway at a time unless approved by the Engineer. Unless otherwise approved by the Engineer, activity areas on alternate sides of a roadway shall be separated by a minimum longitudinal distance of 4L, where L is defined in Table 6H-4 of the MUTCD.

It may be necessary to limit the length of a given activity area. The Engineer will determine the maximum length of activity areas.

When two activity areas on a roadway are separated by a sufficient longitudinal distance, advance warning signs shall be placed for both activity areas in accordance with the MUTCD or applicable Work Zone Traffic Control Standard Sheet(s). When the longitudinal distance between successive activity areas is not sufficient, the Contractor shall provide adequate signage to inform road users and reduce confusion. The Engineer shall determine the adequacy of signage in such cases.

Temporary Lane and Shoulder Closures:

It will be necessary to temporarily close travel lanes and/or shoulders to perform the contract work. The following restrictions shall apply to lane and shoulder closures:

A. No lane or shoulder closures shall be permitted without the prior approval of theEngineer.

No lane or shoulder closures shall be permitted during non-working hours, unlessspecifically provided elsewhere in the contract documents.

B. All lane and/or shoulder closures on key corridors must be approved by the HudsonValley Transportation Management Center’s Surface Transportation Controller (STC)prior to implementation. Key corridors are defined in C below.

Lane and/or shoulder closures on non-key corridors do not require STC approval butmust be reported in advance to the STC.

The Hudson Valley Transportation Management Center’s Road Work Form shall beused to request STC approval of lane and/or shoulder closures on key corridors and tonotify the STC of lane and/or shoulder closures on non-key corridors. The Road WorkForm will be made available to the Contractor by the Engineer.

D26416480

The Contractor is responsible for preparing the Road Work Form and forwarding it through the Engineer to the STC. The Road Work Form must be submitted to the STC at dot.sm.r08.stc or [email protected] a minimum of seven (7) calendar days in advance of scheduled closures. The STC shall respond within four (4) calendar days after receipt of the Road Work Form.

C. Key corridors are defined as: I-84 (including the Newburgh-Beacon Bridge) NYS Route 17 (Future I-86) I-87 (including the Tappan Zee Bridge) I-90 I-95 I-287 I-684 Cross County Parkway (CCP) Hutchinson River Parkway (HRP) Palisades Interstate Parkway (PIP) Saw Mill River Parkway (SMRP) Sprain Brook Parkway (SBP) Taconic State Parkway (TSP)

To minimize inconvenience to the traveling public, the State reserves the right to allow work by others along key corridors within the contract limits.

Due to possible traffic control conflicts, lane/shoulder closure approvals on key corridors may or may not be granted for the date(s) requested. Any additional costs, delays or remobilizations associated with the approval process shall be included in the bid price for basic work zone traffic control. On the key corridor(s) in this contract the Required Number of Lanes by Time of Day Chart shall be followed. This chart is located elsewhere in the contract proposal. Ramp and/or shoulder closures shall be prohibited during the morning and afternoon/evening peak (rush) hours. The exact time restrictions for shoulder closures will be determined by the STC. Lane, ramp, and/or shoulder closures may be further restricted by provisions contained in the Nighttime Construction and Activity Area Lighting note below. The Contractor shall schedule his/her operations such that no lane, ramp or shoulder closures or restrictions occur during time periods when the Required Number of Lanes by Time of Day Chart(s) indicate that all existing travel lanes are required to be open. This means that setting up work zones for lane, ramp, and/or shoulder closures cannot begin until the time indicated in the Required Number of Lanes by Time of Day Chart(s) when lane reductions are permitted and that removal of such work zones must be completed by the time that all travel lanes are required to be open.

D. On non-key corridors the same number of travel lanes (including turning lanes) as exist prior to this contract shall be maintained in each direction during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. - Monday to Friday, inclusive. Ramps and/or shoulders shall not be closed during these time periods.

D264164 81

E. As described below, the time restrictions in C and D can be adjusted by the Engineer astraffic conditions warrant.

The Engineer is authorized to order additional time restrictions on all roads of up to onehour per work day if traffic conditions warrant. There shall be no cost to the State forsuch added restrictions. The Contractor shall not have any delay claims against theState if the Engineer orders up to one hour of additional time restrictions per day.

The Engineer is authorized to reduce time restrictions on non-key corridors as trafficconditions warrant.

F. The following Holiday restrictions supplement the “Special Note – TemporaryLane/Shoulder Closure Restrictions for Major Holidays”. The Contractor will not beallowed to implement any temporary lane, ramp or shoulder closures or otherwisedisrupt traffic in any way during the following holidays in addition to those stated in“Special Note – Temporary Lane/Shoulder Closure Restrictions for Major Holidays”.Temporary Lane Closures SHALL NOT be permitted until 10:00 am the day followingthe Holiday. This time restriction supersedes those times shown in the “Special Note –Temporary Lane/Shoulder Closure Restrictions for Major Holidays.

2019Mothers Day - Sunday, May 12. Beginning 6:00 AM Friday May 10 and ending 10:00AM Monday May 13.Columbus Day - Monday, October 14. Beginning 6:00 AM Friday October 11 andending 10:00 AM Tuesday October 15.

2020Mothers Day - Sunday, May 10. Beginning 6:00 AM Friday May 8 and ending 10:00 AMMonday May 11.Columbus Day - Monday, October 12. Beginning 6:00 AM Friday October 9 and ending10:00 AM Tuesday October 13.

2021Mothers Day - Sunday, May 9. Beginning 6:00 AM Friday May 7 and ending 10:00 AMMonday May 10.Columbus Day - Monday, October 11. Beginning 6:00 AM Friday October 8 and ending10:00 AM Tuesday October 12.

The Contractor will not be allowed to implement any temporary lane or shoulder closuresor otherwise disrupt traffic in any way during the following State recognized holidays:

1) New Year’s Day 4) Labor Day2) Memorial Day 5) Thanksgiving Day3) Independence Day 6) Christmas Day

If an above recognized holiday is on a Monday, no temporary lane or shoulder closures or other traffic disruptions will be permitted from 12 noon Friday before the holiday to 10 a.m. Tuesday after the holiday.

D26416482

If an above recognized holiday is on a Tuesday, no temporary lane or shoulder closures or other traffic disruptions will be permitted from 12 noon Friday before the holiday to 10 a.m. Wednesday after the holiday.

If an above recognized holiday is on a Wednesday, no temporary lane or shoulder closures or other traffic disruptions will be permitted from 12 noon Tuesday before the holiday to 10 a.m. Thursday after the holiday.

If an above recognized holiday is on a Thursday or Friday, no temporary lane or shoulder closures or other traffic disruptions will be permitted from 12 noon the day before the holiday to 10 a.m. Monday after the holiday.

If an above recognized holiday is on a weekend day, no temporary lane or shoulder closures or other traffic disruptions will be permitted from 12 noon Friday before the holiday to 10 a.m. Tuesday after the holiday.

G. In areas of major shopping malls, the same number of travel lanes (including turninglanes) as exist prior to this contract shall be maintained in each direction during thehours of 10:00 a.m. to 4:00 p.m. on Saturdays. This applies to key corridors and non-key corridors.

H. The State reserves the right to preclude lane and/or shoulder closures during periods ofinclement weather, wet or icy pavement, reduced visibility, traffic accidents or any otheremergencies. The State may alter any lane or shoulder closures should trafficconditions or other unforeseen circumstances arise which would adversely affect thetraffic flow. The Contractor is also alerted to the fact that incident management or trafficconditions might force his/her construction operations to stop, even during time wheresuch operation would normally be permitted. Seven (7) above-described occurrencesper calendar year should be taken into consideration as a reasonable frequency whenbidding this project. The Contractor shall have no claim against the State for any delaysor extra costs incurred in complying with these restrictions.

The State may grant a waiver of these restrictions upon a timely receipt of a request for said waiver from the Contractor. A minimum of seven (7) calendar days for the review of the Contractor's request is required.

Nighttime Construction and Activity Area Lighting:

This project shall be constructed during the nighttime. All work requiring lane and/or shoulder closures, including work on ramps, shall be done between the hours of 8:00 PM and 6:00 AM, Sunday through Thursday, except on state holidays as described in paragraph F of the Temporary Lane and Shoulder Closures note above. Lane and/or shoulder closures on key corridors within the specified nighttime work period shall comply with the Required Number of Lanes by Time of Day Charts described in paragraph C of the Temporary Lane and Shoulder Closures note above.

Prior to any nighttime operations, the Contractor shall conduct a nighttime mock run of the proposed lighting scheme which shall be viewed by the Engineer for approval. Nighttime work shall not be scheduled to commence on this night.

D264164 83

Type “B” high intensity flashing warning lights meeting the requirements of Section 729-18 of the Standard Specifications shall be used with construction signs, and shall be included in the price bid for Item 619.01. A Traffic Control Supervisor shall be present during all nighttime operations.

Item 619.24000004, Nighttime Operations (With Balloon Lighting Requirements for Moving Operations), and Item 619.25, Traffic Control Supervisor, are included in the contract.

Channelizing Devices:

Recommended practices for channeling devices are provided in the MUTCD and Section 619-3.02 J of the Standard Specifications.

Tall cones, meeting the requirements of Section 729-02 of the Standard Specifications, are normally adequate for work zones set up and removed on a daily basis during daylight hours. Drums or oversized vertical panels are preferred for all other work zones and at any locations where the risk of intrusion is high, as determined by the Engineer.

The Contractor shall make frequent checks commensurate with traffic conditions to identify and reset channelizing devices dislodged by traffic.

Flagger Equipment and Stations:

To insure a proper level of traffic safety, each flagger shall be equipped with a two-way radio device. The cost shall be included in the basic work zone traffic control item.

All flagger stations shall be enhanced with additional cones and a flag tree as shown on the Work Zone Traffic Control (619 series) Standard Sheets and as directed by the Engineer. The flag tree shall meet the requirements of Section 6F.62 of the MUTCD except that a minimum of three (3) flags are required. This setup shall be used for all flagger stations except those that are constantly moving. All costs associated with these requirements shall be included under the basic work zone traffic control item.

Flagger signs are to be used only when a flagger is actually present and visible to the motorist. Flagger signs shall be covered or removed at all other times.

Enforceable Reduced Regulatory Speed Limit and Advisory Speed Signs (Daily Operation Installations):

All reductions in regulatory speed limits and advisory speeds associated with work zones must be approved, in writing and in advance, by the Regional Traffic Engineer or his/her designee.

The Contractor may request approval of reduced regulatory speed limits and advisory speeds for short-term stationary work zones where such provisions are not otherwise specified in the contract documents. Requests must be submitted through the Engineer to the Regional Traffic Engineer a minimum of fourteen (14) calendar days in advance of the scheduled implementation of any work zone containing the requested reduced regulatory speed limits and/or advisory speeds.

Generally, to qualify for a reduction in regulatory speed limit at a short-term stationary work

D26416484

zone, the work zone must contain an activity area that is greater than ½ mile on a highway with a preconstruction posted speed limit of 55 MPH or greater and be of a duration exceeding four (4) hours where workers are on foot in the activity area and are not predominantly separatedfrom traffic by a positive barrier. If approved, the reduced regulatory speed shall be no morethan 10 MPH below the preconstruction posted speed limit. In long work zones with severalintermittent activity areas, the preconstruction posted speed limit shall be restored betweenactivity areas that are separated by two (2) or more miles.

To qualify for an advisory speed at a short-term stationary work zone, hazardous work zone conditions must exist that warrant a localized reduction in speed. Such conditions include, but are not limited to, narrow lanes, bumps, grooved pavement, low or no shoulders, roadway drop-offs, poor roadway surface, poor sight distance, geometric constraints and exposed workers adjacent to active traffic.

If a reduction in regulatory speed limit and/or advisory speed is approved, the Contractor shall furnish, install and maintain regulatory speed limit and/or advisory speed signs in accordance with Sections 619-3.02 H 4 and 5 of the Standard Specifications and the MUTCD, and as directed by the Engineer. These signs shall be used in conjunction with the lane closure or other work zone traffic control signs and shall be covered or removed when the work zone traffic control pattern is removed each day. Any existing regulatory speed limit signs within the work zone shall be covered during the time the work zone traffic control is in place and uncovered when the work zone traffic control pattern is removed.

Reductions in regulatory speed limits and advisory speeds shall not be permitted for mobile or short duration work zones.

The cost of utilizing approved regulatory or advisory speed zone signs, and covering existing signs, shall be included in the price bid for basic work zone traffic control.

Use of Median Crossovers:

Operators of vehicles and equipment in excess of 10,000 lb GVW shall not use the median for u-turns, including at maintenance crossovers, when operating such vehicles or equipment.

