HomeMy WebLinkAboutSills Farm Main House Demo
RESOLUTION 2018-1035
ADOPTED DOC ID: 14684
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1035 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 4, 2018:
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal from
Brian V. Klug Landscaping, Inc. dated November 28, 2018, in the total amount of $24,000.00 for
the demolition of Main House at Sill’s Farms, all in accordance with the Town Attorney and be it
further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to
sign a contract with Brian V. Klug Landscaping, Inc. for same, subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: James Dinizio Jr, Councilman
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell
ABSENT: Jill Doherty
�. . r RECEIVED
DEC 1 9 2016
5 x
t d • Southold Town Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: December 19, 2018
Subject: Town of Southold and Sill's Farm Property Main House
Demolition
With respect to the above-referenced matter, I am enclosing the original
Agreement regarding the above matter.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
TOWN OF SOUTHOLD
SILL'S FARM PROPERTY MAIN HOUSE
DEMOLITION
CONSTRUCTION SPECIFICATIONS
SOUTHOLD, SUFFOLK COUNTY,NEW YORK
V
Prepared By:
TOWN OF SOUTHOLD
Engineering Department
53095 Main Road
Southold, New York 11971
November 8, 2018 (631) 765-1560
SCOTT A. RUSSELL4 JAMES A. RICHTER, R.A.
SUPERVISOR w ? MICHAEL M. COLLINS, P.E.
TOWN HALL - 53095 MAIN ROAD - { TOWN OF SOUTHOLD,NEW YORK 11971
Tel. (63 I)-765-1560 yif�� Q r Fax. (631)-765-9015
MICHAEL.COLLINL-@,TOWN.SOUTHOLD.NY.US 1 JAMIE RICHTERna TOWN SOUTHOLD NY.US
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
ADDENDUM NUMBER 001: November 08,2018
Page 1 of 1
PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION
Greenport, Town of Southold
Suffolk County,New York
Attention Bidders:
The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the
Southold Town Clerk's Office before this date and time.
TOWN OF SOUTHOLD
53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 '
PHONE: 631-765-1560 / FAX: 631-765-9015
INVITATION TO BID
NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND
REQUESTED FOR THE FOLLOWING:
BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION"
Definite specifications may be obtained at the Southold Town Clerk's Office beginning
November 8, 2018
PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS:
TOWN OF SOUTHOLD November 29,2018 2:00 PM
TOWN CLERKS OFFICE
53095 MAIN ROAD
SOUTHOLD,NY 11971
CONTACT PERSON: Michael Collins, P.E.
Town of Southold, 631-765-1560
VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES.
PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME & ADDRESS OF BIDDER
2) BID NAME
BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY.
It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and
General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is
understood that the bidder has read, fully understands and will comply with said GENERAL
CONDITIONS and specification requirements.
The Town of Southold requires that this document be returned intact and that it be filled out
completely. Please do not remove any pages from this bid package, and make a copy of the bid
document for your records.
A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by
either money order, cash or business check(payable to the Town of Southold).
A non-mandatory pre-bidder's conference will be held at 10:OOAM on November 13, 2018 at the site
located at 70282 & 70284 Main Road(NYS Route 25) in Greenport, New York.
The Town of Southold welcomes and encourages minority and women-owned businesses to participate in
the bidding process.
TABLE OF CONTENTS
TOWN OF SOUTHOLD
SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION
Title Page ------
Invitation to Bid ------
Table of Contents ------
Instructions to Bidders I13-1 thru I13-6
Standard Insurance Requirements SIR 1 thru SIR 3
General Conditions GC-1 thru GC-12
Conditions of Contract CC-1 thru CC-18
Proposal Form Package Pages 1 —9
Qualification of Bidders QS-1 thru QS-4
Contract Agreement A-1 thru A-3
NYS Wage Rates ------
Town of Southold Demolition Permit One (1) Page
Technical Specifications Divisions 1 —2
Contract Drawings
Contract#C 1000970
Form B—Staffing Plan
Proposal Review Sheet
INSTRUCTIONS TO BIDDERS
INDEX
1. Receipt and Opening of Bids
2. Form, Preparation and Presentation of Proposal
3. Bid Security
4. Qualifications of Bidders
5. Rejection of Bids
6. Bidders Responsibility
7. Construction Terms and Conditions
9. Bid Reservations
10. Non-Collusive Statement
11. Addenda and Interpretations
12. Method of Award
13. Single Price Bid Analysis
14. Municipal Exempt Status
15. Labor Law
16. Wage Rates
17. Insurance Required by the Town of Southold
18. Quantities
IB - 1
INSTRUCTIONS TO BIDDERS
1. RECEIPT AND OPENING OF BIDS
The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property
Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New
York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25
Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November
29th, 2018, at which time they will be opened and publicly read aloud.
All bids received after the time stated for the opening in the Notice to Bidders may not be
considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay
in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by
means of personal delivery, the bidder assumes responsibility for having his bid deposited on
time at the place specified. Faxed bids will not be accepted.
2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL
The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on
the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be
filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines
must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a
dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request.
Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as
a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids
that contain any omission, erasure, alteration, addition or items not called for in the itemized bid
form or that contain irregularities of any kind will not be accepted. In case of discrepancy
between the unit price and total amount bid for any item, the unit price, as expressed in words,
shall govern.
The following two items will automatically render a bid unacceptable to the Town of Southold:
a. Failure to sign bid proposal page.
b. Failure to include necessary bid security deposit(as required).
It shall be fully understood that any deviations from the inclusion of the above items will be
grounds to see the bid as non-compliant and will not be considered for award.
3. BID SECURITY
(a) The Bid must be accompanied by a certified check on a solvent bank or trust company with
its principal place of business in New York State, or an acceptable bid bond, in an amount equal
to not less than five percent (5%) of the total amount bid,made payable to the Town of Southold
(herein identified as Owner), as assurance that the bid is made in good faith. The certified checks
or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the
Owner and the successful bidder; the certified check or bid bond of the successful bidder will be
retained until filing and appreval of the Per€ernaneeBond and- until the completion of ten
percent(10%)of the work under the Contract.
113 -2
INSTRUCTIONS TO BIDDERS
(b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and
bonds required within ten (10) days after the date of notice of the acceptance of his bid, shall
forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited
with his bid.
4. QUALIFICATIONS OF BIDDERS
(a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment,
experience and financial ability to insure completion of the work are provided with the bid
specification package, and shall be filled out by the contractor and returned with the bid
submission.
(b) Information contained in any statement of financial ability shall be not more than thirty days
old at the time of submission.
(c) The Town reserves the right to make such investigation as it may deem necessary or
advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the
Town, on request, all data and information pertinent thereto. The Town reserves the right to
reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do
the work. Financial instability of a bidder may be cause for non-award.
5. REJECTION OF BIDS
(a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the
qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD
that such bidder is properly qualified to carry out the obligations of the Contract and to complete
the work contemplated therein. Conditional bids will be considered informal and will be
rejected.
(b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive
any informality in any or all bids, and to accept the bid or part thereof which it deems most
favorable to the Town after all bids have been examined and/or checked.
6. BIDDERS RESPONSIBILITY
(a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed
improvement and having made themselves familiar with local conditions. The attention of
persons intending to submit bids is specifically called to the paragraph of the Contract which
debars a Contractor from pleading misunderstanding or deception because of estimates or
quantities, character, location or other conditions surrounding the same. Special attention is
called to the notes on the Plans or in the itemized form of bid, which are made a part of this
Contract,which may alter or revise the Specifications for the particular contract.
(b) No representation is made as to the existence or nonexistence of groundwater, which may in
any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself
as to groundwater and sub-surface conditions prior to submitting his bid.
(c) The submission of a bid will be construed to mean that the bidder is fully informed as to the
IB - 3
INSTRUCTIONS TO BIDDERS
extent, cost, and character of the materials, labor, and equipment required to complete the
proposed job in accordance with the Plans and Specifications, including all other expenses
incidental thereto.
(d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the
nature and amount of the whole of the work to be done, and for the bid prices, must assume all
risks of variance by whomsoever made in computation or statement of amounts or quantities
necessary to fully complete the work in strict compliance with the Contract Documents.
(e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever
material and under whatever conditions he may encounter or create, without extra cost to the
Town.
(f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist,
or of conditions or difficulties that may be encountered in the execution of the work under this
Contract, as a result of failure to make the necessary examinations and investigations, will be to
fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a
basis for any claims whatsoever for extra compensation, or for an extension of time.
7. CONSTRUCTION TERMS AND CONDITIONS
The successful bidder is warned that the work specified in the Conditions of Contract, together
with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and
instructions of the Engineer or his duly authorized representative will be rigidly enforced.
8. SECURITY FOR FAJT-HFUL PERFORMANCE AND MA4NT-ENAN4C-E
The suceessful bidder- shall be r-equired to Aq,eeute a Pet=foFmanee Bond eEiva4 ta ene hundred
0
O o«; or bends a «ed b „11 ♦ .,1. 9 eyed-tly the-Ovffief.—The 8t=fefman �
Bond shall be vai#ea so as to remain in U! 93ree and effeet as a maintenanee bond feF a period
of not less tb..,„ e(i)year after-the date of nal ., tanee of the work.
The sueeessful bidder-,upon failtwe to emeeute and deliver-the bonds required xA44iin ten(10) days
after-the date of netiee of award, shall fimfeit to the&A%er-, as liquidated damages for-sueh faili
or-refusal,the seeuFity depesited Ai�his bid, and he will be liable for-and he agrees to pay te th
No plea fmistake bY* a bid shall be available + the bidder For- reeever-y f b '.
deposit or- as a defense to any aetien upon meepted bid unless said mistake ean be pfeven by
___.....ay...,...> .,....ellee uvvvrtuvlc., lvzthe Zvwrr.
After- approval of the bonds and emeeutien ef the Cei#faet wid after-ten (10) per-eent of the wefk
has been m1.J , V Vl\L JVVIAl lIy aeeempanying the bid A411 be r-etufned.
IB -4
INSTRUCTIONS TO BIDDERS
9. BID RESERVATIONS
Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This
period may be extended, for the benefit of the Town, by mutual agreement between the Bidder
and the Purchasing Agent.
10. NON-COLLUSIVE STATEMENT
The form of non-collusion bidding certification contained in the proposal package must be
executed by the Bidder and submitted with the proposal. The submission of this statement
certifies that the prices in this bid have been arrived at independently without collusion,
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor.
11. ADDENDA AND INTERPRETATIONS
Every request for information or interpretation of the Contract Documents or Drawings must be
addressed in writing to Michael Collins, P.E. at the Town Engineering Department of Southold
53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any
consideration, must be received at least five (5) days prior to the date fixed for the opening of
bids. Any such interpretations or supplemental instructions will be in the form of written
addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to
receive any such addenda will not relieve the bidder of any obligation under his bid as submitted.
Any addenda so issued shall become part of the Contract Documents.
12. METHOD OF AWARD
The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the
public interest, taking into consideration the reliability of the bidder, the quality of the materials,
equipment, or supplies to be furnished, and conformity with the specifications.
13. SINGLE PRICE BID ANALYSIS
In the event a single bid is received, the Town will conduct a price analysis of the bid price prior
to the award of the contract.
14. MUNICIPAL EXEMPT STATUS
The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be
included in proposal prices.
15. LABOR LAW
The Contractor and each and every subcontractor performing work at the site of the project to
which this Contract relates shall comply with the applicable provisions of the Labor Law, as
amended, of the State of New York.
113 - 5
INSTRUCTIONS TO BIDDERS
Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of
Contract,Paragraph 11, which are hereby referred to and made a part hereof.
16. WAGE RATES
The rates of wages determined by the New York State Industrial Commissioner pursuant to the
Labor Law, which shall be paid on this project, are set forth herein following the Instructions to
Bidders.
Contractors and subcontractors are required to submit to the Town, within thirty days after
issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll
records, subscribed and affirmed as true under the penalties of perjury.
17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD
The successful bidder will be required to procure and pay for the following types of insurance, as
set forth in more detail herein following the Instructions to Bidders in the Standard Insurance
requirements Section.
(a) Comprehensive Automobile Policy
(b) Comprehensive General Liability
(c) Excess/Umbrella Insurance
(d) Owner's and Contractor's Protective Liability
(e) Workmen's Compensation Insurance
(f) Disability Insurance and Unemployment Insurance
18. QUANTITIES
Any quantities set forth in the bid specifications are approximations only. No guarantee is made
for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual
work done at the unit prices quoted.
IB - 6
STANDARD INSURANCE REQUIREMENTS
TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS
INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE
CERTIFICATES
INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent
contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold
itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD,
and that it, its agents and employees will not make claim, demand or application to or for any right or
privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited
to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or
retirement membership or credit.
INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained
all insurance required under the following paragraphs, and the Town of Southold has approved such
insurance.
WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this
contract, such insurance as will protect both the Town and the contractor from claims under worker's
compensation acts and amendments thereto and from any other claims for property damage and for
personal injury including death, which may arise from operations under this contract, whether such
operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of
Certificate to be provided to the Town of Southold.
DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out
and maintain during the entire term of the contract any disability benefits and unemployment insurance as
required by law. Copy of Certificate to be provided to the Town of Southold.
GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during
the life of the contract, such bodily injury liability and property damage liability insurance as shall protect
him and the Town from claims for damages for bodily injury including accidental death, as well as from
claims for property damage which may arise from operations under this contract,whether such operations
be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It
shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to
fully protect himself and the Town, but in no instance shall amounts be less than those set forth below.
These amounts are specified only to establish the minimum coverage acceptable.
Bodily injury liability and property damage liability insurance in an amount not less than
$1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of
not less than$1,000,000 (one million dollars) on account of all accidents (general aggregate).
EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain
during the life of the project an excess/ umbrella insurance policy in an amount of not less than
$2,000,000 (Two million dollars) each occurrence and aggregate.
SIR- 1
STANDARD INSURANCE REQUIREMENTS
OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE:
1. Coverage shall be written on commercial general liability form.
2. Coverage shall include:
A. Contractual liability
B. Independent contractors
C. Products and completed operations
AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage
liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL)
of$1,000,000(one million dollars).
OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE:
1. Coverage shall include:
A. All owned vehicles
B. Hired car and non-ownership liability coverage
C. Statutory no-fault coverage
CONTRACTORS PROTECTIVE LL4BILITY: An OCP Policy shall be required by the Town of
Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate.
This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND
TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance
policy.
ADDITIONAL CONDITIONS OF INSURANCE:
1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested
by the Town.
2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of
the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less
than 10 days prior to the date and time of cancellation or non-renewal.
CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior
to commencing work under this contract, a certificate of insurance.
1. Certificate of insurance shall include:
A. Name and address of insured B. Issue date of certificate
C. Insurance company name D. Type of coverage in effect
E. Policy number F. Inception and expiration dates of policies included
G. Limits of liability for all policies on certificate.
included on certificate
SIR- 2
STANDARD INSURANCE REQUIREMENTS
.Description ofot)etatioiMo,'cati'ons/etc. Box must include the statement:
TOWNO` F`SO`UTH OLD IS LISTED AS ADDITIONAL INSURED"
CERTIFICATEHOLDER SHALL BE LISTED AS:
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OFSOUTH LD,
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2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire
during the life of the contact, the Town shall be provided with a new certificate indicating
the replacement policy information as requested above. Thirty days (30) prior written
notice to the Town of Southold for cancellation is applicable.
SIR- 3
GENERAL CONDITIONS
INDEX
1. Definitions of Terms
2. Standards of Workmanship
3. Samples
4. Manufactured Materials
5. Laboratory
6. Shop Drawings
7. Permits
8. Plans and Specifications
9. Cutting, Patching and Digging
10. Errors, Omissions and Discrepancies
11. Temporary O f ee&Toilet
12. Proper Method of Work and Proper Materials
13. Inspection
14. Waiver
15. Water and Electric Power
16. Machinery and Equipment
17. Maintenance
18. Schedule of Operations
19. Right to Use Work
20. Notice of Warning
21. Warning Signs
22. Accident Prevention
23. Damages
24. Maintenance of Traffic
25. Final Site Cleaning
26. Protection of Land Markers,Trees, Shrubs, and Property
27. Protection of Utilities
28. No Damages for Delay
29. Record Keeping
30. Subcontractors and Suppliers
31. Penal Law
GC - 1
GENERAL CONDITIONS
1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the
Specifications, it is understood that they have the meaning defined below:
PLANS: All official drawings or reproductions of drawings pertaining to the work or to any
structure connected therewith.
SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this
document, together with all documents of any description and agreements made (or to be made)
pertaining to the methods or manner of performing the work and/or to the quantities and quality of
materials to be furnished and accepted under this Contract.
OWNER: Shall mean Town Board, Town of Southold.
ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the
Owner in the execution of the work covered by the consultants and assistants engaged by the Owner
and the Engineer to the extent of the particular duties entrusted to them.
CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to
Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions,
Special Conditions, Specifications, Construction Drawings, Addenda, , and all
supplemental agreements made or to be made.
CONTRACTOR: The parry of the second part hereto, whether corporation, firm or individual, or
any combination thereof, and successor, personal representatives, executors, administrators and
assigns, and any person, firm or corporation who or which shall at any time be substituted in place
of the second part under this Contract.
INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any
and all necessary inspections of the work performed and the materials furnished by the Contract.
MATERIALS: Any approved materials acceptable to the Engineer and conforming to the
requirements of these Specifications.
WORK: All of the work proposed to be accomplished at the site of the project, and all such other
work as is in any manner required to accomplish the complete project. This includes all plant, labor,
materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the
carrying out and completion of the terms of this Contract. The term "work performed" shall be
construed to include the material delivered to and suitably stored at the site of the project.
2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any
detail or an apparent omission from them of a detailed description concerning any work to be done
and materials to be furnished shall be regarded as meaning that only the best general practice
observed in the latest current construction work is to prevail and that only material and
workmanship of first quality is to be used in this connection and all interpretations of these
Specifications shall be made upon this basis.
GC -2
GENERAL CONDITIONS
3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall
be in accordance with approved samples.
Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of
materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if
necessary, to permit a resubmission of samples to the Engineer until approval is given.
Work and material shall be furnished and executed in accordance with approved samples, in every
aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date
and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate
size to show quality, type, color, range and finish and texture of material. Materials shall not be
ordered until approval is received in writing from Engineer.
4. MANUFACTURED MATERIALS: Where several materials are specified by name, the
Engineer shall have the right,before execution of the Contract,to require any and all bidders to state
the materials upon which they based their bid. Where any materials are specified by name or trade
name, or by catalog number of a company or companies, the Contractor shall furnish the article
mentioned unless approval of the Engineer is obtained in writing for a substitution. Should
Contractor desire to substitute another material for one or more specified by name, he shall apply in
writing for such permission and state credit or extra involved. He shall also provide supporting data
and samples for Engineer's consideration.
Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be
applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the
manufacturer and including the necessary preparation to properly install the work. Where reference
is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as
required.
The materials used in construction shall be disposed as not to endanger the work, and so that full
access may at all times be had to partly completed work and structures and they shall be so disposed
as to cause no injury to those having access to the work or any of the units.
All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their
respective trades. Standards of work required throughout shall be of such grades as will bring first-
class results only. The type of labor employed by the Contractor shall be such as will insure the
uninterrupted continuity of the entire work,without conflict of any kind.
5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to
be used under the Contract. Where tests are made by other than the designated laboratories, two
certified copies showing correctly the chemical analysis and physical tests shall be furnished to the
Engineer.
6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop
drawings and schedules and no work shall be fabricated until his approval has been given. All shop
drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of
approval evidencing that the drawings have been checked.
GC - 3
GENERAL CONDITIONS
The Contractor will make any corrections in the drawings required by the Engineer and will file
with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules
shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting
drawings or schedules; or(b) deviations from Plans and Specifications unless the Contractor, at the
time of submission of said drawings and schedules, has given notice to the Engineer of any such
deviations.
7. PERMITS:
7.1 Municipal: All work in connection with the installation of pipes or other underground structures
of a like nature either within or without the limits of the highway, shall follow all the provisions as
contained herein together with the provisions, as they apply, of the Highway Law (Town Code)
with all subsequent changes, additions or corrections thereto.
A. The Contractor shall obtain from the Building Department a -certificate of occupancy,
whenever the scope of work of the Contract provides for the construction of a building or structure,
or for modification or alteration of a building or structure, so that a certificate of occupancy, or a
revised certificate of occupancy is required under state and/or local law.
The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto,
including but not limited to the following, unless Contractor is specifically required to obtain the
same pursuant to other provisions of this document:
(1) Building permit
(2) Fire prevention permit
(3) Health Department/Application to construct
a) Sanitary system including SPDES permit
b) Hazardous materials storage
The following additional permits when required under law shall also be obtained by the Owner:
(1) NYSDEC permit(s)
(2) Town Division of Environmental Protection
(3) Suffolk County Farmland Committee
(4) U.S. Army Corp of Engineers
The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and
conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be
responsible for acquisition of all pertinent information necessary for such compliance.
The Contractor shall be responsible for: (1) Coordinating all building department and other
department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health
Department inspections and approvals, (4) Obtaining final certificate of occupancy.
On projects involving multiple contracts, it shall be the responsibility of the"General Contractor"to
GC -4
GENERAL CONDITIONS
coordinate with the building department and other agencies and to obtain the certificate of
occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than
the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the
scope of their contract with the G.C., and/or as may be appropriate, directly with the approving
agency.
In the event that one or more of the contractors on a multi-contract project fails to perform the work
in a timely manner, thereby causing undue delay in the completion of the project, and the issuance
of the certificate of occupancy, the owner shall in that event, have the option to exercise "The
owners right to stop work or terminate contract" as provided for in the conditions of the contract.
B. Pipes and Underground Structures: All work in connection with the installation of pipes or
other underground structures of a like nature either within or without the limits of the highway, shall
follow all the provisions, as they apply, of the Highway Law As per Town Code Standards)with all
subsequent changes, additions or corrections thereto.
C. Any work to be performed within the Town Highway right-of-way will require a Town
Highway Department road-opening permit.
Obtaining of the permit and subsequent release/approval shall be the responsibility of the
Contractor.
Aeeeptmee of the eentfaeter-'s per-fennanee bend in lieu of the GefArac4er-s read epening bend shall
be at the option of the Highway Department.
7.2 Suffolk County: All permits required for opening County roads and making connections with
County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job
at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any
County road or make any connection to any County drain until he has been supplied with this
permit.
(a) Department of Public Works
All permits required for opening County roads and making connections with County drains, will be
obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be
supplied to the Contractor. The Contractor will not be permitted to open any County road or make
any connection to any County drain until he has been supplied with this permit.
The Contractor shall be responsible for conformance to all conditions of the permit and for the
subsequent release/approval.
(b) Department of Health Services:
The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits
described in paragraph 7.1 A.
GC - 5
GENERAL CONDITIONS
7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits
whenever the Contract requires any work to be done within or upon existing State highway right-of-
ways. These permits shall be obtained from the District Office in Hauppauge prior to the
performance of the work. Upon application for the permit, the Contractor will be required to supply
the following:
(1) Three (3) copies of a sketch or print showing description and location of the proposed work.
The Engineer will supply these prints to the Contractor.
(2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be
furnished in amounts and manner as required by the State of New York. The contingent protective
liability and completed operations liability insurance policy to cover:
"The people of the State of New York and/or the Superintendent of Public Works covering liability
arising with respect to all operations through highway permits by permittee or by anyone acting by,
through or for the permittee, including omissions and supervisory acts of the State", in the amount
of personal injury(including death)and property damage as required.
8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans
and Specifications giving all the details and dimensions necessary for carrying out the work. One
copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site.
Anything shown on the Plans and not mentioned in the Specifications or mentioned in the
Specifications and not shown on the Plans and all the work and materials necessary for the
completion of the work according to the intent and meaning of the Contract shall be furnished,
performed and done as if the same were both mentioned in the Specifications and shown on the
Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy
between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer,
whose decision thereon shall be conclusive.
In the event the meaning of any portion of the Specifications or Drawings or any supplementary
drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best
type of construction,both as to materials and workmanship,which reasonably can be interpreted.
All materials and workmanship must be strictly in accordance with the Specifications.
The Plans show approximate size, arrangement and location of the proposed work. The Engineer
will give base lines, grades, shapes and dimensions and the Contractor shall construct the work
exactly in accordance with such instructions of the Engineer subject, however, to change as
provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the
Contractor".
Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at
cost of reproduction.
The Contractor shall furnish to each of the subcontractors and materialmen such copies of the
Contract Documents as may be required for their work.
GC - 6
GENERAL CONDITIONS
9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or
patching of his work that may be required to make its several parts come together properly and fit it
to receive or be received by work of other contractors shown upon or reasonably implied by
Drawings and Specifications for the completed structure, and he shall make good after them as
Engineer may direct.
Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor.
The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or
alter the work of any other contractor save with the consent of the Engineer.
10. ERRORS,OMISSIONS AND DISCREPANCIES:
a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other
documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or
documents, notify the Engineer in writing of such errors or omissions. In the event of the
Contractor's failing to give such notice, he will be held responsible for the results of any such errors
or omissions and the cost of rectifying the same.
b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in
such a manner as will make it impossible to produce a first class piece of work, or should
discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the
Engineer for interpretation before proceeding with the work. If the Contractor fails to make such
references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work
in satisfactory manner as directed.
c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions,
the Contractor shall be deemed to have estimated on the more expensive way of doing the work,
unless he shall have asked for and obtained a decision in writing from the Engineer, before the
submission of bids, as to which method or material will produce the results to the best interest of the
Town.
