bridges and tunnels - mta

2 Broadway New York, NY 10004 646 252-7000 Tel

Cedrick T. Fulton President

Bridges and Tunnels October 5, 2017

ADDENDUM NO. 03

Contract RK-22

Interim Repairs to the FDR Ramps at the RFK Bridge

To all Prospective Proposers:

You are hereby furnished the following revisions and additional information under the referenced solicitation:

1. The bid opening date remains October 11, 2017.

2. Bidders shall submit their bids on the attached revised Bidder’s Proposal (Addendum 3) pages.

3. Appendix D Rev. 1 dated September 29, 2017.

4. Revised Specification as follows:

ITEM 615.33XX0011 - TEMPORARY WOODEN TREE GUARD – NYCDPR Rev.3 dated March 31, 2017 SECTION 265670 MEDIAN BARRIER LIGHT STANDARD – TWIN ARM Rev.1 dated March 31, 2017 SECTION 265671 EDGE BARRIER LIGHT STANDARD Rev.3 dated March 31, 2017 SECTION 01590 ENGINEER'S FIELD OFFICE Rev.3 dated March 31, 2017 ITEM 576.25000002 - REMOVE AND DISPOSE OF DOWNSPOUT SYSTEM Rev.3 dated March 31, 2017 ITEM 604.02010011 - CATCH BASIN - TYPE 1 -3 (NEW YORK CITY) Rev.3 dated March 31, 2017 ITEM 607.41010010 - TEMPORARY PLASTIC BARRIER FENCE Rev.3 dated March 31, 2017

5. Revised Contract Drawings as follows:

C302 - C-307 Rev.3 dated March 31, 2017; C-307 Rev.3 dated March 31, 2017; C-309 – C-313 Rev.3 dated March 31, 2017; C-317 – C-321 Rev.3 dated March 31, 2017; C-323 Rev.3 dated March 31, 2017 and C-325 Rev.3 dated March 31, 2017

Below are questions received and the Authority responses

Q17. In drawings C-308 & C-310 the splash blocks for Piers 26, 49 & 50 are not shown. However, their detailed drawings are illustrated on C-319 and C-323 respectively.

A17. The scuppers on Drawings CS-10 and CS-9 at Pier 26 drain to their respective splash blocks

at catch basins CB2-5 and CB2-4. Scupper SS-7 at Pier 49 has no splash block as it drains onto the sidewalk. Scupper SS-8 at Pier 50 uses a Splash Block Type 1. The Splash Block Type 1 detail is added to the details.

Q18. In drawing C-319 the item CS-9 576.02 is shown on Pier 24. However, on C-310, the item CS-

9 is included in Pier 22. Also, no detailed drawing of Pier 22 is shown. A18. The downspouts are labeled to match the pier they are attached to. Therefore, scupper CS-

10 is on Pier 24. Scupper CS-9 is mounted and labeled on Pier 26, and it is at a point where it crosses the axis for Pier 22.

Contract RK‐22 Addendum #3

October 5, 2017

Form CU-078 (Rev. 1/4/99)

Q19. The legend in drawing C-302 shows that the removal of scuppers, manholes and catch basins are included in item 203.02-Unclassified excavation and disposal, is this correct?

A19. The legend in Drawing C-302 is hereby revised to reference scupper and downspout removal

as Item 576.25000002. Unclassified excavation referenced in Item 203.02 shall include manholes and catch basins.

Q21. In drawing S-105, there is a detail that shows the 4”x4” –W3 x W3 Epoxy-Coated Steel

Fabric Reinforcement and the description states that it should be included in item 556.0202 (Epoxy Coated Bar Reinforcement for Structures). This may be incorrect, since it is steel fabric reinforcement, not bar reinforcement; the label of the item suggests it should be under the item 556.0102 (Epoxy Coated Steel Fabric Reinforcing).

A21. Epoxy-Coated Steel Fabric Reinforcement used in concrete repairs shown in Drawing S-105

shall be incidental in Item 556.0202. Q23. On Drawing No. L-201, Sheet 106, there is an item #609.06010008, Removal of Curb; there

is no bid item with this number in the Bidder’s Proposal. Please clarify. A23. Drawing L-201 callout is revised to read “203.02”. Q28. Please refer to Drawing No. S-007 (Sheet No. 48). Note 5 on this drawing provides criteria

and direction on how to repair damaged rebar while performing concrete repairs. The repair procedure for rebar described requires a significant amount of work and directs this work to be paid under Bid Item No. 556.0202 – Epoxy Coated Steel Fabric Reinforcing. However, a quantity for these repairs is not provided. This ambiguity in the quantity of rebar repairs could create significant disparities in the bid prices for Item No. 556.0202. To create a fair bid process for this Bid Item, please provide a budget quantity of rebar repairs.

A28. Drawing S-007 Note 5 is hereby revised to read, "Exposed reinforcing bars with 25% or

greater section loss shall be replaced as directed by the Engineer. Compensation for replacement of reinforcing bars shall be paid for under Item 556.0202. Estimated quantity for bidding purposes is 300 lbs. Replacement reinforcement shall be AASHTO M31 (ASTM 615 grade 60), epoxy coated and shall be connected to the existing reinforcement in good condition as shown in reinforcing bar repair detail. Epoxy coated mechanical couples shall be cold-swaged type and shall be included in Item 556.0202. The estimated quantity for bidding purposes is 150".

Q39. While on the pre-bid site walkthrough of the jobsite held on September 7, 2017, it was

observed that there are temporary timber supports installed under the cap beams at or around Pier 21. These timber supports will have to be removed in order to install the steel cap beam supports, however they are not shown on the contract documents. Please clarify if these timber supports are to be removed and if so, please provide a clear scope of work include the quantity of timber supports, height, any dunnage, anchors, etc.

A39. Timber supports removal shall be included in Item 202.120001. There is no existing or as-

built information on the pier cribbing supports. The Contractor should request access to the Engineering Information Center (see Visitor Appointment Request Form provided in addendum no. 01) to review copies of inspection reports.

Q44. Please check your quantity takeoffs for the following items. We are 35% to 65% less than

your bid quantities. Item; 203.02, 206.02, 552.12, 555.0105, 556.0102, 556.0202, 580.01, 603.6112, 603.6115, 603.95320011, 603.95360011, 604.04950011, 604.071101, 621.03, 621.04, 623.12, 634.07060001, 655.00050011, 655.00060011.


October 5, 2017

Form CU-078 (Rev. 1/4/99)

A44. Quantities set forth in the Bidder’s Proposal shall remain unchanged. Q45. Item 604.071101 Altering Drainage Structures and Manholes. The standard specification

says to follow the details shown on the plans, and there are no details on the plans. Also, this item is not on the plans. Please clarify.

A45. Drawing C-325 detail "Modify Existing Drainage Structure Item 604.07260011" is hereby

revised to read, "Connect to and Modify Existing Drainage Structure Item 604.07260011 and Item 604.071101." Drawing C-303 drainage table indicates Item 604.071101.

Q50. Item 633.14 the Bid quantity is 5910 SY. I calculate 1500 SY. Please check your takeoff. A50. The bid quantity of Item 633.14 is revised to read 3220 SY. Please see updated Bidder

Proposal Sheets (Addendum 3) attached. Q53. The auto liability limit of $2,000,000. Can this limit be provided in the form of the primary

policy & umbrella/excess? A53. Yes. The insurance monetary limits required may be met through the combined use of the

insured’s primary and umbrella/excess policies (see Paragraph B of Schedule J / Insurance Requirements).

Q59. At the end of Specification Section 09931 (Page 38) a note states payment for cleaning and

painting existing is to be paid under Bid Item 09931.1. However, no such item exists as a bid item.

A59. There is no separate pay item for 09931.1. Please see revised Specification 09931 included

in Addendum no. 02. Q60. How is payment made for painting new structural steel in the shop? What pay item? We

currently have no Bid Item 09940.1. A60. There is no separate pay item for Item 09940.1. All new structural steel shop painting shall be

included in the individual structural steel Item 564.510001, 564.510002 or 564.510003. Please see revised Specification 09940 included in Addendum no. 02.

Q61. What is the paint system to be used for new steel items? A61. As indicated in Specification 09940 (rev. 0, dated 3/31/2017), part 2, section 2.01 B (paint),

"The painting system used shall be chosen from the list of approved paint systems and their manufacturer listed in Attachment 2, Painting System 1B of Section 09931." Referencing section 09931 of Specification 09940, attachment 2, painting system no. 1B, the painting system to be used for new steel items shall be "ORGANIC ZINC/EPOXY /URETHANE or POLYSILOXANE"..

Q70. Reference Items 564.510002, 564.510003 and 589.010001. The bid proposal quantities are

20% to 30% more than the quantities we get. Our subs and suppliers agree with our quantity takeoffs.

A70. Bidder’s Proposal quantities for Items 564.510002, 564.510003 and 589.010001 shall

remain unchanged. Q72. Numerous contract bid items are described as NYSDOT bid items, but the units are not

consistent with the NYSDOT Standard payment terms or contained in the standard specifications. The following items are ones that I have found:


October 5, 2017

Form CU-078 (Rev. 1/4/99)

ITEM Description

RK-22 Bid Unit NYSDOT Bid unit Additional Question

01590.1 Engineers Field Office LS-No specifications for office requirements

202.120001 Removing of existing superstructures-LS Work shown on drawings is not applicable to this NYSDOT item

206.040010011 Pneumatic Excavation LS -No specification given

402.000013 Plant Production Quality Adjustment QU- No fixed price given

555.20012011 Structural Elements with self-consolidating Conc. CY- No specification given

567.60 Armorless Bridge Joint System CY LF- No specification given as to joint material type also bid quantity seems worn.

607.7029011 Bar Picket Fence (10’-0”) High LF -No specification given

607.7039011 Bar Picket Fence Gate (10’-0”) High EA -No specification given A72. -Specification for “Engineers Field Office” was provided in Addendum no. 02. -Work included under Item 202.120001 is as shown on plans. - Plant Production Quality Adjustment for Item 402.000013 has been updated to current index

rate in Addendum no. 2. -Specifications for Items 206.040010011 and 555.20012011 were included in Addendum no.

02 -Bid Item 567.60 unit of measure was revised from CY to LF in Addendum no. 01; NYSDOT

approved material list for Item 567.70 joint material type should be used -Specification for Items 607.70290011 and 607.70330011 are included in the Serialized

Specification. Q77. What is the definition of a “NN” Pay Item? A77. Pay item with the letters "NN" or "XX" included in lieu of numbers indicates that the pay item is

serialized. Q79. Item 604.0201.0011 Catch Basins Type 1, 2, and 3 (NYC) Specification States that

Hooks & Hoods will be paid for separately. Currently, No Pay Item exists.

A79. Hooks & Hoods to be included under pay Item 604.02020011. Q80. Details and Specifications for Item 604.071101 Altering Drainage Structures Leaching

Basins & Manholes are missing from the contract drawings. Please provide. A80. See refer A45 above. Q86. We request that the duration of the project be increased to 24 Months in lieu of 12 Months

duration currently shown on the bid documents. A86. No, the contract can be completed within the allotted timeframe. Q88. Based upon Drawing C-301, it appears that the design of the drainage system for this

project will be the Contractor’s responsibility. Please confirm. A88. Per note 20 on Drawing C-301, Contractor shall be responsible for any temporary drainage

required during the duration of the contract. Permanent drainage is to be installed as set forth on Drawings C-302 through C-327. Contractor shall be advised that Drawing C-301 was revised in Addendum no. 01.


October 5, 2017

Form CU-078 (Rev. 1/4/99)

Q89. Drawing C-303 currently shows 2,462 Ft. of pipe to be TV inspected and yet Item

634.07060001 (TV Inspection) has a 7,000 Ft. Quantity. Are these specified lines the only lines to be TV inspected and cleaned as required? Why doesn’t these quantities correspond to Bid Item 622.03?

A89. TV Inspection is to be provided twice per location, once before construction and once after

construction. This is to compare and assess any damage that may have occurred during construction. Quantities of Items 634.07060001 and 621.03 have been revised (please see revised Bidders Proposal, Addenda no. 03 enclosed).

Q90. Drawing L-201 indicates Item 609.06010008 “Removal of Curb”. No such item exists on

the Bid Proposal sheets. Please correct. A90. Please see A23 above. Q91. Drawing L-301. Are we to assume that the current sidewalk at Paladino Avenue will be placed

adjacent to the existing curb at Paladino Avenue or will the existing curb be removed and replaced? Please clarify.

A91. Existing curb is to remain, the new sidewalk is to be placed adjacent to the existing curb at

Paladino Ave. Q93. Drainage Demolition Drawing C-304 to C-307 indicates existing pipe and drainage

structures to be abandoned. There is a pay item for abandoning drainage structures, however, no pay item for abandoning drainage pipe. Please establish an item for abandoning pipes.

A93. Abandonment of drainage pipe shall be included under Item 604.13000011, Abandoning

Drainage Structures. Q94. Bid Item 576.21 Downspout system indicates a pay quantity of 820 LF (Addend No. 1).

Drawing C-312 Table indicates 3,681 LF. Please clarify. A94. New downspouts shall be paid for under Item 576.21 for those runs listed under the “Scupper

Schedule - Steel Section” table and “Scupper Schedule - Concrete Section” table (total length of 820 LF, as shown on Bidder’s Proposal sheets and plans). No new downspouts are to be provided for the runs listed under the “Existing Scupper Schedule - Concrete Section” table and “Existing Scupper Schedule - Steel Section” table. Please see revised Drawing C-312 enclosed.

Q95. In reference to addendum 1, Question 12: Is it possible if temporary light or power is needed

that multiple pay units be developed for the required scope? A95. The intent of the design is to have the Contractor replace a complete light pole assembly

during daylight. If the Contractor is not able to achieve this, temporary lighting shall be provided according to Specification 260501.

Q96. The scope of the Lighting Bid Unit Items includes many work items that have historically

justified stand-alone bid units. A few examples are removals of conduits and wire, lighting poles and fixtures, removal storage and turnover of existing signs. We suggest bid units 265670.1 and 265671.1 be reviewed and developed as multiple separate bid units.

A96. Removal and replacement of Items 265670.1 and 265671.1 shall be bid as set forth in their

respective specifications.


October 5, 2017

Form CU-078 (Rev. 1/4/99)

Q97. The specification 265670 page 8 Paragraph 2.06 single conductor cable specifies Type

XHHW-2 insulation for wire. Where it is to be used is not specified. The only wire pay unit is defined as RHW insulation. Please clarify where each type is used and paid.

A97. All wiring for RK-22 shall be RHW-2. Q98. The Photometric testing scope requests it be done to LM-59-00. This test procedure is

designed around low pressure sodium lighting not the LED in this project. Is there a more specific procedure for this application?

A98. The luminaires shall be tested according to LM-79. Q99. Drawing L-802 (Note 3) refers to Bid Item 610.1102. Currently no such bid item exists.

Please clarify. A99. Drawing L-802 contains standard tree protection details. The condition of mulching behind

the protection fence for existing trees does not exist and as such the mulching is not quantified. Note 3 is deleted in its entirety and replaced with "Installation and maintenance of wood chips shall be paid for under tree protection item. Watering for existing tree where roots are preserved shall be paid for under tree protection item."

Q100. Item 615.43000011 Ground Surface Protective Mats (EE: 7,147 SF) (Drawing L-202, L-

203) Engineer’s Estimated Quantities appears to be in error (lower than actual). Please review Engineers’ Take-Off Sheets.

A100. The Bidder’s Proposal assumes “Ground Surface Protection Mats to be reused with

construction work sequence”, as shown on plans. The largest staging area was quantified.

Q101. Contract drawing C-326 shows the drainage pipe to be encased in Class A concrete, or to have a concrete cradle as shown on drawing C-327. Is the full length of the RCP pipe to be encased in concrete, or have a concrete cradle? Please clarify the length of concrete for the RCP piping.

A101. Provide concrete on cradle for all pipe entering DEP manholes EMH-11-M, EMH-10A-M,

and EMH-7-M. All pipes entering these manholes are now on concrete cradle. Item 555.0104 is added to the Drainage Sewer Schedule C-303 and to the callouts for their respective pipes.

Q102. Reference Drawing S-101. The legend states that unclassified excavation for the curtain wall

removal is included in Item 202.120001, however Section B states that the same excavation is included in Item 203.02. Please clarify under which item this cost should be included.

A102. Excavation depicted in Section B of Drawing S-101, shall be paid under Item 202.120001. Q103. Reference Drawing C-302. The legend appears to have many mistakes regarding the

drainage description and its associated pay item. For example, the NYCDEP Type 1 or Type 2 Catch Basin has Items 576.02 & 576.21 associated with it, but those pay items are for the scuppers and downspouts, respectively. Please consider revising the legend to match all descriptions and pay items correctly.

A103. Please refer to revised Drawing C-302 issued in Addenda no. 02.

Q104. Reference Drawing C-325. Please confirm that the detail titled “Modify Existing Drainage


October 5, 2017

Form CU-078 (Rev. 1/4/99)

Structure” is paid under Item 604.071101 rather than Item 604.07260011, which is the stated item for that detail.

A104. The detail is separated into Items 604.071101 and 604.0726011 details for clarity. Revised

Drawing C-325 is enclosed herein. Q105. Reference Spec Section 01557 and Bidder Proposal page BP-17. The pay item according to

the spec for the PVMS is 619.110205 and the pay item according to the Bidder Proposal is 619.110522. Given that 619.110522 is non-existent in the NYSDOT Standard Specs, please

confirm that the pay item for the PVMS should be 619.110205.

A105. Per NYSDOT Standard Specification dated January 1, 2017 (as required by general Note 1. on Drawing G-003), Item 619.1105XY indicates "Portable Variable Message Sign (PVMS) Standard Size - Full Matrix (LED)" with EA unit of measure. X indicates equipment options (2 = radar), and Y indicates cellular communication options (2 = cellular communications). Item 619.110522 therefore applies to "Portable Variable Message Sign (PVMS) Standard Size - Full Matrix (LED) Radar, Cellular Communications", as described in the Bidders Proposal. Pay item shown in Specification 01557 was revised from Item 619.110205 to Item 619.110522 in Addendum no. 02.

Q106. Are there any access restrictions for the NYC lot located underneath the ramp between

Piers 27 & 40? A106. There are no access restrictions to the NYC Lot located underneath the ramp between

Piers 27 & 40.