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3710 Per DQAB L05/07/09 Page 1 of 1

PROJECT DETAILS

Maps

Typical Sections

Tables

Details


D26416486

DESCRIPTION OF WORK

*** THIS LOCATION REQUIRES SAME DAY MILL AND FILL ***

*** THIS LOCATION REQUIRES NIGHT WORK ***

ALL DIMENSIONS ARE IN ft UNLESS OTHERWISE NOTED

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DESCRIPTION OF WORK 08

TACONIC STATE PARKWAY TO BOWEN ROAD

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THE WESTBOUND REST AREA RAMPS AND PARKING AREA (RM 84I 8202 1148� TO 84I 8202 1153�)

THE EASTBOUND REST AREA RAMPS AND PARKING AREA (RM 84I 8202 1148�TO 84I 8202 1153�)

RAMPS TO BE RESURFACED:

NO MILLING WILL BE PERFORMED ON ANY CONCRETE STRUCTURES.

DELINEATORS (MIARDS) ALONG THE HIGHWAY SHOULDERS.

MARKINGS IN ACCORDANCE WITH THE 2009 FEDERAL MUTCD, AND REPLACING THE MILLED-IN AUDIBLE ROADWAY

THE WORK ALSO INCLUDES: REPAIRS OF LONGITUDINAL AND TRANSVERSE PAVEMENT JOINTS, RESTORING PAVEMENT

I-84 ROADWAYS, REST AREA, AND SHOULDERS WITH A 1.5" ASPHALT OVERLAY.

THE WORK CONSISTS OF MILLING 1.5" TO REMOVE THE TOP COURSE OF ASPHALT AND RESURFACING ROUTE

WESTBOUND PROJECT LIMITS: RM 84I 8202 1120� (MILE MARKER 52.3) TO RM 84I 8403 1014� (MILE MARKER 60.0)

EASTBOUND PROJECT LIMITS: RM 84I 8202 1120� (MILE MARKER 52.3) TO RM 84I 8403 1014� (MILE MARKER 60.0)

LOCATION:

D264164 87

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D26416492

ITEM DESCRIPTION UNITS

490.30

402.257903

TACK COAT407.0103 GAL

EXISTING ASPHALT OVERLAY

EXISTING CONCRETE PAVEMENT

ITEM 490.30

TON

ITEM 418.7603 (TYP.)

418.7603 ASPHALT PAVEMENT JOINT ADHESIVE LFALL DIMENSIONS ARE IN ft UNLESS OTHERWISE NOTED

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/TIM

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Gold

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05-N

OV

-2019 1

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6

FIL

E N

AM

E =

REGION

PINCOUNTY:

I-84 PMI PAVING

DUTCHESS 8062.52

08

SYMISC. COLD MILLING OF BITUMINOUS CONCRETE

COMPACTION

TRUE & LEVELING F9, SUPERPAVE HMA, 70 SERIES


80

62

52

_cp

h_

msd

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/PUTNAM

DETAIL - JOINT REPAIR

DETAIL FOR LONGITUDINAL AND TRANSVERSE JOINT REPAIR I-84 (TYP.)

SEE NOTE 7

ITEM 407.0103

ITEM 633.05040008

633.05040008 LF

PAV'T & ASPHALT OVERLAY ON CONC. PAV'T

CLEAN & FILL JOINTS & CRACKS IN ASPHALT CONC.

5"-6" TYP.

VARIESSEE NOTE 2

ITEM 490.15

ITEM 402.125103

402.125103 TON

TACK COAT SHALL BE APPLIED BETWEEN ALL PAVEMENT COURSES.7.

ALL ASPHALT SHALL BE COMPACTED TO FULL REQUIREMENTS IN SPEC.6.

TRUING AND LEVELING SHALL BE PLACED IN 2.5" - 3.0" LIFTS WITH A 25mm MIX.5.

EACH TRANSVERSE JOINT IS MEASURED BY MAINLINE LANE WIDTH (12 LF TYP.).4.

QUANTITIES.

FOR ESTIMATING PURPOSES, SEE TABLE OF JOINT REPAIRS FOR ASSUMED 3.

OF FINAL TOP COURSE (ITEM 402.125103).

JOINT REPAIRS SHALL BE DONE PRIOR TO MILLING (ITEM 490.15) AND APPLICATION2.

SURVEYED BY THE CONTRACTOR (ITEM 625.01) AND REVIEWED BY THE ENGINEER.

JOINTS ALONG THE MAINLINE ROADWAY SHALL BE REPAIRED AT LOCATIONS1.

NOTES:

SEE NOTES 2 AND 5

MATCH EXISTING PAVEMENT SURFACE

ITEM 402.257903

12.5 F1 TOP COURSE HMA, 50 SERIES COMPACTION

SY490.15

BITUMINOUS CONCRETE

PRODUCTION COLD MILLING SURFACE PLANING OF

2'-6" (TYP)

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D26416496

3750 Per DQAB L05/07/09

Page 1 of 1

SPECIAL SPECIFICATIONS


D264164 97

ITEM 203.24010017 - SHOULDER BACKUP MATERIAL

L 01/09/14 Page 1 of 2 Rev. Nov., 2013

DESCRIPTION:

This work shall consist of furnishing, placing, grading, compacting, and trimming shoulder backup material of the type indicated adjacent to shoulders to the lines, grades, and locations indicated in the contract documents or to the lines, grades, and locations directed by the Engineer, in accordance with these specifications and details shown in the plans.

MATERIALS:

General. Except as indicated below, §304-2 shall apply. Where the term “subbase course” is used in that subsection, “shoulder backup material” shall replace it.

Material incorporated into the work need not be stockpiled. The State may test for plasticity, soundness, and gradation at its discretion, or may decide not to test for these properties. Materials incorporated into the work shall consist of uncontaminated materials, free of glass, conforming with these specifications, the contract documents, and the directions of the Engineer.

Unless indicated otherwise in the contract documents, the Contractor may choose the type or types of material to use from the list of types given below. Intermixing of the permitted types, however, will be subject to the approval of the Engineer.

Material that proves to be, or that is determined by the Engineer to be impractical to place, grade, trim or compact as shown in the contract documents or as directed by the Engineer shall not be used.

Type A (Crusher-run, crushed gravel, or crushed stone.) Shoulder backup material of this type shall consist of well graded crusher-run material from a stone quarry or gravel source, or crushed Portland cement concrete. The material shall contain no organic, deleterious, hazardous or toxic material. Gradation shall be subject to the approval of the Engineer, but no material larger than 1 inch in greatest dimension will be allowed. Materials shall not show losses greater than 20% after four cycles of the Magnesium Sulfate Soundness test.

Type B (Subbase Course, Type 2.) Shoulder backup material of this type shall meet the material requirements of Subbase Course, Type 2. The Regional Geotechnical Engineer will examine each proposed source of material for compliance with these specification requirements, and submit an evaluation of the material including any limiting conditions to the Engineer.

Type C (Subbase Course, Type 4.) Shoulder backup material of this type shall meet the material requirements of Subbase Course, Type 4 of the Standard Specifications, except the material furnished shall consist of sand and gravel or a blend of sand and gravel and stone. The Regional Geotechnical Engineer will examine each proposed source of material for compliance with these specification requirements, and submit an evaluation of the material including any limiting conditions to the Engineer.

Type D (Recycled Asphalt Concrete.) Material provided under this option shall consist of uncontaminated recycled asphalt concrete pavement produced on the contract or from other sources as approved by the Engineer. Recycled asphalt concrete pavement shall be substantially free of pieces larger than 4 inches.

Type E (Select Structural or Granular Fill.) Material provided under this option shall consist of material conforming to the soundness, gradation, and pH requirements for Select Structural Fill or Select Granular Fill, except top size shall not exceed that for Type C.

D26416498

ITEM 203.24010017 - SHOULDER BACKUP MATERIAL

L 01/09/14 Page 2 of 2 Rev. Nov., 2013

CONSTRUCTION DETAILS:

The material shall be placed on the grade in a manner to minimize segregation using equipment and procedures approved by the Engineer. Uncontrolled spreading from piles dumped on the grade resulting

in segregation will not be permitted. Maximum loose lift thickness prior to compaction shall be 6 inches. The contractor's compaction methods and equipment shall be approved by the Engineer. After compaction, the finished surface of the compacted material at the shoulder edge shall not extend above the edge of the shoulder nor be more than 0.4 inches below the shoulder. Tolerance elsewhere shall be 1½ inch, except the surface shall be graded to drain at every location.

If the final grade of the material is not in reasonable close conformity to the lines and grades indicated in the contract documents, or to those directed by the Engineer, the material shall be trimmed to achieve reasonably close conformance. Additional material shall be brought in to fill deficiencies, and excess material (trimmings) shall be removed. Trimmings may be incorporated into the shoulder backup work at other locations along the project if such opportunities exist and provided gradation of the resulting material remains in conformance with the gradation requirement for the selected option. When it is not possible to incorporate the trimmings in the shoulder backup work the trimmings shall be disposed of or used elsewhere in the contract in a manner approved by the Engineer.

METHOD OF MEASUREMENT:

Shoulder Backup Material will be measured for payment as the number of tons evidenced by delivery tickets, properly placed, graded, compacted, and trimmed along the edge of shoulder in accordance with these specifications and the directions of the Engineer.

When truck scales are not available within reasonable distance of the source of the material, as determined by the Engineer, the quantity paid for will be determined using conversion factors and the loose volume of shoulder backup material determined by measuring the dump truck bodies. The Contractor shall select the trucks to be used for delivery of the material with the approval of the Engineer. Once the trucks are selected and approved by the Engineer, no other trucks shall be used for delivery of this material. The trucks shall be uniformly loaded to the satisfaction of the Engineer.

Additional material brought in as part of the trimming operation to fill deficiencies will be measured for payment. The quantity of trimmings removed from the shoulder backup operation and not incorporated into the shoulder backup work elsewhere, however, will not be measured for payment under this pay item, and the Engineer will make an appropriate adjustment to the measured quantity.

Unless other conversion factors are indicated in the Contract Documents, the conversion factor will be 0.05tons per cubic foot, loose measure.

BASIS OF PAYMENT:

The unit price bid per ton for Shoulder Backup Material shall include the cost of all labor, materials, and equipment necessary to satisfactorily furnish, place, grade, compact, and trim Shoulder Backup Material.

D264164 99

ITEM 304.11000008 - SUBBASE COURSE (MODIFIED)

Page 1 of 1 Jan 07

Rev. February, 2017

DESCRIPTION:

All the provisions of Section 304 pertaining to Subbase Course, Type 1 shall apply. The

contractor may at their option substitute Subbase Course, Type 2. If Subbase Course, Type 2 is

substituted all the provisions of Section 304 pertaining to Subbase Course, Type 2 shall apply.

D264164100

ITEM 407.01120007 - FOG SEAL

Page 1 of 1 11/2012

DESCRIPTION This work shall consist of fog sealing at the locations indicated in the Contract documents or where directed by the Engineer MATERIALS The asphalt emulsion shall meet the test requirements in Table 702-7 DILUTED TACK COAT. Other materials may be used with the approval of the Director of the Materials Bureau. Testing and certifying fog seal asphalt emulsion by the supplier and sampling of supplied material by Department representative shall be in accordance with the Department’s Materials Method (MM) 702-2 Asphalt Emulsion - Quality Assurance. CONSTRUCTION DETAILS Equipment. Shall meet the requirements detailed in §407-3.01 Equipment. Application of Fog Seal Asphalt Emulsion. The surface shall be blown clean with compressed air just prior to application of fog seal material. This material shall be uniformly applied by a pressure distributor in a method approved by the Engineer. The fog seal asphalt emulsion shall be applied in a manner to offer the least inconvenience to traffic and to reduce pickup or tracking of the asphalt emulsion. Fog seal shall not be applied on a wet pavement surface or when the surface temperature is below 45ºF. The temperature and areas to be treated shall be approved by the Engineer prior to application. The application rate shall be 0.05 to 0.15 gallons per square yard as approved by the Engineer. Refer to contract documents for the application area. Do not apply over existing pavement markings unless directed by the Engineer. METHOD OF MEASUREMENT The quantity to be measured for payment will be the number of gallons of fog seal asphalt emulsion measured at 60ºF to the nearest whole gallon. The following formula will be used to calculate material quantity at 60ºF:

Volume60ºF = VolumeD x [1 - (ΔT x 0.00025)]

ΔT = Delivered Temperature (ºF) - 60 VolumeD = Quantity Delivered (gallons)

BASIS OF PAYMENT The unit price bid per gallon of fog seal shall include the cost of all labor, materials, and equipment necessary to satisfactorily complete the work. Payment will be made under: Item No. Item Pay Unit 407.01120007 Fog Seal Gallon

D264164 101

ITEM 603.98100402 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE – 4 INCH

ITEM 603.98100602 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE – 6 INCH

Revised 2/23/2004 Page 1 of 2

DESCRIPTION The work shall consist of furnishing and installing Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe for drainage in accordance with this specification, the contract plans and Standard Sheet entitled “Installation Details For Corrugated Metal and Structural Plate Pipe and Pipe-Arches”.