11. TEMPORARY BF4I�-&& TOILET. The Gentf e*er shat p ide an ^f^e trailer for,
by the town and its represenWivea-s. The. t-r-Ailer- shall be elimate eepArelled and have a elean p1m
table, desk and ehair—provided inside.—The Contractor shall provide and maintain a sanitary
temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and
weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside
toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site.
12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have
the power in general to direct the order and sequence of the work, which shall be such as to permit
the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to
bring the several parts of the work to a successful completion at about the same time.
If at any time before the commencement or during the progress of the work the materials and
appliances used or to be used appear to the Engineer as insufficient or improper for assuring the
GC - 7
GENERAL CONDITIONS
quality of the work required, or the required rate of progress, he may order the Contractor to
increase their efficiency or to improve their character, and the failure of the Engineer to demand any
increase of such efficiency or improvement shall not release the Contractor from his obligation to
secure the quality of work or the rate of progress specified.
During freezing or inclement weather, no work shall be done except such as can be done
satisfactorily and in a manner to secure first-class construction throughout. All work shall be done
in such a manner as will properly protect and support existing permanent structures,pipe lines, etc.
13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished.
Such inspections may extend to all parts of the work and to the preparation or manufacture of the
materials to be used. In case of any dispute arising between the Contractor and the Inspector as to
materials furnished or the manner of performing the work, the Inspector shall have the authority to
reject material or suspend the work until the question at issue shall be referred to and decided by the
Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any
requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue
instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or
perform other duties for the Contractor or interfere with the management of the work by the latter.
Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding
the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the
terms of the Contract.
The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to
guarantee that all work and materials shall, upon final completion of the work, be turned over to the
Owner in a complete and perfect condition and he shall be responsible for the proper care,
maintenance and protection of all work and material until his entire Contract is completed and all
work and materials found in good condition and accepted. The Contractor will be held responsible
for the entire work until completed and accepted by the Engineer and the Owner.
The Contractor shall, at all times,provide the Owners, Engineer, assistants and inspectors under him
with necessary facilities for determining both on the work and at the places of manufacture, that all
work being performed and all materials being manufactured are strictly in accord with the Contract.
Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the
work including action of the elements or any other cause whatsoever. The Contractor shall
continuously and adequately protect the work against damage from any cause.
14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor
any order, measurement or certificate by the Engineer nor any order by the Owner for the payment
of any money nor any payment for or acceptance of, the whole or any part of the work by the
Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its
employees shall operate as a waiver of any provision of this Contract or of any power herein
reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach
of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract
shall be construed as cumulative; that is in addition to each and every remedy herein provided.
GC - 8
GENERAL CONDITIONS
15. WATER AND ELECTRIC POWER: All water and electric power supply for construction
purposes must be provided by the Contractor. The cost shall be borne by the Contractor.
16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in
the prosecution of the work or in connection therewith, shall at all times be in proper working
condition.
The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance
resulting from his operations. He shall, upon written notification from the Engineer, make any
repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these
requirements.
17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any
portion of the work shall,in the opinion of the Owner,require repairing, replacing, or rebuilding,the
Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner,
and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the
Owner may employ such other person or persons as they deem proper to make such repairs and pay
the expense thereof out of any sum retained by them, provided nothing herein contained shall limit
the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's
obligations at any time.
18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the
Contractor shall submit a proposed program of operations, showing clearly how he proposes to
conduct the work so as to bring about the completion of his work within the time limit specified.
This program shall outline the proposed sequence of operations, the rates of progress and the dates
when his work will be sufficiently advanced to permit the installation of work under this Contract.
19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of
the work, which may be in condition to use any time previous to its final acceptance by the Owner.
Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the
whole or any part of the material furnished or work performed under the Contract.
20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons
supplying labor or materials for the work, or refuse or fail to supply enough properly skilled
workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such
diligence as will insure its completion within the period herein specified (or any duly authorized
extension thereof) or fail to complete the work within said period or fail or refuse to regard laws,
ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail
to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the
Contractor fails to comply with said Notice of Warning within five(5) days from receipt thereof,the
Owner shall have the right to terminate the Contract.
21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and
detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and
excavations shall be marked with not less than two lights,which shall be not more than 4 feet apart.
All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise.
GC - 9
GENERAL CONDITIONS
22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall
exercise all reasonable precautions for the protection of persons and property. The safety provisions
of applicable laws, building and construction codes shall be observed. Machinery, equipment and
all other physical hazards shall be guarded in accordance with the safety provisions of the Manual
of Accident Prevention in Construction published by the Associated General Contractors of
America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws
or regulations.
If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the
Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any
operation, practice or condition shall be promptly discontinued and before the affected part of the
work is resumed,remedial action taken.
The Owner reserves the right to remedy any neglect on the part of Contractor as regards the
protection of the work which may come to its attention, after 24 hours'notice in writing; except that
in cases of emergency it shall have the right to remedy any neglect without notice, and in either case
to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing
paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe
prosecution of the work.
23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any
cause connected with the Contract and shall indemnify and save harmless the Owner from any and
all claims and any and all liability or responsibility of every nature and kind for any loss, damage or
injury which may be brought against the Owner or any of its officers or agents, by reason of, or
connected with the work or materials furnished under the Contract and shall pay all costs and
expenses of every kind, character, and nature whatever, occurring upon or arising out of the
Contract.
24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the
time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should
become necessary, because of the lateness of the season, or any other reason to stop the work, the
Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where
necessary,prepare the roads so there will be minimum interference with traffic, set up and maintain
a competent organization as directed by the Engineer, to keep the highways in first class condition
for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the
work during the time it is closed.
25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall
prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be
cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as
called for in the items of the Specifications shall be complete in every detail. The Contractor shall
clean all construction areas free from accumulated forms, excavation fill, construction materials and
construction shanties. All areas shall be completed in every detail and shall be broom cleaned from
excess dirt and materials.
GC - 10
GENERAL CONDITIONS
26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY:
Wherever in the conduct of the work, a monument marking a point of public or private survey is
encountered or brought to view by excavation, the fact shall at once be communicated to the
Engineer. In no case shall the Contractor remove the same until the location for resetting shall have
been made by the Engineer. All monuments or land markings exposed to view when the work is
first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or
disturbance of position of the same.
The unit price of all items shall include the cost of restoring to its former condition any sidewalks or
curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction.
No additional payment will be made.
The Contractor is required at his own expense to obtain any and all permits for use of private
property if he uses such property for storage, transportation or accomplishment of the work under
the Contract. Private property shall be cleaned up neatly, any damage repaired and premises
restored to their original condition.
27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence
of structures of municipal and other public service corporations on or adjoining the site of the work,
and give reasonable opportunity to and cooperation with the owners of these utilities in the work of
reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay
or interfere as little as practicable with the work of the Contractor. Any additional cost of various
items of work because of these utilities shall be included in the price bid for these items.
The Engineer shall direct the public utility corporations to shift or remove those utility structures
that may be necessary to permit the Contractor to carry out the work in accordance with the Plans.
The Contractor shall not remove or cause to be removed, any structure or part of a structure owned
by a public utility corporation without the approval of the Engineer.
The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface
or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible
for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a
way as to delay or interfere as little as practicable with the work of the utility corporation.
28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the
Contractor agrees to make no claim for damages for delay in the performance of this Contract
occasioned by any act of the Town or any of its representatives, and agrees that any such claim
shall be fully compensated for by an extension of time to complete performance of the work as
provided herein. This provision shall not apply to any act or omission to act of the Town or any
of its representatives, wherein the same is done in bad faith and with deliberate intent to delay
the Contractor in the performance of this Contract.
29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate
books, records, documents, accounts and other evidence directly pertinent to performance under
this contract (hereinafter the "records"). The records must be kept for the balance of the contract
term and for six (6) years thereafter.
GC - 11
GENERAL CONDITIONS
30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer
of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to
be employed on the project and the general items of work to be done by them. Simultaneously, the
Contractor shall furnish written notice of the names of suppliers of materials to be used on the
project. The Owner may disapprove for good cause any subcontractor or material supplier selected
by the Contractor by giving written notice of its disapproval within five (5) days after receiving the
names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly
notify the Owner of the names of the subcontractor or material supplier selected in replacement
which shall again be subject to approval by the Owner.
31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows:
Construction or blasting near pipes conveying combustible gas
No person shall discharge explosives in the ground, nor shall any person other than a state or county
employee regularly engaged in the maintenance and repair thereof excavate in any then existing
street, highway, or public place, unless notice thereof in writing shall have been given at least
seventy-two hours in advance to the person, corporation or municipality engaged in the distribution
of gas in such territory. The person having direction or control of such work shall give such notice,
and further he shall ascertain whether there is within one hundred feet in such street, highway or
public place, or in the case of a proposed discharge of explosives within a radius of two hundred
feet of such discharge, any pipe of any other person, corporation or municipality conveying
combustible gas, and if thereby any such pipe, he shall also give such notice to any other such
person, corporation or municipality. Provided, however, that in any emergency involving danger to
life, health, or property it shall be lawful to excavate without using explosives if the notices
prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a
person or persons from an immediate and substantial danger of death or serious personal injury if
such notices are given before any such discharge is undertaken. Any such work shall be performed
in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the
provisions of this section shall be a misdemeanor.
GC - 12
CONDITIONS OF CONTRACT
INDEX
1. Contract Documents and Definitions
2. Scope of the Work
3. Compensation to be paid to the Contractor
4. Time of Essence
5. Commencement of Work
6. Time of Completion
7. Liquidated Damages for Delays
8. Extension of Time. No Waiver
9. Weather
11. Laws and Ordinances
12. Qualifications for Employment
13. Non-Discrimination
14. Payment of Employees
15. Estimates and Payments
16. Acceptance of Final Payment Constitutes Release
17. Construction Reports
18. Inspection and Tests
19. Plans and Specifications: Interpretations
20. Subsurface Conditions Found Different
21. Contractor's Title to Materials
22. Superintendence by Contractor
23. Protection of Work,Persons and Property
24. Representations of Contractor
25. Patent Rights
26. Authority of the Engineer
27. Changes and Alterations
28. Correction of Work
29. Weather Conditions
30. The Owner's Right to Withhold Payments
31. The Owner's Right to Stop Work or Terminate Contract
32. Contractor's Right to Stop Work or Terminate Contract
33. Responsibility for Work
34. Use of Premises and Removal of Debris
35. Suits of Law
36. Power of the Contractor to Act in an Emergency
37. Provisions Required by Law Deemed Inserted
38. Subletting, Successor and Assigns
39. General Municipal Law Clause
40. Grades,Lines,Levels,and Surveys
41. Insurance Requirements
42. Foreign Contractors
43. Lien Law
44. Refusal to Waive Immunity
45. Exemption from Sales and Use Tax
CC - 1
CONDITIONS OF CONTRACT
1. CONTRACT DOCUMENTS AND DEFINITIONS
The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General
Conditions, Specifications, Form of Contract, Construction Drawings, together with any
Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the
parties hereto, as if they were herein fully set forth. The table of contents, titles, heading,
headlines, and marginal notes contained herein are solely to facilitate reference to various
provisions of the Contract Documents and in no way affect, limit or cast light upon the
interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is
used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form,
Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction
Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of
the Contract and those of the Specifications,the provisions of this Contract shall govern.
Extra Work: The term "extra work", as used herein, refers to and includes all work required by
the Owner, which in the judgment of the Engineer involves changes in or additions to work
required by the Plans, Specifications and any Addenda in their present form and which is not
covered by a specific unit price in the Form of Bid.
Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying
labor and material for work at the site of the project but not including the parties to this Contract.
Notice: The term "notice", as used herein, shall mean and include written notice. Written notice
shall be deemed to have been duly served when delivered to, or at last known business address
of, the person, firm or corporation for whom intended, or his,their, or its duly authorized agents,
representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed
to such person, firm or corporation at his, their or its last known business address and deposited
in a United States mailbox.
Directed, Required, Approved, Acceptable: Whenever they refer to the work or its performance,
"directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like
import shall imply the direction, requirement, permission, order, designation or prescription of
the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of
like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the
Engineer.
2. SCOPE OF THE WORK
The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities
and things necessary or proper for, or incidental to, the work contemplated by this Contract as
required by, and in strict accordance with the applicable Plans, Specifications and Addenda
prepared by the Engineer and/or required by, and in strict accordance with, such changes as are
ordered and approved pursuant to this Contract, and will perform all other obligations imposed
on him by this Contract.
CC -2
CONDITIONS OF CONTRACT
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
(a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full
the summation of products of the actual quantities in place upon the completion of the work, as
determined by the Engineer's measurements, by the unit prices bid, no allowance being made for
anticipated profit or for reasons of variations from the estimated quantities set forth in the Form
of Bid.
(b) Extra Work: The Owner may, at any time, by a written order and without notice to the
Sureties, require the performance of such extra work or changes in the work as it may find
necessary or desirable. The amount of compensation to be paid to the Contractor for any extra
work, as so ordered, shall be determined as follows:
1)By such applicable unit prices,if any, as set forth in the Contract; or
2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon
by the Owner and the Contractor; or
3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump
sum; then by actual net cost in money to the Contractor of the materials, permits, wages of
applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law,
rental for plant and equipment used (excluding small tools) to which total cost will be added
twenty (20) percent as full compensation for all other items of profit, costs and expenses,
including administration, overhead, superintendence, insurance, insurance other than Workmen's
Compensation Insurance, materials used in temporary structures, allowances made by the
Contractor to subcontractors,
and the use of small tools.
4. TIME OF ESSENCE
INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF
PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF
ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC
IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH
PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT.
5. COMMENCEMENT OF WORK
The Contractor agrees that he will commence work immediately on and not later than ten (10)
days after signing of the Contract.
6. TIME OF COMPLETION
The time of completion of the entire contract work shall be THIRTY (30) CONSECUTIVE
CALENDAR DAYS from the date the contract is signed by all parties. The date of such
completion shall be the date of the Certification of Completion herein specified. The entire work
must be satisfactorily completed so that the project improvements are available to the Town for
use.
CC -3
CONDITIONS OF CONTRACT
The Owner reserves the right to order the Contractor to suspend operations, when in the opinion
of the Engineer, improper weather conditions make such action advisable, and to order the
Contractor to resume operations when weather and ground conditions permit. The days during
which such suspension of work is in force are not chargeable against the specified completion
date.
7. LIQUIDATED DAMAGES FOR DELAYS
The time limit being essential to and of the essence of this Contract,the Contractor hereby agrees
that the Owner shall be, and is hereby authorized to deduct and retain out of the money which
may be due or may become due to said Contractor under this agreement, the sum of One
Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and
determined by the parties hereto as the liquidated damages, including overhead charges, services,
inspector's wages and interest on the money invested, that the Owner will suffer by reason of
such default, for each and every day during which the aforesaid work may be incomplete over
and beyond the time herein stipulated for its completion in 6 — Time of Completion, provided,
however,that the Owner shall have the right to extend the time for the completion of said work.
8. EXTENSIONS OF TIME. NO WAIVER
If the Contractor shall be delayed in the completion of his work by reason of unforeseeable
causes beyond his control and without his fault or negligence, including but not restricted to, acts
of God or of the public enemy, fires,floods, epidemics, quarantine restrictions, strikes,riots, civil
commotion's or freight embargoes, the period herein above specified for completion of his work
shall be extended by such time as shall be fixed by the Owner.
No such extension of time shall be considered a waiver by the Owner of its right to terminate the
Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the
Contractor from full responsibility for performance of his obligations hereunder.
9. WEATHER
During unsuitable weather, all work must stop when such work would be subject to injury and
the Contractor shall transfer his men and materials to those parts of the work where weather
conditions will not have any effect on the workmanship. The Contractor shall not be entitled to
any damages on account of such damages or suspension, and he must protect any work that
might be injured by the elements and make good any work that is injured.
10 CONTRACT-CT- CL'!4JR:1TV
Bond, >
equal to onehundred pereent 0
) of the amount of the bid as seeufity for- the faidl-ful peffeiinance e
eennection -A4th this GerAr-aet. The Per-fefmanee Bond shall be Y"fitten so as to remain in full
foree and eff-eet as a maintenanee bend fef a period of net less than ene (1) year- after-the date e
weeptanee of the work by the Engineen
CC -4
CONDITIONS OF CONTRACT
(b) Additional or- SubstitiAe Bond: if at any time the Ovmer-shall be or-beeeme dissatisfied WM
ai+y surety or eason sueh bond shall eease to be adequate seeurity
!Y sureties, F
the O vvixef,the Gent�Etershall—�d within five (5) days afterz otiee ff.,,-,, the (1wfier to do se-,
substitute an aeeeptable bond in sueh fiafm and sum and signed by sueh other- sufety as may ,
safisfitc4er-y to the 0,A%er-. The premiums on sueh bonds shall be made until the new surety shall
have been qualified,
11. LAWS AND ORDINANCES
In the execution of the Contract, the Contractor shall comply and obey all federal, state, county
and local laws, ordinances, codes and regulations relating to the performance of the Contract,
including but not limited to, labor employed thereon, materials supplied, obstructing streets and
highways, maintaining signals, storing, handling and use of explosives and all other general
ordinances and state statutes affecting him or his employees or his work hereunder in his
relations with the Municipality or any other persons, and also all laws, codes, ordinances
controlling or limiting the Contractor while engaged in executing the work under the Contract.
As a condition of the Contract, the Contractor shall and does hereby agree to comply with all
requirements of the labor laws of the State of New York.
The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and
Civil Rights Law, shall furnish all information and reports deemed necessary by the State
Commission for Human Rights, the Attorney General and the Industrial Commissioner for
purposes of investigation to ascertain compliance with such sections of the Executive Law and
Civil Rights Law.
The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the
contracting agency upon the basis of a finding made by the State Commission for Human Rights
that the Contractor has not complied with these laws.
The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and
any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor
Law, as amended, provides that no laborer, workman or mechanic in the employ of the
Contractor, subcontractor or other person doing or contracting to do the whole or a part of the
work contemplated by this Contract, shall be permitted or required to work more than eight (8)
hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire,
flood or danger to life or property; that no such person shall be employed more than eight (8)
hours in any day or more than five (5) days in any week expect in such emergency; that the
wages to be paid for a legal day's work as herein before defined, to laborers, workmen or
mechanics upon the work called for under this Contract or upon any material used upon, or in
connection therewith, shall not be less than the prevailing rate for a day's work in the same trade
or occupation in the locality within the state where such work is to be done and each laborer,
workman or mechanic employed by the Contractor, subcontractor or other person about or upon
the work shall be paid the wages herein provided; that employees engaged in the construction,
maintenance, and repair of highways and in water works construction outside the limits of cities
CC - 5
CONDITIONS OF CONTRACT
and villages are no longer exempt from the provisions of the Labor Law which require the
payment of the prevailing rate of wages and the eight(8)hour day.
Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933,
provides that preference in employment shall be given to citizens of the State of New York who
have been residents of Suffolk County for at least six (6) consecutive months immediately prior
to the commencement of their employment. Each person so employed shall furnish satisfactory
proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons
other than citizens of the State of New York shall be employed only when such citizens are not
available. Section 222 fi.irther provides that upon the demand of the State Industrial
Commissioner,the Contractor shall furnish a list of names and addresses of all his subcontractors
and further provides that a violation of this section shall constitute a misdemeanor and shall be
punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and
imprisonment.
Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that
before payment is made by or on behalf of the State of any city, county, town or village or other
civil division of the state of any sums due on account of a contract for a public improvement, it is
the duty of the Comptroller or the financial officer of the Municipal Corporation to require the
Contractor and each and every subcontractor to file a certified statement in writing, in
satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily
or weekly wages on account of labor performed upon the work of the Contractor, setting forth
therein the names of the persons whose wages are unpaid and the amount due each respectively.
Section 220-B of the Labor Law, as so amended, provides that any interested person who shall
have previously filed a protest in writing objecting to the amounts due or to become due to him
for daily or weekly wages for labor performed on the public improvement for which the Contract
was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State
or financial officer of the Municipal Corporation may deduct from the whole amount of any
payment on account thereof of the sums or sum admitted by any contractor or subcontractor in
such statement or statements so filed to be due and owing by him on account of labor performed
and may withhold the amount so deducted for the benefit of the laborers for daily or weekly
wages, whose wages are unpaid as shown by the verified statements filed by any contractor or
subcontractor and may pay directly to any person the amount or amounts so shown to be due for
such wages.
Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath
or verification.
Section 220-D of the Labor Law provides that the advertised Specifications for every contract for
the construction, reconstruction, maintenance and/or repair of highways to which the State,
county, town and/or village is a party shall contain a provision stating the minimum rate of
hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the
laborers employed in the performance of the Contract either by the Contractor, subcontractor or
other person doing or contracting to do the whole or part of the work contemplated by the
CC - 6
CONDITIONS OF CONTRACT
Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than
such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering
into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a
misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five
Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by
fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and
in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no
such person or corporation shall be entitled to receive any sum nor shall any officer, agent or
employee of the State pay the same or authorize its payment from the funds under his charge or
control to any person or corporation for work done upon any contract, on which the Contractor
has been convicted of second offense in violation of the provisions of this section.
The minimum wage rates established by the Industrial Commissioner, State of New York, for
this Contract are set forth herein above as part of"Instructions to Bidders".
12. QUALIFICATIONS FOR EMPLOYMENT
No person under the age of sixteen(16)years and no person currently serving sentence in a penal
or correctional institution shall be employed to perform any work on the project under this
Contract. No person whose age or physical condition is such as to make his employment
dangerous to his health or safety or to the health or safety of others, shall be employed to perform
any work on this project; provided, however, that such restrictions shall not operate against the
employment of physically handicapped persons, otherwise employable, where each person may
be safely assigned to work which they can ably perform.
13. NON-DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, age or sex in the
employment of persons for work under this Contract, whether performed by the Contractor or
any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf
of the Contractor or subcontractor discriminate in any manner against or intimidate any
employee hired for the performance of work under this Contract on account of race, creed, color,
national origin, age or sex.
There may be deducted from the amount payable to the Contractor by the Owner under this
Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which
such person was discriminated against or intimidated in violation of the provisions of this
paragraph; provided that for a second or any subsequent violation of the terms of this paragraph,
this Contact may be canceled or terminated by the Owner and all monies due or to become due
hereunder may be forfeited.
14. PAYMENT OF EMPLOYEES
The Contractor and each of his subcontractors shall pay each of his employees engaged in work
on the project under this Contract in full (less deductions made mandatory by law) in cash or
company check and not less often than once each week.
CC -7
CONDITIONS OF CONTRACT
15. ESTIMATES & PAYMENTS
(a) Monthly: At the end of each calendar month during the progress of the work, the Engineer
shall make an approximate estimate of the work satisfactorily done, based upon the prices set
forth in the Proposal Form. In consideration of the work done, the Owner will pay or cause to be
paid to the Contractor the amount estimated by the Engineer as due him less five(5)percent.
The making of any such estimate or payment made thereon shall not be taken or construed as an
acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the
amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee
that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract
and Specifications, and against any damages caused the Owner by reason of any failure on the
part of the Contractor to fulfill all conditions and obligations herein contained.
(b) Final Estimate: One month after the completion and acceptance of the work specified and
contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the
Owner will pay the full amount, less prior payments, less any amounts retained to complete the
work according to the provisions of the Specifications, less any money paid by the Owner by
reason of said Contractor having failed to carry out faithfully and completely all the obligations
and requirements herein contained. Upon final settlement, according to the conditions herein
specified and not until such settlement shall have been made, will the Contractor be relieved
from the obligations assumed in the Contract.
(c) Measurement for Payment: The Engineer shall make due measurement of work done during
the progress of the work and his estimate shall be final and conclusive evidence of the amounts
of work performed by the Contractor under, and by virtue of, this agreement and shall be taken
as full measure of compensation to be received by the Contractor. When requested by the
Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but
the expense of such re-measurement or re-estimating shall, unless material error is proved, be
paid for by the Contractor.
(d) No payments will be made for materials delivered to the site which have not been
incorporated into the work.
(e) Contractors and subcontractors are required to submit to the Town, within thirty days after
issuance's of the first payroll, and every thirty days thereafter, a transcript of the original payroll
record, subscribed and affirmed as true under the penalties of perjury.
CC - 8
CONDITIONS OF CONTRACT
16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by the Contractor of the final payment shall be, and shall operate as a release to
the Owner from all claims and all liabilities to the Contractor for all the things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating to or
arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if
this payment be improperly delayed. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this Contract^Y the norf r'^ ane
Bond.
17. CONSTRUCTION REPORTS
The Contractor shall submit to the Engineer prior to commencing any work under this Contract,
a detailed schedule and plan of operations indicating the manner in which the Contractor
proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to
bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to
coordinate the work of the Contractor with work required of, and to be performed by others. The
detailed schedule shall include a list of the subcontractors and material suppliers he proposes to
use on the work.
The Contractor shall furnish the Engineer with periodic estimates for partial payments as
required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer
with a detailed estimate for final payment.
Prior to being eligible to receive the final payment under this Contract, the Contractor shall
furnish the Engineer with substantial proof that all bills for services rendered and materials
supplied have been paid.