Q107. Horizontal/Overhead Concrete Repair shown on drawing S-007 calls for the removal of Structural Concrete to be replaced with Class D Concrete (Item 582.06). This approach

does not seem to be efficient due to Class D concrete’s high slump. May another approach, perhaps using concrete with lower slump, be used?

A107. Per NYSDOT Standard Specification Section 582, approved class D patching material may

be used for vertical and overhead concrete repairs. Another approach shall not be used. Q108. Will there be a stockpile area for soil? If so, please specify its location and size.

A108. No, there shall be no stockpiling of soil. Q109. In the revised Bidder’s Proposal distributed in Addendum #01, Item 576.2501 “Remove and Dispose of Downspout System” was removed. However, the Contractor is still required to

remove and dispose of the existing downspout system. Please clarify under which bid item this cost should now be included.

A109. The Bidder’s Proposal sheets have been revised to include Item 576.25000002, "remove

and dispose of downspout system". Q110. Reference Drawing C-326, Note 1. This note states that the upper payment limit for trench

and culvert excavation shall be the subgrade of the roadway. It does not specify what item the pavement removal will be paid under. Please specify under which item the pavement removal over the trenches will be paid.

A110. Remove pavement shall be paid for under Item 203.02, Unclassified Excavation and

Disposal. Q111. Reference Drawings S-103 – S-105 & S-108. Given that the scope of Item 202.120001 is


October 5, 2017

Form CU-078 (Rev. 1/4/99)

only to remove the curtain walls, please confirm that the excavation required for the column retrofits at the piers in these drawings should be paid under 203.02, rather than be incidental to

202.120001. A111. Excavation of soil shown in Drawings S-103, S-105 and S-108 shall be included in Item

202.120001. Filling in the excavation after the pier repairs are completed is to be paid for under Item 203.02.

Q113. Drawing S-101 shows unclassified excavation on the outside of the curtain wall to be paid

under item 203.02, but on drawing S-102 the excavation line is shown to be paid under item 202.120001. Please clarify under which item the excavation is to be paid.

A113. Excavation depicted in Section B of Drawing S-101, shall be paid under Item 202.120001. Q114. It is our understanding that all the structural steel for bid item #564.510001 is to receive a

three-coat paint system. Since all the repairs for this bid item are considered temporary “interim repairs” and the shop painted surfaces will incur a lot of damage during installation that will have to be repaired in the field, can the new steel be galvanized in lieu of the three-coat paint system?

A114. Structural steel in Item 564.510001 may be galvanized at no cost to the TBTA. Contractor

will assume all risk associated with this change, and will be financially responsible for any discrepancies between the actual cost of galvanizing and the estimated cost of shop painting.

Q116. Please refer to Section A on drawing S-007. This section provides the detail for Bid Item

#582.06 – Removal of Structural Concrete – Replacement with Class D Concrete. This repair detail requires the Contractor to place concrete against the underside of the existing concrete bridge deck. In our experience pouring cast-in-place concrete as shown in Section A is not standard practice. This procedure would lend itself to significant issues with the quality of the new concrete that could lead to safety issues in the future. Please advise if an alternative procedure would be entertained for the repairs for Bid Item #582.06.

A116. Please refer to A107. Q117. The Contractor is requesting the Geotechnical Report associated with this contract. A117. The Contractor should request access to the Engineering Information Center (Visitor

Appointment Request Form provided in Addendum no. 01) to review copies of reports and reference drawings.

Q118. The Contractor requests clarification of the method of measurement/ basis of payment for

Pneumatic Excavation as shown on drawing L-201 (Item 206.04010011). In the area adjacent to trees 515 and 514 pneumatic excavation is shown over a surface area greater than the limits shown for the pneumatic excavation detail.

A118. Pneumatic excavation is based on a 24” wide trench measured by the linear foot, as such

the measurement of a surface area wider than 24” is measured in 24” width segments. Q119. Please clarify if it is the intent of the engineer to pay the LFage as taken through the surface

area on the drawings or; is the excavation to be completed in 2 Ft trench sections and backfilled as per the detail, then repeat throughout the area as shown in increments of 2ft.

A119. The general purpose of pneumatic excavation is to expose underlaid tree roots in order to


October 5, 2017

Form CU-078 (Rev. 1/4/99)

preform work necessary, such as sidewalk replacement with minimal damage to existing roots. Based on the required work, the depth of pneumatic excavation varies; for sidewalk replacement the existing sub-base material should not be removed. The payment is based on 2ft wide trench sections as stipulated in A118 above.

Q120. The Contractor requests clarification of the hatched area shown on:

Drawing S-106 between column 2 &3, between column 4 & 5; Drawing S-107 between each .f the hatched area is concrete repair. Please also clarify the means of repair to this area and item which it is to be paid under. The hatch pattern is not represented similar to Concrete painting or Concrete removal and replacement shown on previous drawings.

A120. Hatching shown on Drawings S-106 and S-107 indicates the areas to be painted, and is intended to coincide with the concrete painting table set forth on Drawings S-106 and S-107. Concrete painting shall be paid for under Item 03900.1.

Q121. The Contractor requests clarification of information precedence. For bid purposes, please

confirm which takes precedence:

A. Plan/ Section dimensions and quantities as drawn (E.g. hatched areas of concrete painting); B. Tables on drawing sheets with estimated quantities (E.g. Concrete Painting Table on Drawing S-003 Rev 0). If A takes precedence, please confirm that actual quantity completed will be paid for as per the basis of payment. If B takes precedence, please confirm that the quantity shown on the table will be paid for regardless of quantity completed and measured on site.

A121. Payment shall be made for all areas of concrete repair and painting as measured by

Engineer. Concrete repair and concrete painting tables are intended to be used as estimated quantities, and are provided for bidding purposes.

Q122. Due to the complexity of the drawing relative to the determination of the shielding required

under the underdeck concrete repairs (Item 582.06), we respectfully request that a specific bid item for shielding be established. By doing this, the owner will ultimately benefit by having all bidders remove random contingency costs to the bid item.

A122. Please bid the item as is. Q123. Under Bid Item 582.06, we previously requested the use of shotcrete in lieu of Class “D”

concrete. Shotcrete has been used successfully on numerous NYCDOT and Port Authority projects. To accomplish the application as shown on Drawing S-007 is totally

impractical. We await your reconsideration. A123. Shotcrete is not to be used. It is a matter of means and methods, please bid as shown. Q124. Engineers’ Field Office (Section 01590). We address your attention to Paragraph 1.04C.

The existing months do not correspond! Please correct. We also request that the payment be changed from a Lump Sum pay item to a Unit Price item with the unit being Months.

A124. Specification 01590 is hereby revised and attached hereto. Payment for Engineer's Field

Office shall remain a lump sum item. Q125. Reference Drawing C-302 from Addendum #02. The scupper & downspout removals in the

legend now reference Item 576.2501 which was removed from the Bidder’s Proposal. Please advise.


October 5, 2017

Form CU-078 (Rev. 1/4/99)

A125. Item 576.25000002, "Remove and Dispose of Downspout System," to be added in Addendum no. 03.

Q126. Reference Drawing T-102 Note 1. Please clarify if the temporary plates referenced here

should have a non-skid surface, similar to the plates under Item 567.60, noted on Drawing S-010.

A126. All temporary steel plates used as a roadway surface shall have a non-skid surface. Q127. What are the allowable work hours in the parking lot below the viaduct from Piers 40 to 47? A127. Standard working hours shall be 7am through 3pm. However, the Contractor may be

allowed to work outside of the standard working hours. Q128. Reference page 01550-7 of the specs. What are the allowable work hours when closing the

right lane of the HRD SB? A128. HRB SB Off-Peak Right Lane Closure similar to HRB SB Off-Peak Left Lane Closure; per

table on page 01550-7 of Specification, “Closures may occur between 10 PM and 5 AM, 10 AM and 3 PM Monday to Friday. Closures prohibited during events/games at Yankee Stadium.”

Q129. Please provide specifications for Item 615.33010011. A129. Please refer to NYSDOT Special Specification for Item 615.33010011 enclosed. Q130. Please provide specifications for Item 607.41010010. A130. Please refer to NYSDOT Special Specification for Item 607.41010010 enclosed. Q131. Reference Drawing T-301, Section A. Please provide a detail for the “shell to allow work

beneath barrier.” A131. Steel shell barrier to be designed by the Contractor under NYSDOT Standard Specification

619-01.21, Temporary Structures and Approaches. Barrier is to be paid for under Item 619.01. For additional information, see page 619 of the specification.

Q132. Respective to the permanent steel shoring shown on Contract Drawing S-102, S-103, S-

104,& S-105; and specifically in regards to the excavation for shoring system how will the restoration be accomplished?

A132. Considered to be Contractor’s means and methods. Q133. Will the excavation limits shown on the above reference drawings be backfilled with soil and

is it intended for the structural steel be buried in soil without a concrete encasement? A133. No encasement needed. Q134. Please provide a pay item for Backfill of excavations shown on Contract drawings S-102 to

S-105. A134. Include under Item 203.03 – Embankment in Place Q135. Is it the intention to for the exposed ground beneath the cellular structure be left unpaved

once the curtain walls have been removed?


October 5, 2017

Form CU-078 (Rev. 1/4/99)

A135. The intention is to have the ground unpaved beneath the cellular structure. Q136. Reference Drawing C-301, Note 23 and Drawing C-326. The note on C-301 states that

abandoned drainage structures are only to be cut down 2’, filled with sand, and pipes plugged, meanwhile the detail on C-326 involves excavating to the bottom of the structures, filling the pipes with grout for the entire length, breaking the top & bottom slabs, and backfilling the hole. Please clarify the desired method for abandoning the drainage structures.

A136. A. Drainage systems that cannot be easily accessible should be filled. b. Drainage system that can be easily accessible should be completely removed.

Please be governed accordingly in submitting your bids for this solicitation. Please acknowledge this addendum on page BP-30 of the Bidder’s Proposal.

Sincerely, Susan Higgins Director Law & Procurement Department

bcc: W. Hickey

I. Huq A. Monteiro F. Solivan

File

Contract No. RK-22 Interim Repairs to the FDR Ramps to the RFK Bridge

Date: March 31, 2017 Rev.: 3

576.25000002 - 1

ITEM 576.25000002 - REMOVE AND DISPOSE OF DOWNSPOUT SYSTEM

DESCRIPTION

The work shall consist of removing and disposing of the existing downspouts and supports where indicated on the plans or as ordered by the Engineer. Unless otherwise noted, all material removed as part of this work shall be removed from the work site.

MATERIALS

Not applicable.

CONSTRUCTION DETAILS

The existing downspouts shall be disconnected and removed from the structure for their entire length. Supports attaching the downspouts to the structure shall be cut flush with the existing concrete by means satisfactory to the Engineer.

METHOD OF MEASUREMENT

The work shall be measured as the actual length measured to the nearest foot of downspouts removed and disposed of. Measurement will be taken along the center line of the downspout.

BASIS OF PAYMENT

The unit price bid per linear foot shall include the cost of all labor, material and equipment necessary to complete the work including the removal of all supports.



604.02XX0011 - 1

ITEM 604.02010011 - CATCH BASIN - TYPE 1 (NEW YORK CITY) ITEM 604.02020011 - CATCH BASIN - TYPE 2 (NEW YORK CITY) ITEM 604.02030011 - CATCH BASIN - TYPE 3 (NEW YORK CITY)

DESCRIPTION: This work shall consist of the construction of Catch Basins - Type 1, Type 2 and Type 3 (New York City) at the locations shown on the plans or as directed by the Engineer.

MATERIALS: Section 604-2.01 of the Standard Specifications shall apply with the following modifications and an addition: Catch Basins shall be built of Cast-in-Place Concrete - Class A or rectangular Precast Reinforced Concrete Manhole Units.

CONSTRUCTION DETAILS: Section 604-3.01, 3.02, 3.05 and 3.11 of the Standard Specifications shall apply. Catch Basins - Type 1, Type 2 and Type 3 shall be as shown on New York City Department of Water Resources Drawings T71, T72 and New York City Department of Environmental Protection Drawing 42, respectively, except that concrete cradles and encasement for pipes will not be required.

METHOD OF MEASUREMENT: Section 604-4.01 of the Standard Specifications shall apply.

BASIS OF PAYMENT: Section 604-5 of the Standard Specifications shall apply with the following additions: A. Hooks and Hoods. Hooks and Hoods, when called for on the plans, shall be included in the item cost. B. Plugging Pipes. The cost of all materials and labor necessary to plug pipe as called for on the plans shall be included in the price bid for "Plugging Pipes and Conduits."



607.41010010 - 1

ITEM 607.41010010 - TEMPORARY PLASTIC BARRIER FENCE

DESCRIPTION

This work shall consist of furnishing, installing, and maintaining Temporary Plastic Barrier. Fences of the type and at the locations shown in the plans or where directed by the Engineer.

MATERIALS

Materials for Temporary Plastic Barrier Fences shall meet the following requirements:

• Fence: High-density polyethylene mesh, ultraviolet-stabilized min. 2 years; minimum height 4.0 feet. Color: high-visibility orange or green. When used to protect trees or other vegetation, color shall be high-visibility orange.

• Posts: Rigid metal or wood posts, minimum length 6.0 feet.

• Ties: Steel wire, #14 gauge or nylon cable ties.

• Warning signs: Sheet metal, plastic or other rigid, waterproof material, 1.5 feet by 2.0 feet with 4 inch black letters on a white background. Text shall be: "Protected Site - Keep Out" unless otherwise specified.


Fences shall be erected prior to moving construction equipment onto any area designated for protection.

The line of fences as indicated on the plans shall be staked or marked out on the ground by the Contractor and approved by the Engineer before any fence is installed. Where used for protection of individual trees, fence shall be placed at the drip line (extent of canopy). If not possible, placement shall be as close to the drip line as possible and in no case less than 5.0 feet away from the tree trunk.

On approval of the stakeout, posts shall be securely driven on 6.0 foot-maximum centers, normal to the ground, to a depth 1/3 of the total post length. Plastic barrier fence shall be placed along the side of all posts. Ends of fencing segments shall overlap a distance of at least one half the fence height.

Fencing shall be secured to posts with wire or cable ties at top, middle and bottom of post. Fastener shall be tight enough to prevent the fencing from slipping down. Overlaps shall also be securely fastened.

Barrier fence which is not orange in color shall be flagged at 6.0 foot intervals with red or orange florescent tape. Warning signs shall be mounted on the fence at no more than 100 foot intervals.



607.41010010 - 2

Maintenance shall commence immediately after erection of the fence and continue until one week prior to acceptance of the contract, and shall consist of: replacing damaged post(s) and fencing; re-fastening and tightening fencing; and restoring fence to its intended height.

Fencing used for tree or other vegetation protection shall not be temporarily removed to allow equipment access over a protected area, except as required for items of work specifically shown on the plans and approved by the Engineer in writing.


The quantity to be measured for payment will be the number of feet of Temporary Plastic Barrier Fence erected, measured along the top, to the nearest whole foot.

BASIS OF PAYMENT

The unit price bid shall include the cost of all labor, materials and equipment necessary to satisfactorily complete the work. Relocation of a fence from one location to another as directed by the Engineer shall be considered as a new location and will be separately paid.

Seventy percent (70%) of the price bid will be paid after satisfactory installation of the fence. The remaining Thirty percent (30%) will be paid after complete removal of the fence.



615.33XX0011 - 1

ITEM 615.33XX0011 - TEMPORARY WOODEN TREE GUARD - NYCDPR

DESCRIPTION

This work shall consist of furnishing, installing, maintaining and removing temporary wooden tree guards around existing trees in accordance with the contract documents and as directed by the Engineer.

Definition:

Temporary wooden tree guard with (or without) tree wrap is intended to protect individual trees. Temporary wooden tree guard for groves shall enclose a group (or grove) of several trees.

MATERIALS

The following sections of the standard specifications shall apply:

Timber and Lumber 594-2

Bar Reinforcement, Grade 60 709-01

Epoxy-Coated Bar Reinforcement 709-04

Tree Guard: Lumber shall be Yellow Pine, Douglas Fir or Spruce. In addition to the requirements found in §712-13, lumber shall be free of cracks, deformities and bark. No paint will be required.

Hardware: Galvanized or stainless steel screws.

Tree Wrap: “Snow fencing” composed of High Density Polyethylene (HDPE) mesh.

Line Post/Stake: Line post/Stake shall be No. 4 rebar. Rebars shall be uncoated conforming to §709-01 or can be epoxy coated conforming to §709-04.


General: Temporary wooden tree guards shall be furnished and installed before commencing work on the site.

When directed, branches of existing trees shall be tied up to prevent tree injury during construction.

If temporary wooden tree guards or wrap are damaged before the authorized removal, they shall be immediately repaired, or replaced by a new temporary wooden tree guard or wrap at no additional expense.



615.33XX0011 - 2

Tree Wrap: When indicated for use in the contract documents, the tree wrap shall be carefully wrapped around the trunk of the tree above the root flare and secured with steel or aluminum tie wire. Tree wrap shall be installed prior to the installation of the tree guards.

Temporary Wooden Tree Guards: Temporary wooden tree guards shall be installed at the locations shown in the contract drawings. Posts for temporary wooden tree guards for individual trees shall be installed at the corners of the square enclosure as shown in the contract documents.

Posts for temporary wooden tree guards for groves shall be installed every eight feet on center (approximately), unless otherwise noted in the contract documents. Temporary wooden tree guards shall be installed with line post/stakes securely attached with galvanized or stainless steel screws to the wooden posts and driven 18” into the ground, without damage to existing trees.

Temporary wooden tree guards and wrap shall remain in place and not be moved or removed until,

• written permission is granted, AND

• all work which might cause damage or defacement has been completed.

Upon completion of the work, the Contractor shall remove and dispose of all temporary wooden tree guards and tree wrap.


Temporary Wooden Tree Guard With and/or Without Tree Wrap: The work will be measured as the number of each wooden tree guard with and/or without wrap furnished, installed, maintained and removed.

Temporary Wooden Tree Guard For Groves: The work will be measured as the number of linear feet to the nearest whole linear foot of temporary wooden tree guard for groves furnished, installed, maintained and removed. Linear feet will be measured along the top edge of the temporary wooden tree guard.

BASIS OF PAYMENT

Temporary Wooden Tree Guard With and/or Without Tree Wrap The unit bid price for each temporary wooden tree guard with and/or without wrap shall include the cost of all labor, materials and equipment necessary to satisfactorily complete the work. Tying of tree branches, as directed, is included in the cost of work.