MATERIALS The Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe shall conform to the requirements of Subsection 706-12, Smooth Interior Corrugated Polyethylene Pipe, of the Standard Specifications. Underdrain filter materials shall consist of screened gravel, crushed stone, crushed gravel, or crushed slag meeting the requirements of Section 605-2.02 Granular Filter Materials.

End Sections. End sections shall be galvanized steel conforming to Subsection 707-10, Galvanized Steel End Sections, of the Standard Specifications. Metal end sections used with polyethylene pipe shall be sized as follows:

4 inch pipe: No standard galvanized steel end sections available 6 inch pipe: PE Pipe I.D. 6 inch, Wall Thickness 1/2 inch, O.D. 7 inch

Material shall be supplied by a supplier from the approved list.

CONSTRUCTION DETAILS The construction details of §605 shall apply.

In addition:

Excavation. The requirements specified in §206, Trench, Culvert and Structure Excavation, that apply to culverts and storm drains shall govern, except as modified herein. Width of excavation at trench bottom shall be measured as the nominal outside diameter of the pipe plus 12 inch (for 6 inch pipe) or 8 inch (for 4 inch pipe) or as shown on the plans.

Laying Pipe. All pipe shall be laid in reasonably close conformity to line and grade and shall have a full, firm and even bearing at each joint and along the entire length of pipe. Joint misalignment shall not result in offsets, in the interior smooth liner, greater than 1/4 inch. Pipe laying shall begin at the downstream end and progress upstream or as ordered by the Engineer. Any single run of pipe, excluding end sections, shall consist wholly of the same type material unless otherwise directed by the Engineer. In a closed drainage application, the upgrade end of a run need not be capped. End caps shall be used when deemed necessary by the Engineer.

Handling and Assembly of Pipe. All pipe shall be handled, stored and assembled in accordance with the Approved Materials Details except as modified on the plans or by the Engineer’s written order. Two copies of Materials Details shall be provided by the supplier through the Contractor to the Engineer at

D264164102

ITEM 603.98100402 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE – 4 INCH ITEM 603.98100602 - SMOOTH INTERIOR PERFORATED CORRUGATED POLYETHYLENE UNDERDRAIN PIPE – 6 INCH

Page 2 of 2 Revised 2/23/2004

least 10 days prior to shipment of the product to the job site. Joint assembly shall be made with manufactured ends. Field cuts shall be permitted only at the terminal ends and shall result in a minimum pipe length of 3 feet. Joint assemblies shall provide separations no greater than 1/2 inch between adjoining sections of pipe. Lateral connections shall be made with appropriate fittings, supplied by the pipe manufacturer and approved by the Engineer. For basin connections, installations shall be in accordance with the standard sheet entitled “Drainage Structure Details” except that the pipe end shall protrude 2 inches into the basin interior to provide for a 45° battered grout seal. The battered grout seal shall be applied to both interior and exterior faces of the basin. Bedding and Backfilling Pipe. When using Smooth Interior Perforated Corrugated Polyethylene Underdrain pipe, the type of materials to be used in bedding and backfilling shall conform to the provisions of Section 605, Underdrains. Installation shall be in accordance with the Standard Sheet titled “Installation Details for Corrugated Metal and Structural Plate Pipe and Pipe-Arches” and as modified in this specification. The pipe after installation shall have a maximum deflection of 5% of its nominal inside diameter. The Engineer may order the Contractor to perform mandrel testing to determine the 5% specification compliance. Damage. Pipe that is damaged or disturbed through any cause occurring prior to acceptance of the contract, shall be replaced or realigned as directed by the Engineer at the Contractor’s expense. Pipe that is defective from any cause, including damage caused by handling, will be unacceptable for installation and will be replaced as directed by the Engineer at no cost to the State. Pipe with damaged ends may be incorporated into the work at terminal locations and only if the damaged portion is totally removed by the field cut. Repair or replacement of pipe that is disturbed, damaged, or misaligned shall provide the same product as a new pipe installation, as determined by the Engineer. METHOD OF MEASUREMENT The provisions of §605-4 Method of Measurement shall apply. BASIS OF PAYMENT End sections, excavation, granular fill and backfill will be paid for separately under their appropriate items in §203 and §206 as applicable. Payment will be made under:

Item 603.98100402 M Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe, 4 inch Diameter

Item 603.98100602 M Smooth Interior Perforated Corrugated Polyethylene Underdrain Pipe, 6 inch Diameter

D264164 103

ITEM 619.24000004 – NIGHTTIME OPERATIONS (WITH BALLOON LIGHTING REQUIREMENTS FOR MOVING OPERATIONS)

Page 1 of 5

January 2018

DESCRIPTION Under this work the Contractor shall develop a Nighttime Operations and Lighting Plan; furnish, install, operate, maintain, move and remove lighting equipment for construction operations; construct devices and adapt equipment to be compatible with lighting equipment; and furnish nighttime safety apparel and devices as shown in the contract documents and as directed by the Engineer.

MATERIALS None Specified.


Nighttime Operations. Work occurring after sunset and before sunrise will be considered nighttime operations. A nighttime operations meeting shall be held prior to the start of any nighttime operations.

For moving operations, the Contractor shall implement a lighting plan and provide illumination to illuminate nighttime moving operations, including milling, paving, mechanical sweeping, applying tack, asphalt rolling, crack sealing, and crack and seat, by mounting balloon lights to the equipment as the primary source of illumination. The Contractor should maintain traffic in a single lane during nighttime moving operations on freeways. For static operations, the Contractor shall implement a lighting plan and provide illumination through the work areas.

All workers involved in nighttime operations shall wear hard hats and nighttime apparel in accordance with §107-05A. High Visibility Apparel at all times. In addition, where the Contractor implements a mobile lighting plan, the Contractor shall equip workers on foot with a personal active safety system which enhances the visibility of the worker from all directions, such as a powered hardhat light ring or a powered safety vest lighting system, and ANSI Class E gaiters or pants. The Contractor shall provide the Department with the same personal active safety systems and Class E garments for 20 Department individuals. When workers on foot are passing between illuminated work areas, the Contractor shall provide personal headlamps or flashlights producing a minimum of 5 foot candles at the ground to navigate their path.

Vehicles operating on the pavement of a closed roadway or travel lane shall display four-way flashers or rotating amber beacons at all times. Vehicles using headlights, except for rollers and vehicles retrieving channelizing devices, shall travel facing in the same direction as adjacent traffic to avoid glare and confusion to drivers.

A. Nighttime Operations and Lighting Plan. Thirty days prior to the start of nighttime operations,the Contractor shall submit a written Nighttime Operations and Lighting Plan to the Engineer forapproval. The plan shall detail all aspects of the traffic control setup, the functions, responsibilitiesand identities of the nighttime traffic control competent person and other details as necessary. TheContractor shall maintain a supply of emergency flares for use in the event of unanticipatedsituations such as traffic accidents, equipment breakdowns, failure of lighting equipment, etc. Theplan shall include a contingency plan identifying foreseeable problems and emergencies that mayarise, and the approach that will be used to address them. This plan shall be revised and updated bythe Contractor as necessary during the progress of the work to accommodate conditions on thecontract.

D264164104


Page 2 of 5

January 2018

The Nighttime Operations and Lighting Plan shall be submitted to the Engineer at a scale and printed size similar to the contract plans, and appropriate to adequately describe the work, including the following: The general layout of equipment involved in the moving operation, including typical or variable

spacing. Schematic of the equipment-mounted balloon lights and supplemental lights. Listing of the anticipated workforce to be located within the work zone. Internal traffic control plan to coordinate the flow of deliveries, moving equipment, workers, and

vehicles at the worksite to minimize or eliminate vehicles and employees from crossing paths, and how to communicate this plan to all individuals involved.

Specific illuminated areas for cleanout, specific areas for trucks entering and exiting the work area, and how to communicate this plan to the workers and truck drivers prior to arrival on site.

Means to illuminate areas to perform tasks not in the immediate vicinity of the major work. Means to ensure visibility of personnel and equipment involved with the set-up and removal of

work zone traffic control devices. Description and specific technical details on all lighting equipment, including brand names,

model numbers, power rating and photometric data. Details of any hoods, louvers, shields or other means to be used to control glare. Attachment and mounting details for lights to be attached to equipment. Layout showing the location of stationary light towers, including typical spacing, lateral

placement and mounting height.

B. Lighting for Nighttime Operations. Prior to the first night of nighttime operations, the Contractor shall set up and operate the lighting equipment at night as a trial run to demonstrate its ability to establish a safe, properly illuminated, nighttime operation. The Contractor shall furnish the Engineer with a photometer, capable of measuring the level of illumination, for use as necessary to check the adequacy of illumination throughout nighttime operations. The Contractor should have backup lighting equipment available onsite. In the event that any required lighting equipment is no longer operational or available to perform the work, the Contractor shall remove the work zone associated with the operation until the lighting equipment is restored.

1. Equipment. The Contractor shall supply all lighting equipment required to provide a work zone safe for the workers and traffic. Material and/or equipment shall be in good operating condition and in compliance with applicable safety and design codes.

a. Balloon Lights. Balloon lights shall be defined as a commercially available light source inside a translucent material that produces a low-glare, diffuse light. The Contractor shall equip the following equipment in conjunction with nighttime moving operations with balloon lights to sufficiently illuminate the work area and to safely and accurately carryout out the work: all rollers, pavers, mechanical sweepers, milling machines, tack trucks, material transfer devices, crack and seat equipment, and other miscellaneous equipment utilized for the moving operation. There shall be a minimum of one balloon light mounted to each piece of equipment. Pavers and large milling machines shall be equipped with a minimum of two balloon lights. Additional balloon lights shall be required, where obstructions exist, to safely and adequately perform the work. Balloon lighting equipment shall be sufficiently ballasted

D264164 105


Page 3 of 5

January 2018

and durable to withstand the anticipated weather conditions and vibrations from the host equipment. Mountings shall be designed so that light fixtures can be aimed and positioned as necessary to reduce glare and to provide the required illumination. Mounting brackets and fixtures shall not interfere with the equipment operator or any overhead structures or utilities, and shall provide for secure connection of the fixtures with minimal vibration.

b. Light Towers. Light towers shall be provided as a primary means of illumination forstationary operations, and shall provide Level I illumination throughout the work area.Light towers shall be sturdy and free-standing without the aid of guy wires or bracing, andshall be capable of being moved as necessary to keep pace with construction operations.Light towers shall be positioned to minimize the risk of being impacted by traffic on theroadway or by construction traffic or equipment.

c. Construction Equipment Lights. All construction equipment, including rollers,backhoes, loaders, and other equipment operating in areas not illuminated to a minimum ofLevel I Illumination, shall be equipped with a minimum of two 500 watt flood lights facingin each direction to provide a minimum of 1 foot-candle of horizontal illuminationmeasured 60 feet in front of and behind the equipment. In areas illuminated to a minimumof Level I, construction equipment may move unescorted. In non-illuminated areas,construction equipment shall be equipped with conventional vehicle headlights, shall beilluminated with flood lights on the vehicle, or shall be escorted to permit safe movement.Headlights shall not be permitted as the sole means of illumination while working.

d. Equipment Mounting. The Contractor shall provide suitable brackets and hardware tomount lighting fixtures and generators on machines and equipment. Mountings shall bedesigned so that light fixtures can be aimed and positioned as necessary to reduce glare andto provide the required illumination. Mounting brackets and fixtures shall not interfere withthe equipment operator or any overhead structures, and shall provide for secure connectionof the fixtures with minimum vibration.

e. Portable Generators. The Contractor shall provide portable generators to furnish adequatepower to operate all required lighting equipment. Fuel tank capacity and availability of fuelon site shall be sufficient to permit uninterrupted operation throughout the planned shift.Adequate switches shall be provided to control the various lights. All wiring shall beweatherproof and installed in accordance with 29 CFR 1926 Subpart K. All power sourcesshall be equipped with a Ground-Fault Circuit Interrupter.