The enumeration of the above reports in no way relieves the Contractor of his responsibility
under existing Federal or State Laws of filing such other reports with agencies as may be
required by such existing laws or regulations.
18. INSPECTION AND TESTS
All material and workmanship shall be subject to inspection, examination and test by the
Engineer at any time during the construction and at any and all places where manufacturing of
materials used and/or construction is carried on.
Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and
materials necessary to make any tests required by the Engineer and/or required by the
Specifications.
If at any time before final acceptance of the entire work, the Engineer considers necessary or
advisable an examination of any portion of the work already completed, by removing or tearing
out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor
and materials for such examination. If such work is found to be defective in any material
CC -9
CONDITIONS OF CONTRACT
respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered
over without the approval or consent of the Engineer, whether or not the same shall be defective,
the Contractor shall be liable for the expense for such examination and of satisfactory
reconstruction.
If, however, such approval and consent shall have been given and such work is found to meet the
requirements of this Contract, the Contractor shall be recompensed for the expense of such
examination and reconstruction in the manner herein provided for the payment of cost of extra
work.
The selection of laboratories and/or agencies for the inspection and tests of supplies,materials or
equipment shall be subject to the approval of or designated by the Owner. Satisfactory
documentary evidence that the material has passed the required inspection and tests must be
furnished to the Engineer prior to the incorporation of the material in the work.
Any rejected work will be removed from the site of the project completely at the expense of the
Contractor.
19. PLANS AND SPECIFICATIONS: INTERPRETATIONS
The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed
and identified by the Engineer. Anything shown on the Plans and not mentioned in the
Specifications or mentioned in the Specifications and not shown in the Plans shall have the same
effect as if shown or mentioned in both. In case of any conflict or inconsistency between the
Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures
and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive.
20. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the Contractor encounter subsurface conditions at the site materially differing from those
shown on the Plans or indicated in the Specifications, he shall immediately give notice to the
Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly
investigate the conditions and if he finds that they materially differ from those shown on the
Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or
Specifications as he may find necessary. Any increase or decrease of cost resulting from such
changes will be adjusted in the manner provided herein for adjustment as to extra and/or
additional work and changes.
21. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the Contractor or any subcontractor
subject to any chattel mortgage or under a conditional sale or other agreement by which an
interest is retained by the seller. The Contractor warrants that he has good title to all materials
and supplies used by him in the work.
CC - 10
CONDITIONS OF CONTRACT
22. SUPERINTENDENCE BY CONTRACTOR
At the site of the work, the Contractor shall give his constant, personal attention to the work or
employ a construction superintendent or foreman who shall have full authority to act for the
Contractor. It is understood that such representative shall be acceptable to the Engineer and shall
be one who can be continued in that capacity for the particular job involved unless he ceases to
be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read
and speak the English language.
23. PROTECTION OF WORK,PERSONS AND PROPERTY
Precaution shall be exercised at all times for the proper protection of all persons, property and
work. The Contractor shall give notice to the owners of utilities which may serve the area and
request their assistance in predetermining the location and depth of various pipes, conduits,
manholes, and other underground facilities. The safety provisions of applicable laws, building
and construction codes shall be observed. Machinery, equipment and all hazards shall be
guarded or eliminated in accordance with the safety provisions of the Manual of Accident
Prevention in Construction published by the Associated General Contractors of America, to the
extent that such provisions are not in contravention of applicable law. The Contractor shall
furnish entirely at his own expense any and all additional safety measures deemed necessary by
the Owner or his Engineer to adequately safeguard the traveling public.
The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent
property from any damage and shall replace or make good any such damage, loss or injury,
unless such be caused directly by errors contained in the Contract Documents, or by the Owner
or its duly authorized representatives.
The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other
signals at his own expense, as will effectively prevent any accident in consequence of his work
for which the Owner might be liable. The Contractor shall be liable for all injuries or damage
caused by his act or neglect, or that of his employees.
The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes,
letterboxes,traffic signals or other visible devices maintained for the use of the public.
24. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That he is financially solvent and that he is experienced in, and competent to, perform the
type of work involved under this Contract and able to furnish the plant, materials, supplies and/or
equipment to be furnished for the work; and
(b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations
which may in any way affect the work of those employed hereunder, including but not limited to
any special acts relating to the work; and
CC - 11
CONDITIONS OF CONTRACT
(c) That such work required by these Contract Documents as is to be done by him can be
satisfactorily constructed and used for the purpose for which is intended and that such
construction will not injure any person or damage any property; and
(d) That he has carefully examined the Plans, Specifications and the site of the work, and that
from his own investigations he has satisfied himself as to the nature and location of the work,the
character, location, quality and quantity of surface and subsurface materials, structures and
utilities likely to be encountered, the character of equipment and other facilities needed for the
performance of the work, the general local conditions which may in any way affect the work or
its performance.
25. PATENT RIGHTS
As part of his obligation hereunder and without any additional compensation,the Contractor will
pay for any patent fees or royalties required in respect to the work or any part thereof and will
fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent
rights unless prior to his use in the work a particular process or a product of a particular
manufacturer he notifies the Engineer in writing that such process or product is an infringement
of a patent.
26. AUTHORITY OF THE ENGINEER
In the performance of the work, the Contractor shall abide by all orders and directions and
requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such
time and places, by such methods, and in such manner and sequence as he may require. The
Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work,
shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall
decide all other questions in connection with the work. Upon request,the Engineer shall confirm
in writing any oral orders, directions,requirements or determinations. The enumeration herein or
elsewhere in the Contract Documents of particular instance in which the opinion, judgment,
discretion or determination of the Engineer shall control or in which work shall be performed to
his satisfaction or subject to his approval or inspection, shall not imply that only matters similar
to those enumerated shall be so governed and performed,but without exception all the work shall
be governed and so performed.
27. CHANGES AND ALTERATIONS
The Owner, upon the Engineers recommendation, reserves the right to make alterations in
location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or
after the commencement of construction. If such alterations diminish the amount of work to be
done, no claim for damages or anticipated profits will be warranted on the work, which may be
dispensed with. If such alterations increase the amount of work, such increases shall be paid for
according to the quantity of work actually done and at the prices for such work as contained in
the schedule of prices.
CC - 12
CONDITIONS OF CONTRACT
28. CORRECTION OF WORK
All work and all materials whether incorporated into the work or not, all processes of
manufacture and all methods of construction shall be at all times and places subject to the
inspection of the Engineer who shall be the final judge of quality, materials, processes of
manufacture and methods of construction suitable for the purpose for which they are used.
Should they fail to meet his approval, they shall be forthwith reconstructed, made good and
replaced and/or corrected as the case may be,by the Contractor,at his own expense.
If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged
materials or to reconstruct or correct any portion of the work injured or not performed in
accordance with the Contract Documents, the compensation to be paid to the Contractor
hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable.
The Contractor expressly warrants that his work shall be free from any defects in materials or
workmanship and agrees to correct any defects, which may appear within one year following the
final completion of the work. Neither the acceptance of the completed work nor payment
therefor shall operate to release the Contractor or his sureties from any obligations under or upon
this Contract or the Pei:fennaneo Tera.
29. WEATHER CONDITIONS
In the event of temporary suspension of work or during inclement weather or whenever the
Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully
his and their work and materials against damage or injury from the weather. If in the opinion of
the Engineer any work or material shall have been damaged or injured by reason of failure on the
part of the Contractor or any of his subcontractors to protect his or their work, such work and
materials shall be removed and replaced at the expense of the Contractor.
30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS
The Owner may withhold from the Contractor so much of any approved payments due him as
may, in the judgment of the Owner,be necessary:
(a) To assure the payment of just claims then due and unpaid of any persons supplying labor or
materials for the work;
(b)To protect the Owner from loss due to defective work not remedied; or
(c) To protect the Owner from loss due to injury to persons or damage to the work or property of
other contractors or subcontractors or others, caused by the act or neglect of the Contractor or
any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply
such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims
or to secure such protection. Such applications of such money shall be deemed payments for the
account of the Contractor.
CC - 13
CONDITIONS OF CONTRACT
31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If,
(a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors;
or
(b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall
not be dismissed within 20 days after such appointment, or the proceedings in connection
therewith shall not be stayed on appeal within the said 20 days; or
(c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply
enough properly skilled workmen or proper materials; or
(d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such
diligence as will insure its completion within the periods herein specified(or any duly authorized
extension thereof)or shall fail to complete the work within said periods; or
(e) The Contractor shall fail to make prompt payments to persons supplying labor or materials
for the work; or
(f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the
Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then
and in any such event, the Owner, without prejudice to any other rights or remedy it may have,
may by seven(7) days'notice to the Contractor,terminate the employment of the Contractor and
his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion
thereof as to which delay shall have occurred, and may take possession of the work and complete
the work by contract or otherwise, as the Owner may deem expedient. In such case, the
Contractor will not be entitled to receive any further payment until the work is finished. If the
unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense
of so completing the work(including compensation for additional managerial,administrative and
inspection services and any damages for delay), such excess shall be paid to the Contractor. If
such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to
the Owner for such excess. If the right of the Contractor to proceed with the work is so
terminated,the Owner may take possession of and utilize in completing the work, such materials,
appliances, supplies, plant and equipment as may be on the site of the work and necessary
thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor
shall continue to work.
32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work shall be stopped by order of the Court or other public authority for a period of three
(3) months without act or fault of the Contractor or any of his agents, servants, employees or
subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his
performance of the work and/or terminate the Contract; in which event, the liability of the Owner
to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be
CC - 14
CONDITIONS OF CONTRACT
obligated to pay to the Owner any excess of the expense of completing the work over the unpaid
balance of the compensation to be paid to the Contractor hereunder.
33. RESPONSIBILITY FOR WORK
The Contractor agrees to be responsible for the entire work embraced in this Contract until its
completion and final acceptance, and that any unfaithful or imperfect work that may become
damaged from any cause either by act of commission or omission to properly guard and protect
the work that may be discovered at any time before the completion and acceptance shall be
removed and replaced by good and satisfactory work without any charge to the Owner, and that
such removal and replacement will be performed immediately on the requirement of the
Engineer,notwithstanding the fact that it may have been overlooked by the proper inspector, and
partial payment made thereon. It is fully understood by the Contractor that the inspection of the
work shall not relieve him of any obligation to do sound and reliable work as herein prescribed,
and that any omission to disapprove any work by the Engineer at or before the time of partial
payment or other estimate shall not be construed to be acceptance of any defective work.
34. USE OF PREMISES AND REMOVAL OF DEBRIS
The Contractor expressly undertakes at his own expense:
(a) To store his apparatus,materials, supplies and equipment in such orderly fashion at the site of
the work as will not unduly interfere with the progress of his work or the work of any of his
subcontractors;
(b) To frequently clean up all refuse,rubbish, scrap materials and debris caused by the operations
to the end that at all times, the site of the work shall present a neat, orderly and workmanlike
appearance;
(c) Before final payment hereunder to remove all surplus material,temporary structures,plants of
any description and debris of every nature resulting from his operations.
35. SUITS OF LAW
The Contractor shall indemnify and save harmless the Owner from and against all suits, claims,
demands or actions for any injury sustained or alleged to be sustained by any party or parties in
connection with the construction of the work or any part thereof, or any commission or omission
of the contractor, his employees or agents of any subcontractor, and in case of any such action
shall be brought against the Owner, the Contractor shall immediately take charge of and defend
the same at his own cost and expense.
36. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY
In case of an emergency, which threatens loss or injury to property and/or safety of life, the
Contractor will be permitted to act as he sees fit without previous instructions from the Engineer.
He shall notify the Engineer thereof immediately and any compensation claimed by the
Contractor due to extra work made necessary because of his acts in such emergency shall be
CC - 15
CONDITIONS OF CONTRACT
submitted to the Engineer for approval.
Where the Contractor has not taken action but has notified the Engineer of an emergency
indicating injury to persons or damage to adjoining property or to the work being accomplished
under this Contract, then upon authorization from the Engineer to prevent such threatened injury
or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by
the Contractor on account of any such action shall be determined in the manner provided herein
for the payment of extra work.
37. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to be inserted herein and the Contract shall read and be enforced as though it were
included herein, and if through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the Contract shall be forthwith be
physically amended to make such insertion.
38. SUBLETTING,SUCCESSOR AND ASSIGNS
The Contractor shall not sublet any part of the work under this Contract nor assign any money
due him hereunder without first obtaining the written consent of the Owner. This Contract shall
insure the benefit of and shall be binding upon the parties hereunder and upon their respective
successors and assigns,but neither party shall assign or transfer his interest herein in whole or in
part without consent of the other.
39. GENERAL MUNICIPAL LAW CLAUSE
Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the
Bidder or any member, partner, director or officer of the Bidder, should refuse, when called
before a grand jury to testify concerning any transaction or contract had with the State, any
political subdivision thereof, a public authority or any public Department, agency or official of
the State or of any political subdivision thereof or of a public authority, to sign a waiver of
immunity against subsequent criminal prosecution or to answer any relevant question concerning
such transaction or contract, such person, and any firm,partnership, or corporation of which he is
a member,partner, director or officer shall be disqualified from thereafter selling to or submitting
bids to or receiving awards from or entering into any contracts with any municipal corporation or
any public Department, agency or official thereof for goods,work or services for a period of five
(5) years after such refusal, and any and all contracts made with any municipal corporation or
any public Department, agency or official thereof on or after the first day of July, 1959, by such
person, and by any firm, partnership or corporation of which he is a member, partner, director or
officer may be cancelled or terminated by the municipal corporation without incurring any
penalty or damages on account of such cancellation or termination, but any monies owing by the
municipal corporation for goods delivered or work done prior to the cancellation or termination
shall be paid.
CC - 16
CONDITIONS OF CONTRACT
40. GRADES,LINES,LEVELS AND SURVEYS
The Engineer shall furnish the Contractor with the basic horizontal and vertical controls from
which the Contractor shall transfer and stake his lines and grades and for their accuracy.
The Engineer will establish the basic horizontal and vertical controls at the start of the work, and
it shall be the responsibility of the Contractor to safeguard such controls; and if, in the opinion of
the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor
shall pay the cost of having the damaged controls verified, checked, corrected or replaced.
41. INSURANCE REQUIREMENTS
The Contractor shall not commence work until the Town has approved all the insurance required
under this Contract as required immediately following the Instructions to Bidders. Additionally,
the Contractor shall indemnify and save harmless the Town of Southold from and against all
losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind
or nature,brought or recovered against the Town of Southold by reason of any act or omission of
the Contractor,his agent or employees in the performance of the Contract.
The Contractor shall not permit any subcontractor to commence any work under this contract
until satisfactory proof of carriage of the required insurance has been posted with and approved
by the Town.
42. FOREIGN CONTRACTORS
Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as
amended, prior to submission of a bid for the performance of this work. The certificate of the
New York State Tax Commission to the effect that all taxes have been paid by the foreign
contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as
used in this subdivision means in the case of an individual, a person who is a legal resident of
another state or foreign country; and in the case of a foreign corporation, one organized under the
laws of a state other than the State of New York.
43. LIEN LAW
Attention of all persons submitting bids is specifically called to the provisions of Section 25,
Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being
received by a contractor for a public improvement declared to constitute trust funds in the hands
of such Contractor to be applied first to the payment of certain claims.
44. REFUSAL TO WAIVE IMMUNITY
Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the
bidder or any member, partner, director or officer of the bidder, should refuse when called before
a grand jury to testify concerning any transaction or contract had with the State, any political
subdivision thereof, a public authority or with any public department, agency or official of the
CC - 17
CONDITIONS OF CONTRACT
State or of any political subdivision thereof or of an authority, to sign a waiver of immunity
against subsequent criminal prosecution or to answer any relevant question concerning such
transaction or contract, such person, and any firm, partnership or corporation of which he is a
member, partner, firm director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any municipal
corporation or any public department, agency, or official thereof, for goods,work or services, for
a period of five (5) years after such refusal, and any and all contracts made with any municipal
corporation or any public department, agency, or official thereof on or after the first day of July,
1959, by such person and any firm, partnership or corporation of which lie is a member, partner,
director or officer may be cancelled or terminated by the municipal corporation without incurring
any penalty or damages on account of such cancellation or termination,but any monies owing by
the municipal corporation for goods delivered or work done prior to the cancellation or
termination shall be paid.
45. EXEMPTION FROM SALES AND USE TAXES
In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature,
amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political
subdivisions, as described in subdivision(a)paragraph(L) of section 1116 of the tax laws, of the
State of New York are exempt from the payment of sales and use taxes imposed on tangible
personal property within the limitations specified in tax law 1115 (a) (15)and(16).
(15) Tangible personal property sold to a contractor, subcontractor or repairman for use in
erecting a structure or building of an organization described in subdivision(a)of section 1116, or
adding to, altering or improving real property, property or land of such an organization, as the
terms real property, property and land are defined in the real property tax law; provided,
however, no exemption shall exist under this paragraph unless such tangible personal property is
to become an integral component part of such structure,building or real property.
(16) Tangible personal property sold to a contractor or repairman for use in maintaining,
servicing or repairing real property, or land of an organization described in subdivision (a) of
section 1116, as the terms real property,property or land are defined in the real property tax law;
provided, however, no exemption shall exist under this paragraph unless such tangible personal
property is to become an integral component part of such structure, building or real property.
Contractors entering into Contract with the Town of Southold shall be exempt from payment of
sales and use tax as described above. Procedures and forms are available to the Contractor direct
from the Instructions and Interpretations Unit, State of New York, Department of Taxation and
Finance, State Campus,Albany,New York, 12227.
CC - 18
Town of Southold
"Sill's Farm Property Main House Demolition"
PROPOSAL PACKAGE
BID OPENS: November 29, 2018
REMINDER NOTE!!!:
VENDORS MUST RETURN THIS DOCUMENT
INTACT AND FILLED OUT COMPLETELY! ! (Do Not
Sign the Contract Agreement. It is included only for
informational purposes, and will be signed by the
successful bidder after award of contract.)
All line items on the Proposal Form must be filled in! All
lines must have an indication of the bidder's response
whether it is a dollar figure or No Bid.
Please DO NOT remove any pages from this bid package! ! !
Thank you!
Proposal Package 1 of 9
BIDDER'S CHECK LIST
Your response to our above referenced bid will be considered unresponsive and will be rejected if
the following forms are not included at the time of the bid opening.
E Notarized Affidavit of Non-Collusion as required by NYS Law.
dA Bid Deposit in the amount of Five Percent of Bid Price as required in the
Invitation to Bid.
❑� As per specifications, the Town of Southold requires a current insurance
certificate, with the Town of Southold listed as additional insured, to be on
file in the Purchasing Department. You will be given ten(10) business days
from notice of award to supply this form or the bid will be rescinded.
Vendor Information Sheet and Address Record Form.
❑ itl Assumed Name Certification.
aBidder's Qualification Statement.
NOTE: Please do NOT sign the Contract Agreement. It is included only for
informational purposes, and will be signed by the successful bidder after award of
the contract.
Proposal Package 2 of 9
VENDOR NAME: _,7G 111
VENDOR INFORMATION SHEET
TYPE OF ENTITY:CORP. V/ PARTNERSHIP INDIVIDUAL
FEDERAL EMPLOYEE ID #: 1I-8106 /
OR SOCIAL SECURITY #:
DATE OF ORGANIZATION: Alhr719!j
IF APPLICABLE: DATE FILED: //
STATE FILED: r0
If a non-publicly owned Corporation-
CORPORATION NAME: V�r/�41 V'kl G.(�L1 S y qt .
LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares)
LamLIST OFFICERS AND DIRECTORS:
NAME TITLE
r7
1°r2Sl Lteof
✓7 S er—
n�1/fes.
If a partnership:
PARTNERSHIP NAME:
LIST PARTNERS NAMES:
Proposal Package 3 of 9
ADDRESS RECORD FORM
MAIL BID TO:
-�
VENDOR NAME:&"�?
Lt l A1C ,
ADDRESS:
Aj
CONTACT: Monk�
TELEPHONE:
�p�/�� — D� FAX:
E-MAIL: v/?/ G'
kkwlawd-5
ONLY if different -
MAIL PURCHASE ORDER TO: A)/II
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
ONLY if different - A ��
MAIL PAYMENT TO: /v
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
Proposal Package 4 of 9
VENDOR NAME: r /api KK!
ASSUMED NAME CERTIFICATION
*If the business is conducted under an assumed name, a copy of the certificate required to be filed
under the New York general business law must be attached.
ASSUMED J,
NAME:
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, by an officer of the corporation, or other person authorized by resolution of the board
of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of
the partners or other person authorized by a writing signed by at least one general partner and
submitted with the bid or previously filed with the Purchasing Agent.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipality bid on contracts only that such interest be revealed when they do bid.)
INSURANCE STATEMENT
Bidder agrees as follows - please mark appropriate box:
Insurance Certificate as requested is attached
I certify that I can supply insurance as specified if awarded the bid ❑
Insurance Certificate filed on
DATE
FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER.
AUTHORIZ IGNATURE
Proposal Package 5 of 9
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor, bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by an firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of
materials or services to any firm or person, and has not been promised or paid cash or anything
of value by any firm or person, whether in connection with this or any project, in consideration
for my firm's submitting a complementary bid, or agreeing to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with
responsibilities relating to the preparation, approval or submission of my firm's bid on this
project and have been advised by each of them that he or she has not participated in any
communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in this affidavit.
The erson signin tis bid, under the penalties of perjury, affirms the truth thereof.
`
1� SWORN TO BEFORE ME THIS
Signature&Compan Pq Itj n '
��R V ,vl� e, ��}h�"ftn)OrDAY OF 20A j
Type Name&Compano6sition
r I' f! r- I IAM
C.
Company Name �J OTAR
4 ��1d BRANDON DELEVA
Date Signed
ual
lfi
_ Notary Public,StMO of No.01DE6379475�York
Cou
Federal I.D.Number Qisslo d X �August 20,20k County 22
Commlasion Exit
Proposal Package 6 of 9
THE PROPOSAL FORM
Sill's Farm Property Main House Demolition
--
VENDOR NAME: r,,
VENDOR ADDRESS: P-0&e
TELEPHONE NUMBER: FAX: CJI-- 71WS9%1-)
The undersigned bidder has carefully examined the Contract Documents and will provide all
necessary labor, materials, equipment and incidentals as necessary and called for in the said
Contract Documents in the manner prescribed therein and in said Contract, and in accordance with
the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form.
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, the bid must be signed by an officer of the corporation, or other person authorized by
resolution of the board of directors, and in such case a copy of the resolution must be attached; if a
partnership, by one of the partners or other person authorized by a writing signed by at least one
general partner and submitted with the bid documents.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipalities bid on contracts, but only that such interest be revealed when they do bid.)
A)119
The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please
write N/A below):
Addendum No. Dated
Proposal Package 7 of 9
F,eowr' l�rlaM V,��G[q L,cfOlS62 .r� e, Sill's Farm Property Main House Demolition
Itemized Proposal for: Town of Southold
ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID
QUANTITY (Fill in Unit Price Written in Words)
DOLLARS CENTS DOLLARS CENTS
Remove and Dispose of Three(3)275 Gallon Oil Tanks
1 1 for l i 1 6-0
r 6'lul�� "'Z/00
/d 0 /LS �Qo. O� 0O.
Dollars f/ Cents
Demolish Main House and Dispose of Debris /)/,, �//1 / (/�'/�!
2 1 for�iAFij I hDet��iGG —hL o l/�.(�f/1i1G1 d � OV10D/LS ` Yom/��vi I �� " O
Dollars Cents
/ �Restore Property
Q� h
with Fill and j6"of Topsoil71��' r� — , 01)
3 1 fo� y� IVpouSI�xd
✓e "Yern,�., (�LS
Dollars Cents
TOTAL BASE BID Items(Add All Items)
02 °-0
Dollars Cents (Numerically)
WRITTEN IN WORDS
NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or
after award of the bid.
Proposal Package 8 of 9
r
AUTHORIZED SIGNATURE �Cp
PRINT NAME i�2 6L�
TITLE VJ'62 ,
DATE �C g, ,0I
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF - ss.:
't ,
On theZrday of VkNin the year 2018 before me, the undersigned, personally
appeared, , personally known to me or proved to me on the basis
of satisfactory evidence to bet individuals) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
NOTARYPUBMCCJ
BRANDON DELE AV
Notary Public,State of New York
No.01 OB379476
Ouallfled in Suffolk County
Commission ExPlrss August 20,2022
Proposal Package 9 of 9
5. Has your firm requested arbitration or filed any lawsuits with regard to construction
contracts within the last five years?If yes,please provide details.
NO 1
6. List the major construction projects your organization has underway at this date:
Name of: Engineer/
Project Owner Architect Contract Percent Scheduled
Name Telephone# Telephone# Amount Complete Com le ion
&6Ywt4t4- /ys,Ber ,a �e�,z LS 4�,OX '75% / 3/ l8
OWWuc Y 63144.13Yf
631-9 29kD00P
7. List five major projects you organization has completed in the past five years:
Name o£ Engineer/ Work Done
Project Owner Architect Contract Date of With Own Forces
Name Telephone# Telephone# Amount Completion %of Work
'0/// '?z �/a/* /001
�75��
gwt.011'f 7 t
q �qo (,91R,3116 /u'U v3�Iciver/�'" �- � /
V�
�Y
o'lle-Pd all 0//&gam,
q,R '3�, r10-0, 61�s/- /g /t�d
// QS-2
L-1 W ��� tea.
