CHAUTAUQUA COUNTY DEPARTMENT OF PUBLIC FACILITIES 454 NORTH WORK ST. FALCONER, NY 14733

PH. 716-661-8405 FAX 716-661-8451

INVITATION TO BID

Bid Proposal No. PF-1-15 BGSSD Parking Lot and Driveway Sealing

Issue Date: August 6, 2015

BID OPENING DATE: August 20, 2015

Vincent W. Horrigan County Executive

George Spanos

Director of Public Facilities

Tracy France Purchasing Manager

Becky Anderson Purchasing Clerk

TIME OF BID OPENING: 2:00 PM

AUGUST - 2015 S M T W T F S

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NOTICE TO BIDDERS

Advertisement Date: August 6, 2015

Chautauqua County Department of Public Facilities will receive sealed bids for Parking Lot and Driveway Sealing, proposal number PF-1-15 BGSSD. Such sealed bids must be filed with the Chautauqua County Purchasing Department located at 454 North Work Street, Falconer, NY 14733, PRIOR TO 2:00 PM, Wednesday, August 20, 2015 at which time said bids will be publicly opened and read.

Bid documents may be obtained at the office of the Purchasing Department at the above mentioned address only.

NOTE: Chautauqua County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the Chautauqua County Purchasing Department.

Any vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the Chautauqua County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this bid, contact the Chautauqua County Purchasing Department directly at 716-661-8405 to assure they have received the most accurate and up to date material concerning this contract. EACH BID ENVELOPE MUST BE PLAINLY MARKED WITH THE PROPOSAL NUMBER AND THE ITEM BID THEREIN.

Chautauqua County reserves the right to accept or reject any and all bids, to waive any inconsistencies in, or to accept the bid deemed most advantageous to the County.

Tracy France, CPPB Chautauqua County Purchasing Manager

SPECIFICATION FOR PARKING LOT AND DRIVEWAY SEALING & STRIPING BID PROPOSAL NO. PF-1-15 BGSSD

BID OPENING DATE: AUGUST 20, 2015

I. SCOPE: Chautauqua County is seeking bid proposals for Parking Lot and Driveway Sealing and Striping.

II. GENERAL:

a.) Chautauqua County encourages all qualified applicants, including Minority-owned BusinessEnterprises, Women-owned Business Enterprises, Small Business Enterprises and Disadvantaged Business Enterprises, to partake in the bidding of this and all other commodities. The successful Bidder must be an EOE.

b.) Chautauqua County is exempt from all Federal and State taxes.

c.) By submitting a bid, you are asking the county of Chautauqua to accept your offer for the sale of goods or services. It is important that you READ and UNDERSTAND all terms and conditions herein as well as understand the laws that govern Municipal Purchasing which can be found at http://public.leginfo.state.ny.us.

d.) The enclosed bid forms must be used and may not be substituted amended, or altered. All bid documents must be submitted for each bid, and must be signed by an authorized individual. Documents with a place for a notary signature must be notarized.

e.) Questions about or requests for clarification of a bid item must be submitted in writing to francet@co.chatauqua.ny.us . Questions must be submitted no fewer than five (5) days prior to the scheduled bid opening date. County responses will be submitted to all parties in the form of an Addendum to the original bid, receipt of which must be acknowledged with each bid submittal.

f.) Withdrawal of Proposals - Negligence on the part of the Bidder in preparing his Proposal confers no right for the withdrawal of the Proposal after it has been opened. Any Bidder, upon his properly notarized written request, will be given permission to withdraw his Proposal not later than the time set for opening. At the time of opening of the Proposals, when such Proposal is included, it will be returned to the Bidder unopened.

III. CONTRACT TERM:

a.) The contract will commence upon signature of the contract and end December 31, 2015.

b.) Chautauqua County reserves the right to terminate this contract at any time for any reason in wholeor in part upon thirty (30) days’ written notice to the successful Contractor. The County also reserves the right to cancel the contract for breach or non-performance immediately.

IV. INTENT OF DOCUMENTS AND INSTRUCTIONS

a.) The Specifications and instructions as set forth herein are complementary, are intended to provide for,and include everything necessary for, the proper and orderly execution and completion of the service as specified. Specifications that have omissions reference to any material and/or service description which obviously was intended under the Contract, shall not excuse or relieve the awardee from furnishing the same. Materials described in words which have a generally accepted technical or trade meaning, shall be interpreted by such customary and recognized standard of meaning.