2. Illumination Requirements. Balloon lights and tower-mounted luminaires, whether fixed,portable, trailer-mounted, or equipment-mounted, shall be of sufficient wattage and/or quantityto provide the required level of illumination and uniformity over the work area whileminimizing glare. The uniformity of illumination, defined as the ratio of the averageillumination to the minimum illumination over an area requiring an indicated illuminationlevel, shall not exceed 5:1. Illumination levels on approach roadways should be increasedsequentially to prevent motorists from becoming disoriented by rapid changes from full dark tovery bright conditions. Existing street and highway lighting shall not eliminate the need for theContractor to provide lighting. Consideration will be given to the amount of illumination

D264164106


Page 4 of 5

January 2018

provided by existing lights in determining the wattage and/or quantity of lights to be provided. Such consideration shall be presented in the Contractor’s lighting plan. In the event of any failure of the lighting system, nighttime operation(s) shall be discontinued until the required level of illumination is restored.

a. Illumination for moving operations. Equipment-mounted balloon lights shall provide illumination to a minimum of 5 foot-candles measured at the work surface for 20 feet from the equipment on sides where workers generally work. Balloon lights shall be located to optimally illuminate the work area, mounted at a minimum height of 10 feet above the ground, and temporarily relocated as necessary to not interfere with overhead obstructions. Other types of equipment-mounted light sources shall be used as supplemental illumination around the equipment, where necessary, to safely and adequately carry out the work. The hopper, auger, and screed areas of pavers shall be uniformly illuminated. The operator’s controls on all machines shall be illuminated. Tack shall be illuminated as it is applied. The Contractor shall provide illumination to a minimum of 5 foot candles at locations where miscellaneous or incidental tasks, such as sawcutting, are performed. The illumination shall be accomplished via flood lights or balloon lights mounted to a truck, cart, or terrain vehicle, tow behind trailer lights, lights on light stands, or other suitable means. No tasks shall be performed without adequate illumination. The Contractor shall furnish adequate illumination for Department construction inspection and quality assurance. The illumination shall be accomplished via flood lights or balloon lights mounted to a truck, cart, or terrain vehicle, tow behind trailer lights, lights on light stands, or other suitable means. The Contractor shall furnish and maintain illumination equipment. The Contractor shall provide a minimum of 10 foot candles in locations where the Department’s representatives will perform tasks such as core drilling, density testing, and concrete testing. b. Level I (5 foot-candles) for static operations. Level I illumination shall be provided for work areas of general construction operations to include all work operations by Contractors personnel, including work zone traffic control set-up and operations, staging, excavation, pavement marking, spoil disposal, landscaping, planting and seeding, layout and measurements ahead of the actual work, borrow areas, spoil areas, and truck cleanout areas. Level I illumination shall be provided near the beginning of lane closure tapers, exit ramps, and at road closures for nighttime work zones, including the setup and removal of the closure tapers. Level I illumination shall be provided continuously through area of concrete placement. c. Level II (10 foot-candles) for static operations. Level II illumination shall be provided for flagging stations and concrete placement and removal operations, including bridge decks. Illumination shall set-up to avoid adverse backlighting, a condition which presents the object indented to be illuminated as a shadow due to a bright light from behind. d. Level III (20 foot-candles) for static operations. Level III illumination shall be provided for pavement or structural crack filling, joint repair, pavement patching and repairs,

D264164 107


Page 5 of 5

January 2018

installation of signal equipment or other electrical/mechanical equipment, and other tasks involving fine details or intricate parts and equipment.

3. Glare Control. All lighting shall be designed, installed, and operated to avoid glare thataffects traffic on the roadway or that causes annoyance or discomfort for residences adjoiningthe roadway. The Contractor shall locate and aim lighting fixtures to provide the required levelof illumination and uniformity in the work zone without the creation of objectionable glare toworkers or motorists.

The Engineer will determine when glare exceeds acceptable levels, either for traffic or for adjoining residences. The Contractor shall provide shields, visors or louvers on luminaires as necessary to reduce objectionable levels of glare. As a minimum, the following requirements shall be met to avoid objectionable glare on roadways open to traffic in either direction: Tower-mounted luminaires shall be aimed either generally parallel or perpendicular to the

roadway. Luminaires shall be aimed such that the angle between the center of the beam axis and the

vertical mounting pole is no greater than 45°. No luminaires shall be permitted that provide a luminous intensity greater than 20,000

candelas at an angle of 72° above the vertical. Except where prevented by overhead utilities or structures, towers shall be extended to their

full working height when in use to reduce glare and provide uniform illumination. Balloon lights shall be mounted at a minimum height of 10 feet.

METHOD OF MEASUREMENT The work under nighttime operations (with balloon lighting requirements during moving operations) will be measured for payment on a lump sum basis.

BASIS OF PAYMENT The provisions of §619-5.01 General shall apply, including the provisions for Non-Payment, Liquidated Damages, and Major Non-Conformance.

The lump sum price bid for nighttime operations shall include all labor, materials and equipment necessary to satisfactorily complete the work, including the cost to adapt equipment and provide power to light sources. Progress payments will be made based on the lump sum price bid as follows: 20 percent when the Nighttime Operations and Lighting Plan has been accepted and satisfactory lighting of nighttime operations has begun; the remaining 80 percent will be paid in progress payments per week of nighttime operations completed. The amount of such weekly payment will be determined by dividing 80 percent of the lump sum amount bid by the number of weeks of nighttime operations in the approved Nighttime Operations and Lighting Plan.

D264164108

ITEM 627.50140008 - CUTTING PAVEMENT

DESCRIPTION:

The contractor shall cut existing asphalt pavement, concrete pavement, asphalt surface course, or asphalt

concrete overlay on concrete pavement at the locations indicated and detailed on the plans and as directed

by the Engineer.

MATERIALS:

None specified.

CONSTRUCTION DETAILS:

Existing pavement and overlay shall be cut perpendicular to the roadway surface along neat lines, and to

the depth indicated on the plans and typical sections, using appropriate equipment. After the pavement

has been cut through, the Contractor may use pry bars, pneumatic tools or other methods, to pry loose the

pavement to be removed from the pavement that is to remain. A pavement breaker may be used to break

up the pavement to be removed after the pavement has been completely cut through and completely free

from the pavement to remain.

When pavement cutting is called for in the Contract documents, if a neat vertical face with minimal

shatter is obtained by performing an adjacent operation (such as milling) which eliminates the need to

perform a separate pavement cutting operation, payment will be made for both the pavement cutting item

and the item for the adjacent operation.

Any existing pavements and curbs not indicated to be removed that are damaged by the contractor's

operations, shall be repaired at no additional cost to the State. Pavement cutting that the contractor

chooses to do for his/her own convenience shall not receive any additional payment from the State.

METHOD OF MEASUREMENT:

The quantity to be measured will be the number of linear feet of pavement cutting satisfactorily

completed.

BASIS OF PAYMENT:

The unit price bid per linear foot of pavement cutting shall include the cost of all labor, materials,

and equipment necessary to satisfactorily complete the work.

Payment for prying, breaking, removal and disposal of cut pavement shall be made through other

appropriate items.

Page 1 Aug. 2013

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ITEM 633.05040008 - CLEAN AND FILL JOINTS AND CRACKS IN ASPHALT CONCRETE PAVEMENT, AND ASPHALT OVERLAY ON CONCRETE PAVEMENT

01/071 of 1

DESCRIPTION: This work shall consist of cleaning and filling joints and cracks in the existing pavement prior to the application of a new course.

MATERIALS: Materials will conform to the following subsections of the Standard Specifications:

Plant Mix Pavements 401 Bituminous Materials 702 Fine Aggregate 703-01Mineral Filler 703-08

CONSTRUCTION DETAILS: Clean all packed dirt, vegetation and extraneous materials from all unsealed and inadequately sealed joints and cracks greater than ½ inch in width to a depth equal to a minimum of twice the width of the joint or crack. With existing asphalt overlays, the material shall be removed to the full depth of the overlay if the overlay depth is less than twice the width of the crack. This includes loose pieces of asphalt between secondary cracks. All spalls and potholes shall be cleaned to sound Asphalt Concrete or Portland Cement Concrete. This work shall be done prior to shimming wheel ruts and/or T&L.

Keep joints, cracks, spalls, and potholes clean until the filling and paving operations are completed.

Complete all stress relieving pavement repairs, transverse joint repairs, and/or blowup repairs, prior to beginning this work.

Fill all cleaned joints, cracks, spalls, and potholes with asphalt concrete meeting the requirements of Item 402.058901, Shim Course F9, Hot Mix Asphalt.

METHOD OF MEASUREMENT: This work will be measured on a lump sum basis for work satisfactorily completed in a manner approved by the Engineer.

BASIS OF PAYMENT: Payment includes the cost of all labor, materials, and equipment necessary to complete the work.

D264164110

ITEM 685.20010004 - WHITE EPOXY TRAFFIC PAINT WITH WHITE WET-

NIGHT REFLECTIVE ELEMENTS - 20 MILS(GROOVED

PAVEMENT METHOD)

ITEM 685.21010004 - YELLOW EPOXY TRAFFIC PAINT WITH YELLOW WET-

NIGHT REFLECTIVE ELEMENTS - 20 MILS (GROOVED

PAVEMENT METHOD)

Page 1 of 5 March 2017

DESCRIPTION

Install grooves at locations where long-line pavement markings will be applied on asphalt or

concrete pavements, at locations given in the contract documents and as directed by the

Engineer, in accordance with this specification. Apply epoxy pavement markings within the

grooves with a combination of wet-night reflective elements and standard glass beads in

accordance to this specification, the contract documents, the MUTCD with the NYS supplement

and as directed by the Engineer.

MATERIALS

White and Yellow Epoxy Reflectorized §727-03

Glass Beads for Pavement Markings §727-05

Wet-Night Reflective Elements:

Meeting the following requirements:

Composed of highly reflective particles having a structural center core surrounded by

high refractive index microcrystalline ceramic beads or glass spheres consisting of

standard glass beads and wet/night visibility beads, providing wet-night and dry retro-

reflectivity

Refractive index of 1.9 minimum

Designed to be applied to epoxy pavement marking paint

Be either clear or yellow tinted as required

Minimum 300 mcd/m²/lux when tested in accordance with ASTM E2177 Bucket method,

test method for measuring wet recovery under standard conditions.

Appearance in Table 1, below or approved equal:

TABLE 1

Product Name Manufacturer/Location

3M Series 70E - White

3M Series 71E - Yellow

3M Traffic Control

Materials Division

Brownwood, TX

VisiMax – White

VisiMax - Yellow

Epolex for Potters Industries LLC

Fort Wayne, IN

Packaging and Shipment. Shipped and packaged in accordance with commercially accepted

standards. Clearly display the name of the product, the name and address of the manufacturer,

the quantity of material, the date of manufacture, and the date of expiration or the shelf life, on

each container or on the shipping invoice.

D264164 111



PAVEMENT METHOD)



PAVEMENT METHOD)


Basis of Approval. Approvals will be based upon independent lab analysis and field testing in

accordance to this specification. Submit independent lab analysis to Director of Materials and

arrange for field testing through the Materials Bureau. If the product passes the requirements of

this specification, it will be added to the Table above.

Basis of Acceptance. Wet-Night Reflective Elements will be accepted based on the products

appearance on the Table 1, above and the manufacturer’s certification that the product meets the

requirements of this specification.

Grooving Equipment:

Meeting the following minimum requirements:

Free-floating cutting or grinding head providing a consistent groove depth over irregular

pavement surfaces.

Diamond blades or heads only.

Capable of producing a final pavement surface that has perpendicular vertical sides and a

smooth, flat bottom free of ridges

Epoxy Paint Application Equipment: Meeting the requirements of §685-3.04 in addition to

the following:

Equipped with individual tanks for the storage of Standard Glass beads for epoxy paint

and Wet-Night Reflective Elements.

Equipped with Individual dispensers for the simultaneous application of Standard Glass

Beads for epoxy paint and Wet-Night Reflective Elements.

Each dispenser capable of applying beads/elements at a minimum rate of 10 lbs/gal of

epoxy resin composition.

Supply the Engineer with two accurate, easily readable gauges with which to verify groove

depth. Provide the gauges no less than one week prior to the anticipated beginning of the

grooving operation. Include the manufacturer’s instructions for the gauges use, if such

instructions are necessary for proper understanding of the gauge’s function.


General

Before any pavement marking work is begun, submit a schedule of operations for approval by

the Engineer. At least five (5) days prior to the start or work, provide the Engineer with the

manufacturer's written instructions for:

Grinding pavement

Applying epoxy paint with wet-night reflective elements including but not be limited to,

material mixing ratios, application rates and temperatures.

Provide and retain an on site manufacturer’s representative to provide guidance regarding the

grooving equipment, construction methods, and oversight of wet-night reflective elements

D264164112



PAVEMENT METHOD)



PAVEMENT METHOD)


application. Retain the services of the manufacturer’s representative until release by the

Engineer.

When grinding and pavement markings operations are carried out under traffic, provide all

necessary flags, markers, signs, etc. in accordance with the MUTCD to maintain and protect

traffic, and to protect marking operations and the markings until thoroughly set as per

manufacturer’s procedures.

Grooving Operation

Do not grind grooves over longitudinal pavement joints. Locate the grooves at least 4 to 5 inches.

away from longitudinal pavement joints when possible.

Install grooves in such a manner as to prevent damage to the surrounding pavement and

pavement joints. Repair all damaged pavement surfaces that result from improper installation,

or installation of grooves in unauthorized areas. Remove and repair damaged pavement surfaces

to meet the pavement condition prior to grinding areas at no additional cost to the State. Groove

edge lines, skip lines and double center lines at the locations specified in the contract documents.

Install a groove of the following dimensions, into the pavement:

Groove Width: Pavement Marking Width plus 1 inch.