>n
'ile�UY i
Town of Southold
BIDDER'S QUALIFICATION STATEMENT
The signatory of this questionnaire certifies under oath the truth and correctness of all statements
and of all answers to interrogatories herein/after made.
SUBMITTED BY: A Corporation
/ A Partnership or Entity
FIRM NAME: 1, LGA w6clq I. An Individual
IJ
PRINCIPAL OFFICE:
l
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
-0? Po '3 i e�,�Ay �s-) e ✓e%p
, P, ,-sem
1. How many years has your organization been in business under its present business name?
2. You normally perform what percent of the work with your own forces? /00%
List trades that you organization normally performs below:
7a� -) ���tf
00w d7�9-P�
3. Have you ever failed to complete any work awarded to you? /V V. If so,note where and
why.
4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding
against your firm or its officers?If yes, please provide details.
QS-1
8. List the construction experience of the principal individuals of your organization
(particularly the anticipated project supervisors):
Present Type of Work
Position Years of For Which In What
Individual's Name Of Office Experience Responsible Ca aci /
,&7�M VO4 Pres 41/Plia ses of l Pds G7�
9. Do you have,or can you obtain, sufficient labor and equipment to commence work when
required and complete the work within the Contract Time? Yes /�H neeess y
J
10.. jBank References:
Pass/
,-�)eonk,&I Y115
11. Trade Association Membership:
12. Has your firm ever been investigated by the New York State Department of Labor for
prevailing wage rate violations?If yes,when?What was the outcome of the
investigation?
QS-3
13. Attach current state of financial conditions showing assets, liabilities and net worth.
Failure to attach the required documentation may be considered non-responsive on the
part of the Bidder and may result in rejection of the Bidder's Proposal.
STATE OF NZV,� QUO )
COUNTY OF '�>0( 0W— )
\Q CAl�\la being duly sworn deposes and says that he is
the NCP c�z ,ck6r : ok k)/..Q/a.rtA�S�Derle—contractor and that
answers to the foregoing questions and all statements ere`tl� in contained are true and correct.
�lLLC�i l�,CP `PS
(Signature of perso o signed bid)
Sworn to before me this day ofb j V., 2018
Notary Public
Commission Expiration Dat 2(--) / 2 Z Z
BRANDON DELEVA
Notary Public,State of New York
No.01 DES379475
Oualified in Suffolk County
Commission Expires August 20,2022
QS-4
CONTRACT AGREEMENT
THIS AGREEMENT made this day of 0142ALTwo Thousand and
Eigteen by and betty en the Towf Southold, arty of the first part (hereinafter called
the Owner), and r' � V ✓ , party of the
second part (hereinafter called Contract r).
WITNESSETH: That for and in consideration of the premises and the agreements herein
contained, and the payments herein provided to be made, the parties hereto agree as
follows:
FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment,
tools, and implements and will well and faithfully perform and complete the entire work
associated with the Sill's Farm Property Main House Demolition
AS DESCRIBED IN THE Contract Documents made andrepared by the Town of
Southold, and as set forth in the Contractor's Bid dated // ;`, , and in strict
and entire conformity and in accordance with the Notice to Bidders, Instructions to
Bidders, Proposal Form (Bid), per-fon:nance-Bona, Conditions of Contract, General
Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement,
hereto annexed and made a part hereof, and hereinafter collectively referred to as
"Contract Documents".
SECOND: In Consideration of the Contractor performing this Contract in the manner
herein stated and as stated in the Contract Documents, the Owner promises and agrees to
pay or cause to be paid to the Contractor the sums of money mentioned in said Contract
Documents in the manner and under the conditions therein provided.
THIRD: The Contractor covenants and agrees that, anything in this Contract or in the
Contract Documents to be contrary notwithstanding, or regardless of any matter, thing,
contingency of condition unforeseen or otherwise, present or future, the Contractor shall
not be entitled to receive any additional or further sums of money than the amounts in
said Contract Documents provided; and the failure of the Owner or its agents to insist
upon strict performance of any of the terms, covenants, agreements, provisions or
conditions in this Agreement or in the Contract Documents, on any one or more
instances, shall not be construed as a waiver or relinquishment for the future of any such
terms, covenants, agreements, provisions and conditions and the same shall be and
remain in full force and effect with power and authority on the part of the Owner to
enforce the same or cause the same to be enforced at any time, without prejudice to any
other rights which the Owner may have against the Contactor under this Agreement or
the Contract Documents.
A-1
Terms used in the Agreement which are defined in Article 1 of the General Conditions
shall have the meanings indicated in the General Conditions.
Neither Owner nor Contractor shall, without the prior written consent of the other, assign
or sublet in whole or part his interest under any of the Contact Documents; and,
specifically, Contractor shall not assign any monies due or to become due without the
prior written consent of the Owner.
Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives of the other party hereto in respect to all covenants, agreements and
obligations contained in the Contract Documents.
The Contract Documents constitute the entire agreement between Owner and Contractor
and may only be altered, amended or repealed by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
Total Bid
-21—a"k �&K :A d S
Dollars
Written in Wor
$ A� Mo, d0
Written in Figur6s
TOWN OF SOUTHOLD CONTRACTOR
r
BY BY 22S ,
Scott A. Russell, Supervisor
TITLE V, /rPas � e
A/Oil k - k/ V P,I
BYHit'
Town A orney
(CORPORATE SEAL)
A-2
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ���"�u - ) ss.:
On the—AL—day of in the year 2018 before me, the undersigned,
personally appeared, t L)C personally known to me or
proved to me on the basis of satisfactory evvidgice to be the individual(s) whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
L-Irv�-AK-'
NOTARY PU L C
MARY L.
Notary Public, S ateLECK of New York
No. 01S14984608
CCommissio n Expi esoJuly 29,t'02�
1
STATE OF NEW YORK, COUNTY OF '—)A )ss.:
On the kZ day of D-ee-e#v in the ye r 2018 before me,the undersigned,
personally appeared, o , personally known to me or
r
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
OY t
NOTARY P BLIC
MARY L. SILLECK
Notary Public, State of New York
No 0-S14984608
A-3 0ualified in Suffolk County
Commission Expires July 29, ZOO/
THE PREVAILING WAGE CASE NUMBER ISSUED BY THE
NEW YORK STATE DEPARTMENT OF LABOR FOR THIS
PROJECT CAN BE FOUND ON THE NEXT PAGE. A
CURRENT PREVAILING WAGE SCHEDULE FOR THIS
PROJECT CAN BE OBTAINED DIRECTLY FROM THE
DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us
NEP
E �Q
Andrew M.Cuomo,Governor y,� "° �� Roberta Reardon,Commissioner
Town of Southold Schedule Year 2018 through 2019
Michael Collins,Town Engineer Date Requested 10/30/2018
53095 Main Road PRC# 2018013025
Southold NY 11971
Location Sill's Farm Property
Project ID#
Project Type Demolish existing farm house and restore the demolition site with compacted fill
PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT
Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly
supplements for the project referenced above. A unique Prevailing Wage Case Number
(PRC#) has been assigned to the schedule(s) for your project.
The schedule is effective from July 2018 through June 2019. All updates, corrections, posted
on the 1st business day of each month, and future copies of the annual determination are
available on the Department's website www.labor.state.ny.us. Updated PDF copies of
your schedule can be accessed by entering your assigned PRC# at the proper location on
the website. ,
It is the responsibility of the contracting agency or its agent to annex and make part, the
attached schedule, to the specifications for this project, when it is advertised for bids and /or
to forward said schedules to the successful bidder(s), immediately upon receipt, in order to
insure the proper payment of wages.
Please refer to the "General Provisions of Laws Covering Workers on Public Work
Contracts" provided with this schedule, for the specific details relating to other
responsibilities of the Department of Jurisdiction.
Upon completion or cancellation of this project, enter the required information and mail OR
fax this form to the office shown at the bottom of this notice, OR fill out the electronic
version via the NYSDOL website.
NOTICE OF COMPLETION / CANCELLATION OF PROJECT
Date Completed: Date Cancelled:
Name&Title of Representative:
Phone- (518)457-5589 Fax: (518)485-1870
W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240
www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us
TOWN OF SOUTHOLD DEMOLITION PERMIT
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, NY
f
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 43196 Date: 11/5/2018
Permission is hereby granted to:
Town of Southold
PO BOX 1179
Southold, NY 11971
To: demolish existing dwelling as applied for.
At premises located at:
70282 Route 25, Greenport
SCTM # 473889
Sec/Block/Lot# 45.-5-3.2
Pursuant to application dated 10/30/2018 and approved by the Building Inspector.
To expire on 5/6/2020.
Fees:
Total: $0.00
Buii in ector
-Dwr Ito
113 li I IM 114 ,
ISSUED TO �
0[,*
�/UT�OI•�_ DATA
ADDRESS
This notice must be displayed during construction
and returned to Building Dept. to get a certificate of
occupancy upon completion of work.
BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD
SOUTHOLD, N.Y.
Ex� .
APR VE
AS NOTED /
DATE: B.P.# �(
FEE: BY
NOTIFY BUILDING DEPAYWEAT AT
765-1802 8 AM TO 4 PM FOR THE
FOLLOWING INSPECTIONS:
1. FOUNDATION - TWO REQUIRED
FOR POURED CONCRETE
2. ROUGH - FRAMING & PLUMBING
3. INSULATION
4. FINAL - CONSTRUCTION MUST
BE COMPLETE FOR CO.
ALL CONSTRUCTION SHALL MEET THE
REQUIREMENTS OF THE CODES OF NEW
YORK STATE. NOT RESPONSIBLE FOR
DESIGN OR CONSTRUCTION ERRORS.
-- - - - COMPLY WITH ALL -DES u�
NEW YORK STATE & TOWN COD,-
AS REQUIRED AND CONDITIONS G
, "., ' BOARD
36fiit#6tD OV M,USTEES
RETAIN OCHAPTER
APTER 236
STORM
PURSUANT
OF THE TOWN CODE.
is
SOUTHOLD TOWN
ti ENGINEERING
:v
4 k yl T
Ak
'rt' t � � 4 ^ t "S•" PROPOSED.
SILLS RESIDENCE
x, i I tL DEMOLITION PROJECT
G R E E N P 0 R T
Town of Southold
James A.Richter,RA
1000-45-5-3.2
r '
' A3 NOTED
r' r
AUGUST 1,2017
rl
R\®, [00/10,V 1YAIYl,llti
t
Re T
1. The Contractor shall receive the lump sum price for the demolition and removal of all structures
located on the property in the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES:
generated in the course of demolition activities. All excavated areas shall be filled with clean
granulated fill to natural grade and(6')Inches of topsoil as per the project SpocifIcatons.
The items to be demolished include but are not limited to the following:
Removal and disposal of a two-story wood frame single family structure with partial basement.
Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting
Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and Incidentals necessary to satisfactorily
All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer DRAWCGG R.
Removal and disposal of all miscellaneous and assorted debris In and around the residence. shall be included in the price bid for this Item.
Any and all other minor items that may become apparent during demolition but are not specifically
referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination A
No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other Involved agencies.
seeks and receives approval from the Engineer prior to performing the work.
DWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
UILDING DEPARTMENT Do you have or need the following,before applying?
OWN HALL Board oHealth
)UTHOLD, NY 11971 _ - of
4 sets �uildirl�flans
EL: (631) 765-1802 Planning Board approval
4X: (631) 765-9502 I q f -Survey
)utholdtownny.gov PERMIT NO. �l 6`� Check
4 Septic Form
N.Y.S.D.B.C.-
Trustees
C.O.Application
Flood Permit
:amined ,20 Single&Separate
Truss Identification:Form
Storm-Water Assessment Form
II 5 Contact:
:proved I b 20]
Mail'to:
sapproved a/c
Phone 3/ ?(/5 (�
.piration 2Q
D
D Bui g ns ctor
OCT 3 0 2018 APPLICATION FOR BcgLb)1 T6 PER�iq';
BUILDING DEPT.
Date b , 20
TOWN OFSOUTHOLD
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
is of plans, accurate plot plan to scale. Fee according,to schedule. - • .•1, !�- ••
b. Plot plan showing location of lot and 0'fbuildings on premises,relationship to adjoining premises or public streets or
eas, and waterways.
c. The work covered by this application may not be'commenced before issuance of Building Permit.
d. Upon approval of this application,,the Building Inspector will,is�u®-alBuilding Permit to the applicant. Such a permit.
al I be kept on the premises available for tnspeCtidn througliou,the wwork.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
Sues a Certificate of Occupancy.
f. Every.building permit shall expire if the work authorized,has not commenced within 12 months after the data of
nuance or has not been completed,within 18.months.from.sueh d�te:�Ifno'zoning•amendments or other regulations affecting the
•operty have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an
idition six months. Thereafter, a new permit shall be required: ,.
APPLICATION IS HEREBY MADE to th4,Btii1dirlgg1�6pirtment for the issuau'ce•of a Building Permit pursuant to the
uilding Zone Ordinance of the Town of Southold,Suffolk County,New York, aad.othar applicable Laws,Ordinances or
egulations, for the construction of buildings, additions, or alterations or for removal or,demolition as herein described. The
)plicant agrees to comply with all applicable laws, ordinances, building code,housing,code, and regulations, and to admit
ithorized inspectors on premises and in building for necessary inspections.
(Signature of applicant or name, if a corporation)
(Mailing address of applicant)
tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
lame of owner of premises " .
,,• . `"`"' "'"r (As oftihe tax roll or,la st;d�ec�
,. . ,
applicant is a corporation, signature,of`duly authorized officer
(Name and title of corporate off cer)
Wilders License No.
'lumbers License No.
?lectricians License No.
)ther Trade's License No. - lq� 0A
LQ91ation f land on hich proosed work will be done: .
House Number Street Hamlet
County Tax Map No. 1000 Section '"1 Block Lot 3
i - I
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use.and occupancy
b. Intended use and occupancy
3. Nature of work (check which app. 1jeable):New Bj ilding Addition Alteration
Repair Removal: - Demolition Other Work
(Description)
4. Estimated Cost " Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number bf cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height .-,Number of Stories
Dimensions of same structure with alterations or additions; Front Rear;.. .
Depth Height Number i c ^
8. Dimensions of entire new construction: Front Rear Depth
Height :Num -of
9. Size of 1ot: Front Rear Depth ,
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated .
12. Does proposed construction violate any zoning lave, ordinance or regulation? YES NO
13. Will lot;be re-graded? YES -NO'' t`Wr11 exdess-fll'be;rernoved'•froznpremises?'YES NO
14. Names of Owner of premises " Address_ _ Phone No.
Name of Architect Addzess' __ Phone No
Name of Contractor Ad4i.ss Phone-No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater-wetland? *YES NO
* IF YES, SOUTHOLD TOWN TRUSTEES?&.D.EiC:'�PERl ilM MAY BE REQUIRED.. ,
b. Is this property within 300-feet of a tiddl.wetland? * YES ' 140
* IF YES, D.E.C: PERMITS MAY BE REQUIRED!
16. Provide survey, to scale, with accurate foundation'plan and distances to property lines.
17. If elevation at any point.on property is at,10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES NO
* IF YES, PROVIDE A-COPY.
STATE OF NEW YORK) ,
SS:
COUNTY OF
•, bd3 duly sworn deposes, t thea licant
(Name of individual signing contract)abovg named, i Notary Public,State of Now York
'-''No:01BU6185050
(S)He is the Qualified in Suffolk county
(Contractor,Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have.performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed,th'erewith:
Sworn to before me this
;—day of0,
Notar Public Signature of Applicant
DIVISION 1 - GENERAL REQUIREMENTS
TOWN OF SOUTHOLD
SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION
GENERAL
The work under this Division shall be subject to the requirements of the CONDITIONS OF
CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS,
DRAWINGS, SCHEDULES, ADDENDA and other Contract documents.
Refer to the Drawings and Specifications of other trades and Contractors for items which might
affect the work under this Division.
TABLE OF CONTENTS—DIVISION NO. 1—GENERAL REQUIREMENTS
Included in this Division are the following sections:
01010 General
01025 Measurement and Payment
01500 Construction Facilities &Temporary Controls
01501 Health& Safety Provisions
DIVISION 1 -Page 1 of 13
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01010- GENERAL
SITE
The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located
at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk
County,New York and more particularly shown on the Contract Plans.
SCOPE
A. The work to be performed under this Contract shall include all labor, materials,
equipment, services and incidentals required to perform the proposed construction as
indicated in the Specifications, shown on the Contract Plans and/or as approved by the
Engineer.
B. In general, the work shall include but not be limited to the following:
• Removal and Disposal of Heating Oil Tanks
• Demolition
• Site Restoration
C. Without restricting the generality of the foregoing and for the convenience of each
Contractor, the items of work are specified under the Standard 16 Uniform Divisions of
the Construction Specifications Institute as follows:
1 General Requirements
2 Site Work
D. The New York State Department of State must approve all contractors and sub-
contractors (if applicable). The Contractor must comply with all provisions in the
Contract between the New York Department of State and the Town of Southold,
including all appendices. A copy of the contract is attached to this bid package.
E. All contractors and sub-contractors (if applicable)must complete and submit the attached
FORM B—STAFFING PLAN with their bid.
F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet
attached to this bid package.
SHOP DRAWINGS
The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer
may require for the approval of details and to show the construction as it will be installed. No
shop drawing shall be issued or used until it has been approved by the Engineer or his
representative. After approval, no changes or deviations shall be made without written notice
being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from
DIVISION 1 - Page 2 of 13
DIVISION I - GENERAL REQUIREMENTS
responsibility for deviations from the Plans or Specifications unless he has, in writing, called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from
responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The
Contractor shall submit six (6) copies of each requested item to the Engineer for approval.
SUPERINTENDENCE AND WORKMEN
The Contractor shall give his constant personal attention to the work while it is in progress, and
he shall place it in charge of a competent and reliable superintendent, who shall have authority to
act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all
times, employ labor and equipment which shall be sufficient to prosecute the work to full
completion in the manner and time specified. All workmen must have sufficient skill and
experience in such work to properly and satisfactorily perform it and operate the equipment
involved. Any person employed by the Contractor whom the Engineer may deem incompetent
or unfit to perform the work, shall be at once discharged and shall not be again employed.
INSPECTION
All proposed work under this Contract shall be performed during and with Engineer's approval.
The Contractor is advised to inspect carefully the full premises and consult with the Engineer
regarding any items of construction or reconstruction that may be questionable.
MAINTENANCE AND PROTECTION OF TRAFFIC
The Contractor shall so conduct his operations as to interfere to the least extent practicable with
the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every
precaution against accidents happening to said vehicles, pedestrians and other traffic because of
his operations. The Contractor shall enforce regulations and restrictions as may be necessary or
required for the protection of fire, accidents, property damage and public nuisance. He shall
provide and maintain such toilet facilities at or adjacent to the site as may be required. The
Contractor shall erect and maintain such signs, channel and obstruction markers and barricades
as may be required for the protection of traffic. The Contractor shall not deposit or store any
equipment or materials within the Site Area except with written permission from the Engineer.
MAINTENANCE AND PROTECTION OF UTILITIES
A. The Contractor shall familiarize himself with the existence of structures of municipal and
other public service corporations on or adjoining the site of the work and give reasonable
opportunity to and cooperation with the owners of these utilities in the work of
reconstructing or altering them. Such reconstruction and alteration shall be so conducted
as to delay or interfere as little as practicable with the work of the Contractor. Any
additional cost of various items of work because of these utilities shall be included in the
price bid for these items.
B. The Engineer shall direct the public utility corporations to shift or remove those utility
structures that may be necessary to permit the Contractor to carry out the work in
DIVISION 1 - Page 3 of 13
DIVISION 1 - GENERAL REQUIREMENTS
accordance with the Plans. The Contractor shall not remove or cause to be removed, any
structure owned by a public utility corporation without the approval of the Engineer.
C. The Contractor shall cooperate with the public utility corporation whose structures
(aerial, surface or subsurface)are within the limits of or along the outside of the right-of-
way,to make it possible for them to maintain uninterrupted service. The Contractor shall
conduct his operations in such a way as to delay or interfere as little as practicable with
the work of the utility corporation.
A. The Owner's Ea&eer-vvill establish one(1)beneh mark and leeation of the work lines a
rofVr,onVo tV1itJ for-t,VGp1*QCV+en
R The refer is shah b tai d b the f•,,.,,+. +
cn cc-periiir�-�iuri�;.a-��ixcccrnea-vy-crr�cvxicresci6 n All- qcrifett-miCs-,
levels, grades, et ,�be ish .a L, the!� t , * fm t 4 �
ccrvy-cix�comxuccorz�-czcra�cc�vmco-
C. Re establishment of the r-eferenee points by the Engineer-for-the Centr-aeter shall be done
at the CentEaeterls expense.
D. The Cen#aeter- shall ver-ify all
> levels and dimensions as shown eft-4he>
drawingsand he shall repeft any e .
i
Engineer- befi3r-e eeene-ing work. Genuneneement of werk-shall be eeffeeted b
Centmeter-at lis e)qpense-.
LABOR,LAWS AND WORKMANSHIP
A. All Contractors and Subcontractors employed upon the work shall and will be required to
conform to the Labors Laws of the State of New York, the Occupation Safety and Health
Act of the various acts amendatory and supplementary thereto; and to all other laws,
ordinances and legal requirements applicable thereto.
B. All labor shall be performed in the best and most workmanlike manner by mechanics
skilled in their respective trades. The standards of the work required throughout shall be
of such grade as will bring results of the first class only.
QUALIFICATIONS
All bidders must have been established in the type of construction they are submitting a bid for
as specified in the Contract Documents for a period of at least five(5)years. On request,bidders
must furnish a list of a minimum of five (5) projects of similar type construction that was built
by them in the Nassau- Suffolk area. List must contain name, address and telephone number of
client's engineer for which each project was undertaken by Contract. A minimum of five (5) of
the projects must have been built for municipal clients.
DIVISION 1 - Page 4 of 13
DIVISION I - GENERAL REQUIREMENTS
APPROVAL OF SUBCONTRACTORS
A. No Subcontractors shall be employed on the work unless prior approval has been given
by the Engineer. The Contract shall, within five (5) days after signing of the Contract,
submit a list of proposed Subcontractors to the Engineer for approval. The list shall
contain firm names, names of all principals and addresses and projects completed by
each Subcontractor and names, addresses and telephone numbers of the particular
project's Engineer for which the Subcontractor on the aforementioned project list must
have been of similar nature. A minimum of five (5) projects for each proposed
Subcontractor must be submitted.
B. If for any reason a Subcontractor must be discharged from work, the Contractor shall
notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall
provide the Engineer with the name and qualifications of the replacement Subcontractor
for approval by the Engineer. This action is deemed necessary to maintain continuity of
the work and to minimize project disruptions. All costs due to slowdown of the project
for such reasons shall be borne by the Contractor.
STANDARD SPECIFICATIONS
Where reference is made in these Specifications to a society, the portion referred to shall be read
into and shall be a part of this Contract and Specifications. Materials, methods and equipment
shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may
relate to or govern the construction work.
CONTRACT PLANS
A. The Contract Plans which accompany and form part of these Specifications, bear the title
SILL'S RESIDENCE DEMOLITION PLAN.
CLEAN-UP
The Contractor shall at all times keep the construction area, including storage areas used by him,
free from accumulation of waste material and rubbish and prior to completion of the work,
remove any rubbish from and about the premises. Upon completion of the construction, the
Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory
to the Engineer.
GUARANTEES
A. Befere issumee of the final eei4ifieate, the Contractor- shall deliver to the Oyffier- t
following guamr,tees . addition t`. these speei fieally required in the General /'on ition-s
and in the various teehninnl seetions
B. The Gentfaetor-hereby guarantees that all mater-ials and wo&,manship installed und
r-espeetive eontract to be new nnd of o qualityrn avorcr .—Feet and to femain so fef-ar
DIVISION I -Page 5 of 13
DIVISION 1 - GENERAL REQUIREMENTS
pe ed of vile (1) year fer- longerod wherel, C t
b Y"rprovided � t .� ,
from the date of iss,,anee of the Final � e ffiB + b +1, Engineer,
++vasa .aa 1 111U1 �lil ilii
G. Should any defeets develop in the afe�said work within the stipulated perieds due to
faults materials and/or-wwind hi +1, r + + >, b + 1 11
y� ) agrees w alacuc� ccri-icPc[i1�
wark ineluding the Fest-of making good-all other-=vv v lrn-damaged by-car-vcn��8
aff-eeted 1... .,,.,k4ng of+1, eeffeetive . e fk shall be ,1,....,. ..,:tl eut any ost
� Lu ll� vl Ll
expenexpense t„the rl t the tiro eest and expense e f the !'o traete 4tl i five-(-5)
se av uaav v•til 1� Llllt{ Lil L11V{rlllii �'� �
days-after-nefiee to the Gentraetor,--The-off%er- may have the work done-and-vhar-g8-the
eest thereof to the Gontfaetor- and/or- his Sufeties whe agree to pay the eyffier the eest-4
mite work i f the Co traeter&:1s to r ,1 ,1
.�wvaa ♦Vali 11 ulv VVlll ,
PAYMENTS
Payment(s) made under this Contract will be made on the basis of actual work completed in
accordance with the Contract Documents. Payments will be computed from the unit and lump
sum bid. Payment will only be made for the items shown in the Proposal Form.