Temporary Wooden Tree Guard For Groves: The unit bid price for each temporary wooden tree guard for groves shall include the cost of all labor, materials and equipment necessary to satisfactorily complete the work. Tying of tree branches, as directed, is included in the cost of work.



615.33XX0011 - 3

Progress Payments: Progress payments shall be made at the unit price bid for 75 percent of the quantity of temporary wooden tree guard with and/or without tree wrap and temporary wooden tree guard for groves installed. The remaining 25 percent will be paid upon final removal.

The work will be paid under the following payment items:

Item Number Description Units

615.33010011 Temporary Wooden Tree Guard without Tree Wrap – NYCDPR EA

Contract No. RK-22 Interim Repairs to the FDR Ramps

of the Robert F. Kennedy Bridge Date: March 31, 2017

Rev. 1

265670-1

SECTION 265670

MEDIAN BARRIER LIGHT STANDARD – TWIN ARM

PART 1 - GENERAL 1.01 SCOPE This work shall consist of:

a. Removing and disposing of existing Median Barrier Light Standards 8M–13M and 15M-16M with luminaires, conduit, and wiring as shown on the Plans and described in the Standard Specifications and these Special Provisions.

b. Furnishing and installing conduits and wiring, and making connections to roadway lighting circuits as shown on the Plans.

c. Furnishing and installing light poles with arms and luminaires as shown the Plans, as described in these Special Provisions, and as directed by the Engineer.

d. Furnishing and installing support steel as shown the Plans, as described in these Special Provisions, and as directed by the Engineer.

e. Testing of existing lighting circuits upon completion of work to ensure that the system is trouble-free and working to the satisfaction of the Engineer.

1.02 RELATED SECTIONS

01140 General Provisions 01330 Submittals 01450 Safety and Health Requirement 01453 Waste Management 01500 Temporary Facilities and Utilities 01530 Temporary Construction 01785 Contract Record Documents 09931 Incidental Painting Requirements 09940 Shop Applied Paint System for New Steel

1.03 REFERENCES

Standard Specifications of New York State Department of Transportation (NYSDOT Standard Specifications), Office of Engineering, dated May 1, 2017 with all addenda and revisions. Standard Sheets of New York State Department of Transportation (NYSDOT Standard Sheets), Office of Engineering.



Rev. 1

265670-2

American Association of State Highway and Transportation Officials (AASHTO), Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, Latest edition. National Fire Protection Association, National Electrical Code (NEC), 2017. American Society for Testing and Materials (ASTM)

1. A36 - Specification for Carbon Structural Steel

2. A123 – Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products

3. A240 – Specification for Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications

4. A312 – Specification for Seamless, Welded and Heavily Cold Work Austenitic Stainless Steel Pipes

5. A500 - Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes

6. A572 – Specification for High-Strength Low-Alloy Columbium-Vanadium Structural Steel

7. B3 – Specification for Soft and Annealed Copper Wire

8. B8 – Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard or Soft

9. D149 – Test Method for Dielectric Breakdown Voltage and Dielectric Strength of Solid Electrical Insulating Materials at Commercial Power Frequencies

10. D570 – Test Method for Water Absorption of Plastics

11. D2105 – Test Method for Longitudinal Tensile Properties of “Fiberglass” (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe and Tube

12. D2412 – Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading

13. D2444 – Test Method for Determination of the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a Tup (Falling Weight).

Underwriters Laboratories (UL)

1. UL 6 – Electrical Rigid Metal Conduit – Steel 2. UL 44 – Thermoset-Insulated Wires and Cables



Rev. 1

265670-3

3. UL 854 – Service-Entrance Cables

4. UL 1684 – Reinforced Thermosetting Resin Conduit (RTRC) and Fittings Applicable standards of American National Standards Institute (ANSI) C80.1 – Specification for Rigid Steel Conduit, Zinc-Coated

C136.2-2004 – American National Standard for Roadway and Area Lighting Equipment – Luminaire Voltage Classification

C136.22-2004 – American National Standard for Roadway and Area Lighting Equipment – Internal Labeling of Luminaires C136.31-2010 – American National Standard for Roadway Lighting Equipment – Luminaire Vibration

Military Specifications (MIL)

MIL-C-882E – Cloth, Duck Cotton or Cotton-Polyester Blend, Synthetic Rubber, Impregnated, and Laminated: Oil Resistant

1.04 BASIC ELECTRICAL REQUIREMENTS All work shall be performed in accordance with the contract drawings and specifications. The existing electric service, and all existing lighting fixtures, communications equipment, signaling and monitoring devices of the bridge within the construction areas shall be protected and maintained operational at all times during the construction. PART 2 – PRODUCTS 2.01. ALUMINUM LAMPPOST CONSISTING OF 25 FT SHAFT AND 8 FT TWIN ARM

WITHOUT TRANSFORMER BASE The provisions of the Standard Specification Item 670.11251111 Aluminum Lamppost Consisting of 25 ft Shaft and 8 ft Twin Arm w/o Transformer Base shall apply. 2.02. LED LUMINAIRE Manufacturer and Model:



Rev. 1

265670-4

LED Luminaire shall be LED Roadway Lighting Ltd. NXT-M Series, Type II with backlight control, 450mA drive current, 60 LED, 84 Watt, 5000K CCT. Furnish UL Listed LED type cobra-head roadway luminaires for light pole mast arm mounting per UL1598 and 1598A for wet locations. Luminaires shall be rated for operation over the range (-) 40°C to +40°C. Performance: The combined operating life rating of optics package and power supply shall be 60,000 hours minimum where end-of-life shall be taken as the point where lumen output has decreased to 70% of the initial value. The LED life projection shall be based on IESNA LM-21. Photometrics: The luminaire shall be available with optional optics packages for various IES distributions, cutoff characteristics and spill light control. IES Type and cutoff shall be Type II with backlight control. Housing: The housing and access covers shall be single piece die-cast aluminum alloy protected with an electrostatically applied polyester powder coating inside and out; corrosion-resistant passing 3000 hour salt spray test; the luminaire as a complete assembly shall be rated IP66. The EPA shall be less than 1.4 sqft. Construction: The luminaire shall be modular to the extent that the optics package and power supply are separate and removable from the housing and that failure of any part thereof would not require total replacement of the luminaire. The optics package and the power supply shall be sealed against the entry of moisture and dirt where the branch circuit enters the housing. Thermal Management: Heat sinks shall be integral with the cast aluminum housing. Fin design and gap spacing shall provide required heat dissipation at the highest operating current but shall be arranged and oriented such that bird droppings and feathers from roosting birds cannot foul the airways and compromise the cooling efficiency. A self-cleaning heat sink design without requiring the use of hose spray is required by this application. Vent holes and slots subject to fouling because of size or placement are not acceptable. A hinged or otherwise non-detachable access cover to the LED driver (power supply) compartment shall be secured with a single latch and be removable without tools for maintenance or troubleshooting. Hardware: All internal components and attaching hardware shall be corrosion-resistant. All exposed attaching hardware shall be stainless steel. All hardware and mounting clamps shall be rated for 3G vibration per ANSI 136.31. Slip fitter Mounting: The housing shall be designed for slip-fit mounting to a tenon for mast arm mounting to a light pole. Hardware and bolts necessary to secure the luminaire to the pole arm tenon shall be integral with the luminaire and corrosion-resistant. The attachment design and bolt



Rev. 1

265670-5

specification shall include the effects of torsion created by off-center forces due to devices integral to the luminaire. The slip fitter attachment fastenings shall provide positive locking to prevent the slip fitter from sliding off the tenon. Slip fit shall be designed for standard 2⅜ inch tenons. Wiring Connections: Branch circuit wiring to the luminaire shall be via the mast arm tenon through the slip fit. Wiring shall be secured inside the luminaire with an integral wire clamp to prevent movement and abrasion. The incoming AC line conductors (#10AWG) shall be terminated in a polarized plug/receptacle combination so that the luminaire may be locally deenergized and the plug removed without presenting a shock hazard or the potential for shorting the conductors together or to ground. The luminaire shall be designed to be removable once the plug is removed from the receptacle (any such maintenance shall normally be performed while the branch circuit connecting to the plug remains energized - the plug shall be weather-protected in case the luminaire cannot be replaced immediately). Grounding lug connected to the housing shall be provided. Luminaire weight shall not exceed 40 pounds (lbs). All factory wiring shall be temperature rated for the luminaire operating temperature. Photocell : Not required. LED drivers used in the luminaires shall be of the luminaire manufacturer’s design and/or specification subject to the same operating requirements, quality assurance program and terms of warranty as the luminaire. Driver specification: Type: Switching-type with constant current output; commercial grade with electrolytic capacitors life rating of 60,000 hours or better at 85 Deg. C. Other components with limited shelf life or subject to degradation over time shall not be used on the driver circuit board rated minimum operating life for the driver shall not be less than the operating life of the overall LED package measured to 30% depreciation of initial lumen output. Input Voltage: 277VAC, +10%, -15%; LED drivers designed for multi-voltage input (120-277V) shall automatically select for the connected voltage or shall be clearly marked at the point of connection for the particular voltage.



Rev. 1

265670-6

Drivers shall be overload/overcurrent protected on the AC line side connection preferably with an electronic resettable device or a fuse; fuses shall be protected in tool-less, finger-safe holders and shall be replaceable without removing incoming power. A shielded and replaceable surge protective device (rated ANSI C62.41 Category C) shall be provided integral with the luminaire/driver package to dissipate transient voltages appearing on the AC input. Output: Constant current. The LED optics package shall be designed to meet the lighting requirements as specified herein with a drive current no greater than 350mA but shall be designed and capable of continuous operation within allowable temperature limits up to 525mA in order to meet special application requirements. Operating Temperature Range: (-)40 to (+)40 deg C The minimum MTBF shall be one million hours in accordance with Telcordia SR-322 performed by an independent laboratory at the operating current required by the application and at the maximum rating of the driver. LED driver efficiency shall be 90% or higher with power factor greater than 90% at any drive current. LED driver shall in compliance with FCC 47 CFR Part 15. Optics package: Consisting of one or more LED modules or ‘light bars’ each comprised of multiple LED’s. The number of LED modules used shall be based on the required lumen output. The optics package with the required number of light bars shall be rated with the housing for 3G’s vibration. The optics package (light bars) shall be rated IP66. Manufacturers of LED’s shall have been in the business for 15+ years, engaged in research, development and marketing of LED wafers and shall have patents on these and related products. Qualified manufacturers of LED’s include:

1. NICHIA

2. CREE

3. Others when certified by the luminaire manufacturer to meet the performance and quality control standards equivalent to those named

LED’s used by the luminaire manufacturer shall be identified and direct-sourced from the manufacturer of the LED and shall be certified by the manufacturer of the luminaire as being the LED type and rating used in the manufacture and design of the photometric and thermal characteristics of the particular luminaire.



Rev. 1

265670-7

LED’s shall be color matched for all light bars on any given luminaire to a Correlated Color Temperature (CCT) of 5000°K minimum, 5500°K maximum with CRI of 70. Consisting of one or more LED modules or ‘light bars’ each comprised of multiple LED’s connected such that individual LED failures may occur without affecting any other LED’s in the column and row where the failed LED occurred. Quality control checks, specifications and binning procedures used by the manufacturer of the luminaire shall be submitted along with the luminaire specification sheets and shop drawings. Light Loss Factor: calculated at 15 years (minimum 11 hours of operation each day) combining Light Lumen Depreciation (LLD) calculated at the maximum operating junction temperature, the Luminaire Dirt Depreciation (LDD) and an efficiency factor relating power supply degradation to light loss shall be greater than 30 percent. LED maximum rated junction temperature: The overall design of the thermal package shall provide a temperature margin when operating at the maximum rated driver current in a 50°C ambient temperature not to exceed the maximum allowable LED junction temperature. Furnish extra materials listed below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. Furnish one of each type for every twenty installed:

1. LED modules

2. LED drivers

3. Fuses if used or other field replaceable, consumable parts indicated by the manufacturer

4. Two (2) spare luminaires in addition to the above spare parts. Spare parts shall be inventoried by the Contractor during construction and any parts thereof used during construction shall be replaced and the full complement of parts shall be turned over to the Client after Substantial Completion of the work. 2.03. VIBRATION DAMPENING PAD AND WASHERS Each light pole mounted on the structure shall be provided with a pole base vibration dampening pad and washers as shown on the contract drawings. The vibration dampening pad shall be ½-inch thick, accurately cut to fit the pole base furnished for installation. The pad material shall be in accordance with NYSDOT Standard Specifications 728-01.



Rev. 1

265670-8

The breakdown limit of the vibration pad under compressive loading shall be not less than 7000 psi for the specified thickness without extrusion or detrimental reduction in thickness. The surface hardness expressed in standard rubber hardness figures shall be 80 Shore A Durometer plus or minus 10 Durometer average. The operating temperature shall range from minus 65 degrees to plus 200 degrees Fahrenheit. The pad shall exhibit a maximum load deflection of 10% at 1000 psi when tested in accordance with Military Specifications MIL-C-882E. The composite washer shall be furnished with dimensions as shown on contract drawings. The washer shall consist of 21 plies of 8 oz. cotton duck impregnated with high quality rubber. The Shore Durometer hardness shall be approximately 90. The vibration pad and washer shall be manufactured by Fabreeka International, or an approved equal. 2.04. RIGID CONDUIT FOR OUTDOOR INSTALLATION Rigid conduits and fittings for outdoor installation shall be hot-dip galvanized steel, conforming to ANSI Standard C80.1 and U.L. Standard UL 6. Unless otherwise shown on contract drawings, U-bolts, conduit clamps, and supports used for conduit mounting, conduit bodies, pulling elbows and couplings shall be hot-dip galvanized steel with stainless steel hardware. 2.05. FLEXIBLE CONDUIT The flexible conduit shall be liquid-tight steel conduit meeting the requirements of the NYSDOT Standard Specifications, section 723-24. 2.06. SINGLE CONDUCTOR CABLE The single conductor cable shall be U.L. listed, type XHHW-2 as designated by Underwriter’s Laboratory Specifications and shall be rated for operation at 600 Volts AC or less in wet or dry locations, at temperatures not to exceed 90°C. The conductors shall meet or exceed UL Standard 44, Federal specification A-A-59544, requirements of the National Electrical Code, and construction requirements of ICEA S-95-658 (NEMA WC 70). The conductors shall be annealed (soft) copper, with abrasion, moisture, and heat resistant cross-linked polyethylene (XLP) insulation. Conductors shall be color-coded for phase identification as follows: Phase A conductor: Black Phase B conductor: Red Phase C conductor: Blue Neutral conductor: White Equipment grounding conductor: Green.



Rev. 1

265670-9

Conductor identification shall also conform to requirements of National Electrical Code, Rule 310.12. In addition, the insulation type, voltage rating and wire size shall be clearly and permanently imprinted throughout the length of each conductor. 2.07. STRUCTURAL STEEL SUPPORT Structural steel and hardware shall meet the requirements of the NYS Steel Construction Manual and the NYSDOT Standard Specifications Section 564-2, Materials. Pipe Material shall meet the requirements of ATSM A500 Gr B. PART 3 - EXECUTION The work under this section shall be executed as described herein and in accordance with the applicable requirements described in the following sections of the NYSDOT Standard Specifications, except as modified by the contract drawings or as directed by the Engineer: Section 644-3.02D Pole Markings

Section 670-3.01 Plans Section 670-3.07 Conduit Section 670-3.10 Luminaires Section 670-3.12 Single Conductor Cable and Single Conductor Direct Burial Cable Section 670-3.14 Regulations Section 670-3.15 Prosecution of Work Section 670-3.16 Tests

REMOVALS The removal of existing lighting poles and associated conduits and wiring shall be coordinated with other construction work and be performed at an appropriate time in the construction staging. The removal shall include the following work:

A. Coordinate any electrical service outages necessary for the demolition work with the TBTA, NYCDOT, and the Engineer.

B. De-energize existing lighting poles, fixtures, electrical equipment and devices prior to removal by disconnecting the relevant distribution circuits. Cap and insulate all wire ends.

C. Remove all existing lighting poles including pole arms, luminaires, conduit, wiring and electrical equipment to accommodate the construction as shown on contract drawings. Remove all existing conduits, wiring and mountings associated with the removed lighting poles and equipment to the nearest junction box or terminals which are to remain and will not be affected by the construction.

D. Plug all removed conduit openings in junction boxes and enclosures. Cap and insulate all open ends of circuits whether they are energized or de-energized.

E. Tightly secure all covers of existing enclosures disturbed by the demolition work.



Rev. 1

265670-10

F. Replace in kind, or repair any damage caused by the demolition to the satisfaction of the Engineer.

G. Maintain access to existing installations which remain active. H. Properly dispose of all removed materials, which shall become the property of the

Contractor, away from the construction site. I. Carefully remove, without damaging, existing equipment to be removed, salvaged,

stored, and reinstalled. Deliver the equipment to be reinstalled to the TBTA storage yard as directed by the TBTA.

3.01 ALUMINUM LAMPPOST CONSISTING OF 25 FT SHAFT AND 8 FT TWIN ARM

WITHOUT TRANSFORMER BASE The provisions of the Standard Specification Item 670.11251111 Aluminum Lamppost Consisting of 25 ft Shaft and 8 ft Twin Arm w/o Transformer Base shall apply.