5 inches width for 4 inch markings

7 inches width for 6 inch markings

Depth: 0.080 inch ± 0.020 inch

Grind segments in broken lines and dotted lines to provide the specified depth along the entire

specified length of the marking.

Conduct pavement cutting operations and pavement cleaning work in such a manner as to

minimize airborne dust and similar debris and prevent a hazard to workers, motor vehicle

operation, or nuisance to property.

Verify the specified groove depth at the start of the grooving operation and periodically

throughout the operation. Regrind areas where any groove depth measurement does not meet the

minimum specified depth. Repair grooves that exceed the specified maximum to the satisfaction

of the Engineer, at no additional cost to the State. This may include relaying a full width section

of pavement as deemed necessary by the Engineer.

When necessary, establish marking line points at thirty (30) foot intervals throughout the length

of the pavement or as directed by the Engineer.

Wet Saw Blade Operation:

When water is used to cool the saw blades, flush the groove with high pressure water

immediately following the cut to avoid build-up and hardening of the slurry in the groove.

D264164 113



PAVEMENT METHOD)



PAVEMENT METHOD)


Allow the surface to dry, to satisfaction of the Engineer, before application of any pavement

markings. If the Engineer determines that the groove surfaces have become contaminated during

the dry time, it must be cleaned again as per this specification.

Dry Saw Blade Operation:

After grooving with dry saw blades, immediately vacuum all debris and dust from the recess.

Collect all debris resulting from the pavement cutting operation, by vacuuming the pavement cut

and adjacent pavement surface.

Disposal of Waste Material:

Remove and collect debris resulting from the grooving/grinding operation prior to opening the

roadway to traffic and prior to the application of a surface preparation adhesive. Dispose of

collected debris in accordance with §107-10 Managing Surplus Material and Waste.

Allow the surface to dry before application of any pavement markings when using water or other

lubricants for grinding or cleaning the grooves, allow the surface to dry to the satisfaction of the

Engineer before application of any pavement markings. If the Engineer determines that the

groove surfaces become contaminated during the dry time, it must be cleaned again as per this

specification.

Epoxy Paint Application

Prepare surfaces and apply epoxy paint in accordance to §685 and this specification.

Atmospheric Conditions: In accordance to §685-3.02.

Surface Preparation: In accordance to §685-3.03 and this specification.

Clean the groove by air blasting to remove all loose residue. Include power brooming or manual

brooming, if necessary, to remove all loose residue from the groove. Make sure all pavement

surfaces are free of oil, dirt, dust, grease, salt, and similar foreign materials at the time of

application. The cost of cleaning these contaminants is included in the bid price of this item. If

water blasting is used, allow the surface to thoroughly dry to the satisfaction of the Engineer,

before application of any epoxy paint.

Application of Epoxy Reflectorized Pavement Markings: In accordance to §685-3.05 and this

specification.

Apply the epoxy reflectorized pavement markings within the grooves as centered as possible, at

the width, thickness, and pattern designated in the Contract Documents. Do not begin marking

operations until applicable surface preparation work is completed and approved by the Engineer,

and the atmospheric conditions are acceptable to the Engineer.

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PAVEMENT METHOD)



PAVEMENT METHOD)


Apply standard glass beads for epoxy paint at a rate of 10 pounds per gallon and wet-

night reflective elements at a rate based on the manufacturer’s recommendations (10

pounds per gallon minimum), to the hot epoxy paint using a double drop system.

Defective Epoxy Pavement Markings

Repair defective markings, as determined by the Engineer and at no additional cost to the State,

in accordance to §685-3.06.

METHOD OF MEASUREMENT

The Engineer will measure the length in feet of grooves satisfactorily installed. The Engineer

will measure grooves with a plan width greater than the standard 4 in. using the following

method:

Plan Width of Groove (inches) x Feet

4 inches

Epoxy paint striping will be measured in feet along the centerline of the pavement stripe and will

be based on a 4-in wide stripe. Measurement for striping with a width greater than the basic 4

inches, as shown on the plans or directed by the Engineer will be made by the following method:

Plan Width of Stripe (inches) x Feet

4 inches

BASIS OF PAYMENT The unit bid price, shall include all labor, materials, and equipment to complete the work

including the cost of grooving, cleaning and waste disposal associated with the preparation,

installation and application of epoxy paint with standard glass beads and wet-night reflective

elements.

D264164 115

ITEM 691.03000020 – TRAINING REQUIREMENTS

EI 06-018 Page 1 of 8 USC 03/9/2009

DESCRIPTION This item of work shall consist of the meaningful and effective training of one or more apprentices/trainees leading to their qualification as journeyworkers in trades for the highway construction industry. The statutory authority for training requirements is described in §102-11 Equal Employment Opportunity Requirements. This specification establishes the specific requirements for a Contractor to provide training pursuant to 23 CFR 230.111 as part of Equal Employment Opportunity responsibilities. This specification, with referenced Standard Specifications, constitutes “Training Special Provisions” (TSP) pursuant to 23 CFR 230.111. The TSP supercedes any conflicting portions of Form FHWA 1273 Required Contract Provisions, Federal Aid Construction Contracts found in contract proposals.

MATERIALS None Specified.


GENERAL. The objective of these training requirements is to provide training opportunities to minorities, women and disadvantaged persons for the following reasons:

1. To address the current under-representation of minorities and women in skilled trades, and;2. To maintain a pool of qualified minorities, women and disadvantaged persons to compete for

those journeyworker positions which are created as others leave the workforce.

Disadvantaged means a person who is either a) a member of a family that receives public assistance, or b) a member of a family whose income during the previous six (6) months, on an annualized basis, was such that the family qualified for public assistance, or whose income was at or below either the poverty level or 70% of the lower living standard income (LLSI) level for the person’s county of residence.

The Contractor shall make every effort to recruit and hire minority, women and disadvantaged apprentices/trainees to the extent that such persons are available within a reasonable area of recruitment. Such training commitment is not intended to, and shall not be used to, discriminate against any applicant for training, whether a member of a minority group or not. Apprentices/trainees shall be employed and offered meaningful and effective training opportunities. Meaningful and effective training is defined as occurring when contract work provides a realistic and practical opportunity of reasonable duration for the apprentice/trainee to complete elements of the apprenticeship/OJT program in order to achieve journeyworker status.

TRAINING PROGRAMS. In accordance with §102-10D Training, an apprentice is defined as an individual who is enrolled in an apprenticeship training program that is registered with the NYS Department of Labor, and a trainee is defined as an individual who is enrolled in an On-the-Job Training (OJT) program that is approved by the Federal Highway Administration (FHWA). NYSDOT administers the trainee training programs.

Although the terms apprentices and trainees are generally used interchangeably in this specification, in Regions 1, 2, 3, 4, 5, 8, 10 and 11, the Department will only approve the use of apprentices and apprenticeship training programs, where available, in fulfillment of these requirements. In Regions 6, 7 and 9, the Department will approve the use of either apprenticeship or FHWA approved OJT trainee programs.

Prospective bidders can obtain additional information about apprentice programs from the Director of Apprenticeship Training Programs, NYS Department of Labor, State Office Building Campus, Building 12, Rm 436, Albany, NY 12240 ; (518) 457-6820; fax (518) 457-7154; [email protected].

D264164116


EI 06-018 Page 2 of 8 USC 03/9/2009

Approval to use a training program shall be obtained from the Department prior to commencing work involving the trade(s) covered by the program.

APPRENTICES/TRAINEES. Recruitment. The Contractor shall decide who is hired as an apprentice/trainee. Such apprentice/trainee shall be enrolled in a registered apprenticeship or OJT program approved by the Department and satisfy the requirements under Work History.

Prior to engaging in the recruitment of new apprentice/trainees, the Contractor shall employ apprentices/trainees who are partially trained, if available, in order to facilitate completion of their apprenticeship/OJT program. Training and upgrading of minorities and women toward journeyworker status is a primary objective of the TSP requirements.

The Contractor shall make every effort to enroll minority and women apprentice/trainees (e.g., by conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentice/trainees, such as the Department’s OJT supportive services program) to the extent that such persons are available within a reasonable area of recruitment. The Contractor will be responsible for demonstrating the steps that have been taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with the TSP requirements.

Work History. The Contractor shall not propose or use any person under this item if such person has successfully completed a training program providing journeyworker status in the same trade or work classification as will be used for training under this contract. The Contractor shall not use or propose a person who has been gainfully employed as a journeyworker in that trade by virtue of informal on-the-job training or otherwise. The Contractor shall ascertain, before training a person and before requesting payment therefore, whether the person qualifies. The Contractor shall include appropriate questions on employee application forms and shall check the personal references of an applicant for a position in order to ensure that the person is qualified for training. The Contractor shall maintain records of these findings and provide them to the Department upon request.

Termination. An apprentice/trainee may be terminated at any time during training for: excessive absenteeism; lack of punctuality; accident-proneness; lack of interest; poor attitude; and continued failure to behave in a business-like manner. However, termination will not occur without: 1. Documented counseling by the Contractor's Trainer about the reason(s) for termination; and2. Documented efforts by the Contractor's Trainer to resolve the problem; and3. Documented notification to the Engineer and Regional Compliance Specialist about the problem; and4. Written notification of intent to terminate to the Engineer and the Regional Compliance Specialist

stating the reason(s) therefore; and5. An opportunity for Department representatives to discuss the impending termination with the

Contractor in order to ensure compliance with Steps 1 through 4 above.

REQUIRED TRAINING EFFORT.

CHART A NUMBER OF APPRENTICE/TRAINEE FTEs REQUIRED

Contract Bid Amount AA Component RGN Component Total (AA + RGN) < $15M 1 1 2

$15M to < $30M 2 2 4 ≥ $30M 3 3 6

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EI 06-018 Page 3 of 8 USC 03/9/2009

Full-Time Equivalents (FTEs). The number of apprentice/trainee full-time equivalents (FTEs) the Contractor is required to train is identified in Chart A. For the purposes of this specification, FTEs are used to designate the desired and expected level of training effort, in terms of full-time workers employed for the duration of the contract. Although the value of one FTE is not fixed, a general estimation of expected effort is approximately 1,000+ hours of work per construction season for upstate Regions and 2,000+ hours of work per construction season for downstate Regions. One FTE could be achieved with one individual working for the contract duration or with multiple individuals working full-time on a daily basis for portions of the contract duration so long as they are collectively employed for the equivalent amount of time as one full-time employee working for the entire duration of the contract. Accordingly, the Contractor may propose a different number of trainees/apprentices and a different duration of their training activities to achieve the required number of FTEs, but the proposal is subject to the approval of the Department. Affirmative Action (AA) Component. The affirmative action (AA) component identifies locations and trades with programmatic under-representation of minorities and/or females as journeyworkers. The Contractor shall provide the appropriate number of apprentices/trainees FTEs to fulfill the affirmative action (AA) requirements of this specification in the specified trade(s) and classification(s) (minority or female). The number of AA apprentice/trainee FTEs required are identified in Chart A and the required trade/classification targets for each NYSDOT Region are identified in Chart B.

CHART B AFFIRMATIVE ACTION TARGETS

TRADE NYSDOT REGION 1 1 2 3 4 5 6 7 8 9 10 11

Laborer (Female) Laborer (Minority)

Equip. Operator (Female) Equip. Operator (Minority)

Iron Worker (Female) Iron Worker (Minority) Carpenter (Female) Carpenter (Minority)

Mason (Female) Mason (Minority) Painter (Female) Painter (Minority)

Electrician (Female) Electrician (Minority)

Race/Gender Neutral (RGN) Component. The Contractor shall also provide the appropriate number of apprentices/trainees FTEs to fulfill the race/gender neutral (RGN) requirements in accordance with Chart A. The RGN component allows the Contractor to hire apprentices without imposed race, gender or specific trade requirements. Training shall be provided to anyone (minorities/non-minorities, males/females, and disadvantaged/non-disadvantaged persons) at the Contractor’s discretion.

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EI 06-018 Page 4 of 8 USC 03/9/2009

Although trades are not designated for the RGN apprentices/trainees, training should be provided in the construction trades rather than in clerical/administrative positions. Training is permissible, by Department authorized exception only, in lower level management positions such as office engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. On a voluntary basis, the Contractor has the option to help address areas with programmatic under-representations, by hiring the RGN apprentices/trainees to the designated areas outlined in Chart B – Affirmative Action Targets. Implementation and Distribution. The number of apprentices/trainees FTEs shall be distributed among the trades based upon the AA component requirements, maximum opportunity for work, required journeyworker/apprentice ratios outlined in the prevailing wage rate schedule, distribution of multiple persons among multiple trades, the Contractor’s needs and the availability of apprentices/trainees within a reasonable area of recruitment. When multiple apprentices/trainees are required, effort shall be made to hire apprentices/trainees whom are at a variety of different stages in their training programs (first year, third year, etc.) Where feasible, 25 percent of apprentices/trainees shall be in their first year of apprenticeship or training. The Contractor may allow apprentices/trainees to be trained by a subcontractor. However, the Contractor retains the primary responsibility to meet the TSP requirements and compensation is the same.