END OF SECTION 01010-GENERAL
DIVISION 1 - Page 6 of 13
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01025—MEASUREMENT AND PAYMENTS
DESCRIPTION
The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services
necessary to perform all Work as required by the plans and specifications or as required by the
Engineer, at the lump sum or unit prices for the items listed herein.
ENGINEER'S ESTIMATE OF QUANTITIES
The ENGINEER'S estimated quantities for unit price pay items are approximate only and are
included solely for the purpose of comparison of Bids. The OWNER does not expressly or by
implication agrees that the nature of the materials encountered below the surface of the ground or
the actual quantities of material encountered or required will correspond with the estimated
quantities.
PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS)
ITEM 1 —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS
1. Method of Measurement: The Contractor shall receive the lump sum payment which
shall include labor, materials, equipment, and incidentals necessary to empty the tanks
of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance
with Suffolk County Department of Health Services (SCDHS) requirements. The
Contractor is responsible for all coordination with SCDHS and shall provide the Town
with copies of all documents filed with and received from the agency as part of the
Contractor's payment request.
2. Method of Payment: Payment for this item shall be lump sum. Compensation under this
work item shall be made separately and based upon the completion of the work. All
costs of labor, materials, equipment, disposal costs and incidentals necessary to
satisfactorily complete the work in accordance with the plan, specifications, and/or as
directed by the Engineer shall be included in the price bid for this Item.
ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS
1. Method of Measurement: The Contractor shall receive the lump sum payment which
shall include labor, materials, equipment, and incidentals necessary to demolish the
residence and properly dispose of the demolition debris in a landfill. The Contractor is
responsible for all coordination with the Southold Town Building Department and shall
provide the Town with copies of all documents filed with and received from the
department as part of the Contractor's payment request.
2. Method of Payment: Payment for this item shall be lump sum. Compensation under this
work item shall be made separately and based upon the completion of the work. All
DIVISION 1 -Page 7 of 13
DIVISION 1 - GENERAL REQUIREMENTS
costs of labor, materials, equipment, disposal costs and incidentals necessary to
satisfactorily complete the work in accordance with the plan, specifications, and/or as
directed by the Engineer shall be included in the price bid for this Item.
ITEM 3—RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL
1. Method of Measurement: The Contractor shall receive the lump sum price for the
placement of compacted fill and 6" of topsoil in the demolition site in
order to bring the site to natural grade.
2. Method of Payment: Payment for this item shall be lump sum. Compensation under this
work item shall be made separately and based upon the completion of the work. All
costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete
the work in accordance with the plan, specifications, and/or as directed by the Engineer
shall be included in the price bid for this Item.
END OF SECTION 01025—MEASUREMENT AND PAYMENTS
DIVISION 1 - Page 8 of 13
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
SCOPE
Work shall include but not be limited to the following:
A. Temporary Utilities — Electricity, lighting, heat, ventilation,, teleY hone sen4ee (i„^lu inn
fna maehine', water and sanitary facilities.
B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and
water control.
C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and
temporary buildings.
TEMPORARY ELECT-MOT-Y
power-fer eenstfuetion to an established point proximate to the eenstruetion area. The tempofar-y
shall be installed within 30 days of the award of the centmet. The Eleetr-ieal Contra
shall be responsible for- providing temper-ai-y eleetrie power-te all trades, for- the duration ef the
pr-qjeet.
TEMPORARY WATER SERVICE
A. The Con4faetof shall provide temperai=y water-sen4ee for-eenstruetion p 6H:fl
faaili+ion fire preteetier. l afor-elear�ir.a_
7
B. Potable water shall be furnished for construction personnel by portable containers.
Q Water- ser-viee shall be pr-oteeted from freezing, and the ser-viee shall be extended a
el., ated as to et tempor_fry water
mentowater- ser-viee during the eoufse of the _
work,
ineluding furnishing all nee Is
and fees required for-temporai-1,wat—
lr Comply .,itl, all pheable—eedeS--and--cafFa rge for- all n peetions and
apprevals.
F. Upon r.letio of all work, thete Gentraetor shall diseen .eet and r-emove all tempar-ary
eenneetions and f;),t„ren
TEMPORARY SANITARY FACILITIES
A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the
DIVISION 1 -Page 9 of 13
DIVISION 1 - GENERAL REQUIREMENTS
use of construction personnel. The Contractor shall observe and enforce all sanitary
regulations and maintain satisfactory sanitary conditions around and on all parts of the
work.
B. Adequate washing facility shall be provided for the construction personnel.
C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory
manner and enforce proper use of the sanitary facilities.
D. The Contractor shall be subject to a fine and prosecution if any human excrement is
deposited in or around the construction site.
E. The Contractor shall pay for all expenses associated with temporary sanitary facilities
during the course of the work, including furnishing all necessary permits and fees
required for temporary sanitary facilities.
F. Comply with all applicable codes and arrange for all necessary inspections and
approvals.
FIRST-AID FACILITIES AND ACCIDENTS
A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to
supply first-aid to any of his personnel who may be injured in connection with the work.
B. Accident
1. The Contractor shall promptly report in writing to the Engineer all accidents and
whatsoever arising out of, or in connection with, the performance of the work,
whether on or adjacent to the site, which cause death, personal injury or property
damage, giving full details and statements of witness.
2. If death or serious injuries or serious damages are caused, the accident shall be
reported immediately by telephone or messenger to both the Owner and the
Engineer.
3. If any claim is made by anyone against the Contractor or a Subcontractor on
account of any accidents, the Contractor shall promptly report the facts in writing
to the Engineer, giving full details of the claim.
WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain
pumping equipment.
B. Protect site from puddling or running water. Provide water barriers as required to protect
DIVISION 1 - Page 10 of 13
DIVISION I - GENERAL REQUIREMENTS
site from soil erosion.
C. Provide temporary control of surface water, stormwater runoff and discharge from
pumping in accordance with Contractor's approved soil erosion and sediment control
plan.
SECURITY
A. Provide security and facilities to protect work, and existing facilities, and Owner's
operations from unauthorized entry,vandalism or theft.
B. Coordinate with Owner.
C. Furnish security during the course of the work.
ACCESS ROAD
A. Maintain roads accessing construction area as shown on the Construction Plans.
B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded
traffic flow.
C. Provide and maintain access to fire hydrants, free of obstructions.
D. Provide means of removing mud from vehicle wheels before entering public and private
streets. Clean all mud and debris from construction traffic at no additional expense to the
Owner. Comply with all State and Local regulations.
E. Designated existing on-site roads may be used for construction traffic, as directed by the
Owner and Engineer. Damage to existing site roads as a result of this Contract will be
the responsibility of the Contractor.
PARKING
A. The Contractor's personnel shall not park on the main road or adjacent private side
streets.
B. When space is not adequate,provide additional off-site parking.
C. Do not allow vehicle parking on existing pavement.
PROGRESS CLEANING
A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and
orderly condition.
DIVISION 1 -Page 11 of 13
DIVISION 1 - GENERAL REQUIREMENTS
B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as
designated by the Owner.
REMOVAL OF UTILITIES, FACILITIES AND CONTROLS
A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior
to Final Applications for Payment Inspections.
B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified conditions.
END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
DIVISION 1 - Page 12 of 13
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01501 —HEALTH AND SAFETY PROVISIONS
REQUIREMENTS
A. The Contractor shall be responsible to maintain a safe workplace and to monitor working
conditions at all times during construction and, as necessary, to provide appropriate
protective clothing, equipment and facilities for his personnel, and/or to establish work
place procedures to ensure their safety, and to enforce the use of these procedures,
equipment and/or facilities in accordance wit the following guidelines:
1. Safety and Health Regulations Promulgated by the U.S. Department of Labor
OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR
1920—Safety and Health Regulations for Construction.
2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines.
B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands
immediate attention because of its high potential for harm to public travel, persons on or
about the work, or public or private property, the owner of the Engineer shall have the
right to order such safeguards to be erected and such precautions to be taken as necessary
and the Contractor shall comply with such orders. If, under such circumstances, the
Contractor does not or cannot or his representative is not upon the site so that he can be
notified immediately of the insufficiency of safety precautions, the Owner may put the
work into such a condition that it shall be, in his opinion, in all respects safety, and the
Contractor shall pay all expenses of such labor and materials as may have been used for
this purpose by him or by the Owner. The fact that the Owner or the Engineer does not
observe a safety hazard or does not order the Contractor to take remedial measures shall
in no way relieve the Contractor of the entire responsibility for any costs or claims for
loss, damage, or injury by or against any part sustained on account of the insufficiency of
the safety precautions taken by him or by the Owner acting under authority of this
Section.
C. It is the responsibility of the Contractor to take appropriate safety precautions to meet
whatever conditions of hazard may be present during the performance of the work,
whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall
be his sole responsibility to anticipate and provide such additional safety precautions,
facilities, personnel and equipment as shall be necessary to protect life and property from
whatsoever conditions of hazard are present or may be present.
END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS
DIVISION 1 - Page 13 of 13
DIVISION 2 -SITE WORK
GENERAL
The work under this Division shall be subject to the requirements of the GENERAL
CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and
other Contract documents.
Refer to the Drawings and Specifications of other trades and Contractors for items, which might
affect the work under this Division.
TABLE OF CONTENTS -DIVISION 02000 - SITE WORK
Included in this Division are the following sections:
02050- Site Demolition
02200- Site Preparation
02222 - Clean Granular Fill
02911 -Topsoil
DIVISION 2 - 1 of 8
DIVISION 2 - SITE WORK
SECTION 02050—SITE DEMOLITION& REMOVAL
DESCRIPTION
Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals
necessary to complete the Demolition work and Debris removal as specified herein, shown on
the Contract Drawings and/or as directed by the Engineer.
SCOPE
In general,the work to be done shall include but not be limited to the following:
A. Demolition, as referred to in this section, includes all labor, material and equipment
necessary to properly remove and dispose of all materials associated with the single-
family residence. Such materials include wood, metal, concrete, oil storage tanks and all
debris/trash located in and around the structure.
B. All waste materials generated from the site demolition shall be disposed of at a permitted
facility. Off-site disposal for all demolished material and debris shall be at a facility
approved by the New York State Department of Environmental Conservation. All
disposal fees, permits, and incidentals associated with transportation and disposal shall
be borne by the Contractor. A manifest shall be generated for all waste materials
removed from the site.
C. Any non-waste materials and/or equipment removed during demolition shall be
considered for re-use, salvage or re-sale by the Contractor.
D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas
adjacent to this area that are affected by site demolition shall be restored by the
Contractor at no additional cost to the Owner.
E. Site demolition shall be conducted in a manner that protects the underlying soils and
surrounding areas. The Contractor shall furnish all materials required to protect the
surrounding environment while removing
BASIS OF PAYMENT
Payment for the above items shall be included in the lump sum price bids for the oil tank
disposal and the single-family residence demolition. Any waste materials disposed of off-site
shall be accounted for in the form of a manifest or tracking document.
END OF SECTION 02050—SITE DEMOLITION
DIVISION 2 - 2 of 8
DIVISION 2 -SITE WORK
SECTION 02200-SITE PREPARATION
WORK INCLUDED
The Contractor shall furnish labor, materials, equipment and appurtenances necessary or
required to perform and complete all work including,but not limited to the following:
A. Environmental protection and silt
QUALITY ASSURANCE
A. The Contractor shall, at their own expense, secure utility markouts and give all legal
notices that may be required in connection with the work, including the notification of
owners of existing subsurface gas and other utility lines.
INSPECTION
A. The Contractor shall visit and thoroughly familiarize them with the site and with the
scope of work to be done.
B. When the Contractor submits their proposal, it shall be interpreted to mean that he has
examined the site, fully understands the existing and proposed conditions and has made
due allowances for them in their proposal.
PREPARATION
A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of
Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of
New York.
B. Notify all utility companies, prior to start of work and ascertain location of all existing
utilities.
C. Exercise extreme caution in the area of existing utilities so as not to cause damage or
breakage.
D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by
visiting the site of the proposed work and examining the actual condition prior to the
beginning of the work.
PERFORMANCE
A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under-
growth not to be removed and shall replace at his own expense any such existing plants,
trees, shrubs or other plant material removed, destroyed, disfigured or damaged because
of his negligence with similar planting approved by the Engineer.
DIVISION 2 - 3 of 8
DIVISION 2 - SITE WORK
B. All wood and brush shall be legally disposed of by the Contractor at their own expense.
ADJUST AND CLEAN
A. The Contractor shall clean up and remove from the site all rubbish and surplus material
as fast as it accumulates and shall not permit it to be scattered about the project site.
PROTECTION OF EXISTING VEGETATION
A. Top soil cover over root systems of existing trees and shrubs shall be minimized and
never exceed 6 inches in depth.
B. Trenching across tree root systems should be a minimum distance to the tree diameter in
inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a
minimum of 10 feet distance between trunk and trench.) Tunnels under the root system
should start 18 inches or deeper below existing grade. Tree roots, which must be
severed, should be cut clean. Backfill material around roots shall be topsoil.
C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding
valuable vegetation from construction equipment. Place barriers far enough from tree so
that all equipment such as backhoes and dump trucks do not contact tree trunk or
branches.
D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is
lowest.
E. Material shall only be stockpiled in locations approved by the engineer. No equipment
shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped
near trees and shrubs to remain. At the end of each workday, all debris shall be removed
and disposed of off-site.
F. Obstructive and broken branches should be pruned properly. The 3 cut method should
be used on all branches larger than two inches at the cut. The branch collar on all
branches whether living or dead should not be damaged. First cut the underside of the
branch partly through 6 inches or more from tree. Cut through the branch 2 inches or
further out from trunk. The final cut should be made by placing the shears or saw in
front of the branch bark ridge and cutting downward and slightly outward. Do not paint
the wounds.
G. Any trees damaged during construction shall be repaired by an approved tree surgeon.
Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced
with the same species, 6 inches in caliper, which shall be balled, burlapped and
platformed and planted at the direction of the Engineer.
H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off
DIVISION 2 - 4 of 8
DIVISION 2 - SITE WORK
cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be
watered and protected from further damage.
END OF SECTION 02200—SITE PREPARATION
DIVISION 2 - 5 of 8
DIVISION 2 -SITE WORK
SECTION 02222—CLEAN GRANULAR FILL
DESCRIPTION
Under this Item, the Contractor shall furnish, place and compact clean granular fill material in
accordance with the plans and specifications and/or as directed by the Engineer.
MATERIALS
Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be
as follows as determined by ASTM D422 Testing Methods
Sieve Size Percent Passing by Weight
1-inch 100%
No. 40 0-70%
No. 200 0-10%
The Engineer reserves the right to randomly test for conformance any material that arrives at
the site. All costs associated with laboratory testing of the material shall be borne by the
Contractor.
SUBMITTALS
The Contractor is responsible to submit gradation test results for the proposed fill prior to
delivery of the material on site. The Contractor is responsible for all cost associated with
collection, transportation and laboratory testing of the granular fill to ensure conformance to
the proposed specifications. Included in the test results must be the location in which the
material was generated from.
CONSTRUCTION DETAILS
The Contractor shall furnish and place clean granular fill material as directed by the Engineer.
The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory
tamper/roller or other approved means. The fill material shall be compacted to 95% of
maximum density at optimum moisture content in accordance with ASTM D698 Standard
Proctor. All testing fees shall be borne by the Contractor.
BASIS OF PAYMENT
Payment for the above item shall be included in the lump sum price bid for the site restoration.
END OF SECTION 02222—CLEAN GRANULAR FILL
DIVISION 2 - 6 of 8
DIVISION 2 - SITE WORK
SECTION 02911 —TOPSOIL
DESCRIPTION
The Contractor shall furnish all labor, materials, equipment and incidentals necessary for
hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with
the Specifications and the Engineer.
The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if
needed use topsoil from offsite sources.
SUBMITTALS
The Contractor shall submit to the Engineer the following for topsoil from both onsite and
offsite sources:
• Test results showing the source of the topsoil and its composition as per the
MATERIALS requirements listed below:
MATERIALS
Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant
growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar
objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor
more than 20% as determined by loss on ignition of moisture free samples dried at 100
degrees.
The pH of the topsoil shall be between 5.5 and 7.6.
All topsoil shall meet the following mechanical analysis:
Percent Passim
1" Screen 100
1/4 Screen 65-90
No. 100 mesh 20-80
No. 200 mesh 20-80
No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as
determined by the Bouyocous Hydrometer or by the decantation method.
All percentages shall be based on dry weight of samples.
CONSTRUCTION DETAILS
No topsoil shall be spread until the topsoil has been approved by the Engineer.
The Contractor shall supply all required equipment and personnel necessary to scarify, rake
and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil.
DIVISION 2 - 7 of 8
DIVISION 2 - SITE WORK
The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks,
depressions, etc., shall be graded smooth.
BASIS OF PAYMENT
Payment for the above item shall be included in the lump sum price bid for the site restoration.
END OF SECTION 02911 —TOPSOIL
DIVISION 2 - 8 of 8
5TED
SOUTHOLD TOWN
Site access from ENGINEERING
State Rd 215
o
r,
s '
i
PROPOSED'
SILLS RESIDENCE
DEMOLITION PROJECT
G R E E N P O R T
Demolition Project Town of Southold
J• t ` +
J
Si +fir loc cation
James A.Rich
,i �' � �`n` 1000-45-5 5--33.2.2
AS NOTED
AUGUST 1,2017
1 The Contractor shall receive the lump sum price for the demolition and removal of all structures
located on the property in the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES:
generated in the course of demolition activities All excavated areas shall be filled with clean
granulated fill to natural grade and(6")inches of topsoil as per the project Specifications.
The items to be demolished include but are not limited to the following:
Removal and disposal of a two-story wood frame single family structure with partial basement.
Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting
Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily
All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer uxnw me
Removal and disposal of all miscellaneous and assorted debris in and around the residence shall be included in the price bid for this Item.
Any and all other minor items that may become apparent during demolition but are not specifically p �-
referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination
No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies.
seeks and receives approval from the Engineer prior to performing the work a a• i a i
STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE
STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000
CONTRACT NUMBER: C1000970
NYS Department of State
One Commerce Plaza
99 Washington Avenue—Suite 1010 CONTRACT TYPE:
Albany,NY 12231 ❑ Multi-Year Agreement
❑ Simplified Renewal Agreement
N Fixed Term Agreement
CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE:
N New
SOUTHOLD TOWN OF ❑ Renewal
❑ Amendment
CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME:
n/a Bay to Sound Trails Initiative Phase II
CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER:
NYS VENDOR ID Number: 1000000876 n/a
Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only):
DUNS Number(if applicable): n/a n/a
CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS:
Town of Southold ❑ For Profit
53095 Main Road N Municipality, Code:
Southold,NY 11971 ❑ Tribal Nation
❑ Individual
❑ Not-for-Profit
CONTRACTOR PAYMENT ADDRESS:
N Check if same as primary mailing address Charities Registration Number: n/a
CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02
N Check if same as primary mailing address
❑ Sectarian Entity
Contract Number: #C1000970
Page 1 of 2,Master Grant Contract-Face Page
STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE
CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT:
(Multi year—enter total projected amount of the
FROM: 4/1/2016 TO: 3/31/2021 contract; Fixed Term/Simplified Renewal—enter
current period amount)
CURRENT CONTRACT PERIOD:
FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00
AMENDED TERM: AMENDED:
FROM: TO: FUNDING SOURCES:
AMENDED PERIOD: ® State
❑ Federal
FROM: TO: ❑ Other
FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT:
(Out years represent projected funding amounts)
# CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT
1
2
3
4
5
ATTACHMENTS PART OF THIS AGREEMENT:
® Attachment A: ® A-1 Program Specific Terms and Conditions
❑ A-2 Federally Funded Grants
® Attachment B: ® B-1 Expenditure Based Budget
❑ B-2 Performance Based Budget
❑ B-3 Capital Budget
❑ B-1(A) Expenditure Based Budget (Amendment)
❑ B-2(A)Performance Based Budget (Amendment)
❑ B-3(A) Capital Budget (Amendment)
® Attachment C: Work Plan
® Attachment D: Payment and Reporting Schedule
❑ Other:
Contract Number: #C1000970
Page 2 of 2,Master Grant Contract-Face Page
^1
IN WITNESS THEREOF,the parties hereto have executed or approved this Master Contract on
the dates below their signatures.
CONTRACTOR: STATE AGENCY:
Town of Southold NYS Department of State
53095 Main Road One Commerce Plaza
Southold,NY 11971 99 Washington Avenue—Suite 1010
Albany,NY 12231
By. By: .�
LuAnn I. -Hart
Printed Name Printed Name
Title: � � D�1'1!I��0y, Title:
D""of Ftnancrnt Administration
'Date: ' Date: W 2. 119
STATE OF NEW YORK
COUNTY OF
On the day of r .L , 2O i ,beforeme personally appeared
'1- to me known,who being by me d'uuly sworn,did
}depose and say that��a res desfat �ldshe is the
of tie' Is, the cantractar
described herein which executed the foregoing instrum t;and�he signed 'ter name
thereto as authorized by the contractor name on the face page of this Master+.ontri6t.
MICkELL'i 'c: TOMASZEwSKI
NOTARY PUBLIC-STATE"OF NEW.YORK
° '} `No. OtT?, 166611
Quoti(yed in"sidwit County
hly Ca
,ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE
By: By:
F0VI _
Z�;
DEPT TR0L
(1YSTitle: Title: ,lUL 2 7, 2018JAI
Date: Date:
THE 8TATE COMP
Contract Number: K1000970
Page 1 of 1,Master Contract for Grants-Signature Page
STATE OF NEW YORK
MASTER CONTRACT FOR GRANTS
This State of New York Master Contract for Grants (Master Contract) is hereby made by and between
the State of New York acting by and through the applicable State Agency(State) and the public or private entity
(Contractor) identified on the face page hereof(Face Page).
WITNESSETH:
WHEREAS, the State has the authority to regulate and provide funding for the establishment and
operation of program services, design or the execution and performance of construction projects, as applicable
and desires to contract with skilled parties possessing the necessary resources to provide such services or work,
as applicable;and
WHEREAS,the Contractor is ready,willing and able to provide such program services or the execution
and performance of construction projects and possesses or can make available all necessary qualified personnel,
licenses, facilities and expertise to perform or have performed the services or work, as applicable, required
pursuant to the terms of the Master Contract;
NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein,the State
and the Contractor agree as follows:
STANDARD TERMS AND CONDITIONS
I. GENERAL PROVISIONS
A. Executory Clause: In accordance with Section 41 of the State Finance Law,the State shall have
no liability under the Master Contract to the Contractor, or to anyone else, beyond funds
appropriated and available for the Master Contract.
B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the
Master Contract is with the State University of New York (SUNY) or City University of New York
(CUNY), Section 355 or Section 6218 of the Education Law), if the Master Contract exceeds
$50,000 (or $85,000 for contracts let by the Office of General Services, or the minimum thresholds
agreed to by the Office of the State Comptroller(OSC) for certain SUNY and CUNY contracts), or
if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory
amount including, but not limited to, changes in amount, consideration, scope or contract term
identified on the Face Page (Contract Term), it shall not be valid,effective or binding upon the State
until it has been approved by, and filed with, the New York Attorney General Contract Approval
Unit(AG) and OSC. If, by the Master Contract, the State agrees to give something other than money
when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be
valid, effective or binding upon the State until it has been approved by, and filed with, the AG and
OSC.
Budget Changes: An amendment that would result in a transfer of funds among program
activities or budget cost categories that does not affect the amount, consideration, scope or other
terms of such contract may be subject to the approval of the AG and OSC where the amount of
such modification is, as a portion of the total value of the contract, equal to or greater than ten
percent for contracts of less than five million dollars, or five percent for contracts of more than
Contract Number:4C1000970
Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions
five million dollars; and, in addition, such amendment may be subject to prior approval by the
applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule).
C. Order of Precedence:
In the event of a conflict among (i) the terms of the Master Contract (including any and all
attachments and amendments) or (ii) between the terms of the Master Contract and the original
request for proposal, the program application or other attachment that was completed and
executed by the Contractor in connection with the Master Contract, the order of precedence is as
follows:
1. Standard Terms and Conditions
2. Modifications to the Face Page
3. Modifications to Attachment A-2',Attachment B, Attachment C and Attachment D
4. The Face Page
5. Attachment A-22,Attachment B,Attachment C and Attachment D
6. Modification to Attachment A-1
7. Attachment A-1
8. Other attachments, including, but not limited to, the request for proposal or program
application
D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as
"Contract Funding Amount" on the Face Page or as subsequently revised to reflect an approved
renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract
shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget).
E. Contract Performance: The Contractor shall perform all services or work, as applicable, and
comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor
shall provide services or work, as applicable, and meet the program objectives summarized in
Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws,
rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating
certificate for facilities or licenses for an activity or program.
F. Modifications: To modify the Attachments or Face Page,the parties mutually agree to record, in
writing, the terms of such modification and to revise or complete the Face Page and all the
appropriate attachments in conjunction therewith. In addition, to the extent that such modification
meets the criteria set forth in Section 1.13 herein, it shall be subject to the approval of the AG and
To the extent that the modifications to Attachment A-2 are required by federal requirements and conflict with other provisions of the
Master Contract,the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V).
2 T the extent that the terms of Attachment A-2 are required by federal requirements and conflict with other provisions of the Master
Contract,the federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section l(V).