3.02 LED LUMINAIRE Luminaire Mounting: Pole position and spacing, height above roadway of luminaire center, mast arm length, i.e., position of luminaire over the roadway and tilt shall be in accordance with the Contract drawings. Furnish, mount and wire luminaires as indicated on the Plans and as specified herein. Cover all chips and scratches on luminaire housings using a protective coating recommended by or provided by the manufacturer of the luminaire. Clamp the conductors inside the luminaire so that the conductor tension is not supported from the luminaire terminal block in accordance with NEC 300.19 and so that the conductors if disconnected from the luminaire cannot recede into the mast arm or pole. Complete the branch circuit work in accordance with the Plans. Install in-line watertight fuse holder and fuse (Type FNQ-R, 5A) as indicated on the Plans of the required type and rating. Pole Numbering: Verify the poles have been numbered as indicated on the Plans. PHOTOMETRIC TESTING The Contractor shall hire an independent testing agency to measure luminance and illuminance on the roadway in accordance with IESNA Lighting Measurements LM-79-00 Photometric Measurements of Roadway Lighting Installations and provide a final report for review and acceptance by the Engineer. Testing agency’s qualifications shall be reviewed and approved by



Rev. 1

265670-11

the Engineer. All test equipment shall be properly calibrated and certified. Contractor shall use latest IESNA Lighting Measurement standard available for LEDs at the time of installation. Provide necessary personnel, equipment, tools and materials to demonstrate to the Engineer that the indicated luminance and illumination levels are met. Photometric performance of installed units shall meet the following criteria: Average maintained horizontal illuminance at roadway level at grade on the roadway surface: 2.0 footcandles. Average to Minimum Uniformity Ratio (Illuminance): 3 to 1 Veiling Luminance Ratio (Maximum allowed): 0.3 to 1 Contractor shall prepare a written report illustrating all measurements indicated above. Report shall include a review of the tests completed, all inspections, observations, and verifications indicating interpreted results. If adjustments are made to lighting system, retest to demonstrate compliance with standard. 3.03 VIBRATION DAMPENING PAD AND WASHERS

3.04 RIGID CONDUIT FOR OUTDOOR INSTALLATION Conduit supports shall be provided to support the conduit at intervals not exceeding 4 feet or as directed by the Engineer. All bends in the conduit shall be made without kinking, flattening or appreciably reducing the internal diameter of the conduit. A hydraulic or power pipe bender shall be employed, unless a template is used, for all bends in steel conduit. No bends will be accepted for exposed conduit which shows any evidence of destruction of the protective coating. Where conduits terminate at pullboxes, the Contractor shall break into the pullbox and seal, usually with mortar, the remainder of the hole(s) in a manner acceptable to the Engineer. Sealed bonding bushings shall be provided at each conduit outlet in boxes. Bushing caps, to prevent entry of dirt and refuse prior to pulling cables, shall be placed on all conduit ends. All conduits installed shall be tested for clear bore and correct installation by the Contractor using a ball mandrel, brush and snake before the installation will be accepted. Two short wire brushes shall be included in the mandrel assembly. Snaking of conduits shall be done by the Contractor in the presence of the Engineer. Any conduit which rejects the mandrel shall be cleared and the Contractor shall bear all costs to replace defective conduit and restore surface to original condition.



Rev. 1

265670-12

Numbers or letters shall be assigned to the various conduit runs, and as they test clear, they shall be identified by a brass tag, no less than 1 1/4 inch in diameter, attached by means of No. 20 AWG brass wire. All conduit terminations in pole bases or pull boxes shall be tagged. As the conduit runs test clear, a record shall be kept under the heading of “Empty Conduits Tested, Left Clear, Tagged and Capped,” showing conduit designation, diameter, location, date tested and by whom. When completed, this record shall be signed by the Electrical Inspector and submitted in triplicate for approval. This record shall be entered on the Record Drawings. All empty conduit and duct openings after test, shall be capped or plugged by the Contractor as directed. After a conduit is properly installed and cleaned, the Contractor shall furnish and install in each conduit run a No. 10 AWG galvanized steel drag line or nylon or polypropylene rope, with a tensile strength of at least 500 pounds, leaving at least 3 feet of extra line in each pull box, transformer base, or other terminus. If cable is not pulled through the conduit within thirty days, the steel drag shall be grounded to a suitable grounding device at each end of the circuit. All metallic connections shall be tight to assure continuity of ground bondings. 3.05 FLEXIBLE CONDUIT Use of flexible conduits shall be limited to: where explicitly shown on the Plans, existing locations requiring replacement, or where flexibility is otherwise required. A conduit body or box shall be provided on at least one side of all flexible conduits. Flexible conduits shall be supported within 12 inches of all terminations, and at regular intervals not to exceed 3 feet.

3.06 SINGLE CONDUCTOR CABLE The following work shall be included in the installation of conductors:

A. Provide an equipment grounding conductor in each conduit run. The grounding conductor shall be sized in accordance with article 250 of the NEC and with the size of the largest phase conductor in the conduit.

B. Make circuit connections of all lighting poles and other electrical equipment to the correct circuit and phase, and to the correct color coding of each conductor. Branch circuits taps to each lighting pole and other electrical equipment from the circuit feeders shall be made with solderless parallel tap connectors with the amperage rating at least equal to that of the conductors and with insulation thickness at least equal to that of the wire insulation. Insulating method shall be as described in NYSDOT section 670-3.12. Connectors shall allow the circuit taps to be disconnected without disturbing the remainder of the circuit.



Rev. 1

265670-13

C. Secure and support conductors in each junction box such that the conductors are not placed on the bottom of the junction box.

D. Identify each conductor in each enclosure or junction box where a splice, tap or termination is made. Each conductor shall be labeled using the wire numbers identified on the working drawings. Wire labels shall be permanent and weather-proof. Hand lettering or hand marking is not acceptable.

E. Test conductors for circuit continuity and for any unintentional short-circuit or grounding. Properly repair or replace the conductor which fails the test prior to making circuit connections or energizing circuits.

3.07 STRUCTURAL STEEL SUPPORT Structural steel and all associated structural hardware shall meet the requirements of the New York State Steel Construction Manual and the NYSDOT Standard Specifications Section 564-3, Construction Details. Removal of existing structural steel shall meet the requirements of the NYS Steel Construction Manual and the NYSDOT Standard Specifications Section 589-3, Construction Details. 3.08 TESTS After the erection of the light poles and prior to connecting to the roadway lighting circuits, the Contractor shall test the circuit of each light pole at the light pole junction box including the remote ballast, and test each roadway lighting circuit for circuit continuity, short-circuits, and un-intentional grounding. The insulation test as described in the NYSDOT section 670-3.16, Tests, shall also be performed for each light pole. After the satisfactory completion of the equipment and circuit tests, each light pole circuit shall be connected to the correct phase of the roadway lighting circuit as shown on the Plans. The above tests shall be performed in addition to the required tests as described in the NYSDOT Standard Specifications, section 670-3.16, Tests. The Contractor shall perform functional tests with the equipment grounding wire connected at each equipment and with the roadway lighting circuits energized. Functional tests shall be performed to ensure that the entire lighting system is trouble-free and functions to the satisfaction of the Engineer. All tests shall be performed by experienced technicians. Should any test fail, the Contractor shall repair the circuits and repeat all tests, or perform any additional test as directed to the satisfaction of the Engineer. PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT



Rev. 1

265670-14

Measurement will be for each light standard completely replaced (where applicable this constitutes the removal and the subsequent installation at a single location) in accordance with the plans, specifications and direction of the Engineer. 4.02 PAYMENT The unit price per each Median Barrier Light Standard shall the cost of furnishing all labor, materials, and equipment necessary to complete the work of replacing the Median Barrier Light Standards. The cost of testing and associated appurtenances shall be included in the unit price. Payment will be under: Item No. Item Pay Unit 265670.1 MEDIAN BARRIER LIGHT STANDARD – TWIN ARM EACH

***** END OF SECTION *****

Contract No. RK-22 Interim Repairs to the FDR Ramps of the RFK Bridge

Date: March 31, 2017 Rev. 3

265671-1

SECTION 265671

EDGE BARRIER LIGHT STANDARD

PART 1 - GENERAL 1.01 SCOPE This work shall consist of:

a. Remove, salvage, and store existing luminaire for reinstallation on new light standard. b. Removing and disposing of existing Edge Barrier Light Standards 48M and 4MS (with

exception of luminaires) with conduit and wiring as shown on the Plans and described in the Standard Specifications and these Special Provisions.

c. Furnishing and installing conduits and wiring, and making connections to roadway lighting circuits as shown on the Plans.

d. Furnishing and installing light poles with arms as shown the Plans, as described in these Special Provisions, and as directed by the Engineer.

e. Furnishing and installing support steel as shown the Plans, as described in these Special Provisions, and as directed by the Engineer.

f. Testing of existing lighting circuits upon completion of work to ensure that the system is trouble-free and working to the satisfaction of the Engineer.

1.02 RELATED SECTIONS

01140 General Provisions 01330 Submittals 01450 Safety and Health Requirement 01453 Waste Management 01500 Temporary Facilities and Utilities 01530 Temporary Construction 01785 Contract Record Documents 09931 Incidental Painting Requirements 09940 Shop Applied Paint System for New Steel

1.03 REFERENCES

Standard Specifications of New York State Department of Transportation (NYSDOT Standard Specifications), Office of Engineering, dated May 1, 2017 with all addenda and revisions. Standard Sheets of New York State Department of Transportation (NYSDOT Standard Sheets), Office of Engineering. American Association of State Highway and Transportation Officials (AASHTO), Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, Latest edition. National Fire Protection Association, National Electrical Code (NEC), 2017.



265671-2

American Society for Testing and Materials (ASTM)

1. A36 - Specification for Carbon Structural Steel

2. A123 – Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products

3. A240 – Specification for Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications

4. A312 – Specification for Seamless, Welded and Heavily Cold Work Austenitic Stainless Steel Pipes

5. A572 – Specification for High-Strength Low-Alloy Columbium-Vanadium Structural Steel

6. B3 – Specification for Soft and Annealed Copper Wire

7. B8 – Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard or Soft

8. D149 – Test Method for Dielectric Breakdown Voltage and Dielectric Strength of Solid Electrical Insulating Materials at Commercial Power Frequencies

9. D570 – Test Method for Water Absorption of Plastics

10. D2105 – Test Method for Longitudinal Tensile Properties of “Fiberglass” (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe and Tube

11. D2412 – Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading

12. D2444 – Test Method for Determination of the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a Tup (Falling Weight).

Underwriters Laboratories (UL)

1. UL 6 – Electrical Rigid Metal Conduit – Steel 2. UL 44 – Thermoset-Insulated Wires and Cables 3. UL 854 – Service-Entrance Cables

4. UL 1684 – Reinforced Thermosetting Resin Conduit (RTRC) and Fittings

Applicable standards of American National Standards Institute (ANSI) C80.1 – Specification for Rigid Steel Conduit, Zinc-Coated

C136.2-2004 – American National Standard for Roadway and Area Lighting Equipment – Luminaire Voltage Classification



265671-3

C136.22-2004 – American National Standard for Roadway and Area Lighting Equipment – Internal Labeling of Luminaires C136.31-2010 – American National Standard for Roadway Lighting Equipment – Luminaire Vibration

Military Specifications (MIL)

MIL-C-882E – Cloth, Duck Cotton or Cotton-Polyester Blend, Synthetic Rubber, Impregnated, and Laminated: Oil Resistant

1.04 BASIC ELECTRICAL REQUIREMENTS All work shall be performed in accordance with the contract drawings and specifications. The existing electric service, and all existing lighting fixtures, communications equipment, signaling and monitoring devices of the bridge within the construction areas shall be protected and maintained operational at all times during the construction. PART 2 – PRODUCTS 2.01. LIGHT POLE AND ARM All provisions as indicated on the Plans, the Standard Specifications, and in these Special Provisions shall apply. POLES AND SUPPORT COMPONENTS, GENERAL REQUIREMENTS Structural Characteristics: Comply with AASHTO LTS-4.

1. Wind-Load Strength of Poles: Adequate at indicated heights above grade without failure, permanent deflection, or whipping in steady winds of speed indicated in Part 1 "Structural Analysis Criteria for Pole Selection" Article, with a gust factor of 1.3.

2. Strength Analysis: For each pole, multiply the actual equivalent projected area of

luminaires and brackets by a factor of 1.1 to obtain the equivalent projected area to be used in pole selection strength analysis.

Luminaire Attachment Provisions: Comply with luminaire manufacturers' mounting requirements. Use stainless-steel fasteners and mounting bolts, unless otherwise indicated. Mountings, Fasteners, and Appurtenances: Corrosion-resistant items compatible with support components.

1. Materials: Shall not cause galvanic action at contact points.

2. Anchor Bolts, Leveling Nuts, Bolt Caps, and Washers: Hot-dip galvanized after fabrication, unless stainless-steel items are indicated.



265671-4

3. Anchor-Bolt Template: Plywood or steel. ALUMINUM POLES Poles: ASTM B 209, 5052-H34 marine sheet alloy with access handhole in pole wall.

1. Shape: Decorative, square.

2. Mounting Provisions: Butt flange for bolted mounting on foundation or breakaway support.

3. Fiberglass Reinforced Polyester Ornamental Base.

Tenons: Fabricated to support luminaire or luminaires and brackets indicated, and securely fastened to pole top. Grounding and Bonding Lugs: Welded 1/2-inch threaded lug, listed for attaching grounding and bonding conductors of type and size listed in that Section, accessible through handhole, and conforming to the following requirements:

1. Exothermic Type Weld: Erico Products Inc.'s Cadweld Process, or approved equal. Refer to drawings for individual components. Utilize type GT, RJ, HA, HS for ground connections to structural components.

2. Ground Clamps (Cable to Pipe): Burndy Corp.'s GAR, GD, GP, GK, OZ/Gedney Co.'s

ABG, CG, DG, EG, FG, HG, or Thomas & Betts Corp.'s 3902 BU Series, or approved equal.

3. Ground Clamps (Cable to Rod): Joslyn Mfg. & Supply Co.'s J8A92AB, or McGraw-

Edison Co's DN13G5, or approved equal.

4. Ground Lugs: Burndy Corp.'s Hylug YGHA-2N Series, Thomas & Betts Corp.'s 54204 Series, 54850 Series, or approved equal.

5. Compression Connectors: Amp Special Industries' Ampact Grounding System, Burdy

Corp.'s Hyground System, Thomas & Betts Corp.'s Grid and Ground Rod System, or approved equal.

6. Ground Rods: 3/4" x 10'-0" long copper weld sections.

7. Grounding Electrode Conductors and Bonding Conductors: Copper conductors, bare or

insulated with RHW green colored insulation.

8. Hardware: Silicon-bronze bolts, nuts, flat and lock-washers etc. as manufactured by Burndy Corp., Dossert Corp., OZ/Gedney Co., or approved equal.

9. Equipment Ground Bus: 98% conductivity copper of the sizes shown.

10. Copper Cable: 98% conductivity copper, stranded of the sizes shown or required.



265671-5

Aluminum Finish: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes.

1. Natural Satin Finish: Provide fine, directional, medium satin polish (AA-M32); buff complying with AA-M20; and seal aluminum surfaces with clear, hard-coat wax.

POLE ACCESSORIES Base Covers: Manufacturers' standard metal units, arranged to cover pole's mounting bolts and nuts. Finish same as pole. Transformer Type Base: Same material and color as pole. Coordinate dimensions to suit pole's base flange. 2.02. LED LUMINAIRE

Manufacturer and Model: LED Luminaire shall be LED Roadway Lighting Ltd. NXT-M Series, Type III with backlight control, 600mA drive current, 72 LED, 135 Watt, 5000K CCT. Furnish UL Listed LED type cobra-head roadway luminaires for light pole mast arm mounting per UL1598 and 1598A for wet locations. Luminaires shall be rated for operation over the range (-) 40°C to +40°C. Performance: The combined operating life rating of optics package and power supply shall be 60,000 hours minimum where end-of-life shall be taken as the point where lumen output has decreased to 70% of the initial value. The LED life projection shall be based on IESNA LM-21. Photometrics: The luminaire shall be available with optional optics packages for various IES distributions, cutoff characteristics and spill light control. IES Type and cutoff shall be Type III with backlight control. Housing: The housing and access covers shall be single piece die-cast aluminum alloy protected with an electrostatically applied polyester powder coating inside and out; corrosion-resistant passing 3000 hour salt spray test; the luminaire as a complete assembly shall be rated IP66. The EPA shall be less than 1.4 sqft. Construction: The luminaire shall be modular to the extent that the optics package and power supply are separate and removable from the housing and that failure of any part thereof would not require total replacement of the luminaire. The optics package and the power supply shall be sealed against the entry of moisture and dirt where the branch circuit enters the housing. Thermal Management: Heat sinks shall be integral with the cast aluminum housing. Fin design and gap spacing shall provide required heat dissipation at the highest operating current but shall be arranged and oriented such that bird droppings and feathers from roosting birds cannot foul the airways and compromise the cooling efficiency. A self-cleaning heat sink design without requiring the use of hose spray is required by this application. Vent holes and slots subject to fouling because of size or placement are not acceptable.



265671-6

A hinged or otherwise non-detachable access cover to the LED driver (power supply) compartment shall be secured with a single latch and be removable without tools for maintenance or troubleshooting. Hardware: All internal components and attaching hardware shall be corrosion-resistant. All exposed attaching hardware shall be stainless steel. All hardware and mounting clamps shall be rated for 3G vibration per ANSI 136.31. Slip fitter Mounting: The housing shall be designed for slip-fit mounting to a tenon for mast arm mounting to a light pole. Hardware and bolts necessary to secure the luminaire to the pole arm tenon shall be integral with the luminaire and corrosion-resistant. The attachment design and bolt specification shall include the effects of torsion created by off-center forces due to devices integral to the luminaire. The slip fitter attachment fastenings shall provide positive locking to prevent the slip fitter from sliding off the tenon. Slip fit shall be designed for standard 2⅜ inch tenons. Wiring Connections: Branch circuit wiring to the luminaire shall be via the mast arm tenon through the slip fit. Wiring shall be secured inside the luminaire with an integral wire clamp to prevent movement and abrasion. The incoming AC line conductors (#10AWG) shall be terminated in a polarized plug/receptacle combination so that the luminaire may be locally deenergized and the plug removed without presenting a shock hazard or the potential for shorting the conductors together or to ground. The luminaire shall be designed to be removable once the plug is removed from the receptacle (any such maintenance shall normally be performed while the branch circuit connecting to the plug remains energized - the plug shall be weather-protected in case the luminaire cannot be replaced immediately). Grounding lug connected to the housing shall be provided. Luminaire weight shall not exceed 40 pounds (lbs). All factory wiring shall be temperature rated for the luminaire operating temperature. Photocell : Required. LED drivers used in the luminaires shall be of the luminaire manufacturer’s design and/or specification subject to the same operating requirements, quality assurance program and terms of warranty as the luminaire. Driver specification: Type: Switching-type with constant current output; commercial grade with electrolytic capacitors life rating of 60,000 hours or better at 85 Deg. C. Other components with limited shelf life or subject to degradation over time shall not be used on the driver circuit board rated minimum operating life for the driver shall not be less than the operating life of the overall LED package measured to 30% depreciation of initial lumen output.