Compliance. A Contractor will have fulfilled the primary responsibilities under this Training Special Provision if acceptable training is provided to the number of apprentice/trainee FTEs specified or good faith efforts to attempt to provide the required training is demonstrated consistently throughout the duration of the contract. Training Coordinator. The Contractor shall designate one individual who will function as the training coordinator and act as the contact person for training related concerns. The training coordinator should be someone that has regular dealings and familiarity with the actual training direction and guidance being provided. As conditions and apprentices/trainees may change throughout the duration of the contract, notify the Department if at any point a new training coordinator is designated. TSP PROCESS. Prior to Letting. Bidders are advised that there are a number of procedural steps in the approval of a training (apprenticeship or OJT) program, including preparation of an application, review, and resolution of questions and comments. Approval of a training program is not guaranteed, and may take 30 to 60 days. It is highly recommended to have an approved apprenticeship or OJT trainee program prior to bidding. Within 7 Days After Letting. As a requirement of the contract award process, the apparent low bidder shall submit a TSP Letter to the Department within 7 work days after letting, signed and dated by an authorized company officer. A recommended form, which includes the mailing address, for the TSP Letter is available from the Department’s website at: https://www.nysdot.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/civil-rights The minimum content requirements for the TSP Letter include:

• A statement acknowledging the TSP requirements and a pledge to make every effort to meet them • Recognition of the number of apprentices required under the AA component, under the RGN

component, and the total • Recognition of the Region–specific affirmative action apprentice/trainee targets by trade and

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EI 06-018 Page 5 of 8 USC 03/9/2009

candidate classification (ex., female equipment operators, minority electricians, etc.) • Identification of how the TSP requirements will be met (ex., union-sponsored apprentice

program, contractor-sponsored apprentice program or OJT program)• Status of program/application (if pending, attach a copy of the letter from NYSDOL verifying

receipt of the application, for Department verification and consultation with NYSDOL.)• Contact information: contact person, telephone number, E-mail address and mailing address.

At the Pre-Construction Meeting. The Contractor shall submit a conceptual plan for how they will fulfill the training requirements on the contract. They shall identify anticipated contract work suitable for apprentices/trainees, any timeline/scheduling issues, anticipated sources for apprentices/trainees, steps taken to date to comply with the training requirements, and how they will address the development of a training plan for each apprentice/trainee.

Within 90 Days of Award. The Contractor shall submit a formalized training plan for each of the apprentices/trainees. All coordination with the Engineer and the Regional Compliance Specialist (RCS) regarding the training plan should be completed at this point. The training plan may be adjusted throughout the duration of the contract as necessary. Written requests to submit the plan, or portions of the plan, at a specified latter date will be considered depending on the reason for the request. The cost estimate shall be submitted within 90 calendar days of the contract award date regardless of whether or not the training plan is allowed to be submitted at a latter date.

The minimum content requirements for the training plan(s) include: • Name of the apprentice/trainee, trade, starting level (i.e., year of apprenticeship) and which TSP

requirement (AA or RGN) the candidate is fulfilling.• Apprentice/trainee projected start date, projected end date and the reason for ending the training

(e.g., training program completed, no remaining training opportunities, contract completion, etc.).• An outline of the training program requirements the candidate has already completed and the

requirements which the candidate still has left to complete. Provide the associated number ofhours for each requirement. List classroom and on-site training requirements separately.

• Total number of on-site (non-classroom) hours left to complete the training program.• Projection of the hours and components of the remaining training program requirements which

the candidate will be able to accomplish on the contract.• A cost estimate for compensation which shows how the amount was calculated.• Any known outside factors that might affect the training plan, such as if the apprentice/trainee

will be working on other contracts or there may be time constraints of the apprentice (ex., plannedfuture reassignment, leave to attending school, moving/relocating, etc.).

• Copies of the NYSDOL Form AT 14 (blue book), or acceptable equivalent, for each apprenticeshall be made available.

• A copy of NYSDOL form AT 401 – Apprenticeship Agreement/Documentation Form.

Monthly Training Progress Report. The Contractor shall submit Form AAP 26 - Monthly Training Progress Report whenever an apprentice/trainee employed pursuant to this item begins work on a contract and monthly thereafter. In addition to each Monthly Training Progress Report, the Contractor shall provide the Engineer a summary of hours required to complete the various work elements of the training program, hours completed this period, and hours completed to date. This summary shall be provided in sufficient detail to allow the Engineer to determine whether the hours in the previous period are qualified hours under this pay item.

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EI 06-018 Page 6 of 8 USC 03/9/2009

Periodic Auditing / End of Service. Periodically copies of the training program and the NYSDOL Form AT 14 (blue book) may be required for auditing purposes and verification of the training. Whenever an apprentice/trainee ceases to be employed on a contract, a copy of their NYSDOL Form AT 14 (blue book) shall be provided.

WAIVER REQUEST. A request for a waiver of all or a portion of the TSP requirements may be submitted based on unusual circumstances which make the TSP requirements impractical or unduly burdensome to complete. The TSP requirements may be reduced or completely waived if the Contractor can clearly present a case for the TSP waiver (ex., no reasonable training opportunities will exist, lack of available apprentices/trainees, lack of available work for apprentices/trainees based on apprentice-to-journeyworker ratio restrictions). A TSP waiver request may be submitted at any point in the process after the contract letting date.

TSP waiver requests made within 7 work days after contract letting may be submitted in lieu of the TSP Letter. The TSP waiver request should provide a detailed explanation for the request, steps taken to try to comply, and contact person information (name, telephone number, E-mail address).

If the TSP waiver request is for elimination of all apprentice/trainee requirements and the TSP waiver is approved, no further TSP submissions are required. If the TSP waiver request is for a reduction or an alteration to the requirements and it is approved the Contractor shall submit a TSP Letter with the authorized revisions within 3 work days of notification of the TSP waiver request being approved. In the event that a TSP waiver request is not approved, the Contractor shall submit a TSP Letter within 3 work days of notification of the TSP waiver request being declined.

The pre-award review of the TSP waiver request will focus on the apparent low bidder’s good faith efforts to comply with these requirements, and will not eliminate the detailed review process of the contractor’s workforce planning efforts and TSP compliance efforts after contract award.

TSP waivers are not necessarily permanent, particularly if based on available workforce reasons. Throughout the contract duration, the Contractor shall continue to try to meet the original requirements under this pay item. Whenever there are changes in the construction schedule, scope of work, availability of apprentices/trainees, or any other factor that might affect the ability to hire apprentices/trainees to reasonable training opportunities, any TSP waivers shall be reevaluated. The Contractor is required to bring any such factors to the attention of the Department in a timely manner.

TRAINING DURATION. Start-Up. An apprentice/trainee shall begin training as soon as feasible in trade related work and remain on the contract as long as training opportunities exist in the trade, until completion of the training program or until completion of the contract.

After approval of an apprentice/trainee, the individual shall be employed in the designated trade in accordance with the currently approved Form AAP 35 Workforce Participation Plan to the extent that training opportunities exist in the contract work. At the time an apprentice/trainee reports to the Contractor for training under this item, the Training Coordinator shall notify the Engineer to ensure that appropriate records are kept.

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Throughout Contract Duration. The Contractor is expected to provide maximum opportunity to the apprentice/trainee for completion of their apprenticeship/OJT program. The Contractor shall monitor the apprentice/trainee's progress, paying particular attention to completion of work elements within the training program. When a work element of the training program is completed, the Contractor shall rotate the apprentice/trainee to other work processes to the extent that training opportunities exist. Should no such training opportunities exist, the apprentice/trainee may continue to work as long as there is work. However any work not in the training program or beyond the number of hours indicated in the training program for each work element will not qualify for payment under this pay item. This continued work will not make the apprentice/trainee ineligible for continued future training in the trade.

Retention. The Contractor is expected to retain, as a journeyworker, an apprentice/trainee that completes their training program and attains journeyworker status prior to contract completion, provided there is contract work remaining. Continued work by a journeyworker will not qualify for payment under this item. Maintaining Compliance with the FTE Requirement. The Contactor is responsible for maintaining compliance with the required number of apprentice/trainee FTEs for the duration of the contract. If the number of employed TSP apprentice/trainee FTEs falls below the required number (e.g., apprentice/trainee attains journeyworker status, leave the contract, etc.) and there are substantial training opportunities remaining, the Contractor is required to make every effort to recruit and hire additional apprentices/trainees. Although, consideration to waive the remaining training requirements will be given when there is limited contract work remaining or when, due to the retention of TSP apprentices/trainees who have reached journeyworker status, available employment opportunities are limited.

If at any point during the contract the amount of training being accomplished is significantly below the projected amount stated in the training plan(s), the Contractor is required to adjust their training efforts such that the approved number of hours of training in the training plan(s) is achieved by contract completion.

COMPENSATION. This specification provides for partial compensation to the contractor towards the cost of managing and operating the training program(s). Compensation is not intended as reimbursement towards the apprentices’ wages, but rather as general compensation for administrating the training program along with the loss of productivity on the behalf of the journeyworker(s) providing the training, guidance and supervision.

A combined negotiated amount for partial compensation of all the TSP apprenticeship/OJT programs will be added to the contract by order-on-contract. During the contract duration, revisions to the training plan(s) can be submitted. If a revised training plan, including the cost estimate, is approved then the previously negotiated amount can be adjusted by order-on-contract.

The Contractor shall attach to each Form AAP 26 Monthly Training Progress Report, a monthly summary of hours of qualifying training for each apprentice/trainee that shows the number of hours trained each day of the progress period by training program work element.

Only training hours verified and approved of by the Engineer or his designee will be considered as qualifying training. Any hours of work performed which are not in the training program or are beyond the number of hours indicated for each work element in the training program will not qualify for payment under this pay item. Off-site training or training performed at other work sites does not qualify for compensation. Classroom training hours do not qualify for compensation.

D264164122


EI 06-018 Page 8 of 8 USC 03/9/2009

The total verified hours of training provided during the month will be used to determine the monthly payment due. Regardless of the amount approved for the pay item, payments will be made only for the number qualifying hours of training accomplished.

Payment for training under the affirmative action component of this specification is contingent upon the Contractor fulfilling or demonstrating satisfactory good faith efforts to fulfill the corresponding equal employment opportunity (EEO) goals in accordance with §102-11 Equal Employment Opportunity Requirements. [Example Situation #1 - For contracts with a minority EEO goal and a female EEO goal: If achieve the minority EEO goal but not the female EEO goal, then compensation may still be allowed for a minority TSP AA apprentice/trainee but not for a female TSP AA apprentice/trainee. Example Situation #2 - For contracts with trade specific minority/female EEO goals (i.e., applicable in New York City): Ifachieve the minority equipment operator EEO goal but not the minority iron worker EEO goal, thencompensation may still be allowed for a minority equipment operator TSP AA apprentice/trainee but notfor a minority iron worker TSP AA apprentice/trainee.]

Any apprentices/trainees hired towards attempting to attain fulfillment of the EEO goals do not qualify for payment under this specification nor are they considered as TSP apprentices/trainees (i.e., still required to hire additional apprentices/trainees under this specification’s requirements).

Payment for training under the race/gender neutral component of this specification is contingent upon the Contractor fulfilling or demonstrating satisfactory good faith efforts to fulfill all of the equal employment opportunity (EEO) goals in accordance with §102-11 Equal Employment Opportunity Requirements and fulfilling or demonstrating satisfactory good faith efforts to fulfill the affirmative action component.

METHOD OF MEASUREMENT This work will be measured on a Dollars-Cents basis. The amount shown in the proposal is not to be altered in any manner by the bidder. Should the bidder alter the amount shown, the altered figure will be disregarded, and the original price will be used to determine the total amount bid.

BASIS OF PAYMENT Compensation towards the training program for each apprentice/trainee will be made as such:

= (0.35) x (Base Journeyworker Prevailing Wage Rate) x (Hours of Qualifying Training Accomplished)

No adjustments to the base rate shall be allowed, such as for: fringes/supplemental benefits, premium rates (overtime, holiday, etc.), worker’s compensation insurance, FICA, state or federal unemployment insurance, commercial general liability (CGL) insurance, etc. When determining compensation, use the prevailing wage rate that was current at the time the training was provided.

Qualified training time will include only verified training properly completed and accounted for, including only those hours the apprentice/trainee is actually receiving on-site training in the work elements included in his/her approved apprenticeship/OJT program. Off-site or related classroom training will not be considered as qualifying training time under this item.