V. PRICING:

a.) Bid Form: Please enter your proposed price per square foot for crack fill and sealing where indicated. Striping shall be priced per foot. Pricing shall include all material, labor and supplies needed to perform the job as described in these specifications.

VI. PAYMENT:

a) All invoices submitted for payment must reflect the proposed bid to ensure prompt payment, also pleasereference the bid proposal number PF-1-15 BGSSD on the invoice. Any additional fee added to the invoice when billed will not be paid unless specified on the Bid Form. Prevailing wage rate - PRC#2015008189 .

VII. ALTERNATE SOURCE

a.) Where a New York State bid or a bid from another municipality results in an award for an item hereinat a total price which is more favorable than that of the bidder to whom an award is made herein, and such price is available to County, County reserves the right to purchase from the State bid or from such other, alternate bid, notwithstanding its award to the lowest responsible bidder herein, after offering the County bid awardee an opportunity to meet or better the item price.

VIII. QUANTITIES

a.) Quantities are described as the area(s) to be sealed and striped. Quantities are only approximateestimates. The actual quantities purchased or square footage required to be sealed may vary by an increased or a decreased amount. The same shall hold true for striping.

IX. QUALITY SERVICE STANDARDS

a.) A high level of quality service is expected of all awarded vendors. The awarded vendor shall workwith the designated County representative to determine mutually convenient application times, schedules, and any other incidentals required to make sure the materials, products, and equipment requested are in accordance with the needs of Chautauqua County. The specific materials, products, and equipment ordered and delivered will not be substituted unless agreed upon by the County.

IX. AWARD

a.) Chautauqua County reserves the right to accept or reject any or all bids, to waive bid inconsistencies, and to accept the bids deemed most advantageous to the County in accordance with General Municipal Law. Explanations of County decisions shall not be required except as otherwise provided for by law.

b.) Award will be made by the lowest amount bid per Item or the lowest combined total amount bid.

c.) The County guarantees no minimum or maximum purchases or contracts as a result of award of this bid proposal.

d.) The successful bidder upon award will be required to execute a standard Chautauqua County Agreement of Service (AOS). No services shall commence or payments made prior to the full execution of the AOS

e.) Within five (5) business days after receiving notification of award, successful Bidder must deliver to Chautauqua County a Certificate of Insurance (COI) in the amounts equal to or greater than the attached “Chautauqua County Minimum Requirements”. COI must be received prior to the processing of the AOS.

SPECIFICATIONS PARKING LOT AND DRIVEWAY SEALING

PROPOSAL NO. PF-1-15 BGSSD

GENERAL SCOPE OF WORK

The parking lots are to be sealed on a Saturdays. Scheduling the work shall be done with Drew Rodgers by email rodgersd@co.chautauqua.ny.us or calling 661-8410.

The driveways at the pump locations may be scheduled at any time during the week by contacting Wastewater Maintenance Supervisor, Mark Freligh at the South and Center Sewer District by emailing frelighm@co.chautauqua.ny.us or by calling 664-9727 extension 8996.

The contractor shall furnish all labor, materials, services, supervision, and equipment including brushes, hand squeegees, pumps, hose equipment, storage tanks, mixing tanks, water distributors, power sweepers, blowers, barricades and applicator equipment required to complete this project complying with the outlined specifications and details.

The contractor will notify the County representative of pavement areas that the contractor feels has deteriorated so significantly, or of other outside factors such as poor drainage, improper construction, etc. that will render the application of seal coat ineffective.

The contractor shall examine the work site prior to submitting a bid. The submission of a bid shall be evidence that this requirement has been met. Failure to inspect the site prior to bidding will not relieve the contractor of the responsibility of performing all work included in this contract.

All buildings, walks, steps, fences, trees, etc. shall be protected. Any damage done by the contractor shall be repaired by him at no cost to the buyer.

If directed, by the County representative, the contractor will provide samples of the emulsion that the contractor proposes to use.