265671-7

Input Voltage: 277VAC, +10%, -15%; LED drivers designed for multi-voltage input (120-277V) shall automatically select for the connected voltage or shall be clearly marked at the point of connection for the particular voltage. Drivers shall be overload/overcurrent protected on the AC line side connection preferably with an electronic resettable device or a fuse; fuses shall be protected in tool-less, finger-safe holders and shall be replaceable without removing incoming power. A shielded and replaceable surge protective device (rated ANSI C62.41 Category C) shall be provided integral with the luminaire/driver package to dissipate transient voltages appearing on the AC input. Output: Constant current. The LED optics package shall be designed to meet the lighting requirements as specified herein with a drive current no greater than 600mA. Operating Temperature Range: (-)40 to (+)40 deg C The minimum MTBF shall be one million hours in accordance with Telcordia SR-322 performed by an independent laboratory at the operating current required by the application and at the maximum rating of the driver. LED driver efficiency shall be 90% or higher with power factor greater than 90% at any drive current. LED driver shall in compliance with FCC 47 CFR Part 15. Optics package: Consisting of one or more LED modules or ‘light bars’ each comprised of multiple LED’s. The number of LED modules used shall be based on the required lumen output. The optics package with the required number of light bars shall be rated with the housing for 3G’s vibration. The optics package (light bars) shall be rated IP66. Manufacturers of LED’s shall have been in the business for 15+ years, engaged in research, development and marketing of LED wafers and shall have patents on these and related products. Qualified manufacturers of LED’s include:

1. NICHIA

2. CREE

3. Others when certified by the luminaire manufacturer to meet the performance and quality control standards equivalent to those named

LED’s used by the luminaire manufacturer shall be identified and direct-sourced from the manufacturer of the LED and shall be certified by the manufacturer of the luminaire as being the LED type and rating used in the manufacture and design of the photometric and thermal characteristics of the particular luminaire. LED’s shall be color matched for all light bars on any given luminaire to a Correlated Color Temperature (CCT) of 5000°K minimum, 5500°K maximum with CRI of 70.



265671-8

Consisting of one or more LED modules or ‘light bars’ each comprised of multiple LED’s connected such that individual LED failures may occur without affecting any other LED’s in the column and row where the failed LED occurred. Quality control checks, specifications and binning procedures used by the manufacturer of the luminaire shall be submitted along with the luminaire specification sheets and shop drawings. Light Loss Factor: calculated at 15 years (minimum 11 hours of operation each day) combining Light Lumen Depreciation (LLD) calculated at the maximum operating junction temperature, the Luminaire Dirt Depreciation (LDD) and an efficiency factor relating power supply degradation to light loss shall be greater than 30 percent. LED maximum rated junction temperature: The overall design of the thermal package shall provide a temperature margin when operating at the maximum rated driver current in a 50°C ambient temperature not to exceed the maximum allowable LED junction temperature. Furnish extra materials listed below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. Furnish one of each type for every twenty installed:

1. LED modules

2. LED drivers

3. Fuses if used or other field replaceable, consumable parts indicated by the manufacturer

4. Two (2) spare luminaires in addition to the above spare parts. Spare parts shall be inventoried by the Contractor during construction and any parts thereof used during construction shall be replaced and the full complement of parts shall be turned over to the Client after Substantial Completion of the work. 2.03. VIBRATION DAMPENING PAD AND WASHERS Each light pole mounted on the structure shall be provided with a pole base vibration dampening pad and washers as shown on the contract drawings. The vibration dampening pad shall be ½-inch thick, accurately cut to fit the pole base furnished for installation. The pad material shall be in accordance with NYSDOT Standard Specifications 728-01. The breakdown limit of the vibration pad under compressive loading shall be not less than 7000 psi for the specified thickness without extrusion or detrimental reduction in thickness. The surface hardness expressed in standard rubber hardness figures shall be 80 Shore A Durometer plus or minus 10 Durometer average. The operating temperature shall range from minus 65 degrees to plus 200 degrees Fahrenheit. The pad shall exhibit a maximum load deflection of 10% at 1000 psi when tested in accordance with Military Specifications MIL-C-882E. The composite washer shall be furnished with dimensions as shown on contract drawings. The washer shall consist of 21 plies of 8 oz. cotton duck impregnated with high quality rubber. The Shore Durometer hardness shall be approximately 90.



265671-9

The vibration pad and washer shall be manufactured by Fabreeka International, or an approved equal. 2.04. RIGID CONDUIT FOR OUTDOOR INSTALLATION Rigid conduits and fittings for outdoor installation shall be hot-dip galvanized steel, conforming to ANSI Standard C80.1 and U.L. Standard UL 6. Unless otherwise shown on contract drawings, U-bolts, conduit clamps, and supports used for conduit mounting, conduit bodies, pulling elbows and couplings shall be hot-dip galvanized steel with stainless steel hardware. 2.05. SINGLE CONDUCTOR CABLE The single conductor cable shall be U.L. listed, type XHHW-2 as designated by Underwriter’s Laboratory Specifications and shall be rated for operation at 600 Volts AC or less in wet or dry locations, at temperatures not to exceed 90°C. The conductors shall meet or exceed UL Standard 44, Federal specification A-A-59544, requirements of the National Electrical Code, and construction requirements of ICEA S-95-658 (NEMA WC 70). The conductors shall be annealed (soft) copper, with abrasion, moisture, and heat resistant cross-linked polyethylene (XLP) insulation. Conductors shall be color-coded for phase identification as follows: Phase A conductor: Black Phase B conductor: Red Phase C conductor: Blue Neutral conductor: White Equipment grounding conductor: Green. Conductor identification shall also conform to requirements of National Electrical Code, Rule 310.12. In addition, the insulation type, voltage rating and wire size shall be clearly and permanently imprinted throughout the length of each conductor. 2.06. STRUCTURAL STEEL SUPPORT Structural steel and hardware shall meet the requirements of the NYS Steel Construction Manual and the NYSDOT Standard Specifications Section 564-2, Materials.



265671-10

PART 3 - EXECUTION The work under this section shall be executed as described herein and in accordance with the applicable requirements described in the following sections of the NYSDOT Standard Specifications, except as modified by the contract drawings or as directed by the Engineer: Section 644-3.02D Pole Markings

Section 670-3.01 Plans Section 670-3.07 Conduit Section 670-3.10 Luminaires Section 670-3.12 Single Conductor Cable and Single Conductor Direct Burial Cable Section 670-3.14 Regulations Section 670-3.15 Prosecution of Work Section 670-3.16 Tests

REMOVALS The removal of existing lighting poles and associated conduits and wiring shall be coordinated with other construction work and be performed at an appropriate time in the construction staging. The removal shall include the following work:

A. Coordinate any electrical service outages necessary for the demolition work with the TBTA, NYCDOT, and the Engineer.

B. De-energize existing lighting poles, fixtures, electrical equipment and devices prior to removal by disconnecting the relevant distribution circuits. Cap and insulate all wire ends.

C. Remove all existing lighting poles including pole arms, luminaires, conduit, wiring and electrical equipment to accommodate the construction as shown on contract drawings. Remove all existing conduits, wiring and mountings associated with the removed lighting poles and equipment to the nearest junction box or terminals which are to remain and will not be affected by the construction.

D. Plug all removed conduit openings in junction boxes and enclosures. Cap and insulate all open ends of circuits whether they are energized or de-energized.

E. Tightly secure all covers of existing enclosures disturbed by the demolition work. F. Replace in kind, or repair any damage caused by the demolition to the satisfaction of

the Engineer. G. Maintain access to existing installations which remain active. H. Properly dispose of all removed materials, which shall become the property of the

Contractor, away from the construction site. I. Carefully remove, without damaging, existing equipment to be removed, salvaged,

stored, and reinstalled. Deliver the equipment to be reinstalled to the TBTA storage yard as directed by the TBTA.



265671-11

3.01 LIGHT POLE AND ARM All provisions as indicated on the Plans, the Standard Specifications, and in these Special Provisions shall apply. Aluminum: Do not use in contact with earth or concrete. When in direct contact with a dissimilar metal, protect aluminum by insulating fittings or treatment. Align pole foundations and poles for optimum directional alignment of luminaires and their mounting provisions on the pole. Mounted Poles: Mount pole with leveling nuts, and tighten top nuts to torque level recommended by pole manufacturer.

1. Grout void between pole base and foundation. Use nonshrink or expanding concrete grout firmly packed to fill space.

2. Install base covers, unless otherwise indicated.

3. Use a short piece of 1/2-inch diameter pipe to make a drain hole through grout. Arrange

to drain condensation from interior of pole. Raise and set poles using web fabric slings (not chain or cable). Furnish, mount and wire existing luminaires as indicated on the Plans and as specified herein. Clamp the conductors inside the luminaire so that the conductor tension is not supported from the luminaire terminal block in accordance with NEC 300.19 and so that the conductors if disconnected from the luminaire cannot recede into the mast arm or pole. Complete the branch circuit work in accordance with the Plans. Install in-line watertight fuse holder and fuse (Type FNQ-R, 5A) as indicated on the Plans of the required type and rating. Pole Numbering: Verify the poles have been numbered as indicated on the Plans. 3.02 LED LUMINAIRE Luminaire Mounting: Pole position and spacing, height above roadway of luminaire center, mast arm length, i.e., position of luminaire over the roadway and tilt shall be in accordance with the Contract drawings. Furnish, mount and wire luminaires as indicated on the Plans and as specified herein. Cover all chips and scratches on luminaire housings using a protective coating recommended by or provided by the manufacturer of the luminaire.



265671-12

Clamp the conductors inside the luminaire so that the conductor tension is not supported from the luminaire terminal block in accordance with NEC 300.19 and so that the conductors if disconnected from the luminaire cannot recede into the mast arm or pole. Complete the branch circuit work in accordance with the Plans. Install in-line watertight fuse holder and fuse (Type FNQ-R, 5A) as indicated on the Plans of the required type and rating. Pole Numbering: Verify the poles have been numbered as indicated on the Plans. PHOTOMETRIC TESTING The Contractor shall hire an independent testing agency to measure luminance and illuminance on the roadway in accordance with IESNA Lighting Measurements LM-79-00 Photometric Measurements of Roadway Lighting Installations and provide a final report for review and acceptance by the Engineer. Testing agency’s qualifications shall be reviewed and approved by the Engineer. All test equipment shall be properly calibrated and certified. Contractor shall use latest IESNA Lighting Measurement standard available for LEDs at the time of installation. Provide necessary personnel, equipment, tools and materials to demonstrate to the Engineer that the indicated luminance and illumination levels are met. Photometric performance of installed units shall meet the following criteria: Average maintained horizontal illuminance at roadway level at grade on the roadway surface: 2.0 footcandles. Average to Minimum Uniformity Ratio (Illuminance): 3 to 1 Veiling Luminance Ratio (Maximum allowed): 0.3 to 1 3.03 Contractor shall prepare a written report illustrating all measurements indicated above.

Report shall include a review of the tests completed, all inspections, observations, and verifications indicating interpreted results. If adjustments are made to lighting system, retest to demonstrate compliance with standard.VIBRATION DAMPENING PAD AND WASHERS

3.04 RIGID CONDUIT FOR OUTDOOR INSTALLATION Conduit supports shall be provided to support the conduit at intervals not exceeding 4 feet or as directed by the Engineer. All bends in the conduit shall be made without kinking, flattening or appreciably reducing the internal diameter of the conduit. A hydraulic or power pipe bender shall be employed, unless a template is used, for all bends in steel conduit. No bends will be accepted for exposed conduit which shows any evidence of destruction of the protective coating. Where conduits terminate at pullboxes, the Contractor shall break into the pullbox and seal, usually with mortar, the remainder of the hole(s) in a manner acceptable to the Engineer.



265671-13

Sealed bonding bushings shall be provided at each conduit outlet in boxes. Bushing caps, to prevent entry of dirt and refuse prior to pulling cables, shall be placed on all conduit ends. All conduits installed shall be tested for clear bore and correct installation by the Contractor using a ball mandrel, brush and snake before the installation will be accepted. Two short wire brushes shall be included in the mandrel assembly. Snaking of conduits shall be done by the Contractor in the presence of the Engineer. Any conduit which rejects the mandrel shall be cleared and the Contractor shall bear all costs to replace defective conduit and restore surface to original condition. Numbers or letters shall be assigned to the various conduit runs, and as they test clear, they shall be identified by a brass tag, no less than 1 1/4 inch in diameter, attached by means of No. 20 AWG brass wire. All conduit terminations in pole bases or pull boxes shall be tagged. As the conduit runs test clear, a record shall be kept under the heading of “Empty Conduits Tested, Left Clear, Tagged and Capped,” showing conduit designation, diameter, location, date tested and by whom. When completed, this record shall be signed by the Electrical Inspector and submitted in triplicate for approval. This record shall be entered on the Record Drawings. All empty conduit and duct openings after test, shall be capped or plugged by the Contractor as directed. After a conduit is properly installed and cleaned, the Contractor shall furnish and install in each conduit run a No. 10 AWG galvanized steel drag line or nylon or polypropylene rope, with a tensile strength of at least 500 pounds, leaving at least 3 feet of extra line in each pull box, transformer base, or other terminus. If cable is not pulled through the conduit within thirty days, the steel drag shall be grounded to a suitable grounding device at each end of the circuit. All metallic connections shall be tight to assure continuity of ground bondings.

A. 3.05 SINGLE CONDUCTOR CABLE The following work shall be included in the installation of conductors:

A. Provide an equipment grounding conductor in each conduit run. The grounding conductor shall be sized in accordance with article 250 of the NEC and with the size of the largest phase conductor in the conduit.

B. Make circuit connections of all lighting poles and other electrical equipment to the correct circuit and phase, and to the correct color coding of each conductor. Branch circuits taps to each lighting pole and other electrical equipment from the circuit feeders shall be made with solderless parallel tap connectors with the amperage rating at least equal to that of the conductors and with insulation thickness at least equal to that of the wire insulation. Insulating method shall be as described in NYSDOT section 670-3.12. Connectors shall allow the circuit taps to be disconnected without disturbing the remainder of the circuit.

C. Secure and support conductors in each junction box such that the conductors are not placed on the bottom of the junction box.

D. Identify each conductor in each enclosure or junction box where a splice, tap or termination is made. Each conductor shall be labeled using the wire numbers identified



265671-14

on the working drawings. Wire labels shall be permanent and weather-proof. Hand lettering or hand marking is not acceptable.

E. Test conductors for circuit continuity and for any unintentional short-circuit or grounding. Properly repair or replace the conductor which fails the test prior to making circuit connections or energizing circuits.

3.06 STRUCTURAL STEEL SUPPORT Structural steel and all associated structural hardware shall meet the requirements of the New York State Steel Construction Manual and the NYSDOT Standard Specifications Section 564-3, Construction Details. Removal of existing structural steel shall meet the requirements of the NYS Steel Construction Manual and the NYSDOT Standard Specifications Section 589-3, Construction Details. 3.07 TESTS After the erection of the light poles and prior to connecting to the roadway lighting circuits, the Contractor shall test the circuit of each light pole at the light pole junction box including the remote ballast, and test each roadway lighting circuit for circuit continuity, short-circuits, and un-intentional grounding. The insulation test as described in the NYSDOT section 670-3.16, Tests, shall also be performed for each light pole. After the satisfactory completion of the equipment and circuit tests, each light pole circuit shall be connected to the correct phase of the roadway lighting circuit as shown on the Plans. The above tests shall be performed in addition to the required tests as described in the NYSDOT Standard Specifications, section 670-3.16, Tests. The Contractor shall perform functional tests with the equipment grounding wire connected at each equipment and with the roadway lighting circuits energized. Functional tests shall be performed to ensure that the entire lighting system is trouble-free and functions to the satisfaction of the Engineer. All tests shall be performed by experienced technicians. Should any test fail, the Contractor shall repair the circuits and repeat all tests, or perform any additional test as directed to the satisfaction of the Engineer.



265671-15

PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT Measurement will be for each light standard completely replaced (this constitutes the removal and the installation at a single location) in accordance with the plans, specifications and direction of the Engineer. 4.02 PAYMENT The unit price per each Edge Barrier Light Standard shall the cost of furnishing all labor, materials, and equipment necessary to complete the work of replacing the Edge Barrier Light Standard. The cost of testing and associated appurtenances shall be included in the unit price. Payment will be under: Item No. Item Pay Unit 265671.1 EDGE BARRIER LIGHT STANDARD EACH

***** END OF SECTION *****

Form C-132 (Rev. 1/30/12)

8

APPENDIX D

Minority and Women-Owned Business Enterprise Program

Submission Requirements

A. NEW YORK STATE LAW AND REGULATIONS

Bidders are advised that this contract is subject to the provisions of Article 15-A of the New York

Executive Law (the “State MBE/WBE Law”) and implementing regulations set forth in Chapter XIV,

Parts 140 to 145 of Title 5 NYCRR (the “Regulations”) establishing a policy and program of the

State to promote equality of economic opportunity for business enterprises owned by minority group

members and women. It is the policy of the Metropolitan Transportation Authority (“MTA”) and its

subsidiary and affiliated agencies that Minority and Women-Owned Business Enterprises

(“MBE/WBEs”), which are certified as such by Empire State Development, Division of Minority and

Women’s Business Development (“DMWBD”), are provided the maximum, feasible opportunity to

participate in the performance of this contract. Each bidder shall take all necessary and reasonable

steps to ensure that MBE/WBEs participate and perform work on this contract. A copy of the

applicable State MBE/WBE Law and Regulations are available upon written request to the

Authority’s Contract Manager (“Contract Manager”).

For this contract, the Contract Manager’s name, telephone number, address and e-mail address are:

Name: Tara Bugg

Telephone No.: (646) 252-7248

Address: 2 Broadway, 24th Floor

New York, NY 10004

Email Address: [email protected]

B. CONTRACT PROVISIONS

The successful bidder and the Authority agree as a condition for the award of this contract, to be

bound by the provisions of the State MBE/WBE Law and the accompanying Regulations. This

Appendix summarizes the relevant provisions of the State MBE/WBE Law and the Regulations.

Unless otherwise stated, all terms used in this Appendix shall have the meaning ascribed to them in

the State MBE/WBE Law and the Regulations. In the event there is a difference between what is set

forth in this Appendix and what is set forth in the State MBE/WBE Law and the Regulations, which

are incorporated herein by reference, the State MBE/WBE Law and the Regulations shall govern.