Contract Number: # C1000970
Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions
OSC before it shall become valid, effective and binding upon the State. Modifications that are not
subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in
the Master Contract.
G. Governing Law: The Master Contract shall be governed by the laws of the State of New York
except where the Federal Supremacy Clause requires otherwise.
H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or
unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the
extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining
provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good
faith to reform the Master Contract in a manner consistent with the intent of any such ineffective
provision for the purpose of carrying out such intent. If any provision is held void, invalid or
unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and
effect in all other circumstances.
I. Interpretation: The headings in the Master Contract are inserted for convenience and reference
only and do not modify or restrict any of the provisions herein. All personal pronouns used herein
shall be considered to be gender neutral. The Master Contract has been made under the laws of the
State of New York, and the venue for resolving any disputes hereunder shall be in a court of
competent jurisdiction of the State of New York.
J. Notice:
1. All notices, except for notices of termination, shall be in writing and shall be transmitted
either:
a) by certified or registered United States mail, return receipt requested;
b) by facsimile transmission;
c) by personal delivery;
d) by expedited delivery service;or
e) by e-mail.
2. Notices to the State shall be addressed to the Program Office designated in Attachment A-]
(Program Specific Terms and Conditions).
3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in
Attachment A-1 (Program Specific Terms and Conditions).
4. Any such notice shall be deemed to have been given either at the time of personal delivery or,
in the case of expedited delivery service or certified or registered United States mail, as of the
date of first attempted delivery at the address and in the manner provided herein, or in the case of
facsimile transmission or e-mail, upon receipt.
5. The parties may, from time to time, specify any new or different e-mail address, facsimile
Contract Number-# C1000970
Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions
number or address in the United States as their address for purpose of receiving notice under the
Master Contract by giving fifteen (15)calendar days prior written notice to the other party sent in
accordance herewith. The parties agree to mutually designate individuals as their respective
representatives for the purposes of receiving notices under the Master Contract. Additional
individuals may be designated in writing by the parties for purposes of implementation,
administration, billing and resolving issues and/or disputes.
K. Service of Process: In addition to the methods of service allowed by the State Civil Practice
Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or
certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's
actual receipt of process or upon the State's receipt of the return thereof by the United States Postal
Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each
and every change of address to which service of process can be made. Service by the State to the
last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after
service hereunder is complete in which to respond.
L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of
set-off. These rights shall include, but not be limited to, the State's option to withhold, for the
purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts
due and owing to the State with regard to the Master Contract, any other contract with any State
department or agency, including any contract for a term commencing prior to the term of the Master
Contract, plus any amounts due and owing to the State for any other reason including, without
limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State
shall exercise its set-off rights in accordance with normal State practices including, in cases of set-
off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or
OSC.
M. Indemnification: The Contractor shall be solely responsible and answerable in damages for
any and all accidents and/or injuries to persons (including death)or property arising out of or related
to the services to be rendered by the Contractor or its subcontractors pursuant to this Master
Contract. The Contractor shall indemnify and hold harmless the State and its officers and
employees from claims, suits, actions, damages and cost of every nature arising out of the provision
of services pursuant to the Master Contract.
N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master
Contract may not be assigned by the Contractor or its right, title or interest therein assigned,
transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent,
and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such
prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance
Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where
the original contract was subject to OSC's approval, where the assignment is due to a reorganization,
merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right
to approve an assignment and to require that the merged contractor demonstrate its responsibility to
do business with the State. The Contractor may, however, assign its right to receive payments
without the State's prior written consent unless the Master Contract concerns Certificates of
Participation pursuant to Article 5-A of the State Finance Law.
O. Legal Action: No litigation or regulatory action shall be brought against the State of New York,
the State Agency, or against any county or other local government entity with funds provided under
Contract Number:# C1000970
Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions
the Master Contract. The tetra "litigation" shall include commencing or threatening to commence a
lawsuit,joining or threatening to join as a party to ongoing litigation, or requesting any relief from
any of the State of New York, the State Agency, or any county, or other local government entity.
The term "regulatory action" shall include commencing or threatening to commence a regulatory
proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency,
or any county,or other local government entity.
P. No Arbitration: Disputes involving the Master Contract, including the breach or alleged breach
thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must,
instead, be heard in a court of competent jurisdiction of the State of New York.
Q. Secular Purpose: Services performed pursuant to the Master Contract are secular in nature and
shall be performed in a manner that does not discriminate on the basis of religious belief, or promote
or discourage adherence to religion in general or particular religious beliefs.
R. Partisan Political Activity and Lobbying: Funds provided pursuant to the Master Contract
shall not be used for any partisan political activity, or for activities that attempt to influence
legislation or election or defeat of any candidate for public office.
S. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if its principal
place of business is located in a country, nation, province, state, or political subdivision that
penalizes New York State vendors, and if the goods or services it offers shall be substantially
produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000
amendments (Chapter 684 and Chapter 383, respectively) require that it be denied contracts which
it would otherwise obtain.3
T. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on
how to prevent, detect, and report fraud, waste and abuse of public funds, including information
about the Federal False Claims Act, the New York State False Claims Act, and whistleblower
protections.
U. Non-Collusive Bidding: By submission of this bid, the Contractor and each person signing on
behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its
own organization, under penalty of perjury,that to the best of his or her knowledge and belief that its
bid was arrived at independently and without collusion aimed at restricting competition. The
Contractor further affirms that, at the time the Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-collusive binding certification on the
Contractor's behalf.
V. Federally Funded Grants: All of the Specific federal requirements that are applicable to the
Master Contract are identified in Attachment A-2 (Federally Funded Grants) hereto. To the extent
that the Master Contract is funded in whole or part with federal funds, (i) the provisions of the
Master Contract that conflict with federal rules, federal regulations, or federal program specific
requirements shall not apply and (ii) the Contractor agrees to comply with all applicable federal
3A of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska, Hawaii,
Louisiana, South Carolina, West Virginia and Wyoming. Contact NYS Department of Economic Development for the most current
list of jurisdictions subject to this provision.
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rules, regulations and program specific requirements including, but not limited to, those provisions
that are set forth in Attachment A-2 (Federally Funded Grants)hereto.
H. TERM,TERMINATION AND SUSPENSION
A. Term: The term of the Master Contract shall be as specified on the Face Page, unless
terminated sooner as provided herein.
B. Renewal:
1. General Renewal: The Master Contract may consist of successive periods on the same terms
and conditions, as specified within the Master Contract (a "Simplified Renewal Contract").
Each additional or superseding period shall be on the forms specified by the State and shall be
incorporated in the Master Contract.
2. Renewal Notice to Not for-Profit Contractors:
a) Pursuant to State Finance Law §179-t, if the Master Contract is with a not-for-profit
Contractor and provides for a renewal option, the State shall notify the Contractor of the
State's intent to renew or not to renew the Master Contract no later than ninety (90) calendar
days prior to the end of the term of the Master Contract, unless funding for the renewal is
contingent upon enactment of an appropriation. If funding for the renewal is contingent upon
enactment of an appropriation, the State shall notify the Contractor of the State's intent to
renew or not to renew the Master Contract the later of (1) ninety(90) calendar days prior to
the end of the term of the Master Contract, and (2) thirty (30) calendar days after the
necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the
State is unable to comply with the time frames set forth in this paragraph due to unusual
circumstances beyond the control of the State ("Unusual Circumstances"), no payment of
interest shall be due to the not-for-profit Contractor. For purposes of State Finance Law
§179-t, "Unusual Circumstances" shall not mean the failure by the State to (i) plan for
implementation of a program, (ii) assign sufficient staff resources to implement a program,
(iii) establish a schedule for the implementation of a program or (iv) anticipate any other
reasonably foreseeable circumstance.
b) Notification to the not-for-profit Contractor of the State's intent to not renew the Master
Contract must be in writing in the form of a letter, with the reason(s) for the non-renewal
included. If the State does not provide notice to the not-for-profit Contractor of its intent not
to renew the Master Contract as required in this Section and State Finance Law §179-t, the
Master Contract shall be deemed continued until the date the State provides the necessary
notice to the Contractor, in accordance with State Finance Law §179-t. Expenses incurred by
the not-for-profit Contractor during such extension shall be reimbursable under the terms of
the Master Contract.
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C. Termination:
1. Grounds:
a) Mutual Consent: The Master Contract maybe terminated at anytime upon mutual written
consent of the State and the Contractor.
b) Cause: The State may terminate the Master Contract immediately, upon written notice of
termination to the Contractor, if the Contractor fails to comply with any of the terms and
conditions of the Master Contract and/or with any laws, rules, regulations, policies, or
procedures that are applicable to the Master Contract.
c) Non-Responsibility: In accordance with the provisions of Sections IV(N)(6) and (7)
herein, the State may make a final determination that the Contractor is non-responsible
(Determination of Non-Responsibility). In such event, the State may terminate the Master
Contract at the Contractor's expense, complete the contractual requirements in any manner
the State deems advisable and pursue available legal or equitable remedies for breach.
d) Convenience: The State may terminate the Master Contract in its sole discretion upon
thirty(30)calendar days prior written notice.
e) Lack of Funds: If for any reason the State or the Federal government terminates or
reduces its appropriation to the applicable State Agency entering into the Master Contract or
fails to pay the full amount of the allocation for the operation of one or more programs
funded under this Master Contract, the Master Contract may be terminated or reduced at the
State Agency's discretion, provided that no such reduction or termination shall apply to
allowable costs already incurred by the Contractor where funds are available to the State
Agency for payment of such costs. Upon termination or reduction of the Master Contract, all
remaining funds paid to the Contractor that are not subject to allowable costs already
incurred by the Contractor shall be returned to the State Agency. In any event, no liability
shall be incurred by the State (including the State Agency) beyond monies available for the
purposes of the Master Contract. The Contractor acknowledges that any funds due to the
State Agency or the State of New York because of disallowed expenditures after audit shall
be the Contractor's responsibility.
f) Force Majeure: The State may terminate or suspend its performance under the Master
Contract immediately upon the occurrence of a "force majeure." For purposes of the Master
Contract, "Force majeure" shall include, but not be limited to, natural disasters, war,
rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts
beyond the control of the State which render the performance of its obligations impossible.
2. Notice of Termination:
a) Service of notice: Written notice of termination shall be sent by:
(i) personal messenger service; or
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(ii) certified mail, return receipt requested and first class mail.
b) Effective date of termination: The effective date of the termination shall be the later of(i)
the date indicated in the notice and (ii) the date the notice is received by the Contractor, and
shall be established as follows:
(i) if the notice is delivered by hand, the date of receipt shall be established by the receipt
given to the Contractor or by affidavit of the individual making such hand delivery
attesting to the date of delivery; or
(ii) if the notice is delivered by registered or certified mail, by the receipt returned from
the United States Postal Service, or if no receipt is returned, five (5) business days from
the date of mailing of the first class letter, postage prepaid, in a depository under the care
and control of the United States Postal Service.
3. Effect of Notice and Termination on State's Payment Obligations:
a) Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the
effective date of any prospective termination, as many outstanding obligations as possible,
and agrees not to incur any new obligations after receipt of the notice without approval by the
State.
b) The State shall be responsible for payment on claims for services or work provided and
costs incurred pursuant to the terms of the Master Contract. In no event shall the State be
liable for expenses and obligations arising from the requirements of the Master Contract after
its termination date.
4. Effect of Termination Based on Misuse or Conversion of State or Federal Property:
Where the Master Contract is terminated for cause based on Contractor's failure to use some or
all of the real property or equipment purchased pursuant to the Master Contract for the purposes
set forth herein,the State may, at its option, require:
a) the repayment to the State of any monies previously paid to the Contractor;or
b) the return of any real property or equipment purchased under the terms of the Master
Contract; or
c) an appropriate combination of clauses(a) and (b)of Section II(C)(4)herein.
Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable
remedies as may be available.
D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a
reasonable period of time. In the event of such suspension, the Contractor shall be given a formal
written notice outlining the particulars of such suspension. Upon issuance of such notice, the
Contractor shall comply with the particulars of the notice. The State shall have no obligation to
reimburse Contractor's expenses during such suspension period. Activities may resume at such time
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as the State issues a formal written notice authorizing a resumption of performance under the Master
Contract.
III. PAYMENT AND REPORTING
A. Terms and Conditions:
1. In full consideration of contract services to be performed, the State Agency agrees to pay and
the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page.
2. The State has no obligation to make payment until all required approvals, including the
approval of the AG and OSC, if required, have been obtained. Contractor obligations or
expenditures that precede the start date of the Master Contract shall not be reimbursed.
3. Contractor must provide complete and accurate billing invoices to the State in order to receive
payment. Provided, however, the State may, at its discretion, automatically generate a voucher in
accordance with an approved contract payment schedule. Billing invoices submitted to the State
must contain all information and supporting documentation required by Attachment D (Payment
and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to
submit billing invoices electronically.
4. Payment for invoices submitted by the Contractor shall only be rendered electronically unless
payment by paper check is expressly authorized by the head of the State Agency, in the sole
discretion of the head of such State Agency, due to extenuating circumstances. Such electronic
payment shall be made in accordance with OSC's procedures and practices to authorize
electronic payments.
5. If travel expenses are an approved expenditure under the Master Contract, travel expenses
shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the
Contractor, the OSC guidelines, or United States General Services Administration rates. No out-
of-state travel costs shall be permitted unless specifically detailed and pre-approved by the State.
6. Timeliness of advance payments or other claims for reimbursement, and any interest to be
paid to Contractor for late payment, shall be governed by Article I 1-A of the State Finance Law
to the extent required by law.
7. Article I 1-B of the State Finance Law sets forth certain time frames for the Full Execution of
contracts or renewal contracts with not-for-profit organizations and the implementation of any
program plan associated with such contract. For purposes of this section, "Full Execution"shall
mean that the contract has been signed by all parties thereto and has obtained the approval of the
AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in
the Full Execution of the Master Contract shall be governed by Article 11-B of the State Finance
Law.
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B. Advance Payment and Recoupment:
1. Advance payments, which the State in its sole discretion may make to not-for-profit grant
recipients, shall be made and recouped in accordance with State Finance Law Section 179(u),
this Section and the provisions of Attachment D (Payment and Reporting Schedule).
2. Advance payments made by the State to not-for-profit grant recipients shall be due no later
than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract Term
or, if renewed, in the period identified on the Face Page.
3. For subsequent contract years in multi-year contracts, Contractor will be notified of the
scheduled advance payments for the upcoming contract year no later than 90 days prior to the
commencement of the contract year. For simplified renewals, the payment schedule(Attachment
D)will be modified as part of the renewal process.
4. Recoupment of any advance payment(s) shall be recovered by crediting the percentage of
subsequent claims listed in Attachment D (Payment and Reporting Schedule) and Section III(C)
herein and such claims shall be reduced until the advance is fully recovered within the Contract
Term. Any unexpended advance balance at the end of the Contract Term shall be refunded by
the Contractor to the State.
5. 1f for any reason the amount of any claim is not sufficient to cover the proportionate advance
amount to be recovered, then subsequent claims may be reduced until the advance is fully
recovered.
C. Claims for Reimbursement:
1. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of
the State under the Master Contract in accordance with this Section and the applicable claiming
schedule in Attachment D (Payment and Reporting Schedule).
Vouchers submitted for payment shall be deemed to be a certification that the payments
requested are for project expenditures made in accordance with the items as contained in the
applicable Attachment B form (Budget) and during the Contract Term. When submitting a
voucher, such voucher shall also be deemed to certify that: (i)the payments requested do not
duplicate reimbursement from other sources of funding; and (ii) the funds provided herein do
not replace funds that, in the absence of this grant, would have been made available by the
Contractor for this program. Requirement (ii) does not apply to grants funded pursuant to a
Community Projects Fund appropriation.
2. Consistent with the selected reimbursement claiming schedule in Attachment D (Payment
and Reporting Schedule), the Contractor shall comply with the appropriate following provisions:
a) Quarterly Reimbursement: The Contractor shall be entitled to receive payments for
work, projects, and services rendered as detailed and described in Attachment C(Work Plan).
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The Contractor shall submit to the State Agency quarterly voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3) herein.
b) Monthly Reimbursement: The Contractor shall be entitled to receive payments for work,
projects, and services rendered as detailed and described in Attachment C (Work Plan).
The Contractor shall submit to the State Agency monthly voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3)herein.
c) Biannual Reimbursement: The Contractor shall be entitled to receive payments for work,
projects,and services rendered as detailed and described in Attachment C (Work Plan).
The Contractor shall submit to the State Agency biannually voucher claims and supporting
documentation. The Contractor shall submit vouchers to the State Agency in accordance
with the procedures set forth in Section III(A)(3)herein.
d) Milestone/Performance Reimbursement:4 Requests for payment based upon an event or
milestone may be either severable or cumulative. A severable event/milestone is
independent of accomplishment of any other event. If the event is cumulative, the successful
completion of an event or milestone is dependent on the previous completion of another
event.
Milestone payments shall be made to the Contractor when requested in a form approved by
the State, and at frequencies and in amounts stated in Attachment D (Payment and Reporting
Schedule). The State Agency shall make milestone payments subject to the Contractor's
satisfactory performance.
e) Fee for Service Reimbursement:5 Payment shall be limited to only those fees specifically
agreed upon in the Master Contract and shall be payable no more frequently than monthly
upon submission of a voucher by the contractor.
0 Rate Based Reimbursement:6 Payment shall be limited to rate(s) established in the
Master Contract. Payment may be requested no more frequently than monthly.
g) Scheduled Reimbursement:7 The State Agency shall generate vouchers at the
frequencies and amounts as set forth in Attachment D (Payment and Reporting Schedule),
4 A milestone/performance payment schedule identifies mutually agreed-to payment amounts based on meeting contract events or
milestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true
progress in completing the Master Contract effort.
Fee for Service is a rate established by the Contractor for a service or services rendered.
b Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit.
Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified
dollar amount to be paid to the Contractor at the beginning of each payment period(i.e.quarterly,monthly or bi-annually). While
these payments are related to the particular services and outcomes defined in the Master Contract,they are not dependent upon
particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life
of the contract.
Contract Number.
# C1000970
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and service reports shall be used to determine funding levels appropriate to the next annual
contract period.
h) Fifth Quarter Payments:8 Fifth quarter payment shall be paid to the Contractor at the
conclusion of the final scheduled payment period of the preceding contract period. The State
Agency shall use a written directive for fifth quarter financing. The State Agency shall
generate a voucher in the fourth quarter of the current contract year to pay the scheduled
payment for the next contract year.
3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed.
4. The State reserves the right to withhold up to fifteen percent (15%)of the total amount of the
Master Contract as security for the faithful completion of services or work, as applicable, under
the Master Contract. This amount may be withheld in whole or in part from any single payment
or combination of payments otherwise due under the Master Contract. In the event that such
withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may
pursue all available remedies, including the right of setoff and recoupment.
5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a
Community Projects Fund appropriation if insufficient monies are available pursuant to Section
99-d of the State Finance Law.
6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted
to the State Agency no later than thirty (30) calendar days after the end date of the period for
which reimbursement is claimed. In no event shall the amount received by the Contractor
exceed the budget amount approved by the State Agency, and, if actual expenditures by the
Contractor are less than such sum, the amount payable by the State Agency to the Contractor
shall not exceed the amount of actual expenditures.
7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the
provisions of Section III(C)(6)above, with respect to the final period for which reimbursement is
claimed, so long as the obligations were incurred prior to the end date of the contract, the
Contractor shall have up to ninety (90) calendar days after the contract end date to make
expenditures; provided, however, that if the Master Contract is funded in whole or in part with
federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date
to make expenditures.
D. Identifying Information and Privacy Notification:
1. Every voucher or New York State Claim for Payment submitted to a State Agency by the
Contractor, for payment for the sale of goods or services or for transactions (e.g., leases,
easements, licenses, etc.) related to real or personal property, must include the Contractor's
Vendor Identification Number assigned by the Statewide Financial System, and any or all of the
following identification numbers: (i) the Contractor's Federal employer identification number,
(ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to
s Fifth Quarter Payments occurs where there are scheduled payments and where there is an expectation that services will be continued
through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor
for the first payment period quarter of an anticipated renewal or new contract.
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include such identification number or numbers may delay payment by the State to the
Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its
voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does
not have such number or numbers.
2. The authority to request the above personal information from a seller of goods or services or
a lessor of real or personal property, and the authority to maintain such information, is found in
Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State
is mandatory. The principle purpose for which the information is collected is to enable the State
to identify individuals, businesses and others who have been delinquent in filing tax returns or
may have understated their tax liabilities and to generally identify persons affected by the taxes
administered by the Commissioner of Taxation and Finance. The information will be used for
tax administration purposes and for any other purpose authorized by law. The personal
information is requested by the purchasing unit of the State Agency contracting to purchase the
goods or services or lease the real or personal property covered by the Master Contract. This
information is maintained in the Statewide Financial System by the Vendor Management Unit
within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street,
Albany,New York, 12236.
E. Refunds:
1. In the event that the Contractor must make a refund to the State for Master Contract-related
activities, including repayment of an advance or an audit disallowance, payment must be made
payable as set forth in Attachment A-I (Program Specific Terms and Conditions). The
Contractor must reference the contract number with its payment and include a brief explanation
of why the refund is being made. Refund payments must be submitted to the Designated Refund
Office at the address specified in Attachment A-1 (Program Specific Terms and Conditions).
2. If at the end or termination of the Master Contract, there remains any unexpended balance of
the monies advanced under the Master Contract in the possession of the Contractor, the
Contractor shall make payment within forty-five (45) calendar days of the end or termination of
the Master Contract. In the event that the Contractor fails to refund such balance the State may
pursue all available remedies.
F. Outstanding Amounts Owed to the State: Prior period overpayments(including, but not limited
to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the
Contractor may be recouped against future payments made under this Master Contract to Contractor.
The recoupment generally begins with the first payment made to the Contractor following
identification of the overpayment and/or audit recovery amount. In the event that there are no
payments to apply recoveries against, the Contractor shall make payment as provided in Section
III(E) (Refunds) herein.
G. Program and Fiscal Reporting Requirements:
1. The Contractor shall submit required periodic reports in accordance with the applicable
schedule provided in Attachment.D (Payment and Reporting Schedule). All required reports or
other work products developed pursuant to the Master Contract must be completed as provided
by the agreed upon work schedule in a manner satisfactory and acceptable to the State Agency in
order for the Contractor to be eligible for payment.
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2. Consistent with the selected reporting options in Attachment D (Payment and Reporting
Schedule),the Contractor shall comply with the following applicable provisions:
a) If the Expenditure Based Reports option is indicated in Attachment D (Payment and
Reporting Schedule), the Contractor shall provide the State Agency with one or more of the
following reports as required by the following provisions and Attachment D (Payment and
Reporting Schedule) as applicable:
(i) Narrative/Qualitative Report: The Contractor shall submit, on a quarterly basis, not
later than the time period listed in Attachment D (Payment and Reporting Schedule), a
report, in narrative form, summarizing the services rendered during the quarter. This
report shall detail how the Contractor has progressed toward attaining the qualitative
goals enumerated in Attachment C (Work Plan). This report should address all goals
and objectives of the project and include a discussion of problems encountered and steps
taken to solve them.
(ii) Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis, not
later than the time period listed in Attachment D (Payment and Reporting Schedule), a
detailed report analyzing the quantitative aspects of the program plan, as appropriate
(e.g., number of meals served, clients transported, patient/client encounters, procedures
performed, training sessions conducted,etc.)
(iii) Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than
the time period listed in Attachment D (Payment and Reporting Schedule), a detailed
expenditure report, by object of expense. This report shall accompany the voucher
submitted for such period.
(iv) Final Report: The Contractor shall submit a final report as required by the Master
Contract, not later than the time period listed in Attachment D (Payment and Reporting
Schedule) which reports on all aspects of the program and detailing how the use of
funds were utilized in achieving the goals set forth in Attachment C(Work Plan).
(v) Consolidated Fiscal Report (CFR): The Contractor shall submit a CFR,which includes
a year-end cost report and final claim not later than the time period listed in Attachment
D (Payment and Reporting Schedule).
b) If the Performance-Based Reports option is indicated in Attachment D (Payment and
Reporting Schedule), the Contractor shall provide the State Agency with the following
reports as required by the following provisions and Attachment D (Payment and Reporting
Schedule)as applicable:
(i) Progress Report: The Contractor shall provide the State Agency with a written
progress report using the forms and formats as provided by the State Agency,
summarizing the work performed during the period. These reports shall detail the
Contractor's progress toward attaining the specific goals enumerated in Attachment C
(Work Plan). Progress reports shall be submitted in a format prescribed in the Master
Contract.
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(ii) Final Progress Report: Final scheduled payment is due during the time period set forth
in Attachment D (Payment and Reporting Schedule). The deadline for submission of
the final report shall be the date set forth in Attachment D (Payment and Reporting
Schedule). The State Agency shall complete its audit and notify the Contractor of the
results no later than the date set forth in Attachment D (Payment and Reporting
Schedule). Payment shall be adjusted by the State Agency to reflect only those
services/expenditures that were made in accordance with the Master Contract. The
Contractor shall submit a detailed comprehensive final progress report not later than the
date set forth in Attachment D (Payment and Reporting Schedule), summarizing the
work performed during the entire Contract Term (i.e., a cumulative report), in the forms
and formats required.