MATERIAL SPECIFICATIONS

CRACK FILL OR REPAIR SPECIFICATION - ASTM D 3405:

Commercial grade hot-poured, rubberized extended temperature crack filler. Conforming to ASTM D 3405 as local temperature range conditions require for guarantee.

SEALANT SPECIFICATION – COAL TAR EMULSION:

• Coal tar emulsion sealant thoroughly pre-mixed WITH sand for non-skid surface.• Ready-to-use emulsified rubberized coal tar pitch pavement sealer must meet or exceed Federal

Specification RP-355e, “Refined Coal Tar Emulsion (Coating for Bituminous Pavements).”

• The tar pitch prior to emulsification shall conform to ASTM D-490, grade RT-12. The pitch shall bederived from high temperature coal tar pitch. Oil and water gas-tars shall NOT be used even though theymight comply with ASTM D-490, grade RT-12.

• Should also meet: ASTM D 466, ASTM B117, ASTM D529, ASTM D 2939, ASTM D244. Drying Time: 10hr. Maximum.

• No blistering, sagging, loss of adhesion, penetration of water, cracking, flaking, chipping.• Should be evaluated and pass requirements for resistance of fuel.• Sand content is typically 4 to 6 pounds per gallon. (Vendor MUST specify sand content).• 1 coat of sealer is applied at a MINIMUM rate of 0.08 to 0.12 gallons per square yard.

ALTERNATE STRIPING PAINT SPECIFICATION:

Striping and Symbols: Use a traffic resistant paint, factory-mixed, regular-drying, and non-bleeding for striping, symbols and arrows.

• Pavement marking may be required.• All paint will be lead free.• White and yellow latex paint is to be used.• The white striping paint shall be a clean, bright, un-tinted white.• The yellow shall match color 3353B, Federal Standard Number 595a.• Organic solvent base paints shall not be used because they tend to discolor and can also cause

shrinkage cracks.

SERVICE SPECIFICATIONS

SURFACE PREPARATION:

The surface to be treated will be cleaned. The areas will be cleaned with power blowers and brooms to remove all accumulated debris, such as dirt, dust, loose stone, weeds, and other foreign materials. All of this material shall be removed from the property by the awarded vendor(s).

Major gasoline and oil accumulation shall be primed with a solvent-based material, which forms a film over these areas and prevents surface deposits of petroleum products from bleeding through the finished application of sealer. The area will be moistened or primed in such a way to provide a high quality sealing job. A sufficient quality primer shall be used to prepare the surface and be applied at the minimum rate of .015 gallons of primer per square yard.

CRACK FILL OR REPAIR:

Any significant cracks shall be repaired. The crack shall be blown out with 150 pounds of PSI air pressure and filled with hot resilient New York State approved type crack filler, if so desired by the County.

APPLICATION OF SEALANT: When the temperatures are anticipated to be above 50 degrees for a period of 24 hours or more, the sealing material will be applied using the District’s desired method, as specified on the Bid Form. Sealant may be tested for proper dilution prior to application. STRIPING: The newly sealed drives shall be striped according to each individual District’s desires, and according to the attached specifications for driveway and parking lot striping paint. This service may be done by the County separately, depending on what is in the best interest of the County. LOCATIONS: Parking Lots: Gerace Office Building, 3 N. Erie St., Mayville, NY CARTS (2) lots, 234 Hopkins Ave, Jamestown, NY Pump Stations: Lakewood – Fairdale Ave. Busti – West Lake Rd. Ashville – Goose Creek Rd. Bemus Point – Shore Acres Dr., Ellery Dutch Hollow – private drive off Chautauqua Ave., Ellery Town Line - Fulvanna Town Line Rd., Ellery Bonita – private drive off Denslow Ave., Ellicott Gifford – Gifford Ave., Celoron

CHAUTAUQUA COUNTY DEPARTMENT OF PUBLIC FACILITIES

Vincent W. Horrigan County Executive

George P. Spanos Director of Public Facilities

Proposal No. PF-1-15 BGSSD Due: August 20, 2015

At Chautauqua County DPF, 454 North Work St., Falconer, NY 14733

2:00 PM

THE FOLLOWING FORMS MUST BE SUBMITTED

BID FORM SEALED SUBCONTRACTORS LIST

NON-COLLUSION BIDDING CERTIFICATION AFFIDAVIT'S

ACKNOWLEDGEMENT'S

By submission of this bid, the bidder and each person signing on behalf of the bidder certifies that they have read and adhere to all the terms and conditions as proposed in the attached bid Proposal Number PF-1-15 BGSSD and any addendums received for Parking Lot and Driveway Sealing.