Addendum #3Rev. 1

mailto:[email protected]

Form C-132 (Rev. 1/30/12)

9

C. GOALS

The respective goals specified for the utilization of minority and women-owned business enterprises

expressed as a percentage of the amount of the total contract price including change orders issued

pursuant to the changes provision of this Contract are:

15% for MBE

and

15% for WBE

These goal percentages are subject to the requirements of the State MBE/WBE Law, the Regulations

and the provisions of this contract. In the event the apparent low bidder’s proposed level of

MBE/WBE participation is less than this prescribed level of MBE/WBE participation, to remain

eligible for contract award, the apparent low bidder must satisfy the good faith efforts requirements

set forth in paragraph L below.

The MTA Department of Diversity and Civil Rights, acting on behalf of the Authority, is responsible

for determining compliance by the bidder with MBE/WBE requirements established in this contract.

The low bidder shall make all MBE/WBE-related submissions required by this contract to the

Contract Manager with a copy to the MTA Department of Diversity and Civil Rights, to the attention

of:

Name: Dominick Toscano

Metropolitan Transportation Authority

Department of Diversity and Civil Rights

2 Broadway, 16th Floor

New York, NY 10004

D. STATE DIRECTORY

1. In accordance with the State MBE/WBE Law, DMWBD is empowered and requires its director

(the “Director”), among other things, to promulgate a directory (the “State Directory”) of minority

and women-owned business enterprises certified pursuant to the Regulations (“certified

businesses”). The State Directory may be accessed on line at: www.empire.state.ny.us.

2. Under the State MBE/WBE Law and Regulations, bidders can only use MBEs and WBEs listed

in the State Directory to satisfy the goals in the contract. For the purpose of the federal

government’s Disadvantaged Business Enterprise (“DBE”) Program, the MTA Department of

Diversity and Civil Rights has certified certain minority and women-owned business enterprises

as DBEs. A firm certified by MTA Department of Diversity and Civil Rights as a DBE for the

federal DBE program, which is not listed in the State Directory may not be used to satisfy

MBE/WBE goals established for this contract. YOU MUST USE THOSE FIRMS IN THE

STATE DIRECTORY.

Addendum #3Rev. 1

http://www.empire.state.ny.us/

Form C-132 (Rev. 1/30/12)

10

E. PROMPT PAYMENT TO SUBCONTRACTORS AND RETAINAGE

For public work contracts, the prime contractor is required by law to pay all subcontractors, including

each MBE/WBE subcontractor under this prime contract for the work performed under its

subcontract no later than seven (7) calendar days from the receipt of any payment the prime

contractor receives from the Authority for work performed by the subcontractor, and to pay interest at

the rate required by law if payment is not made within the aforesaid seven (7) calendar days.

For all contracts other than public work contracts, the prime contractor agrees to pay all

subcontractors under this prime contract for the satisfactory performance of their subcontracts no later

than thirty (30) days from the receipt of each payment the prime contractor receives from the

Authority for work performed by the subcontractor.

If this prime contract includes retainage, the prime contractor may not retain more than the lesser of

five percent (5%) or the retainage percentage provided in the contract between the Authority and

prime contractor, except that the prime contractor may retain not more than ten percent (10%) of each

payment to the subcontractor where, prior to entering into a subcontract with the prime contractor, the

prime contractor requested that the subcontractor provide a performance bond and a payment bond

for subcontractors, labor and/or material suppliers, each in the full amount of the subcontract and the

subcontractor was unable or unwilling to provide such bonds.

The prime contractor must return retainage to any subcontractors within thirty (30) days of receiving

a payment from the Authority which returns the prime contractor’s retainage for work satisfactorily

performed by the subcontractor.

F. MBE/WBE UTILIZATION PLAN

Unless otherwise provided in the Information for Bidders, the apparent low bidder shall, by close of

business on the 7th calendar day after the public bid opening date, submit to the Contract Manager a

completed MBE/WBE Utilization Plan Form (Form 15A.1) and Intent to Perform as a MBE/WBE

Subcontractor/Subconsultant Form (Form 1 5A.4) for each MBE/WBE firm identified on the Form

15A.1. The MBE/WBE Utilization Plan shall include the name, address, telephone number and

Federal identification number of the bidder. The Schedule of MBE/WBE Participation must

demonstrate that the level of MBE/WBE participation will satisfy the MBE/WBE goals in Paragraph

C above. If the level of MBE/WBE participation is less than the MBE/WBE goal, the bidder must

submit evidence of its good faith efforts to satisfy the MBE/WBE goal as provided in Paragraph J

herein. Upon request of the Authority, any other bidder shall, within seven (7) calendar days of such

request, submit its completed Form 15A .1 and Form 15A.4, and, if appropriate, a “Request For Total

or Partial Waiver of MBE/WBE Goal(s) Pursuant to MBE/WBE Utilization Plan Form”, (Form

15A.2), with the required evidence of good faith efforts.

Bidders have been furnished with these forms in the solicitation document. Additional forms may be

obtained from the MTA Department of Diversity and Civil Rights, 2 Broadway, 16th Floor, New

York, New York 10004 or by calling (646) 252-1375. The Authority, in its sole discretion, may

extend the submission period for a reasonable time.

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

11

By listing a firm on its MBE/WBE Utilization Plan Form (Form 15A.1) and the accompanying Intent

to Perform as a MBE/WBE Subcontractor/Subconsultant Form (Form 15A.4), the bidder is

representing the following:

1. It intends to use the firm for the work specified in the MBE/WBE Utilization Plan Form (Form

15A.1) and the accompanying Intent to Perform as a MBE/WBE Subcontractor/Subconsultant

(Form 15A.4), including any change order work required to perform the specified work;

2. On the basis of information known to it and after reasonable inquiry, it believes such firm is a

certified MBE/WBE and is technically and financially qualified to perform the work specified and

that the firm is available to perform the work;

3. If it is awarded the contract, it will enter into a subcontract with such MBE/WBE (or an approved

substitute), subject to the terms and conditions of this contract and provided that the MBE/WBE

is certified by DMWBD for the work described and at the price set forth in the MBE/WBE

Utilization Plan Form (Form 15A.l) and accompanying Intent to Perform as a MBE/WBE

Subcontractor/Subconsultant Form (Form 15A.4);

4. It will not substitute a MBE/WBE firm listed in its MBE/WBE Utilization Plan Form (Form

15A.1) and accompanying Intent to Perform as a MBE/WBE Subcontractor/Subconsultant Form

(Form 15A.4), unless the Authority gives prior written approval in accordance with paragraph O

below;

5. If bidder is a MBE/WBE and lists itself on the MBE/WBE Utilization Plan Form (Form 15A.1)

and accompanying Intent to Perform as a MBE/WBE Subcontractor/Subconsultant Form (Form

15A.4), that it will perform the work specified therein with its own workforce; and

6. If the bidder is part of joint venture, or has a teaming agreement, or other similar arrangement

with a certified MBE/WBE, its value added on participation is equal to the percentage of the goal

set forth in the bid document.

7. If bidder is part of a joint venture, or has a teaming agreement, or other similar arrangement that

includes a MBE/WBE, and proposes to include such MBE/WBE participation in its Utilization

Plan for meeting the goals, it must submit the following to the Authority for review and

approval:

a. The name, address, telephone number and Federal identification of each partner to the

agreement;

b. The Federal identification number of the joint venture or entity established to respond to

the solicitation, if applicable;

c. A copy of the agreement establishing the joint venture, team, or other similar arrangement.

If that agreement does not specify and describe the percentage of interest owned by each

party to the agreement and the value contributed/added by each party, you must provide

copies of other document(s) which provide the missing information.; and

d. A copy of the mentor-protégé agreement between the parties, if applicable, and if not

described in the joint venture, the teaming agreement or other similar arrangement.

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

12

G. CONTRACTOR’S OBLIGATION TO MEET MBE/WBE GOALS

A contractor is contractually obligated to make good faith efforts to meet MBE/WBE goals in its

approved MBE/WBE Utilization Plan using the certified MBE/WBE firms to the extent indicated. If

the contractor is unable for any reason to meet the goal or utilize a previously identified MBE/WBE

firm in an approved plan, the contractor must promptly give written notice to the MTA Department of

Diversity and Civil Rights with details of deficiency and the plan to remedy the deficiency. Any

request by a contractor for a waiver of goals contained in its approved MBE/WBE Utilization Plan

must be made in accordance with paragraph J of this Appendix. A contractor remains obligated to

make good faith efforts to meet the goals in its approved MBE/WBE Utilization Plan using the

certified MBE/WBE firms identified in its Plan, absent the contractor having been granted a waiver.

H. CREDIT TOWARD MBE/WBE GOALS

No credit toward meeting either or both the MBE or WBE goal will be allowed unless the DMWBD

has certified a firm as a MBE or WBE. Only the value of the work actually performed by the MBE or

WBE will be counted toward the respective goal.

1. The MTA Department of Diversity and Civil Rights will credit expenditures to a MBE/WBE

contractor toward MBE/WBE goals, only if the MBE/WBE provides an actual service other than

acting as an intermediary between a supplier and customer.

2. A prime contractor which is certified as a MBE may use the work it performs to meet the MBE

goal and a prime contractor which is certified as a WBE may use the work it performs to meet the

WBE goal.

3. A firm which is certified both as a MBE and a WBE may be counted towards either a MBE goal

or a WBE goal but such participation may not be counted towards both goals or divided between

the MBE goal or the WBE goal.

4. Contractors using MBE or WBE firms merely to pass through funds and invoices will

not be given credit toward the goal. Contractors are prohibited from claiming credit toward the

goal from any such uses of MBE or WBE firms.

5. Credit for MBE/WBE Certified as Suppliers and Brokers:

a. For non-construction Contracts: The MTA Department of Diversity and Civil Rights

will only allow 25% credit of the total cost for supplies toward achievement of the

MBE/WBE goal if the MBE/WBE is certified as a broker. If a firm is certified as a

supplier, the MTA Department of Diversity and Civil Rights will credit 100% of the

total cost toward achievement of the MBE/WBE goal.

b. b. For construction Contracts: If a firm is certified as a broker or a manufacturer’s

representative, the MTA Department of Diversity and Civil Rights will only credit the

commission, or markup percentage for items brokered toward achievement of the

MBE/WBE goal. If a firm is certified as a supplier, the MTA Department of Diversity and

Civil Rights will credit 60% of the total Contract value toward achievement of the

MBE/WBE goal

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

13

I. DEFICIENCIES IN BIDDER MBE/WBE UTILIZATION PLAN

Within twenty (20) days of receipt of a bidder’s MBE/WBE Utilization Plan, the Contract Manager

will send a written notice to the bidder of acceptance or deficiency of the Plan. If the notice specifies

a deficiency, within seven (7) business days after receipt, the bidder must deliver to the Contract

Manager a written response to the notice of deficiency. Failure to timely respond may be grounds for

disqualification.

The Authority may agree in writing to allow (i) additional time to submit, or (ii) additional

submissions after the seven (7) business day period, based upon its determination that the bidder is

making a good faith attempt to submit a response or to correct the deficiencies.

J. WAIVERS

1. When to Request a Total or Partial Waiver:

a. If the contract has not yet been awarded, a bidder may request a waiver simultaneously with the

bidder’s submission of its MBE/WBE Utilization Plan, if that plan fails to demonstrate that the

firm will meet the goals;

b. If a bidder’s remedy to notice of deficiency of the MBE/WBE Utilization Plan is not timely

provided or is found by the Authority to be inadequate, the bidder shall request a waiver within

five (5) business days of request by the Authority.

c. If the contract has been awarded to the firm and its MBE/WBE Utilization Plan has been

approved, the contractor shall request a waiver at the earlier of the following: a) promptly after

the contractor realizes that it will not meet the goals; or b) prior to the submission of a request for

final payment on the contract.

2. Waiver Form: A request for a waiver must be made by submitting a completed “Request for Total

or Partial Waiver of MBE/WBE Goals Pursuant to MBE/WBE Utilization Plan Form” (Form

15A.2) and the information specified therein. Additional forms are available upon request from

the Contract Manager.

3. Evaluation of Requests: The MTA Department of Diversity and Civil Rights will evaluate and

determine whether to grant a request for a total or partial waiver of goal requirements in

accordance with the Regulations and on the basis of the information provided on Form 15A.2 and

such other information as the MTA Department of Diversity and Civil Rights deems relevant. The

goals set by the MTA Department of Diversity and Civil Rights are based on the criteria set forth

in the Regulations. The MTA Department of Diversity and Civil Rights will consider whether the

bidder/contractor made good faith efforts to identify and afford subcontracting opportunities to

MBEs and WBEs, which were technically and financially qualified to perform the work specified,

available to perform the work, and submitted competitive bids.

4. A contractor requesting a waiver shall submit its written request to the Contract Manager, with a

copy to the MTA Department of Diversity and Civil Rights. Requests for a waiver shall include a

copy of all documentation supporting the request as specified in the Regulations and in Form 15

A.2. The contractor and/or subcontractor shall supply any additional information and/or

documentation applicable to the request for a waiver that the Contract Manager or the MTA

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

14

Department of Diversity and Civil Rights requests. Contractors and/or subcontractors that intend

to file a post-award request for a waiver will be subject to all pre-award MBE and WBE

requirements set forth in the contract documents.

K. GOOD FAITH EFFORTS

The MTA Department of Diversity and Civil Rights shall not grant any automatic waivers of goal

requirements but may consider any criteria it determines relevant or which a bidder/contractor

submits to document its good faith efforts, provided that the criteria set forth in the Regulations (see

Section 142.8) will, at a minimum, be considered for purposes of determining whether a

bidder/contractor has documented good faith efforts.

L. DISQUALIFICATION OF BIDDER

The Authority may disqualify a bidder as non-responsible: (i) for failure to submit a MBE/WBE

Utilization Plan; (ii) for failure to respond to deficiencies in the MBE/WBE Utilization Plan notice in

accordance with paragraph I above; or (iii) upon a determination that the bidder’s MBE/WBE

Utilization Plan does not show that the goal requirements will be met and the bidder has not

documented that it has made good faith efforts to develop a MBE/WBE Utilization Plan that satisfies

the goal requirements. The Authority shall issue to a disqualified bidder a notice of disqualification

and statement of reasons for its final decision. The disqualified bidder may request a hearing in

accordance with the procedures outlined in Executive Law Article 15-A and the Regulations. See

paragraph M, below.

M. COMPLAINTS BY A CONTRACTOR

A bidder/contractor who has received a written notice of disqualification prior to the award of a

contract, as outlined above, may file a complaint with the Executive Director of the DMWBD

(“Director”) within five (5) days of receiving such a notice. The contractor shall serve a copy of its

complaint upon the Director and the Authority by personal service or certified mail, return receipt

requested.

After the contract has been awarded, a contractor who is notified by the Authority that its MBE/WBE

Utilization Plan is deficient may file a complaint within twenty (20) days of such notice with the

Director asserting that the Authority unreasonably: (i) denied in whole or part a request for waiver of

a goal; (ii) determined that the contractor has not acted in good faith, has failed, or is failing or

refusing to comply with a goal; or (iii) failed to grant or deny a request for waiver within twenty (20)

days of its receipt of a completed Form 15A.2.

The procedure and requirements for filing and resolving such a complaint are set forth in the

Regulations.

N. REMEDIES FOR CONTRACTOR’S FAILURES

In the event of a contractor’s willful and intentional failure to comply with the State MBE/WBE

Law, the Regulations or the provisions of this contract governing MBE/WBE participation

requirements, and in the event the Authority elects not to follow the procedures set forth in paragraph

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

15

U below, the contractor shall be liable to the Authority for liquidated damages in an amount equal to

fifty percent (50%) of the difference between the dollar amount of MBE/WBE participation set forth

in the contractor’s approved MBE/WBE Utilization Plan and the actual dollar amount credited by the

Authority for such participation. Such a willful and intentional failure on the part of the contractor

shall also constitute a breach of this contract and the Authority may avail itself of such other

remedies as are provided in the contract or at law or equity on account of such breach.

O. MBE/WBE MODIFICATIONS

In the event that a contractor wishes to modify its MBE/WBE Utilization Plan (Form 15A.1) after its

submission or after a contract is awarded, then the contractor must notify the Project Manager (with

a copy to the Contract Manager), in writing, and request approval for the modification. A prime

contractor may not, without the Authority’s prior consent, terminate for convenience a MBE or WBE

subcontractor approved under this contract and then perform the work of the contract with its own

forces or those of an affiliate. A modification includes any change to items of work, material,

services, subcontract value or MBE/WBE firms, which differ from those identified on the approved

MBE/WBE Utilization Plan (Form 15A.1). When a MBE/WBE subcontractor is terminated or fails to

complete its work for any reason, the prime contractor must make good faith efforts to find another

MBE/WBE subcontractor to substitute for the original MBE/WBE. These good faith efforts must be

directed at finding other MBE/WBEs to perform at least the same amount of work under the contract

as the former MBE/WBE to the extent needed to meet the contract goal. The contractor must provide

the Project Manager (with a copy to the Contract Manager) with any and all documentation and

information as may be requested with respect to the modification, which, at a minimum must include

the documentation detailed in Section 142.8(a) of the Regulations. If the MTA Department of

Diversity and Civil Rights determines that the prime contractor failed to make good faith efforts, the

Authority may avail itself of the remedies included in this contract.

P. EEO/NON-DISCRIMINATION

1. The bidder agrees as a precondition to entering into a valid and binding contract, not to

discriminate against any employee or applicant for employment for work under this contract, or

any subcontract hereunder, by reason of race, creed, color, national origin, sex, age, disability or

marital status, and that it shall make and document its conscientious and active efforts to employ

and utilize minority group members and women in its workforce on this contract. The bidder

agrees to undertake or continue existing programs of affirmative action to ensure that minority

group members and women are afforded equal opportunities without discrimination. For these

purposes, affirmative action shall apply in the areas of recruitment, employment, job assignment,

promotion, upgrading, demotion transfer, layoff, or termination and rates of pay or other forms of

compensation.