3. In addition to the periodic reports stated above, the Contractor may be required (a) to submit
such other reports as are required in Table I of Attachment D (Payment and Reporting
Schedule), and (b) prior to receipt of final payment under the Master Contract, to submit one or
more final reports in accordance with the form, content, and schedule stated in Table 1 of
Attachment D (Payment and Reporting Schedule).
H. Notification of Significant Occurrences:
1. If any specific event or conjunction of circumstances threatens the successful completion of
this project, in whole or in part, including where relevant, timely completion of milestones or
other program requirements, the Contractor agrees to submit to the State Agency within three (3)
calendar days of becoming aware of the occurrence or of such problem, a written description
thereof together with a recommended solution thereto.
2. The Contractor shall immediately notify in writing the program manager assigned to the
Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers,
directors or officers of the Contractor, any subcontractor or program participant funded through
the Master Contract, including but not limited to the following: death or serious injury; an arrest
or possible criminal activity that could impact the successful completion of this project; any
destruction of property; significant damage to the physical plant of the Contractor; or other
matters of a similarly serious nature.
IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES
A. Contractor as an Independent Contractor/Employees:
1. The State and the Contractor agree that the Contractor is an independent contractor, and not
an employee of the State and may neither hold itself out nor claim to be an officer, employee, or
subdivision of the State nor make any claim, demand, or application to or for any right based
upon any different status. The Contractor shall be solely responsible for the recruitment, hiring,
provision of employment benefits, payment of salaries and management of its project personnel.
These functions shall be carried out in accordance with the provisions of the Master Contract,
and all applicable Federal and State laws and regulations.
2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary
licenses, approvals, and certifications currently required by the laws of any applicable local,
state, or Federal government to perform the services or work, as applicable, pursuant to the
Contract Number:# C1000970
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i
Master Contract and/or any subcontract entered into under the Master Contract. The Contractor
further agrees that such required licenses, approvals, and certificates shall be kept in full force
and effect during the term of the Master Contract, or any extension thereof, and to secure any
new licenses, approvals, or certificates within the required time frames and/or to require its staff
and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the
Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license,
approval, or certification to perform the services or work, as applicable, under the Master
Contract, Contractor shall immediately notify the State.
B. Subcontractors:
1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master
Contract, the Contractor shall take full responsibility for the acts and omissions of its
subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master
Contract. No contractual relationship shall be deemed to exist between the subcontractor and the
State.
2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are
in excess of $100,000 for the performance of the obligations contained herein until it has
received the prior written permission of the State, which shall have the right to review and
approve each and every subcontract in excess of$100,000 prior to giving written permission to
the Contractor to enter into the subcontract. All agreements between the Contractor and
subcontractors shall be by written contract, signed by individuals authorized to bind the parties.
All such subcontracts shall contain provisions for specifying (1) that the work performed by the
subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing
contained in the subcontract shall impair the rights of the State under the Master Contract, and
(3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to
create any contractual relationship between the subcontractor and the State. In addition,
subcontracts shall contain any other provisions which are required to be included in subcontracts
pursuant to the terms herein.
3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide
to the State the information the State needs to determine whether a proposed subcontractor is a
responsible vendor.
4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor
Responsibility Questionnaire(Questionnaire).
5. When a subcontract is executed, the Contractor must provide detailed subcontract information
(a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution.
The State may request from the Contractor copies of subcontracts between a subcontractor and
its subcontractor.
6. The Contractor shall require any and all subcontractors to submit to the Contractor all
financial claims for Services or work to the State agency, as applicable, rendered and required
supporting documentation and reports as necessary to permit Contractor to meet claim deadlines
and documentation requirements as established in Attachment D (Payment and Reporting
Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after
submitting the required reports and vouchers for reimbursement of services or work, as
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applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment
or rejection by the Contractor of claims that do not contain the required information, and/or are
not received by the Contractor by said due date.
C. Use Of Material,Equipment,Or Personnel:
1. The Contractor shall not use materials, equipment, or personnel paid for under the Master
Contract for any activity other than those provided for under the Master Contract,except with the
State's prior written permission.
2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the
property of the State and shall either be credited to the State at the close-out of the Master
Contract or, upon the written permission of the State, shall be expended on additional services or
work, as applicable, provided for under the Master Contract.
D. Property:
1. Property is real property, equipment, or tangible personal property having a useful life of
more than one year and an acquisition cost of$1,000 or more per unit.
a) If an item of Property required by the Contractor is available as surplus to the State, the
State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of
the purchase of such Property.
b) If the State consents in writing, the Contractor may retain possession of Property owned
by the State, as provided herein, after the termination of the Master Contract to use for
similar purposes. Otherwise, the Contractor shall return such Property to the State at the
Contractor's cost and expense upon the expiration of the Master Contract.
c) In addition, the Contractor agrees to permit the State to inspect the Property and to
monitor its use at reasonable intervals during the Contractor's regular business hours.
d) The Contractor shall be responsible for maintaining and repairing Property purchased or
procured under the Master Contract at its own cost and expense. The Contractor shall
procure and maintain insurance at its own cost and expense in an amount satisfactory to the
State Agency, naming the State Agency as an additional insured, covering the loss, theft or
destruction of such equipment.
e) A rental charge to the Master Contract for a piece of Property owned by the Contractor
shall not be allowed.
f) The State has the right to review and approve in writing any new contract for the purchase
of or lease for rental of Property (Purchase/Lease Contract) operated in connection with the
provision of the services or work, as applicable, as specified in the Master Contract, if
applicable, and any modifications, amendments, or extensions of an existing lease or
purchase prior to its execution. If, in its discretion, the State disapproves of any
Purchase/Lease Contract, then the State shall not be obligated to make any payments for such
Property.
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g) No member, officer, director or employee of the Contractor shall retain or acquire any
interest, direct or indirect, in any Property, paid for with funds under the Master Contract, nor
retain any interest, direct or indirect, in such, without full and complete prior disclosure of
such interest and the date of acquisition thereof, in writing to the Contractor and the State.
2. For non-Federally-funded contracts, unless otherwise provided herein,the State shall have the
following rights to Property purchased with funds provided under the Master Contract:
a) For cost-reimbursable contracts,all right,title and interest in such Property shall belong to
the State.
b) For performance-based contracts, all right, title and interest in such Property shall belong
to the Contractor.
3. For Federally funded contracts,title to Property whose requisition cost is borne in whole or in
part by monies provided under the Master Contract shall be governed by the terms and
conditions of Attachment A-2(Federally Funded Grants).
4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property
that is owned by the State as provided herein.
5. The Contractor shall execute any documents which the State may reasonably require to
effectuate the provisions of this section.
E. Records and Audits:
1. General:
a) The Contractor shall establish and maintain, in paper or electronic format, complete and
accurate books, records, documents, receipts, accounts, and other evidence directly pertinent
to its performance under the Master Contract(collectively, Records).
b) The Contractor agrees to produce and retain for the balance of the term of the Master
Contract, and for a period of six years from the later of the date of(i)the Master Contract and
(ii) the most recent renewal of the Master Contract, any and all Records necessary to
substantiate upon audit, the proper deposit and expenditure of funds received under the
Master Contract. Such Records may include, but not be limited to, original books of entry
(e.g., cash disbursements and cash receipts journal), and the following specific records (as
applicable)to substantiate the types of expenditures noted:
(i) personal service expenditures: cancelled checks and the related bank statements,time
and attendance records, payroll journals, cash and check disbursement records including
copies of money orders and the like, vouchers and invoices, records of contract labor,
any and all records listing payroll and the money value of non-cash advantages provided
to employees, time cards, work schedules and logs, employee personal history folders,
detailed and general ledgers, sales records, miscellaneous reports and returns (tax and
otherwise), and cost allocation plans, if applicable.
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(ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank
statements, cash and check disbursement records including copies of money orders and
the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and
otherwise), and cost allocation plans, if applicable.
(iii) non-personal services expenditures: original invoices/receipts, cancelled checks and
related bank statements, consultant agreements, leases, and cost allocation plans, if
applicable.
(iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit
slips,and a copy of the related bank statements.
c) The OSC, AG and any other person or entity authorized to conduct an examination, as
well as the State Agency or State Agencies involved in the Master Contract that provided
funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m.,
Monday through Friday (excluding State recognized holidays), at an office of the Contractor
within the State of New York or, if no such office is available, at a mutually agreeable and
reasonable venue within the State, for the term specified above for the purposes of
inspection,auditing and copying.
d) The State shall protect from public disclosure any of the Records which are exempt from
disclosure under Section 87 of the Public Officers Law provided that: (i)the Contractor shall
timely inform an appropriate State official, in writing, that said records should not be
disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said
records, as exempt under Section 87 of the Public Officers Law, is reasonable.
e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights
in connection with its audit and investigatory authority or the State's rights in connection
with discovery in any pending or future litigation.
2. Cost Allocation:
a) For non-performance based contracts, the proper allocation of the Contractor's costs must
be made according to a cost allocation plan that meets the requirements of OMB Circulars A-
87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to
generally accepted accounting practices and shall be consistent with the method(s) used by
the Contractor to determine costs for other operations or programs. Such accounting
standards and practices shall be subject to approval of the State.
b) For performance based milestone contracts, or for the portion of the contract amount paid
on a performance basis, the Contractor shall maintain documentation demonstrating that
milestones were attained.
3. Federal Funds: For records and audit provisions governing Federal funds, please see
Attachment A-2 (Federally Funded Grants).
F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to
individuals who may receive services, and their families pursuant to the Master Contract, or any
other information, data or records deemed confidential by the State (Confidential Information) only
Contract Number:# C1000970
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for the limited purposes of the Master Contract and in conformity with applicable provisions of State
and Federal law. The Contractor(i) has an affirmative obligation to safeguard any such Confidential
Information from unnecessary or unauthorized disclosure and (ii) must comply with the provisions
of the New York State Information Security Breach and Notification Act (General Business Law
Section 899-aa; State Technology Law Section 208).
G. Publicity:
I. Publicity includes, but is not limited to: news conferences; news releases; public
announcements; advertising; brochures; reports; discussions or presentations at conferences or
meetings; and/or the inclusion of State materials, the State's name or other such references to the
State in any document or forum. Publicity regarding this project may not be released without
prior written approval from the State.
2. Any publications, presentations or announcements of conferences, meetings or trainings
which are funded in whole or in part through any activity supported under the Master Contract
may not be published, presented or announced without prior approval of the State. Any such
publication, presentation or announcement shall:
a) Acknowledge the support of the State of New York and, if funded with Federal funds,the
applicable Federal funding agency; and
b) State that the opinions, results, findings and/or interpretations of data contained therein
are the responsibility of the Contractor and do not necessarily represent the opinions,
interpretations or policy of the State or if funded with Federal funds, the applicable Federal
funding agency.
3. Notwithstanding the above, the Contractor may submit for publication, scholarly or academic
publications that derive from activity under the Master Contract (but are not deliverable under
the Master Contract), provided that the Contractor first submits such manuscripts to the State
forty-five (45) calendar days prior to submission for consideration by a publisher in order for the
State to review the manuscript for compliance with confidentiality requirements and
restrictions and to make such other comments as the State deems appropriate. All derivative
publications shall follow the same acknowledgments and disclaimer as described in Section
V(G)(2) (Publicity) hereof.
H. Web-Based Applications-Accessibility: Any web-based intranet and Internet information and
applications development, or programming delivered pursuant to the Master Contract or
procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility
Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08-
005, Accessibility of Web-Based Information Applications, as such policy or standard may be
amended, modified or superseded, which requires that State Agency web-based intranet and Internet
information and applications are accessible to person with disabilities. Web content must conform
to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance
testing. Such quality assurance testing shall be conducted by the State Agency and the results of
such testing must be satisfactory to the State Agency before web content shall be considered a
qualified deliverable under the Master Contract or procurement.
Contract Number:# C1000970
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I. Non-Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known
as the Human Rights Law) and all other State and Federal statutory and constitutional non-
discrimination provisions, the Contractor and sub-contractors will not discriminate against any
employee or applicant for employment because of race, creed (religion), color, sex (including gender
expression), 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. Furthermore, in accordance with Section 220-e of the Labor
Law, if this is a contract for the construction, alteration or repair of any public building or public
work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the
extent that the Master Contract shall be performed within the State of New York, the Contractor
agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or
national origin: (a) discriminate in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or intimidate any employee hired for the
performance of work under the Master Contract. If this is a building service contract as defined in
Section 230 of the Labor Law, then, in accordance with Section 239 thereof, the Contractor agrees
that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or
disability: (a) discriminate in hiring against any New York State citizen who is qualified and
available to perform the work; or (b) discriminate against or intimidate any employee hired for the
performance of work under the Master Contract. The Contractor shall be subject to fines of$50.00
per person per day for any violation of Section 220-e or Section 239 of the Labor Law.
J. Equal Opportunities for Minorities and Women; Minority and Women Owned Business
Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the
Master Contract is: (i) a written agreement or purchase order instrument, providing for a total
expenditure in excess of$25,000.00, whereby a contracting State Agency is committed to expend or
does expend funds in return for labor, services, supplies, equipment, materials or any combination of
the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or(ii) a
written agreement in excess of $100,000.00 whereby a contracting State Agency is,committed to
expend or does expend funds for the acquisition, construction, demolition, replacement, major repair
or renovation of real property and improvements thereon; or (iii) a written agreement in excess of
$100,000.00 whereby the owner of a State assisted housing project is committed to expend or does
expend funds for the acquisition, construction, demolition, replacement, major repair or renovation
of real property and improvements thereon for such project, then the Contractor certifies and affirms
that (i) it is subject to Article 15-A of the Executive Law which includes, but is not limited to, those
provisions concerning the maximizing of opportunities for the participation of minority and women-
owned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal
employment opportunity policy that:
1. The Contractor shall not discriminate against employees or applicants for employment
because of race, creed, color, national origin, sex, age, disability or marital status;
2. The Contractor 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;
3. The Contractor shall undertake or continue existing programs of affirmative action to ensure
that minority group members and women are afforded equal employment opportunities without
discrimination. Affirmative action shall mean recruitment, employment, job assignment,
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promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms
of compensation;
4. At the request of the State, the 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 shall not discriminate on the basis of race, creed,color, national origin,
sex, age,disability or marital status and that such union or representative shall affirmatively
cooperate in the implementation of the Contractor's obligations herein;and
5. The Contractor shall state, in all solicitations or advertisements for employees,that, in the
performance of the State contract, all qualified applicants shall be afforded equal employment
opportunities without discrimination because of race,creed, color, national origin, sex,age,
disability or marital status.
The Contractor shall include the provisions of subclauses 1 — 5 of this Section (IV)(J), in every
subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation,
planning or design of real property and improvements thereon (Work) except where the Work is for
the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (i) work,
goods or services unrelated to the Master Contract; or(ii)employment outside New York State. The
State shall consider compliance by the Contractor or a subcontractor with the requirements of any
Federal law concerning equal employment opportunity which effectuates the purpose of this section.
The State shall determine whether the imposition of the requirements of the provisions hereof
duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State
shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or
conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of
the Department of Economic Development's Division of Minority and Women's Business
Development pertaining hereto.
K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize
opportunities for the participation of New York State business enterprises, including minority and
women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement
contracts.
1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus
Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies
the following:
a) The Contractor has made reasonable efforts to encourage the participation of State
business enterprises as suppliers and subcontractors, including certified minority and women-
owned business enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;
b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92-
261), as amended;
c) The Contractor agrees to make reasonable efforts to provide notification to State residents
of employment opportunities on this project through listing any such positions with the Job
Service Division of the New York State Department of Labor, or providing such notification
Contract Number•# C1000970
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in such manner as is consistent with existing collective bargaining contracts or agreements.
The Contractor agrees to document these efforts and to provide said documentation to the
State upon request; and
d) The Contractor acknowledges notice that the State may seek to obtain offset credits from
foreign countries as a result of the Master Contract and agrees to cooperate with the State in
these efforts.
L. Workers' Compensation Benefits:
1. In accordance with Section 142 of the State Finance Law, the Master Contract shall be void
and of no force and effect unless the Contractor shall provide and maintain coverage during the
life of the Master Contract for the benefit of such employees as are required to be covered by the
provisions of the Workers'Compensation Law.
2. If a Contractor believes they are exempt from the Workers Compensation insurance
requirement they must apply for an exemption.
M. Unemployment Insurance Compliance: The Contractor shall remain current in both its
quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable,
to the State Unemployment Insurance system as a condition of maintaining this grant.
The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff
only such information as is necessary to determine the Contractor's compliance with the State
Unemployment Insurance Law. This includes, but is not limited to,the following:
1. any records of unemployment insurance (UI) contributions, interest, and/or penalty payment
arrears or reporting delinquency;
2. any debts owed for UI contributions, interest, and/or penalties;
3. the history and results of any audit or investigation; and
4. copies of wage reporting information.
Such disclosures are protected under Section 537 of the State Labor Law, which makes it a
misdemeanor for the recipient of such information to use or disclose the information for any purpose
other than the performing due diligence as a part of the approval process for the Master Contract.
N. Vendor Responsibility:
1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and
represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly
completed such Questionnaire. Although electronic filing is preferred, the Contractor may
obtain a paper form from the OSC prior to execution of the Master Contract. The Contractor
further covenants and represents that as of the date of execution of the Master Contract, there are
no material events, omissions, changes or corrections to such document requiring an amendment
to the Questionnaire.
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2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s)
occurs requiring an amendment or as new information material to such Questionnaire becomes
available.
3. The Contractor shall, in addition, promptly report to the State the initiation of any
investigation or audit by a governmental entity with enforcement authority with respect to any
alleged violation of Federal or state law by the Contractor, its employees, its officers and/or
directors in connection with matters involving, relating to or arising out of the Contractor's
business. Such report shall be made within five (5) business days following the Contractor
becoming aware of such event, investigation, or audit. Such report may be considered by the
State in making a Determination of Vendor Non-Responsibility pursuant to this section.
4. The State reserves the right, in its sole discretion, at any time during the term of the Master
Contract:
a) to require updates or clarifications to the Questionnaire upon written request;
b) to inquire about information included in or required information omitted from the
Questionnaire;
c) to require the Contractor to provide such information to the State within a reasonable
timeframe; and
d) to require as a condition precedent to entering into the Master Contract that the Contractor
agree to such additional conditions as shall be necessary to satisfy the State that the
Contractor is,and shall remain, a responsible vendor; and
e) to require the Contractor to present evidence of its continuing legal authority to do
business in New York State, integrity, experience, ability, prior performance, and
organizational and financial capacity. By signing the Master Contract,the Contractor agrees
to comply with any such additional conditions that have been made a part of the Master
Contract.
5. The State, in its sole discretion, reserves the right to suspend any or all activities under the
Master Contract, at any time, when it discovers information that calls into question the
responsibility of the Contractor. In the event of such suspension, the Contractor shall be given
written notice outlining the particulars of such suspension. Upon issuance of such notice, the
Contractor must comply with the terms of the suspension order. Contract activity may resume at
such time as the State issues a written notice authorizing a resumption of performance under the
Master Contract.
6. The State, in its sole discretion, reserves the right to make a final Determination of Non-
Responsibility at any time during the term of the Master Contract based on:
a) any information provided in the Questionnaire and/or in any updates, clarifications or
amendments thereof,or
b) the State's discovery of any material information which pertains to the Contractor's
responsibility.
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7. Prior to making a final Determination of Non-Responsibility, the State shall provide written
notice to the Contractor that it has made a preliminary determination of non- responsibility. The
State shall detail the reason(s) for the preliminary determination,and shall provide the Contractor
with an opportunity to be heard.
O. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a
Federal identification number, and a charitable registration number (or a declaration of exemption)
and to furnish the State Agency with this information as soon as it is available, (ii) be in compliance
with the OAG charities registration requirements at the time of the awarding of this Master Contract
by the State and (iii) remain in compliance with the OAG charities registration requirements
throughout the term of the Master Contract.
P. Consultant Disclosure Law:9 If this is a contract for consulting services, defined for purposes
of this requirement to include analysis, evaluation, research, training, data processing, computer
programming, engineering, environmental, health, and mental health services, accounting, auditing,
paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance
Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual employment report for the contract to the
agency that awarded the contract, the Department of Civil Service and the State Comptroller.
Q. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor
Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor
the employees of its subcontractors may be required or permitted to work more than the number of
hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth
in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore,
Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the
prevailing supplements, including the premium rates for overtime pay, as determined by the State
Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this
is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and
agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the
Labor Law shall be condition precedent to payment by the State of any State approved sums due and
owing for work done upon the project.
Not applicable to not-for-profit entities.
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ATTACHMENT A-I
AGENCY AND PROGRAM SPECIFIC TERMS AND CONDITIONS
I. Agency Specific Clauses (revised 3/20/17)
For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context
requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context
requires otherwise.
A. Project Timetable
The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance
with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the
conditions of any applicable permits, administrative orders, or judicial orders and this Agreement.
B. Budget Modifications
Prior DOS written approval, which requires a detailed breakdown and justification, is required for all
requests for budget modifications, regardless of the amount of the modification. Additional approvals will
be required when modifications exceed thresholds described below.
Any proposed modification to a contract that will result in a transfer of funds among program activities or
budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts
must be submitted to DOS for submission to the Office of State Comptroller for approval when:
1. The amount of the modification is equal to or greater than ten percent of the total value of the
contract for contracts of less than five million dollars; or
2. The amount of the modification is equal to or greater than five percent of the total value of the
contract for contracts of more than five million dollars.
C. License to Use and Reproduce Documents, Intellectual Property and Other Works:
By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable
nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual
property or other work purchased, developed or prepared for or in connection with the Project using funding
provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and
documents regardless of the medium in which they are originally produced. Contractor warrants to the
Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and
further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit
such title or interest in such works in any manner that may compromise Contractor's ability to provide the
aforesaid license to the Department. Such warranties shall survive the termination of this agreement.
Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the
Department, to the Department before payments shall be made under this Agreement.
D. Property
The ownership of all property or intellectual property described herein and purchased, developed or
prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in
such property or intellectual property held by the Department, unless otherwise authorized or directed in
Contract Number: #C1000970
Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions
writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and
Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this
Contract so long as such property or intellectual property is used for purposes similar to those contemplated .
by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the
Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in
such property or intellectual property shall revert to the Department. The ownership of all property
purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms
of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as amended.
E. Termination
The Department may terminate the Agreement in accordance with the terms and conditions set forth in the
Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this
Agreement, the Department may terminate or suspend the Agreement under the following circumstances:
1. The Contractor shall complete the project as set forth in this Agreement, and failure to render
satisfactory progress or to complete the project to the satisfaction of the State may be deemed an
abandonment of the project and may cause the suspension or termination of any obligation of the
State. In the event the Contractor should be deemed to have abandoned the project for any reason or
cause other than a national emergency or an Act of God, all monies paid to the Contractor by the
State and not expended in accordance with this Agreement shall be repaid to the State upon demand.
If such monies are not repaid within one year after such demand, the State Comptroller of the State
of New York may cause to be withheld from the Contractor any State assistance to which the
Contractor would otherwise be entitled in an amount equal to the monies demanded.
2. In the event that the Department has provided written notice to the Contractor directing that the
Contractor correct any failure to comply with this Agreement, the Department reserves the right to
direct that the Contractor suspend all work during a period of time to be determined by the
Department. If the Contractor does not correct such failures during the period provided for in the
notice, this Agreement shall be deemed to be terminated after expiration of such time period. During
any such suspension, the Contractor agrees not to incur any new obligations after receipt of the
notice without approval by the Department.
3. If the Department determines the Contractor has breached a term of the Agreement and if the
Department determines the defect can be remedied, it may, in its sole discretion, issue a written
notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may
include a prospective termination date. If the Contractor fails to correct the defect or fails to make a
good faith effort to do so as determined by the Department to the Department's satisfaction, the
Department may terminate the Agreement for cause.
4. The Department shall also have the right to postpone or suspend the Agreement or deem it
abandoned without this action being a breach of the Agreement. The Department shall provide
written notice to the Contractor indicating the Agreement has been postponed, suspended or
abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do
any work under the Agreement without prior written approval of the Department.
5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall
make a settlement with the Contractor upon an equitable basis in good faith and under the general
Contract Number: #C1000970
Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions
compensation principles and rates established in the Agreement by the Department. This settlement
shall fix the value of the work which was performed by the Contractor to the Department's
satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement.
6. Any funds paid to the Contractor by the Department which are not expended under the terms of the
Agreement shall be repaid to the Department.
F. Subcontracting Requirements
1. Contractor agrees that it shall not enter into any subcontract for the performance of work in
furtherance of this Contract with any subcontractor that at the time of contracting: (1) is listed on the
New York State Department of Labor's list of companies with which New York State cannot do
business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity
debarred from federal contracts (available at: https://www.sam.gov/portaUpublic/SAM); or (3) fails
to possess requisite workers compensation and disability insurance coverage (see
http://www.wcb.ny.gov). In addition, Contractor agrees that it shall immediately suspend or
terminate any subcontract entered into for the performance of work in furtherance of this Contract if
at any time during the term of such subcontract the subcontractor: (1) is listed on the New York State
Department of Labor's list of companies with which New York State cannot do business (available
at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal
contracts (list available at: https://www.sam.goy/portal/public/SAM); or (3) fails to maintain
requisite workers compensation or disability insurance coverage (see http://www.wcb.ny.g_ov_).