COMPANY NAME________________________________________________

SIGNED________________________________________________________

PRINT NAME OF SIGNER_________________________________________

TITLE_________________________________________________________

E-MAIL_______________________________________________________

454 NORTH WORK STREET, FALCONER, NEW YORK 14733, (716) 661-8400, FAX (716) 661-8451

BID FORM PROPOSAL NUMBER: PF-1-15 BGSSD

FOR PARKING LOT AND DRIVEWAY SEALING

Bid Date: August 20, 2015

Pursuant to, and in compliance with, Chautauqua County Invitation to Bidders, General Conditions and all of the Contract Documents, including any Addenda issued by the County, we the undersigned hereby propose to furnish all labor, supplies, materials and equipment required by the Specifications and terms and conditions of these Bid Documents in the following amounts: Item No. 1

Locations

Estimated Square

Footage of Sealant

Price per square

foot for Crack Filling & Coal Tar

Sealant Material & Service

Estimated Striping per Foot

Price for Striping Paint Required

per Foot

GOB Parking Lot

40,000

Sqft.

2,900 ft. of lines (2 HC symbols & 9

Arrow symbols)

Ft.

CARTS Parking Lot (1)

40,000

Sqft.

934 ft. of lines (1 HC symbol & 4 Arrow symbols)

Ft.

CARTS Parking Lot (2)

10,200

Sqft.

360 ft. of lines

Ft.

Enter below the total Amount Bid for Crack Filling, Sealing & Striping for each Parking Lot using the estimated quantities and unit pricing proposed above. GOB Parking Lot $___________________________ CARTS Parking Lot (1) $____________________________

(2) $____________________________

Item No. 2 – South and Center Chautauqua Lake Sewer Pump Station Driveways

Pump Stations Extended Amount Each

Lakewod 2876 Sqft. $

Busti 1841 Sqft. $

Ashville 2498 Sqft. $

Bemus Point 1600 Sqft. $

Dutch Hollow 1670 Sqft. $

Town Line 2906 Sqft. $

Bonita 2789 Sqft. $

Gifford 1466 Sqft. $

TOTAL AMOUNT BID FOR all PUMP STATIONS

TOTAL AMOUNT BID OF ITEMS NO. 1 & 2 COMBINED $_____________________________

By signing this bid form and submitting a bid, the vendor acknowledges that they have read, understand and agree to all aspects of this bid document as presented.

SUBMITTED BY:

DATE:_________________________

Company Name:____________________________________________________________

Contact:___________________________________________________________________

Address:___________________________________________________________________

__________________________________________________________________

Telephone:_________________________________________________________________

E-Mail:_____________________________________________________________________

NON-COLLUSION BIDDING CERTIFICATION

By submission of this bid, the bidder and each person signing on behalf of the bidder certifies, subject to the terms of Section 103-d of the General Municipal Law, as amended, and under penalty of perjury, that to the best of its knowledge and belief:

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

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

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

(d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury affirms the truth hereof, such penalties being applicable to the bidder as well as to the person signing in its behalf.

Signature ____________________________________________

Title ________________________________________________

STATE OF NEW YORK ) COUNTY OF ) SS:

On this __________ day of ____________, 2015, before me personally appeared ____________________, to me known, who being by me duly sworn, did depose and say that he resides at _________ _____________________, New York: that he is the _________________ of _______________________, the corporation described in and which executed the within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of said corporation.