2. The bidder shall submit prior to the award of this contract, an equal employment opportunity

(“EEO”) policy statement either the form included in this Appendix or the bidder’s EEO

policy statement to the Authority within seven days of receiving a notice of selection. The

contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000

for the construction, replacement, major repair, renovation, planning or design of real property

and improvements thereon (the “Work”), except where the Work is for the beneficial use of the

contractor, undertake or continue programs to ensure that minority group members and women

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

16

are afforded equal employment opportunities without discrimination because of race, creed, color,

national origin, sex, age, disability or marital status. For these purposes, equal opportunity shall

apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion,

transfer, layoff, termination, and rates of pay or other forms of compensation. This requirement

does not apply to: (i) work, goods, or services unrelated to the contract; or (ii) employment

outside New York State. If the bidder submits its own EEO policy statement it must include

the following language:

a. The contractor will not discriminate against any employee or applicant for employment, will

undertake or continue existing programs of affirmative action to ensure that minority group

members and women are afforded equal employment opportunities without discrimination,

and shall make and document its conscientious and active efforts to employ and utilize

minority group members and women in its workforce on the contract.

b. The contractor will state in all solicitations or advertisements for employees that in the

performance of this contract, all qualified applicants will be afforded equal employment

opportunities without discrimination.

c. At the request of the Authority, the bidder/contractor shall request each employment agency,

labor union or authorized representative of workers with which it has a collective bargaining

or other agreement or understanding, to furnish a written statement that such employment

agency, labor union or representative will not discriminate and that such employment agency,

labor union or representative will affirmatively cooperate in the implementation of the

contractor’s obligations herein.

d. Except for construction contracts, prior to an award of a contract, the bidder shall submit to

the Authority a staffing plan of the anticipated work force to be utilized on the contract or,

when required, information on the contractor’s total work force, including apprentices,

broken down by specific ethnic background, gender, and Federal occupational categories or

other appropriate categories specified by the Authority. The information must be submitted

on the Staffing Plan Form.

e. After the award of the contract, the contractor shall submit to the Authority a workforce

utilization report, in a form and manner required by the Authority, of the work force actually

utilized on the contract, broken down by specific ethnic background, gender, and Federal

occupational categories or other appropriate categories specified by the Authority.

f. The contractor shall include these provisions in every subcontract for work performed in

connection with this contract in such manner that the requirements of these provisions will be

binding on each subcontractor as to work in connection with the contract, including the

requirement that subcontractors shall undertake or continue existing programs of affirmative

action to ensure that minority group members and women are afforded equal employment

opportunities without discrimination because of race, creed, color, national origin, sex, age,

disability or marital status, and when requested, provide to the contractor information on the

ethnic background, gender, and Federal occupational categories of the employees to be

utilized on the contract.

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

17

3. Upon a written request, the MTA Department of Diversity and Civil Rights shall supply

contractors with labor force availability data, for specific job titles that fall within the relevant

occupational categories. Contractors may use this data to identify, recruit and retain minority

group members and women for participation on this contract.

4. The requirements of this paragraph shall not apply to any employment or application for

employment outside New York State or solicitations or advertisements thereof, or any existing

employment programs outside New York State.

Q. EEO SUBMISSION REQUIREMENTS

The apparent low bidder will be required to submit an EEO-1 Form within seven calendar days after

it receives verbal notification of the selection. All other bidders must submit the document within

seven (7) calendar days of the Contract Manager’s verbal request. The Contract Manager will

confirm, in writing, any verbal notification. However, the time frame for bidder’s response is based

upon the date of the verbal notification. Upon written request, the Contract Manager may extend the

deadline for submission of an EEO-1 Form or an EEO Policy Statement. If a bidder does not submit

an EEO-1 Form , the bid may be rejected unless reasonable justification for such failure is provided

in writing or a commitment is made to provide such document by a date certain established by the

Authority. Requirements of this section will also be binding on each subcontractor.

R. CONTRACTOR COMPLIANCE REPORTING

The MTA Department of Diversity and Civil Rights is responsible for determining compliance by the

contractor with the EEO/nondiscrimination obligations and MBE/WBE goal established in the

contract. The MTA Department of Diversity and Civil Rights may determine that the contractor is

complying with the EEO/nondiscrimination obligations and MBE/WBE goals set forth in the

MBE/WBE Utilization Plan (Form 15A.1) by examining reports received from a contractor, on-site

inspections, progress meetings regarding work required by the contract, or other Authority actions

taken in the ordinary course of administering the contract.

S. REPORTING AND RECORDKEEPING

1. The contractor shall submit to the Authority documentation concerning its performance in

meeting the MBE/WBE goal during the term of the contract.

a) If the duration of this contract is less than one (1) year, within sixty (60) days of the award date

of this contract, unless extended by the Authority in writing, the contractor must enter into

written subcontract agreement(s) with the MBE/WBEs listed in its MBE/WBE Utilization

Plan Form (Form 15A. 1) and accompanying Intent to Perform as a

Subcontractor/Subconsultant Form (Form 15A.4) or with substitutes approved by the

Authority.

b) If the duration of this contract is one (1) year or more, not later than thirty (30) days before a

subcontractor commences work on the contract, unless extended by the Authority in writing,

the contractor must enter into written subcontract agreement(s) with the MBE/WBEs listed in

its MBE/WBE Utilization Plan Form (Form 15A.1) and accompanying Intent to Perform as a

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

18

Subcontractor/Subconsultant Form (Form 15A.4) or with substitutes approved by the

Authority.

c) The contractor immediately upon execution shall provide a copy of the contractor’s executed

subcontract agreement(s) with MBE/WBEs to the Authority, with a duplicate copy sent to the

MTA Department of Diversity and Civil Rights.

d) The contractor must submit updated subcontract agreements with MBE/WBEs any time a

significant change to items of work, material, services, or subcontract value occurs.

2. The contractor must submit a work schedule outlining when each MBE/WBE subcontractor will

commence and complete work on the contract.

3. By the 10th of each month, the contractor must enter reports into the New York State Contract

System (“NYSCS”) on progress toward meeting its MBE/WBE goal.

4. Also, by the 10th of each month, the contractor must enter into NYSCS information on

payments that were made during the prior month to MBE/WBEs, at any tier, toward meeting

the contractor’s approved MBE/WBE utilization plan and require that its MBE/WBE

subcontractors confirm receipt of such payments through NYSCS.

5. The contractor must promptly notify the Project Manager of any situation in which any

progress payment is not made to a MBE/WBE subcontractor or supplier within the time frames

set forth in this contract. Nothing herein shall create any obligation on the part of the Authority

to pay or to see to the payment of any moneys to any subcontractor or materialman from any

contractor nor shall anything provided herein serve to create any relationship in contract or

otherwise, implied or expressed, between the subcontractor and materialman and the Authority.

6. The contractor must promptly inform the Project Manager (with a copy to the Contract

Manager) in writing when it has reason to believe its attainment of the MBE/WBE

participation goal is in jeopardy. In this regard, the contractor must inform the Project Manager

(with a copy to the Contract Manager, in writing, with supporting documentation, immediately

upon learning that a MBE/WBE firm is unable or unwilling to perform the subcontracted

services.

7. The willful making of false statements or the willful submission to MTA or the Authority of

incorrect information shall be treated by the Authority as a breach of the contract.

T. WORKFORCE UTILIZATION REPORTS

1. Prior to the award of this contract the bidder shall submit an EEO Policy Statement and a staffing

plan, as described in Section 143.3 of the Regulations. Where the work force to be utilized in the

contract cannot be separated out from the contractor’s and/or subcontractor’s total work force, the

bidder shall submit to the Contract Manager, instead of the staffing plan, a report of contractor’s

and/or subcontractor’s total work force, including apprentices, broken down by specified ethnic

background, gender, Standard Occupational Classification (“SOC”) job title, and Federal

occupational categories. The information must be submitted on the Staffing Plan Form. A

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

19

bidder’s failure to submit an EEO Policy Statement and a staffing plan or total work force data

shall result in the rejection of the bid unless the bidder provides the Authority with a reasonable

justification in writing for such failure or makes a commitment to submit an EEO Policy

Statement and a staffing plan or work force data by a date certain established by the MTA

Department of Diversity and Civil Rights.

2. After the award of the contract, and where the work force to be utilized in the performance of the

contract can be separated from the contractor’s and/or subcontractor’s total work force the

contractor and subcontractor shall provide to the MTA , throughout the life of the contract, a

Workforce Utilization Report broken down by specified ethnic background, gender, SOC job title

and Federal occupational categories using the MTA’s Prime/Subcontractor Workforce Utilization

Report EXCEL spreadsheet located at www.mta.info. This report shall be provided to the MTA

construction manager or project manager, and must detail the number of employees and hours

worked on activities related to this contract shall submit on a monthly basis, throughout the life of

the contract, a workforce utilization report to the Project Manager, which details the number of

employees that worked on activities related to this contract.

3. For construction contracts, the Workforce Utilization Report shall be provided to the MTA

construction manager or project manager, by the 5th day of each month. For commodities,

service/consulting and professional construction consultant contracts the contractor and

subcontractors shall submit Workforce Utilization Reports on a quarterly basis throughout the life

of the contract when the contractor’s and/or subcontractors’ work force changes. If the

contractor’s and/or subcontractor’s work force does not change within the quarterly period, the

contractor shall so notify the MTA construction manager or project manager. In instances where

a contractor’s/subcontractor’s workforce cannot be broken out, the contractor/subcontractor must

affirm such and submit an EEO-1 Form detailing its current workforce, on a semiannual basis

throughout the life of the contract.

4. The contractor will be required to submit with the bid or proposal an Equal Employment

Opportunity Staffing Plan identifying the anticipated work force to be utilized on the contract. If

awarded a contract, the Bidder/Proposer shall submit a Workplace Utilization Report, in such

format as shall be required by the MTA Agency on a quarterly basis during the term of the

contract.

5. During the lifetime of the contract, the contractor shall undertake or continue existing EEO

programs and shall ensure that all subcontractors comply with the EEO requirements.

U. COMPLAINT BY AUTHORITY AGAINST CONTRACTOR TO NEW YORK STATE

DEPARTMENT OF ECONOMIC DEVELOPMENT – FAILURE TO COMPLY WITH

THE MBE/WBE PROGRAM OR BAD FAITH, WILLFUL AND INTENTIONAL

FAILURE TO COMPLY

In the event the Authority determines that the contractor has failed to comply with the State

MBE/WBE Law, the Regulations or this contract, including that contractor has acted in bad faith or

has willfully and intentionally failed to comply with the same and elects not to enforce its rights as set

forth in Paragraph N, above, the Authority may file a complaint with the Director pursuant to

Executive Law, Section 316, seeking specified remedies, which include, but are not limited to, the

Addendum #3Rev. 1

Form C-132 (Rev. 1/30/12)

20

imposition of various sanctions, fines or penalties against the contractor. The procedure and

requirements with respect to filing and resolving any such complaint are set forth in the Regulations.

The contractor is hereby put on notice that the penalties imposed by the Director for any violation

which is premised upon either a fraudulent or intentional misrepresentation by the contractor or the

contractor's willful and intentional disregard of the minority and women-owned participation

requirement included in the contract may include a determination that the contractor shall be

ineligible to submit a bid to any contracting State agency, which is defined in the State MBE/WBE

Law and the Regulations to include any MTA Agency, and many other non-MTA agencies, or be

awarded any State agency contract for a period not to exceed one (1) year following the final

determination; provided however, if a contractor has previously been determined to be ineligible to

submit a bid pursuant to applicable regulations, the penalties imposed for any subsequent violation, if

such violation occurs within five (5) years of the first violation, may include a determination that the

contractor shall be ineligible to submit a bid to any contracting State agency or be awarded any State

agency contract for a period not to exceed five (5) years following the final determination.

V. SUBSEQUENT RESPONSIBILITY DETERMINATIONS

The Authority may take into account information regarding a contractor’s compliance with the

MBE/WBE program requirements under this contract, including, but not limited to its failure to meet

goals or to demonstrate good faith efforts to meet same, etc. as well as information of willful or

intentional failures, fraud or intentional misrepresentations on the part of the contractor, as described

in the State MBE/WBE Law and Regulations, in rendering determinations as to whether the

contractor, having submitted a bid in connection with future contract solicitations, should be found

to be a responsible bidder, as required pursuant to Section 1209 or 1265-a, as applicable, of the

Public Authorities Law.

W. PROHIBITION OF AGREEMENTS TO RESTRICT COMPETITION

Agreements between a bidder and a MBE/WBE firm in which the MBE/WBE firm agrees not to

provide subcontracting quotations to any other bidders are prohibited.

Addendum #3Rev. 1

MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL

EMPLOYMENT OPPORTUNITY POLICY STATEMENT

MBE/WBE AND EEO POLICY STATEMENT

I, _________________________ (the “Contractor”), agree to adopt the following policies with respect to the project

being developed at, or services rendered to, the [agency].

__________________________________________________________________________________

This organization will and will cause its contractors

and subcontractors to take good faith actions to

achieve the MBE/WBE contract participations goals set by the State for that

area in which the State-funded project is located, by taking the following

steps:

(1) Actively and affirmatively soliciting bids for contracts and

subcontracts from qualified State certified MBEs or WBEs,

including solicitations to MBE/WBE contractor associations.

(2) Requesting a list of State-certified MBEs/WBEs from [the

agency] and soliciting bids from these MBEs/WBEs directly.

(3) Ensuring that plans, specifications, request for proposals and

other documents used to secure bids will be made available in

sufficient time for review by prospective MBEs/WBEs.

(4) Where feasible, dividing the work into smaller portions to

enhance participations by MBEs/WBEs and encourage the

formation of joint venture and other partnerships among

MBE/WBE contractors to enhance their participation.

(5) Documenting and maintaining records of bid solicitation,

including those to MBEs/WBEs and the results thereof. The

Contractor will also maintain records of actions that its

subcontractors have taken toward meeting MBE/WBE contract

participation goals.

(6) Ensuring that payments to MBEs/WBEs are made on a timely

basis so that undue financial hardship is avoided, and that bonding

and other credit requirements are waived or appropriate

alternatives are developed to encourage MBE/WBE participation,

if legally permissible.

(a) This organization will not discriminate against any

employee or applicant for employment because of race,

creed, color, national origin, sex, age, disability or marital status, will

undertake or continue existing diversity programs to ensure that minority

group members are afforded equal employment opportunities without

discrimination, and shall make and document its conscientious and active

efforts to employ and utilize minority group members and women in its

work force on State contracts.

(b)This organization shall state in all solicitation or advertisements for

employees that in the performance of the State contract all qualified

applicants will be afforded equal employment opportunities without

discrimination because of race, creed, color, national origin, sex disability

or marital status.

(c) At the request of [the agency], this organization shall request that each

employment agency, labor union, or authorized representative will not

discriminate on the basis of race, creed, color, national origin, sex, age,

disability or marital status and that such union or representative will

affirmatively cooperate in the implementation of this organization’s

obligations herein.

(d) The Contractor shall comply with the provisions of the Human Rights

Law, all other State and Federal statutory and constitutional non-

discrimination provisions. The Contractor and subcontractors shall not

discriminate against any employee or applicant for employment because

of race, creed (religion), color, sex, national origin, sexual orientation,

military status, age, disability, predisposing genetic characteristic, marital

status or domestic violence victim status, and shall also follow the

requirements of the Human Rights Law with regard to non-discrimination

on the basis of prior criminal conviction and prior arrest.

(e) This organization will include the provisions of sections (a) through

(d) of this agreement in every subcontract in such a manner that the

requirements of the subdivisions will be binding upon each subcontractor

as to work in connection with the State contract.

MBE/WBE EEO

Addendum #3Rev. 1

2

Agreed to this _______ day of ____________________, 2017

By __________________________________________

Print: _____________________________________ Title: _____________________________

_________________________________is designated as the Contractor’s Minority Business Enterprise

Liaison responsible for administering the Minority and Women-Owned Business Enterprises - Equal

Employment Opportunity (MBE/WBE - EEO) program.

MBE/WBE Contract Goals

30% Minority and Women’s Business Enterprise Participation

15% Minority Business Enterprise Participation

15% Women’s Business Enterprise Participation

MBE/WBE Contract Goals (if applicable)

___% Minority Labor Force Participation

___% Female Labor Force Participation

____________________________________________

(Authorized Representative)

Title: ________________________________________

Date: ________________________________________

Addendum #3Rev. 1

Addendum #3Rev. 1

APPENDIX D

PARTICIPATION OPPORTUNITIES FOR NEW YORK STATE CERTIFIED

SERVICE-DISABLED VETERAN OWNED BUSINESSES

Article 17-B of the New York State Executive Law provides for more meaningful

participation in public procurement by certified Service-Disabled Veteran-Owned

Businesses (“SDVOB”), thereby further integrating such businesses into New York

State’s economy. Triborough Bridge and Tunnel Authority (“TBTA” or “the

Authority”) recognizes the need to promote the employment of service-disabled

veterans and to ensure that certified service-disabled veteran-owned businesses have

opportunities for maximum feasible participation in the performance of TBTA

contracts.

In recognition of the service and sacrifices made by service-disabled veterans and in

recognition of their economic activity in doing business in New York State, Bidders

are expected to consider SDVOBs in the fulfillment of the requirements of the

Contract. Such participation may be as subcontractors or suppliers, as protégés, or in

other partnering or supporting roles.

I. Contract Goals

A. TBTA hereby establishes an overall goal of _6_% for SDVOB participation,

based on the current availability of qualified SDVOBs. For purposes of providing

meaningful participation by SDVOBs, the Bidder/Contractor should reference the

directory of New York State Certified SDVOBs found at:

http://ogs.ny.gov/Core/docs/CertifiedNYS_SDVOB.pdf. Questions regarding

compliance with SDVOB participation goals should be directed to the Authority’s

Contract Manager. Additionally, following Contract execution, Contractor is

encouraged to contact the Office of General Services’ Division of Service-

Disabled Veterans’ Business Development at 518-474-2015 or

[email protected] to discuss additional methods of maximizing

participation by SDVOBs on the Contract.

B. Contractor must document “good faith efforts” to provide meaningful

participation by SDVOBs as subcontractors or suppliers in the performance of the

Contract (see clause IV below).

II. SDVOB Utilization Plan

A. In accordance with 9 NYCRR § 252.2(i), Bidders are required to submit a

completed SDVOB Utilization Plan on Form SDVOB 100 with their bid.

B. The Utilization Plan shall list the SDVOBs that the Bidder intends to use to

perform the Contract, a description of the work that the Bidder intends the

SDVOB to perform to meet the goals on the Contract, the estimated dollar

amounts to be paid to an SDVOB, or, if not known, an estimate of the percentage

of Contract work the SDVOB will perform. By signing the Utilization Plan, the

Bidder acknowledges that making false representations or providing information


that shows a lack of good faith as part of, or in conjunction with, the submission

of a Utilization Plan is prohibited by law and may result in penalties including,

but not limited to, termination of a contract for cause, loss of eligibility to submit

future bids, and/or withholding of payments. Any modifications or changes to the

agreed participation by SDVOBs after the Contract award and during the term of

the Contract must be reported on a revised SDVOB Utilization Plan and

submitted to the Authority.