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4000 Page 1 of 1 Per DQAB L05/07/09

PREVAILING WAGE RATES


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D264164190

STATE PREVAILING WAGE RATES

4025 Page 1 of 1 EB 06-035 L 01/06/11 9/15/11

The New York State Department of Labor (NYSDOL) has issued a project-specific prevailing wage rate schedule for this Contract. The New York State Labor Law requires the Contractor and all subcontractors to ensure that all workers employed in the performance of a public work contract are paid not less than the prevailing wage rate and supplemental (fringe) benefits in the locality where the work is performed.

The project-specific prevailing wage rate schedule, together with all updates and amendments, is incorporated by reference in this Contract, and made a part hereof, as though fully set forth herein. The schedule may be accessed by visiting the NYSDOL website, navigating to the appropriate web page for prevailing wages, and entering the Prevailing Rate Case Number (PRC#). The PRC# is found on NYSDOL Form PW-200, the following page in this Contract Proposal. The project-specific prevailing wage rate schedule and all wage rate amendments are annexed electronically through the following link:

www.labor.ny.gov

It is the obligation of the Contractor and all subcontractors to obtain all updated prevailing wage rate schedules and to pay all workers in accordance with the periodic wage rate schedule updates issued by the NYSDOL. Any changes or clarifications of labor classifications, and information on the applicability of particular prevailing wage rates, must be obtained from the Office of the Director of the Bureau of Public Work at the New York State Department of Labor.

D264164 191

PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT

Attached is the current schedule(s) of the prevailing wage rates and prevailing hourlysupplements for the project referenced above. A unique Prevailing Wage Case Number(PRC#) has been assigned to the schedule(s) for your project.

The schedule is effective from July 2019 through June 2020. All updates, corrections, postedon the 1st business day of each month, and future copies of the annual determination areavailable on the Department's website www.labor.ny.gov. Updated PDF copies of yourschedule can be accessed by entering your assigned PRC# at the proper location on thewebsite.

It is the responsibility of the contracting agency or its agent to annex and make part, theattached schedule, to the specifications for this project, when it is advertised for bids and /orto forward said schedules to the successful bidder(s), immediately upon receipt, in order toinsure the proper payment of wages.

Please refer to the "General Provisions of Laws Covering Workers on Public WorkContracts" provided with this schedule, for the specific details relating to otherresponsibilities of the Department of Jurisdiction.

Upon completion or cancellation of this project, enter the required information and mail ORfax this form to the office shown at the bottom of this notice, OR fill out the electronicversion via the NYSDOL website.

NOTICE OF COMPLETION / CANCELLATION OF PROJECT

Date Completed: Date Cancelled:

Name & Title of Representative:

Phone: (518) 457-5589 Fax: (518) 485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240

www.labor.ny.gov. PW 200 [email protected]

Andrew M. Cuomo, Governor Roberta Reardon, Commissioner

NYSDOT

NEIL SERGOTT, DQAB PS&E UNITNYSDOTPOD 2350 WOLF ROADALBANY NY 12232

Schedule Year 2019 through 2020Date Requested 11/18/2019PRC# 2019014595

Location DUTCHESS, PUTNAMProject ID# D264164Project Type RESURFACING BETWEEN TSP AND BOWEN RD

D264164192

https://www.labor.ny.gov/home/




General Provisions of Laws Covering Workers on Article 8 Public Work Contracts

Introduction

The Labor Law requires public work contractors and subcontractors to pay laborers, workers, or mechanics employed inthe performance of a public work contract not less than the prevailing rate of wage and supplements (fringe benefits) in thelocality where the work is performed.

Responsibilities of the Department of Jurisdiction

A Department of Jurisdiction (Contracting Agency) includes a state department, agency, board or commission: a county,city, town or village; a school district, board of education or board of cooperative educational services; a sewer, water, fire,improvement and other district corporation; a public benefit corporation; and a public authority awarding a public workcontract.

The Department of Jurisdiction (Contracting Agency) awarding a public work contract MUST obtain a Prevailing RateSchedule listing the hourly rates of wages and supplements due the workers to be employed on a public work project.This schedule may be obtained by completing and forwarding a "Request for wage and Supplement Information" form (PW39) to the Bureau of Public Work. The Prevailing Rate Schedule MUST be included in the specifications for the contract tobe awarded and is deemed part of the public work contract.

Upon the awarding of the contract, the law requires that the Department of Jurisdiction (Contracting Agency) furnish thefollowing information to the Bureau: the name and address of the contractor, the date the contract was let and theapproximate dollar value of the contract. To facilitate compliance with this provision of the Labor Law, a copy of theDepartment's "Notice of Contract Award" form (PW 16) is provided with the original Prevailing Rate Schedule.

The Department of Jurisdiction (Contracting Agency) is required to notify the Bureau of the completion or cancellation ofany public work project. The Department's PW 200 form is provided for that purpose.

Both the PW 16 and PW 200 forms are available for completion online.

Hours

No laborer, worker, or mechanic in the employ of a contractor or subcontractor engaged in the performance of any publicwork project shall be permitted to work more than eight hours in any day or more than five days in any week, except incases of extraordinary emergency. The contractor and the Department of Jurisdiction (Contracting Agency) may apply tothe Bureau of Public Work for a dispensation permitting workers to work additional hours or days per week on a particularpublic work project.

There are very few exceptions to this rule. Complete information regarding these exceptions is available on the "4 Day /10 Hour Work Schedule" form (PW 30.1).

Wages and Supplements

The wages and supplements to be paid and/or provided to laborers, workers, and mechanics employed on a public workproject shall be not less than those listed in the current Prevailing Rate Schedule for the locality where the work isperformed. If a prime contractor on a public work project has not been provided with a Prevailing Rate Schedule, thecontractor must notify the Department of Jurisdiction (Contracting Agency) who in turn must request an original PrevailingRate Schedule form the Bureau of Public Work. Requests may be submitted by: mail to NYSDOL, Bureau of Public Work,State Office Bldg. Campus, Bldg. 12, Rm. 130, Albany, NY 12240; Fax to Bureau of Public Work (518) 485-1870; orelectronically at the NYSDOL website www.labor.ny.gov.

Upon receiving the original schedule, the Department of Jurisdiction (Contracting Agency) is REQUIRED to providecomplete copies to all prime contractors who in turn MUST, by law, provide copies of all applicable county schedules toeach subcontractor and obtain from each subcontractor, an affidavit certifying such schedules were received. If the originalschedule expired, the contractor may obtain a copy of the new annual determination from the NYSDOL websitewww.labor.ny.gov.

The Commissioner of Labor makes an annual determination of the prevailing rates. This determination is in effect fromJuly 1st through June 30th of the following year. The annual determination is available on the NYSDOL websitewww.labor.ny.gov.

Payrolls and Payroll Records

Every contractor and subcontractor MUST keep original payrolls or transcripts subscribed and affirmed as true underpenalty of perjury. Payrolls must be maintained for at least three (3) years from the project's date of completion. At aminimum, payrolls must show the following information for each person employed on a public work project: Name,Address, Last 4 Digits of Social Security Number, Classification(s) in which the worker was employed, Hourly wage rate(s)paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification.

D264164 193

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt

https://apps.labor.ny.gov/wpp/showFindProject.do?method=showIt

https://labor.ny.gov/workerprotection/publicwork/PWFormsOnWeb.shtm










The filing of payrolls to the Department of Jurisdiction is a condition of payment.Every contractor and subcontractor shallsubmit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuance of its first payroll andevery thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty ofperjury. The Department of Jurisdiction (Contracting Agency) shall collect, review for facial validity, and maintain suchpayrolls.

In addition, the Commissioner of Labor may require contractors to furnish, with ten (10) days of a request, payroll recordssworn to as their validity and accuracy for public work and private work. Payroll records include, by are not limited to timecards, work description sheets, proof that supplements were provided, cancelled payroll checks and payrolls. Failure toprovide the requested information within the allotted ten (10) days will result in the withholding of up to 25% of thecontract, not to exceed $100,000.00. If the contractor or subcontractor does not maintain a place of business in New YorkState and the amount of the contract exceeds $25,000.00, payroll records and certifications must be kept on the projectworksite.

The prime contractor is responsible for any underpayments of prevailing wages or supplements by any subcontractor.

All contractors or their subcontractors shall provide to their subcontractors a copy of the Prevailing Rate Schedulespecified in the public work contract as well as any subsequently issued schedules. A failure to provide these schedulesby a contractor or subcontractor is a violation of Article 8, Section 220-a of the Labor Law.

All subcontractors engaged by a public work project contractor or its subcontractor, upon receipt of the original scheduleand any subsequently issued schedules, shall provide to such contractor a verified statement attesting that thesubcontractor has received the Prevailing Rate Schedule and will pay or provide the applicable rates of wages andsupplements specified therein. (See NYS Labor Laws, Article 8 . Section 220-a).

Determination of Prevailing Wage and Supplement Rate Updates Applicable to All Counties

The wages and supplements contained in the annual determination become effective July 1st whether or not the newdetermination has been received by a given contractor. Care should be taken to review the rates for obvious errors. Anycorrections should be brought to the Department's attention immediately. It is the responsibility of the public workcontractor to use the proper rates. If there is a question on the proper classification to be used, please call the districtoffice located nearest the project. Any errors in the annual determination will be corrected and posted to the NYSDOLwebsite on the first business day of each month. Contractors are responsible for paying these updated rates as well,retroactive to July 1st.

When you review the schedule for a particular occupation, your attention should be directed to the dates above thecolumn of rates. These are the dates for which a given set of rates is effective. To the extent possible, the Departmentposts rates in its possession that cover periods of time beyond the July 1st to June 30th time frame covered by aparticular annual determination. Rates that extend beyond that instant time period are informational ONLY and may beupdated in future annual determinations that actually cover the then appropriate July 1st to June 30th time period.

Withholding of Payments

When a complaint is filed with the Commissioner of Labor alleging the failure of a contractor or subcontractor to pay orprovide the prevailing wages or supplements, or when the Commissioner of Labor believes that unpaid wages orsupplements may be due, payments on the public work contract shall be withheld from the prime contractor in a sufficientamount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty, pending a finaldetermination.

When the Bureau of Public Work finds that a contractor or subcontractor on a public work project failed to pay or providethe requisite prevailing wages or supplements, the Bureau is authorized by Sections 220-b and 235.2 of the Labor Law toso notify the financial officer of the Department of Jurisdiction (Contracting Agency) that awarded the public work contract.Such officer MUST then withhold or cause to be withheld from any payment due the prime contractor on account of suchcontract the amount indicated by the Bureau as sufficient to satisfy the unpaid wages and supplements, including interestand any civil penalty that may be assessed by the Commissioner of Labor. The withholding continues until there is a finaldetermination of the underpayment by the Commissioner of Labor or by the court in the event a legal proceeding isinstituted for review of the determination of the Commissioner of Labor.

The Department of Jurisdiction (Contracting Agency) shall comply with this order of the Commissioner of Labor or of thecourt with respect to the release of the funds so withheld.

Summary of Notice Posting Requirements

The current Prevailing Rate Schedule must be posted in a prominent and accessible place on the site of the public workproject. The prevailing wage schedule must be encased in, or constructed of, materials capable of withstanding adverseweather conditions and be titled "PREVAILING RATE OF WAGES" in letters no smaller than two (2) inches by two (2)inches.

The "Public Work Project" notice must be posted at the beginning of the performance of every public work contract, oneach job site.

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https://labor.ny.gov/formsdocs/wp/pw101.pdf

https://labor.ny.gov/formsdocs/wp/pw101.pdf

Every employer providing workers. compensation insurance and disability benefits must post notices of such coverage inthe format prescribed by the Workers. Compensation Board in a conspicuous place on the jobsite.

Every employer subject to the NYS Human Rights Law must conspicuously post at its offices, places of employment, oremployment training centers, notices furnished by the State Division of Human Rights.

Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite noticesfurnished by the NYS Department of Labor.

Apprentices

Employees cannot be paid apprentice rates unless they are individually registered in a program registered with the NYSCommissioner of Labor. The allowable ratio of apprentices to journeyworkers in any craft classification can be no greaterthan the statewide building trade ratios promulgated by the Department of Labor and included with the Prevailing RateSchedule. An employee listed on a payroll as an apprentice who is not registered as above or is performing work outsidethe classification of work for which the apprentice is indentured, must be paid the prevailing journeyworker's wage rate forthe classification of work the employee is actually performing.

NYSDOL Labor Law, Article 8, Section 220-3, require that only apprentices individually registered with the NYSDepartment of Labor may be paid apprenticeship rates on a public work project. No other Federal or State Agency ofoffice registers apprentices in New York State.

Persons wishing to verify the apprentice registration of any person must do so in writing by mail, to the NYSDOL Office ofEmployability Development / Apprenticeship Training, State Office Bldg. Campus, Bldg. 12, Albany, NY 12240 or by Faxto NYSDOL Apprenticeship Training (518) 457-7154. All requests for verification must include the name and socialsecurity number of the person for whom the information is requested.

The only conclusive proof of individual apprentice registration is written verification from the NYSDOL ApprenticeshipTraining Albany Central office. Neither Federal nor State Apprenticeship Training offices outside of Albany can provideconclusive registration information.