____________________________ Notary Public

AFFIDAVIT OF FINANCIAL RECORDS STATE OF ___________________________ AFFIDAVIT

ss: (corporate)

COUNTY OF___________________________ ___________________________________, being duly sworn, deposes and says that I have made a complete and thorough examination of the financial records of said firm; and that I have determined that said firm is currently not in arrears in taxes or upon dept or contract to or with the county of Chautauqua, that said firm has not defaulted as surety or otherwise upon a contract or obligation to the County of Chautauqua, and that said firm is not disqualified to bid upon municipal or state contracts under any act of New York State Legislature. ______________________________________________________________ Sworn to before this ___________ Day of __________________, 2015 _______________________________ NOTARY PUBLIC

Individual, Corporation, Partnership, or LLC Acknowledge

STATE OF } SS.:

COUNTY OF }

On the day_________of ____________in the year 20___, before me personally appeared______________________________known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that __he resides_______________________________________________________,

Town of_________________________________________,

County of________________________________________,

State of__________________________________________,

[Mark an X in the appropriate box and complete the accompanying statement.]

□ (If an individual): __he executed the foregoing instrument in his/her name and on his/her ownbehalf.

□ (If a corporation):__he is the________________________________________________________of___________________, the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

□ (If a partnership):__he isthe_________________________________________________________, of___________________, the partnership described in said instrument; that, by the terms of said partnership __he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

□ (If a limited liability company):__he is a duly authorized memberof___________________________ LLC, the limited liability company described in said instrument; that __he is authorized to execute the foregoing instrument on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company. ___________________________________________________

____________________________________________ Notary Public Registration No.

AFFIDAVIT OF FOREIGN CORPORATION STATE OF ) COUNTY OF ) ss:

,as of I, , Inc., a corporation,

incorporated under the laws of , authorized to do business in New York, do hereby certify and affirm that , Inc., has complied with Article 13 of the Business Corporations Law of the State of New York.

As proof I submit a copy of:

_____ A receipt of filing an application to do business in New York Secretary of State; or

_____ A copy of our application for authority to do business in New York filed with the Secretary of State on , 20 .

As said corporation has complied with Article 13 of the Business Corporations Law of the State of New York, I hereby swear and affirm that , Inc., is authorized to do business in the State of New York.

Under penalties of perjury, I declare that the facts presented are true, correct and complete.

In witness whereof, I set my hand and attach the corporate seal this day of

, 2015.

______________________________ Title

Business Corporation Law of New York, Section 102 (7): "Foreign Corporation" means a corporation ... formed under laws other than the statutes of (New York) ... "Authorized," when used with respect to a foreign corporation, means having authority, under Article 13 (Business Corporation Law) to do business in this state.

Certification Pursuant to Section 103-g Of the New York State General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law. Such list can be found on the website of the office of general services, http://ogs.ny.gov/default.asp."

Company Name:

Address:

Representative:

Signature:

Date:

1. Independent Contractor. Contractor is an independent contractor and not an employee, servant, or agent of the County. Contractor shall have exclusive responsibility for the means, manner, and methods of performing its obligations under this Agreement. 2. Indemnification. Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Agreement. Contractor shall defend, indemnify and hold County and its employees harmless from any liability, claim, demand, loss, judgment, expenses and costs of every nature, including the costs of defense, arising from Contractor's performance or failure to perform the terms of this Agreement. Such obligation to the County shall not be construed to negate, abridge or reduce other rights of indemnity which would otherwise exist. This provision shall supersede any other provision in this Agreement deemed to be in conflict, unless specifically stated otherwise. 3. Statutory Compliance. Contractor shall perform in accordance with all applicable federal, state, and local laws, rules and regulations, including without limitation any applicable provisions of the Labor Law of the State of New York as set forth in Appendix B attached hereto. All statutory provisions applicable to this Agreement are hereby incorporated by reference. Contractor shall provide, at its own expense, all permits or licenses required for the performance of its services pursuant to this Agreement and shall be solely responsible for paying any and all fines or penalties incurred as a result of any improper services. 4. Non-Discrimination. Contractor will not discriminate or permit discrimination against any individual or group on the grounds of age, race, creed, color, national origin, sex, religion, disability, or marital status. 5. Records. Contractor shall submit to County upon request such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data that the County may request concerning work performed or to be performed under this Agreement. All books and records of Contractor shall be available upon request for inspection and/or audit by the County during the time hereof and for a period of six (6) years hereafter. 6. Assignment. Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement or any of its right, title, or interest therein, or the power to execute this Agreement, without the prior written consent of the County. 7. Amendments. No waiver, modification, or amendment of this Agreement or any part thereof shall be valid unless in writing and duly executed by the parties hereto. A waiver of any breach hereof shall not prevent a forfeiture for any succeeding breach. 8. Entire Agreement. This Agreement contains the sole and entire Agreement between the parties relating to the services provided hereunder and shall supersede any and all other Agreements between the parties. Any other statements or representations made by either party are void and have no force or effect 9. Binding Agreement. This Agreement shall be binding on the parties, their successors, heirs, and assigns. 10. Set-Off Rights. The County shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the County’s option to withhold for the purposes of set-off any money due to the Contractor under this Agreement up to any amounts due and owing to the County with regard to any contract with any County department, office or agency. 11. Confidentiality. Information relating to individuals who may receive services pursuant to this Agreement shall be confidential and maintained and used only for the purposes intended under this Agreement, in accordance with any applicable State or Federal laws, rules and regulations. 12. Governing Law. This Agreement shall be governed by the laws of the State of New York. 13. Inspection. County, its employees, representatives or agents shall have the right at any time during operating hours or at other reasonable times to inspect the sites where services are performed and/or observe the services being performed by Contractor. 14. Insurance. Unless waived by the County Attorney in writing, Contractor shall secure and maintain the insurance specified in Appendix C attached hereto and made a part hereof, with County named as an additional insured for purposes of coverage on a direct, primary, and non-contributory basis. Contractor shall file a certificate of insurance with the County prior to performing pursuant to this Agreement or receiving any payment hereunder and shall be responsible for updating the certificate as necessary throughout the term of this Agreement. Contractor shall immediately forward to County (fax (716) 753-4888) any notice of actual or pending termination, suspension or non-renewal of insurance. In the event Contractor's insurance expires or is terminated or suspended, County shall have all rights available for breach of contract and the contract/agreement of service shall automatically and immediately terminate effective as of the moment of expiration, termination or suspension. County shall have unlimited access to Contractor's insurance company and policies. 15. Claimant Certification. When submitting a claim to County for payment, Contractor certifies the following: that claims are just, true and correct; that goods are of the quantity and quality stated and/or that the services were actually performed; that prices are reasonable in accordance with the agreement; that no portion of any claim has been paid, that there exist no offsets or counterclaims; and that no tax is included.

APPENDIX A

LABOR LAW

1. No laborer, workman, or mechanic in the employ of the contractor, subcontractor, or otherperson doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor (See Section 220.2)

2. Each laborer, workman, or mechanic employed by the contractor or subcontractor shall bepaid not less than the prevailing rate of wages at the time the work is performed, and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate or wages or the prevailing supplements change after the contract is let, each workman, laborer, or mechanic shall be paid or provided not less than the new rates. (See Section 220.3)

3. The contractor and every subcontractor shall post in a prominent and accessible place at thework site a statement of the current prevailing wage rates and supplements for the various classes of mechanics, workmen, or laborers. (See Section 3-a)

4. No employee shall be deemed to be an apprentice unless individually registered in a programregistered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction; prior to using any apprentices on the contract work. (See Section 220.3)

5. (a) No contractor, subcontractor, nor any person acting on his behalf, shall by reason of race,creed, color, disability, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. (See Section 220-e(a))

(b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race, creed, color, disability, sex, or national origin. (See Section 220-e(b)) NOTE: The Human Rights Law also prohibits discrimination in employment because of age, marital status, or religion.

(c) There may be deducted from the amount payable to the contractor under the contract a penalty of fifty dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220e(c)).

(d) The contract may be canceled or terminated by the State or municipality, and all moneys due or to become due there under may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e(d))

APPENDIX B

PREVAILING WAGE RATES

Please note that the attached Bid Item or Service requires the application of a prevailing wage schedule. The number associated with this project is PRC#2015008189. This schedule can be viewed on the New York State Department of Labor website (www.labor.state.ny.us) by entering the PRC# when prompted.

First, under the Quick Links section on the webpage click on Prevailing Wages. Next, click on Public Work Prevailing Wage. Scroll down then click on Online View of Existing Prevailing Wage Schedule with PRC#. Enter the PRC# listed above and click submit. Last, click on Original Wage Schedule.

If you have any difficulty accessing the schedule please contact myself at 716-661-8405.