C. The Authority will review the submitted SDVOB Utilization Plan and advise the

Bidder/Contractor of its acceptance or issue a notice of deficiency within 20 days

of receipt.

D. If a notice of deficiency is issued, Bidder/Contractor agrees that it shall respond to

the notice of deficiency, within seven business days of receipt, by submitting to

TBTA a written remedy in response to the notice of deficiency. If the written

remedy that is submitted is not timely or is found by TBTA to be inadequate,

TBTA shall notify the Bidder/Contractor and direct the Bidder/Contractor to

submit, within five business days of notification by TBTA a request for a partial

or total waiver of SDVOB participation goals on SDVOB 200. Failure to file the

waiver form in a timely manner may be grounds for disqualification of the bid or

proposal.

E. TBTA may disqualify a Bidder’s bid or proposal as being non-responsive under

the following circumstances:

(a) If a Bidder fails to submit an SDVOB Utilization Plan;

(b) If a Bidder fails to submit a written remedy to a notice of deficiency;

(c) If a Bidder fails to submit a request for waiver; or

(d) If TBTA determines that the Bidder has failed to document good faith

efforts.

F. If awarded a Contract, Contractor certifies that it will follow the submitted

SDVOB Utilization Plan for the performance of SDVOBs on the Contract

pursuant to the prescribed SDVOB contract goals set forth above.

G. Contractor further agrees that a failure to use SDVOBs as agreed in the Utilization

Plan shall constitute a material breach of the terms of the Contract. Upon the

occurrence of such a material breach, TBTA shall be entitled to any remedy

provided herein, including but not limited to, a finding of Contractor non-

responsibility.

III. Request for Waiver

A. Prior to submission of a request for a partial or total waiver,

Bidder/Contractor shall speak to the TBTA Contract Manager for guidance.

B. In accordance with 9 NYCRR § 252.2(m), a Bidder/Contractor that is able to

document good faith efforts to meet the goal requirements, as set forth in clause

IV below, may submit a request for a partial or total waiver on Form SDVOB 200,

accompanied by supporting documentation. A Bidder may submit the request for

waiver at the same time it submits its SDVOB Utilization Plan. If a request for

waiver is submitted with the SDVOB Utilization Plan and is not accepted by

TBTA at that time, the provisions of clauses II (C), (D) & (E) will apply. If the

documentation included with the Bidder’s/Contractor’s waiver request is

complete, TBTA shall evaluate the request and issue a written notice of

acceptance or denial within 20 days of receipt.

C. Contractor shall attempt to utilize, in good faith, the SDVOBs identified within its

SDVOB Utilization Plan, during the performance of the Contract. Requests for a

partial or total waiver of established goal requirements made subsequent to

Contract award may be made at any time during the term of the Contract to

TBTA, but must be made no later than prior to the submission of a request for

final payment on the Contract.

D. If TBTA, upon review of the SDVOB Utilization Plan and Monthly SDVOB

Compliance Report (SDVOB 101) determines that Contractor is failing or

refusing to comply with the contract goals and no waiver has been issued in

regards to such non-compliance, TBTA may issue a notice of deficiency to the

Contractor. The Contractor must respond to the notice of deficiency within seven

business days of receipt. Such response may include a request for partial or total

waiver of SDVOB contract goals.

Waiver requests should be sent to the TBTA Project Manager with a copy to the

TBTA Contract Manager.

IV. Required Good Faith Efforts

In accordance with 9 NYCRR § 252.2(n), Contractors must document their good faith

efforts toward utilizing SDVOBs on the Contract. Evidence of required good faith

efforts shall include, but not be limited to, the following:

(1) Copies of solicitations to SDVOBs and any responses thereto.

(2) Explanation of the specific reasons each SDVOB that responded to

Bidders/Contractors’ solicitation was not selected.

(3) Dates of any pre-bid, pre-award or other meetings attended by Contractor, if

any, scheduled by TBTA with certified SDVOBs whom TBTA determined were

capable of fulfilling the SDVOB goals set in the Contract.

(4) Information describing the specific steps undertaken to reasonably structure

the Contract scope of work for the purpose of subcontracting with, or obtaining

supplies from, certified SDVOBs.

(5) Other information deemed relevant to the waiver request.

V. Monthly SDVOB Contractor Compliance Report

In accordance with 9 NYCRR § 252.2(q), Contractor is required to report

Monthly SDVOB Contractor Compliance to TBTA during the term of the

Contract for the preceding month’s activity, documenting progress made towards

achieving the Contract SDVOB goals. This information must be submitted using

form SDVOB 101 available on the NY State Office of General Services website

(see link at the bottom of the page) and should be completed by the Contractor

and submitted to the TBTA, by the 10th day of each month during the term of

the Contract, for the preceding month’s activity to:

[email protected]

VI. Breach of Contract and Damages

In accordance with 9 NYCRR § 252.2(s), any Contractor found to have willfully

and intentionally failed to comply with the SDVOB participation goals set forth in

the Contract, shall be found to have breached the contract and Contractor shall

pay damages as set forth therein.

Representation and Warranty as SDVOB Contractor:

1. Contractor certifies that all information provided to the Triborough Bridge and

Tunnel Authority (TBTA) with respect to its eligibility as a Service- Disabled

Veteran- Owned Business (“SDVOB”) under Article 17-B of the Executive Law,

enacted in 2014 (“Article 17-B”) is true, accurate and complete. Contractor

agrees and acknowledges that the TBTA may verify any such information as it

deems appropriate.

2. Contractor represents and warrants to the TBTA that Contractor has

completed and submitted all required documentation including the State of

New York Office of General Services Division of Service-Disabled Veteran’s

Business Development Vendor Certification Application and is certified by

the State of New York as a Service- Disabled Veteran Owned Business.

Within five (5) business days of contract award, Contractor must submit to

the TBTA its Division of Service-Disabled Veterans’ Business Development

(“DSDVBD”) number issued by the State of New York (“DSDVBD Control

Number”).

3. The TBTA reserves the right to terminate this Contract in the event that the

certifications and representations and warranties provided by Contractor are found

to be intentionally false or incomplete. Upon such finding, the TBTA may

exercise its termination rights by proving notice to the Contractor in accordance

with the notification terms of the Contract.

Use of Service-Disabled Veteran-Owned Businesses Submission

Requirement


A. New York State Law

Bidders are advised that this contract is subject to Article 17-B of the Executive

Law, enacted in 2014 (“Article 17-B”). Article 17-B was established to promote

business opportunities for and increased participation of Service-Disabled

Veteran-Owned Businesses (“SDVOB”) in State contracting. Each bidder shall

take all necessary and reasonable steps to ensure that SDVOB’s participate and

perform work on this contract.

B. CONTRACT PROVISIONS

1. The successful bidder and the TBTA agree as a condition for the award of this

contract to be bound by the provisions of Article 17-B. Unless otherwise

stated, all terms used in this Appendix shall have the meaning ascribed to

them in Article 17-B. In the event there is a difference between what is set

forth in this Appendix and what is set forth in Article 17-B, which are

incorporated herein by reference, Article 17-B shall govern. The term

contractor refers to contractor or consultant, and the term subcontractor refers

to subcontractor or sub-consultant.

2. Contractor shall submit with its invoices to TBTA under this contract a

certified report to the TBTA that provides (i) the name, address, and the

Division of Service Disabled Veterans’ Business Development (DSDVBD)

Control Number of any SDVOB that participated in the performance of this

contract; (ii) the amount each SDVOB received to date from the Contractor;

and (iii) that all required payments under this Contract have been made to the

SDVOB or shall be made in accordance with its contract with the SDVOB.

The Contractor shall also include in its final invoice to the MTA the total

amount the prime Contractor received under the Contract and the actual

percentage of SDVOB participation achieved.

C. GOALS

The respective goals specified for the utilization of SDVOB’s expressed as a

percentage of the total contract price, including change orders issued pursuant to

the changes provision of this contract are:

_____6____%

This goal percentage is a requirement of the contract. In the event the successful

bidder’s proposed level of SDVOB participation is less than this prescribed level,

to remain eligible for contract award, the successful bidder and MTA must

convene a meeting to discuss the reasons for the Contractor’s failure. Contractor

and the Authority shall develop a recovery plan acceptable to the MTA in its sole

discretion to ensure Contractor meets its SDVOB goal. Contractor shall execute

and comply with the terms and conditions of the Recovery Plan.

The MTA Department of Diversity and Civil Rights, acting on behalf of the

TBTA, is responsible for determining compliance by the bidder/offeror with

SDVOB requirements established in this contract. The successful bidder shall

make all SDVOB -related submissions required by this contract to with a copy to

the TBTA Project Manager assigned and the MTA Department of Diversity and

Civil Rights, to the attention of:

Name: Dominick Toscano [email protected]

Metropolitan Transportation Authority

Department of Diversity and Civil Rights

2 Broadway, 16th Floor

New York, NY 10004

D. NYS-CERTIFIED

Bidders must only use SDVOBs certified by the New York State Office of

General Services. The State Directory for NYS- certified SDVOBs may be

accessed on line at: http://www.ogs.ny.gov/Core/SDVOBA.asp.

All Forms for SDVOB Waivers, Utilization Plans and Intent to Subcontract

are located in Appendix D of this contract


http://www.ogs.ny.gov/Core/SDVOBA.asp

Monthly SDVOB Compliance Form Instr. (9/16)

Instructions for Completing the Monthly SDVOB Compliance Report – SDVOB 101

The SDVOB Monthly Reporting Form is to be completed by the Contractor/Vendor, and submitted by the 10th day of each month for the duration of the Contract. This form should include all (e.g. SDVOB and non SDVOB) Subcontractors and/or Suppliers assigned by the Contractor/Vendor to perform work during the contract. This reporting should also include payments made by your Subcontractors and/or Suppliers to SDVOB firms.

Complete the form as specified below.

Contract No. Indicate the TBTA Contract No.

Contractor/Vendor Name and Address Provide your firm’s name and address.

Federal ID No. Enter your firm’s Federal ID No.

Goals Indicate SDVOB participation goals.

Reporting Period Fill in the month and year of reporting period. One copy must be submitted with final payment application.

Description of Project Briefly describe the work you are providing under the terms of this contract.

Firm Name and Address Provide the name, address and phone number of all Subcontractors/Suppliers assigned by the Contractor/Vendor on this contract or purchase agreement(s).

Federal ID No. Enter the Subcontractor’s/Supplier’s Federal ID No. If no Federal ID No. has been assigned, provide only the owner’s last four (4) digits of his or her Social Security No.

Payment This Month Indicate the amount paid this month to each Subcontractor/Supplier. If there was no income activity for a Subcontractor/Supplier, please check the box indicating “No Payment This Month.”

Contract Amount

Enter the total contract amount or purchase agreement(s) amount for each Subcontractor/Supplier.

Description of Work/Supplies Briefly describe the work performed or supplies provided by each Subcontractor/Supplier.

Submit to: Dominick Toscano, Compliance Manager [email protected] 646-252-1339


SDVOB Utilization Plan – SDVOB 100 (9/16)

SDVOB UTILIZATION PLAN Initial Plan Revised plan Contract/Solicitation #

INSTRUCTIONS: This Utilization Plan must contain a detailed description of the supplies and/or services to be provided by each NYS Certified Service-Disabled Veteran-Owned Business (SDVOB) under the contract. By submission of this Plan, the Bidder/Contractor commits to making good faith efforts in the utilization of SDVOB subcontractors and suppliers as required by the SDVOB goals contained in the Solicitation/Contract. Making false representations or providing information that shows a lack of good faith as part of, or in conjunction with, the submission of a Utilization Plan is prohibited by law and may result in penalties including, but not limited to, termination of a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Firms that do not perform commercially useful functions may not be counted toward SDVOB utilization. Attach additional sheets if necessary.

BIDDER/CONTRACTOR INFORMATION SDVOB Goals In Contract Bidder/Contractor Name:

NYS Vendor ID: %

Bidder/Contractor Address (Street, City, State and Zip Code):

Bidder/Contractor Telephone Number: Contract Work Location/Region:

Contract Description/Title:

CONTRACTOR INFORMATION Prepared by (Signature):

Name and Title of Preparer:

Telephone Number:

Date:

Email Address: If unable to meet the SDVOB goals set forth in the solicitation/contract, bidder/contractor must submit a request for waiver on the SDVOB Waiver Form. SDVOB Subcontractor/Supplier Name: Please identify the person you contacted:

Federal Identification No.:

Telephone No.:

Address:

Email Address:

Detailed description of work to be provided by subcontractor/supplier:

Dollar Value of subcontracts/supplies/services (When $ value cannot be estimated, provide the estimated % of contract work the SDVOB will perform): $ or % SDVOB Subcontractor/Supplier Name: Please identify the person you contacted:


Telephone No.:

Address:

Email Address:

Detailed Description of work to be provided by subcontractor/supplier:

Dollar Value of subcontracts/supplies/services (When $ value cannot be estimated, provide the estimated % of contract work the SDVOB will perform): $ or %

FOR TBTA USE ONLY TBTA Authorized Signature: Accepted Accepted as Noted Notice of Deficiency NAME (Please Print):

SDVOB %/$ Date Received:

Date Processed:

Comments: NYS CERTIFIED SDVOB SUBCONTRACTOR/SUPPLIER INFORMATION: The directory of New York State Certified SDVOBs can be viewed at: https://ogs.ny.gov/Veterans/Docs/CertifiedNYS_SDVOB.pdf Note: All listed Subcontractors/Suppliers will be contacted and verified by TBTA.

SDVOB Utilization Form extra (9/16)

ADDITIONAL SHEET Bidder/Contractor Name: Contract/Solicitation #

SDVOB Subcontractor/Supplier Name: Please identify the person you contacted:


Telephone No.:

Address:

Email Address:

Detailed Description of work to be provided by subcontractor/supplier: Dollar Value of subcontracts/supplies/services (When $ value cannot be estimated, provide the estimated % of contract work the SDVOB will perform): $ or % SDVOB Subcontractor/Supplier Name: Please identify the person you contacted:


Telephone No.:

Address:

Email Address:



Telephone No.:

Address:

Email Address:



Telephone No.:

Address:

Email Address:

Detailed Description of work to be provided by subcontractor/supplier: Dollar Value of subcontracts/supplies/services (When $ value cannot be estimated, provide the estimated % of contract work the SDVOB will perform)): $ or % SDVOB Subcontractor/Supplier Name: Please identify the person you contacted:


Telephone No.:

Address:

Email Address:

Detailed Description of work to be provided by subcontractor/supplier: Dollar Value of subcontracts/supplies/services (When $ value cannot be estimated, provide the estimated % of contract work the SDVOB will perform): $ or %

Monthly SDVOB Compliance Report – SDVOB 101 (9/16)

CONTRACTOR’S MONTHLY SDVOB COMPLIANCE REPORT (DUE ON THE 10TH DAY OF EACH MONTH FOR THE PRECEDING MONTH’S ACTIVITY AS EVIDENCE TOWARDS ACHIEVEMENT OF THE SDVOB GOALS ON THE CONTRACT)

Contract No.:

Contractor/Vendor Name, Address and Phone No.:

Contractor/Vendor Federal ID No.: SDVOB Goals Reporting Period

Description of Project:

%

Month Year

Firm Name, Address and Phone Number (List All Firms)

Description of Work or Supplies Provided Designation Payment This Month Contract Amount

SDVOB

Sub

Broker

Joint Venture

Written Contract

Supplier

Team

Other

No Written Contract

Federal ID No.: No Payment This Month

SDVOB

Sub

Broker

Joint Venture

Written Contract

Supplier

Team

Other

No Written Contract


SDVOB

Sub

Broker

Joint Venture

Written Contract

Supplier

Team

Other

No Written Contract


SDVOB

Sub

Broker

Joint Venture

Written Contract

Supplier

Team

Other

No Written Contract


Signature Print Name and Title Date For TBTA Use Only Submission of this form constitutes the Contractor’s acknowledgement as to the accuracy of the information contained herein. Failure to submit complete and accurate information may result in a finding of noncompliance, non-responsibility, suspension and/or termination of the Contract.

Reviewed By:

Date:

SDVOB Waiver Form – SDVOB 200 (9/16)

APPLICATION FOR WAIVER OF SDVOB PARTICIPATION GOAL (must be submitted before requesting final payment on the Contract) Section 1: Basic Information Contractor’s Name:

Federal Identification Number:

Street Address:

E-Mail Address:

City, State, Zip Code:

Telephone:

( ) -

Contract Number:

SDVOB CONTRACT GOALS

%

Section 2: Type of SDVOB Waiver Requested

Total Partial If partial waiver, please enter the revised SDVOB percentage:

%

Please explain the reason for the waiver request:

Section 3: Supporting Documentation

Provide the following documentation as evidence of your good faith efforts to meet the SDVOB goals set forth in the contract and in support of your waiver application:

Attachment A. Copies of solicitations to SDVOBs and any responses thereto. Attachment B. Explanation of the specific reasons each SDVOB that responded to Bidders/Contractors’ solicitation was not selected. Attachment C. Dates of any pre-bid, pre-award or other meetings attended by Contractor, if any, scheduled by TBTA with certified

SDVOBs whom TBTA determined were capable of fulfilling the SDVOB goals set forth in the contract. Attachment D. Information describing the specific steps undertaken to reasonably structure the contract scope of work for the purpose of

subcontracting with, or obtaining supplies from, certified SDVOBs. Attachment E. Other information deemed relevant to the request.

Section 4: Signature and Contact Information

By signing and submitting this form, the contractor certifies that a good faith effort has been made to promote SDVOB participation pursuant to the SDVOB requirements set forth under the solicitation or Contract. Failure to submit complete and accurate information may result in a finding of noncompliance, non-responsibility, and a suspension or termination of the contract.

Prepared By: (Signature) Date:

Name and Title of Preparer (Print or Type)

SDVOB Waiver form – SDVOB 200 (9/16)Reverse

For TBTA Use Only

Reviewed By:

Date:

Decision:

Full SDVOB waiver granted

Partial SDVOB waiver granted; revised SDVOB goal: _______ %

SDVOB waiver denied

Approved By:

Date:

Date Notice of Determination Sent:

Comments