It should be noted that the existence of a registered apprenticeship program is not conclusive proof that any person isregistered in that program. Furthermore, the existence or possession of wallet cards, identification cards, or copies ofstate forms is not conclusive proof of the registration of any person as an apprentice.

Interest and Penalties

In the event that an underpayment of wages and/or supplements is found:

- Interest shall be assessed at the rate then in effect as prescribed by the Superintendent of Banks pursuant tosection 14-a of the Banking Law, per annum from the date of underpayment to the date restitution is made.

- A Civil Penalty may also be assessed, not to exceed 25% of the total of wages, supplements, and interest due.

Debarment

Any contractor or subcontractor and/or its successor shall be ineligible to submit a bid on or be awarded any public workcontract or subcontract with any state, municipal corporation or public body for a period of five (5) years when:

- Two (2) willful determinations have been rendered against that contractor or subcontractor and/or its successorwithin any consecutive six (6) year period.

- There is any willful determination that involves the falsification of payroll records or the kickback of wages orsupplements.

Criminal Sanctions

Willful violations of the Prevailing Wage Law (Article 8 of the Labor Law) may be a felony punishable by fine orimprisonment of up to 15 years, or both.

Discrimination

No employee or applicant for employment may be discriminated against on account of age, race, creed, color, nationalorigin, sex, disability or marital status.

No contractor, subcontractor nor any person acting on its behalf, shall by reason of race, creed, color, disability, sex ornational origin discriminate against any citizen of the State of New York who is qualified and available to perform the workto which the employment relates (NYS Labor Law, Article 8, Section 220-e(a)).

No contractor, subcontractor, nor any person acting on its behalf, shall in any manner, discriminate against or intimidateany employee on account of race, creed, color, disability, sex, or national origin (NYS Labor Law, Article 8, Section 220-

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e(b) ). The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion. There may be deducted from the amount payable to the contractor under the contract a penalty of $50.00 for eachcalendar day during which such person was discriminated against or intimidated in violation of the provision of the contract (NYS Labor Law, Article 8, Section 220-e(c) ). The contract may be cancelled or terminated by the State or municipality. All monies due or to become due thereundermay be forfeited for a second or any subsequent violation of the terms or conditions of the anti-discrimination sections ofthe contract (NYS Labor Law, Article 8, Section 220-e(d) ). Every employer subject to the New York State Human Rights Law must conspicuously post at its offices, places ofemployment, or employment training centers notices furnished by the State Division of Human Rights. Workers' Compensation In accordance with Section 142 of the State Finance Law, the contractor shall maintain coverage during the life of thecontract for the benefit of such employees as required by the provisions of the New York State Workers' CompensationLaw. A contractor who is awarded a public work contract must provide proof of workers' compensation coverage prior to beingallowed to begin work. The insurance policy must be issued by a company authorized to provide workers' compensation coverage in New YorkState. Proof of coverage must be on form C-105.2 (Certificate of Workers' Compensation Insurance) and must name thisagency as a certificate holder. If New York State coverage is added to an existing out-of-state policy, it can only be added to a policy from a companyauthorized to write workers' compensation coverage in this state. The coverage must be listed under item 3A of theinformation page. The contractor must maintain proof that subcontractors doing work covered under this contract secured and maintained aworkers' compensation policy for all employees working in New York State. Every employer providing worker's compensation insurance and disability benefits must post notices of such coverage inthe format prescribed by the Workers' Compensation Board in a conspicuous place on the jobsite. Unemployment Insurance Employers liable for contributions under the Unemployment Insurance Law must conspicuously post on the jobsite noticesfurnished by the New York State Department of Labor.

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To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND

Budget Policy & Reporting Manual

B-610Public Work Enforcement Fund

effective date December 7, 2005

1. Purpose and Scope:

This Item describes the Public Work Enforcement Fund (the Fund, PWEF) and itsrelevance to State agencies and public benefit corporations engaged in construction orreconstruction contracts, maintenance and repair, and announces the recently-enactedincrease to the percentage of the dollar value of such contracts that must be deposited intothe Fund. This item also describes the roles of the following entities with respect to theFund:

- New York State Department of Labor (DOL),- The Office of the State of Comptroller (OSC), and- State agencies and public benefit corporations.

2. Background and Statutory References:

DOL uses the Fund to enforce the State's Labor Law as it relates to contracts forconstruction or reconstruction, maintenance and repair, as defined in subdivision two ofSection 220 of the Labor Law. State agencies and public benefit corporations participatingin such contracts are required to make payments to the Fund.

Chapter 511 of the Laws of 1995 (as amended by Chapter 513 of the Laws of 1997,Chapter 655 of the Laws of 1999, Chapter 376 of the Laws of 2003 and Chapter 407 of theLaws of 2005) established the Fund.

3. Procedures and Agency Responsibilities:

The Fund is supported by transfers and deposits based on the value of contracts forconstruction and reconstruction, maintenance and repair, as defined in subdivision two ofSection 220 of the Labor Law, into which all State agencies and public benefit corporationsenter.

Chapter 407 of the Laws of 2005 increased the amount required to be provided to this fundto .10 of one-percent of the total cost of each such contract, to be calculated at the timeagencies or public benefit corporations enter into a new contract or if a contract is amended.The provisions of this bill became effective August 2, 2005.

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To all State Departments, Agency Heads and Public Benefit Corporations IMPORTANT NOTICE REGARDING PUBLIC WORK ENFORCEMENT FUND

OSC will report to DOL on all construction-related ("D") contracts approved during themonth, including contract amendments, and then DOL will bill agencies the appropriateassessment monthly. An agency may then make a determination if any of the billedcontracts are exempt and so note on the bill submitted back to DOL. For any instancewhere an agency is unsure if a contract is or is not exempt, they can call the Bureau ofPublic Work at the number noted below for a determination. Payment by check or journalvoucher is due to DOL within thirty days from the date of the billing. DOL will verify theamounts and forward them to OSC for processing.

For those contracts which are not approved or administered by the Comptroller, monthlyreports and payments for deposit into the Public Work Enforcement Fund must be providedto the Administrative Finance Bureau at the DOL within 30 days of the end of each monthor on a payment schedule mutually agreed upon with DOL.

Reports should contain the following information:

- Name and billing address of State agency or public

benefit corporation;- State agency or public benefit corporation contact and

phone number;- Name and address of contractor receiving the award;- Contract number and effective dates;- Contract amount and PWEF assessment charge (if

contract amount has been amended, reflect increase ordecrease to original contract and the adjustment in thePWEF charge); and

- Brief description of the work to be performed under eachcontract.

Checks and Journal Vouchers, payable to the "New York State Department of Labor"should be sent to:

Department of Labor

Administrative Finance Bureau-PWEF UnitBuilding 12, Room 464

State Office CampusAlbany, NY 12240

Any questions regarding billing should be directed to NYSDOL's Administrative FinanceBureau-PWEF Unit at (518) 457-3624 and any questions regarding Public Work Contractsshould be directed to the Bureau of Public Work at (518) 457-5589.

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Introduction to the Prevailing Rate Schedule

Information About Prevailing Rate Schedule

This information is provided to assist you in the interpretation of particular requirements for each classification of worker contained in theattached Schedule of Prevailing Rates.

Classification

It is the duty of the Commissioner of Labor to make the proper classification of workers taking into account whether the work is heavy andhighway, building, sewer and water, tunnel work, or residential, and to make a determination of wages and supplements to be paid orprovided. It is the responsibility of the public work contractor to use the proper rate. If there is a question on the proper classification to beused, please call the district office located nearest the project. District office locations and phone numbers are listed below.

Prevailing Wage Schedules are issued separately for "General Construction Projects" and "Residential Construction Projects" on a county-by-county basis.

General Construction Rates apply to projects such as: Buildings, Heavy & Highway, and Tunnel and Water & Sewer rates.

Residential Construction Rates generally apply to construction, reconstruction, repair, alteration, or demolition of one family, two family, rowhousing, or rental type units intended for residential use.

Some rates listed in the Residential Construction Rate Schedule have a very limited applicability listed along with the rate. Rates foroccupations or locations not shown on the residential schedule must be obtained from the General Construction Rate Schedule. Pleasecontact the local Bureau of Public Work office before using Residential Rate Schedules, to ensure that the project meets the required criteria.

Payrolls and Payroll Records

Contractors and subcontractors are required to establish, maintain, and preserve for not less that six (6) years, contemporaneous, true, andaccurate payroll records.

Every contractor and subcontractor shall submit to the Department of Jurisdiction (Contracting Agency), within thirty (30) days after issuanceof its first payroll and every thirty (30) days thereafter, a transcript of the original payrolls, subscribed and affirmed as true under penalty ofperjury.

Paid Holidays

Paid Holidays are days for which an eligible employee receives a regular day's pay, but is not required to perform work. If an employeeworks on a day listed as a paid holiday, this remuneration is in addition to payment of the required prevailing rate for the work actuallyperformed.

Overtime

At a minimum, all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek isovertime. However, the specific overtime requirements for each trade or occupation on a public work project may differ. Specific overtimerequirements for each trade or occupation are contained in the prevailing rate schedules.

Overtime holiday pay is the premium pay that is required for work performed on specified holidays. It is only required where the employeeactually performs work on such holidays.

The applicable holidays are listed under HOLIDAYS: OVERTIME. The required rate of pay for these covered holidays can be found in theOVERTIME PAY section listings for each classification.

Supplemental Benefits

Particular attention should be given to the supplemental benefit requirements. Although in most cases the payment or provision ofsupplements is straight time for all hours worked, some classifications require the payment or provision of supplements, or a portion of thesupplements, to be paid or provided at a premium rate for premium hours worked. Supplements may also be required to be paid or providedon paid holidays, regardless of whether the day is worked. The Overtime Codes and Notes listed on the particular wage classification willindicate these conditions as required.

Effective Dates

When you review the schedule for a particular occupation, your attention should be directed to the dates above the column of rates. Theseare the dates for which a given set of rates is effective. The rate listed is valid until the next effective rate change or until the new annualdetermination which takes effect on July 1 of each year. All contractors and subcontractors are required to pay the current prevailing ratesof wages and supplements. If you have any questions please contact the Bureau of Public Work or visit the New York State Department ofLabor website (www.labor.ny.gov) for current wage rate information.

Apprentice Training Ratios

The following are the allowable ratios of registered Apprentices to Journey-workers.

For example, the ratio 1:1,1:3 indicates the allowable initial ratio is one Apprentice to one Journeyworker. The Journeyworker must be inplace on the project before an Apprentice is allowed. Then three additional Journeyworkers are needed before a second Apprentice isallowed. The last ratio repeats indefinitely. Therefore, three more Journeyworkers must be present before a third Apprentice can be hired,and so on.

Please call Apprentice Training Central Office at (518) 457-6820 if you have any questions.

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Title (Trade) Ratio

Boilermaker (Construction) 1:1,1:4

Boilermaker (Shop) 1:1,1:3

Carpenter (Bldg.,H&H, Pile Driver/Dockbuilder) 1:1,1:4

Carpenter (Residential) 1:1,1:3

Electrical (Outside) Lineman 1:1,1:2

Electrician (Inside) 1:1,1:3

Elevator/Escalator Construction & Modernizer 1:1,1:2

Glazier 1:1,1:3

Insulation & Asbestos Worker 1:1,1:3

Iron Worker 1:1,1:4

Laborer 1:1,1:3

Mason 1:1,1:4

Millwright 1:1,1:4

Op Engineer 1:1,1:5

Painter 1:1,1:3

Plumber & Steamfitter 1:1,1:3

Roofer 1:1,1:2

Sheet Metal Worker 1:1,1:3

Sprinkler Fitter 1:1,1:2

If you have any questions concerning the attached schedule or would like additional information, please contact the nearest BUREAU ofPUBLIC WORK District Office or write to:

New York State Department of LaborBureau of Public WorkState Office Campus, Bldg. 12Albany, NY 12240

District Office Locations: Telephone # FAX #

Bureau of Public Work - Albany 518-457-2744 518-485-0240

Bureau of Public Work - Binghamton 607-721-8005 607-721-8004

Bureau of Public Work - Buffalo 716-847-7159 716-847-7650

Bureau of Public Work - Garden City 516-228-3915 516-794-3518

Bureau of Public Work - Newburgh 845-568-5287 845-568-5332

Bureau of Public Work - New York City 212-932-2419 212-775-3579

Bureau of Public Work - Patchogue 631-687-4882 631-687-4902

Bureau of Public Work - Rochester 585-258-4505 585-258-4708

Bureau of Public Work - Syracuse 315-428-4056 315-428-4671

Bureau of Public Work - Utica 315-793-2314 315-793-2514

Bureau of Public Work - White Plains 914-997-9507 914-997-9523

Bureau of Public Work - Central Office 518-457-5589 518-485-1870

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