Contractor agrees that any such suspension shall remain in place until the condition giving rise to the
suspension is corrected by the subcontractor. The terms of this clause shall be incorporated in any
and all subcontracts entered into in furtherance of this Contract.
2. The Contractor's use of subcontractors shall not diminish the Contractor's obligations to complete
the Work in accordance with the Contract. The Contractor shall control and coordinate the Work of
its subcontractors.
3. The Contractor shall be responsible for informing its subcontractors of all the terms, conditions and
requirements of the Contract Documents including, but not limited to the terms of the Master Grant
Contract, any and all Appendices, and any changes made by amendments thereto, and ensuring that
any and all subcontracts entered into in furtherance of this Contract conform to and do not conflict
with such terms.
4. Contractor shall file each and every subcontract entered into in furtherance of this Contract with the
Department of State no later than fifteen (15) calendar days following the signing of the subcontract,
unless otherwise authorized or directed by the Department of State.
5. Notwithstanding the requirements of Section IV.13.2 of the Standard Terms and Conditions, the
Department reserves the right to require, upon notice to the Contractor, that, commencing from the
date of such notice or a date otherwise specified in such notice, Contractor must obtain written
approval from the Department prior to entering into any and all subcontracts valued at or below
$100,000 for the performance of any activities covered by this Contract (as provided for in
Attachment Q. Contractor agrees to require any proposed subcontractors to timely provide to the
Department such information as may be requested by the Department as necessary to assess whether
the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing
the work. In the event the Department invokes this right of prior approval and a request for approval
Contract Number: #C1000970
Page 3 of 20,Attachment A-1 —Program Specific Terms and Conditions
is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter
into the proposed subcontract and that no costs associated with such subcontract shall be allowable
under this Contract.
G. Compliance with Procurement Requirements
1. All contracts by municipalities for service, labor, and construction involving not more than $35,000
and purchase contracts involving not more than $20,000 are subject to the requirements of General
Municipal Law §104-b, which requires such contracts to comply with the procurement policies and
procedures of the municipality involved. All such contracts shall be awarded after and in accordance
with such municipal procedures, subject to the MWBE requirements as set forth in Section M and
any additional requirements imposed by the State as set forth in Attachment C hereof.
2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to
the Department of State that applicable public bidding procedures of General Municipal Law §103
were followed for all service, labor, and construction contracts involving more than $35,000 and all
purchase contracts involving more than $20,000. In the case of contracts by municipalities service,
labor, and construction contracts involving not more than $35,000 and purchase contracts involving
not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall
certify that the procedures of the municipality established pursuant to General Municipal Law §104-
b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this
Agreement and any additional requirements imposed by the State as set forth in Attachment C
hereof.
3. For non-municipal entities such as community-based organizations, the chief legal officer or
financial administrator of the Contractor shall certify to the State that alternative proposals and
quotations for professional services were secured by use of written requests for proposals through a
publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of
this Agreement and to ensure the prudent and economical use of public funds for professional
services of maximum quality at reasonable cost.
H. Vendor Responsibility Determinations
1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This
Questionnaire is designed to provide information to assist the contracting agency in assessing a
CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and
submitted electronically or returned with the contract. Contractor is invited to file the required
Vendor Responsibility Questionnaire online via the New York State VendRep System or may
choose to complete and submit a paper questionnaire. To enroll in and use the New York State
VendRep System, see the VendRep System Instructions available at
http://osc.stite.ny.us/vendrep/index.htm or go directly to the VendRep System online at
https:Hportal.ose.state.ny us. For direct VendRep System user assistance, the Office of the State
Comptroller's Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at
helpdesk .osc.state.ny us. Vendors opting to file a paper questionnaire can obtain the appropriate
questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the
Department of State or the Office of the State Comptroller's Help Desk for a copy of the paper form.
2. Contractor hereby acknowledges that the Vendor Responsibility Questionnaire (VRQ), as described
in Section IV (N) of the Master Grant Contract, as well as any updated or amended version of the
Contract Number: #C1000970
Page 4 of 20,Attachment A-1 —Program Specific Terms and Conditions
VRQ submitted during the term of this contract, or any contractor responsibility information that
may be requested by the Department and submitted during the term of this contract, is made a part of
this contract by reference hereto and that any misrepresentation of fact in the information submitted,
may result in termination of this contract. During the term of this Contract, any changes in the
information provided in the questionnaire shall be disclosed to the Department, in writing, in a
timely manner. Failure to make such disclosure may result in a determination of non-responsibility
and termination of the contract.
I. State Attorney General Charities Registration
In accordance with the Estates, Powers and Trust Law § 8-1.4 (s), the recipient certifies that it is in
compliance with the requirements of Estate, Powers and Trusts Law sections 8-1.4 (d), (f), and (g),
regarding organizations which administer property for charitable purposes registering and filing periodic
reports (together with the appropriate filing fees) with the New York State Attorney General's Charities
Bureau. This certification is a material representation of fact upon which reliance was placed by the
Department of State in entering into this Agreement with the Contractor.
The Contractor agrees that it will provide immediate written notice to the Department of State if at any time
it learns that this certification was erroneous when made or has become erroneous by reason of changed
circumstances.
J. Records Access
The Contractor shall make such records available for review by the Department upon request at any time.
The Department shall have the right to conduct progress assessments and review books and records as
necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and
records of the Contractor prior to, and for reasonable time following, issuance of the final payment. The
Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if
the Contractor has misrepresented any expenditures or Project activities in its application to the Department,
or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor
shall maintain such books and records in a manner so that reports can be produced therefrom in accordance
with generally accepted accounting principles. The Contractor shall maintain separate financial books and
records for all funds received through the Department pursuant to this Agreement.
K. Notices
Pursuant to Section J of the Master Grant Contract, notice hereunder shall be addressed as follows:
1. Notice to the State
Name: Laurissa Garcia
Title: Contract Management Specialist
Agency/Division: Department of State, Office of Planning and Development
Address: 99 Washington Avenue, Suite 1010
Albany, NY 12231
Telephone Number: 518-486-9540
E-Mail Address: opdcontracts(aypo_v
Contract Number: #C1000970
Page 5 of 20,Attachment A-I —Program Specific Terms and Conditions
2. Notice to the Contractor
Name: Scott A. Russell
Title: Supervisor
Affiliation: Town of Southold
Address: 53095 Main Road
Southold,NY 11971
Telephone Number: 631-765-1889
E-Mail Address: Scott.russelbi7town.southold.ny.us
L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 144, incorporated
herein by reference):
1. If Contractor is a "covered provider" within the meaning of 19 NYCRR § 144.3(d) at any time
during the life of this Agreement, then during the period when Contractor is such a "covered
provider":
a. Contractor shall comply with the requirements set forth in 19 NYCRR Part 144, as amended; and
b. Contractor's failure to comply with any applicable requirement of 19 NYCRR Part 144, as
amended, including but not limited to the restrictions on allowable administrative expenses, the
limits on executive compensation, and the reporting requirements, may be deemed a material
breach of this Agreement and constitute a sufficient basis for, in the discretion of the
Department, termination for cause, suspension for cause, or the reduction of funding provided
pursuant to this Agreement.
2. Contractor shall include the following provision in any agreement with a subcontractor or agent
receiving State funds or State-authorized payments from the Contractor to provide program or
administrative services under this Agreement:
[Name of subcontractor/agent] acknowledges that, pursuant to this Agreement, it is receiving
"State funds" or "State-authorized payments" originating with, passed through, or approved by
the New York State Department of State in order to provide program or administrative services
on behalf of[Name of CONTRACTOR]. If at any time during the life of this Agreement[Name of
subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS
regulations, [Name of subcontractor/agent]shall comply with the terms of 19 NYCRR Part 144,
as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a
material breach of this Agreement constituting a sufficient basis for suspension or termination
for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference.
M. Minority and Women Owned Business Participation
Article 15-A of the New York State Executive Law, as amended, authorized the creation of a Division of
Minority and Women's Business Development to promote employment and business opportunities on state
contracts for minorities and women. This law supersedes any other provision in state law authorizing or
requiring an equal employment opportunity program or a program for securing participation by minority and
women-owned business enterprises. Under this statute, State agencies are charged with establishing
business participation goals for minorities and women. The Department of State administers a Minority and
Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A.
Contract Number: #C1000970
Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions
1. General Provisions
a. The Department of State is required to implement the provisions of New York State Executive
Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations
("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for
labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of
$100,000 for real property renovations and construction.
b. The Contractor to the subject contract (the "Contractor" and the "Contract," respectively) agrees,
in addition to any other nondiscrimination provision of the Contract and at no additional cost to
the New York State Department of State (the "Agency"), to fully comply and cooperate with the
Agency in the implementation of New York State Executive Law Article 15-A and the
regulations promulgated thereunder. These requirements include equal employment
opportunities for minority group members and women ("EEO") and contracting opportunities for
New York State-certified minority and women-owned business enterprises ("MWBEs"). The
Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part
of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the
nondiscrimination provisions required by New York State Executive Law Article 15 (the
"Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that
the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms
certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the
directory of New York State Certified MWBEs found at the following internet address:
https:Hny.newnycontracts.com/FrontEnd/VendorSearchPublic.asR.
c. Failure to comply with all of the requirements herein may result in a finding of non-
responsiveness, non-responsibility and/or a breach of contract, leading to the assessment of
liquidated damages pursuant to Section M(7) of this Attachment and such other remedies as are
available to the Agency pursuant to the Contract and applicable law.
2. Contract Goals
a. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE
participation. The specific percentages for the New York State-certified Minority-Owned
Business Enterprises ("MBE") participation and the New York State-certified Women-Owned
Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set
forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs.
b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving
the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference
the directory of New York State Certified MWBEs found at the following internet address:
https:Hny.newnycontracts.com/FrontEndNendorSearchPublic.aW.
Additionally, the Contractor is encouraged to contact the Division of Minority and Women's
Business Development at (212) 803-2414 to discuss additional methods of maximizing
participation by MWBEs on the Contract.
,c. The Contractor understands that only sums paid to MWBEs for the performance of a
commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied
towards the achievement of the applicable MWBE participation goal. The portion of a contract
Contract Number: #C 1000970
Page 7 of 20,Attachment A-1 —Program Specific Terms and Conditions
with an MWBE serving as a broker that shall be deemed to represent the commercially useful
function performed by the MWBE shall be 25 percent of the total value of the broker's contract.
FOR CONSTRUCTION CONTRACTS—The portion of a contract with an MWBE serving as a
supplier that shall be deemed to represent the commercially useful function performed by the
MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract
with an MWBE serving as a broker that shall be deemed to represent the commercially useful
function performed by the MWBE shall be the monetary value for fees, or the markup
percentage, charged by the MWBE.
d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide
meaningful participation by MWBEs as subcontractors and suppliers in the performance of the
Contract. Such documentation shall include, but not necessarily be limited to:
1) Evidence of outreach to MWBEs;
2) Any responses by MWBEs to the Contractor's outreach;
3) Copies of advertisements for participation by MWBEs in appropriate general circulation,
trade, and minority or women-oriented publications;
4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the
Agency with MWBEs; and,
5) Information describing specific steps undertaken by the Contractor to reasonably structure
the Contract scope of work to maximize opportunities for MWBE participation.
3. Equal Employment Opportunity("EEO")
a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations
promulgated thereunder pertaining to equal employment opportunities for minority group
members and women shall apply to the Contract.
b. In performing the Contract,the Contractor shall:
1) Ensure that each contractor and subcontractor performing work on the Contract shall
undertake or continue existing EEO programs 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. For these purposes, EEO
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 Contractor shall submit an EEO policy statement to the Agency within seventy two (72)
hours after the date of the notice by Agency to award the Contract to the Contractor.
3) If the Contractor, or any of the subcontractors does not have an existing EEO policy
statement, the Agency may require the Contractor or subcontractor to adopt a model
statement (see Form A - Minority and Women-Owned Business Enterprises Equal
Employment Opportunity Policy Statement).
Contract Number: #C1000970
Page 8 of 20,Attachment A-1 —Program Specific Terms and Conditions
4) The Contractor's EEO policy statement shall include the following language:
a) The Contractor 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 EEO programs 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 work force.
b) The Contractor shall state in all solicitations or advertisements for employees that, in the
performance of the contract, all qualified applicants will be afforded equal employment
opportunities without discrimination because of race, creed, color, national origin, sex,
age, disability or marital status.
c) The 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 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 the Contractor's obligations herein.
d) The Contractor will include the provisions of Subdivisions (a) through (c) of this
Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions
of the Human Rights Law, 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 Contract.
c. Form B - Staffing Plan
If the total expenditure of this contract is in excess of$250,000,the following provision shall apply:
The Contractor shall submit a staffing plan to document the composition of the proposed workforce
to be utilized in the performance of the Contract by the specified categories listed, including ethnic
background, gender, and Federal occupational categories. The Contractor shall complete the
Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by
the Department of State.
d. Form C - Workforce Utilization Report
1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its
subcontractors to submit a Workforce Utilization Report, in such form as shall be required by
the Agency on a monthly basis for construction contracts, and on a quarterly basis for all
other contracts, during the term of the Contract.
2) Separate forms shall be completed by the Contractor and any subcontractors performing
work on the Contract.
3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all
other State and Federal statutory and constitutional non-discrimination provisions. The
Contract Number: #C1000970
Page 9 of 20,Attachment A-1 —Program Specific Terms and Conditions
Contractor and its 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.
4. MWBE Utilization Plan
a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization
Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the
Department of State through the New York State Contract System ("NYSCS"), which can be
viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may arrange to
provide such evidence via a non-electronic method to the Department of State, either prior to, or
at the time of,the execution of the contract.
b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the
Contract.
c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization
Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such
a material breach, the Agency shall be entitled to any remedy provided herein, including but not
limited to,a finding that the Contractor is non-responsive.
5. Waivers
a. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals
stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non-
electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request
must be supported by evidence of the Contractor's good faith efforts to achieve the maximum
feasible MWBE participation towards the applicable MWBE Contract Goals. If the
documentation included with the waiver request is complete, the Agency shall evaluate the
request and issue a written notice of approval or denial within twenty (20) business days of
receipt.
b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE Contractor
Compliance Reports described in Section 6, or any other relevant information, determines that
the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver
has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency
to the Contractor. The Contractor must respond to the notice of deficiency within seven (7)
business days of receipt. Such response may include a request for partial or total waiver of
MWBE Contract Goals.
6. Quarterly MWBE Contractor Compliance Report.
The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F)to
the Agency by the 10`x' day following each end of quarter over the term of the Contract documenting
the progress made towards achievement of the MWBE goals of the Contract.
The Agency may require the Contractor to use the NYSCS to submit utilization plans, record
payments to subcontractors and otherwise report compliance with the provisions of Article 15-A of
Contract Number: #C 1000970
Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions
the Executive Law and regulations. Technical assistance can be obtained through the NYSCS
website at https:Hny.newnycontracts.com by clicking on the"Contact Us& Support" link.
Questions regarding this program should be directed to the Department's Minority and Women-
owned Business Program by calling (518) 473-3401. Potential contractors can access the NYS
Directory of Certified Minority and Women-owned Business Enterprises on-line through the Empire
State Development website at https:Hny.newnycontracts.com/FrontEndNendorSearchPublic.asp.
The Department makes no representation with respect to the availability or capability of any
business listed in the Directory.
7. Liquidated Damages - MWBE Participation
a. Where the Agency determines that the Contractor is not in compliance with the requirements of
the Contract and the Contractor refuses to comply with such requirements, or if Contractor is
found to have willfully and intentionally failed to comply with the MWBE participation goals,
the Contractor shall be obligated to pay to the Agency liquidated damages.
b. Such liquidated damages shall be calculated as an amount equaling the difference between:
1) All sums identified for payment to MWBEs had the Contractor achieved the contractual
MWBE goals; and
2) All sums actually paid to MWBEs for work performed or materials supplied under the
Contract.
c. In the event a determination has been made which requires the payment of liquidated damages
and such identified sums have not been withheld by the Agency, the Contractor shall pay such
liquidated damages to the Agency within sixty (60) days after they are assessed. Provided,
however, that if the Contractor has filed a complaint with the Director of the Division of
Minority and Women's Business Development pursuant to 5 NYCRR § 142.12, liquidated
damages shall be payable only in the event of a determination adverse to the Contractor
following the complaint process.
N. Service-Disabled Veteran-Owned Businesses Participation
Article 17-B of the Executive Law, enacted in 2014, authorized the creation of the Division of Service-
Disabled Veterans' Business Development to promote participation of Service-Disabled Veteran-Owned
Businesses (SDVOBs) in New York State contracting. The Service-Disabled Veteran-Owned Business
Act recognizes the veterans' service to and sacrifice for our nation, declares that it is New York State's
public policy to promote and encourage the continuing economic development of service-disabled
veteran-owned businesses, and allows eligible Veteran business owners to become certified as a New
York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation
in New York State's contracting opportunities. To this effect, the Department of State (DOS) has
implemented a Veteran-Owned Businesses (SDVOB) Program, as mandated by Article 17-B.
To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages
grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the
purchasing of commodities, services and technology in the performance of their contracts with the
Department. If SDVOB utilization is obtained, a quarterly SDVOB utilization report should be
Contract Number: #C1000970
Page I 1 of 20, Attachment A-1 —Program Specific Terms and Conditions
submitted to the Department with information of the utilization percentage achieved during that quarter.
Contractor Reporting Forms are found at: https:Hogs_ny.govNeterans/.
i The Division of Service-Disabled Veterans' Business Development(DSDVBD) is housed within the
I New York State Office of General Services(OGS),and maintains a directory of the NYS Certified
SDVOBs. For assistance with engaging SDVOB vendors in your contracts, please contact the Division
of Service-Disabled Veterans' Business Development at the following email address:
VeteransDevelopment(a)ogs.ny g_ov,or the DOS Division of Affirmative Action Programs—SDVOB
Program at Maria.Hermanna dos.n .gov or Api.Ohouot7a dos.ny.gov. The directory of certified SDVOB
vendors can be found at: https://ogs.ny.govNeterans/Docs/CertifiedNYS SDVOB.pd
Contract Number: #C1000970
Page 12 of 20,Attachment A-1 —Program Specific Terms and Conditions
Il. Program Specific Clauses (revised 7/1/14)
A. This Agreement has been entered into pursuant to the following understandings:
I
1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for
the State share of the cost of approved local waterfront revitalization projects as defined in the Act.
2. The Department of State (Department) is authorized by such Act to evaluate and determine
eligibility of applications for funding of projects.
3. Based upon information, representations and certifications contained in Contractor's application for
funding, including the Program Work Plan as set forth in Attachment C, the Department has made a
determination of eligibility of funding for Contractor's project under such Act.
4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program
Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the
Environmental Protection Fund Act.
5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred
under this Agreement, on an interim basis, and each such payment request will be processed by the
Department in accordance with relevant provisions set forth herein, together with the following
terms:
a. The Department, upon approving each payment request, shall make an interim payment for
eligible and supportable costs incurred by the Contractor.
b. The final payment request will not be processed by the Department prior to satisfactory
completion of the Project.
c. The Department can withhold the final 10% of the total amount that may be funded by the State
in accordance with this Agreement, until the satisfactory completion of the Project.
6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such
liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal
year, 2) the Department determines that it is in the best interest of the Department and the State to
provide additional time to complete the Project and 3) an extension agreement is approved in
accordance with Section IA. of the Agreement.
7. Subject to the availability of funds, determination by the Department that it is in the best interest of
the State, and upon mutual written consent of the parties, the State may provide a no-cost time
extension for up to two contract periods not to exceed twelve months each. The parties shall revise
or complete the appropriate appendix form(s), which may be subject to approval of the Office of the
State Comptroller.
8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund
its portion of the cost of the Project.
9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a
final Project Status Report on forms prescribed by the Department.
Contract Number: #C1000970
Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions
10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a
semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30
days following the end of each reporting period.
B. Additional Requirements for Construction Projects
I
1. Project design, including preparation of final plans and specifications, and supervision of
construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the
State of New York. The Contractor shall submit final plans and specifications to the Department for
its acceptance before initiating construction work or, if the Contractor intends to subcontract for
construction work, before the work is advertised for bidding. No change to project plans may be
made without the prior written approval of the Department. The Contractor shall also be responsible
for erecting a project sign satisfactory to the Department identifying the Project. The project sign
shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement.
Upon completion of the Project, the Contractor shall submit to the Department a proper certification
from a licensed architect or engineer.
2. The State shall make periodic inspections of the project both during its implementation and after its
completion to ensure compliance with this Agreement. The Contractor shall allow the State
unrestricted access to work during the preparation and progress of the work, and provide for such
access and inspection by the State in all construction contracts relating to the project.
3. The Contractor shall be responsible for ensuring that the project is designed and constructed in
conformance with the Uniform Federal Accessibility Standards(UFAS - Appendix A to 41 CRF part
101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of
Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a
particular design/construction requirement, the one providing for the greatest degree of
accommodation for the disabled shall apply.
C. Reports, Documents and Maps
The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in
part under this Agreement by endorsing on said documents, reports, and maps the following:
"This (document, report, map, etc.) was prepared with funding provided by the New York State
Department of State under Title 11 of the Environmental Protection Fund."
D. Contractors Insurance Requirements
1. Prior to the commencement of the work, the Contractor shall file with the Department of State,
Certificates of Insurance evidencing compliance with all requirements contained in this Agreement.
Such certificate shall be of form and substance acceptable to the Department.
2. Acceptance and/or approval by the Department does not and shall not be construed to relieve
Contractor of any obligations, responsibilities or liabilities under the Agreement.
3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the
Contractor; shall be maintained with insurance carriers licensed to do business in New York State;
shall be primary and non-contributing to any insurance or self insurance maintained by the
Department; shall be endorsed to provide written notice be given to the Department, at least thirty
Contract Number: #C1000970
Page 14 of 20,Attachment A-1 —Program Specific Terms and Conditions
(30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice,
evidenced by return receipt of United States Certified Mail which shall be sent to New York State
Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231-
0001; and shall name the People of the State of New York and their directors officers, agents, and
employees as additional insured thereunder.
4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies
are subject.
5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's
Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the
insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to
the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance
Report.
6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement
and to remain in full force and effect throughout the term of this Agreement and as further required
by this Agreement. The Contractor shall not take any action, or omit to take any action that would
suspend or invalidate any of the required coverages during the period of time such coverages are
required to be in effect.
7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply
the Department updated replacement Certificates of Insurance, and amendatory endorsements.
8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as
otherwise required by this Agreement, obtain and maintain in full force and effect the following
insurance with limits not less than those described below and as required by the terms of this
Agreement, or as required by law, whichever is greater (limits may be provided through a
combination of primary and umbrella/excess policies). Where Contractor is self-insured, the
Contractor shall provide suitable evidence of such to the Department relating to the risks and
coverage amounts as provided hereunder.
a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence.
Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00
01, or a substitute form providing equivalent coverages and shall cover liability arising from
premises operations, independent contractors, products-completed operations, broad form
property damage, personal & advertising injury, owners & contractors protective, cross liability
coverage, liability assumed in a contract (including the tort liability of another assumed in a
contract) and explosion, collapse & underground coverage.
1) If such insurance contains an aggregate limit, it shall apply separately to this location.
2) Products and Completed Operations coverage shall include a provision that coverage will
extend for a period of at least twelve (12) months from the date of final completion and
acceptance by the owner of all of contractors work.
b. Where the Project described in Attachment C includes the construction of any structure or
building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the
total project cost.
Contract Number: #C1000970
Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions
c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York
State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers'
Compensation Act endorsement.
d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each
accident. Such insurance shall cover liability arising out of any automobile including owned,
leased, hired and non owned automobiles.
e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special
Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss
or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of
their agents and employees, staging towers and forms, and property of the Department held in
their care, custody and/or control.
f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the
Contractor.
9. Professional consultants retained by the Contractor in connection with the Project shall show
evidence of professional liability insurance with limits no less than $1,000,000.
E. Contractor Property Interest
Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the
Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use
and possession for the purposes of construction and operation for the estimated life of the Project.
Contractor further acknowledges that where such project is undertaken on or involves the use of lands for
active or passive recreational use, it is a material term of this Agreement that such lands shall be available
for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit
access or discriminate on the operation of the facilities against any person on the basis of place of residence,
race, creed,color, national origin, sex, age, disability or marital status.
F. Date/Time Warranty
1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in
accordance with the product documentation, be able to accurately process date/time data (including,
but not limited to, calculating, comparing, and sequencing) transitions, including leap year
calculations. Where a Contractor proposes or an acquisition requires that specific products must
perform as a package or system, this warranty shall apply to the products as a system.
2. Where Contractor is providing ongoing services, including but not limited to: i) consulting,
integration, code or data conversion, ii) maintenance or support services, iii) data entry or
processing, or iv) contract administration services (e.g. billing, invoicing, claim processing),
Contractor warrants that services shall be provided in an accurate and timely manner without
interruption, failure or error due to the inaccuracy of Contractor's business operations in processing
date/time data (including, but not limited to, calculating, comparing, and sequencing) various
date/time transitions, including leap year calculations. Contractor shall be responsible for damages
resulting from any delays, errors or untimely performance resulting there from, including but not
limited to the failure or untimely performance of such services.
Contract Number: #C1000970
Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions
3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a)
ninety (90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty
term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights
or remedies otherwise available under this Contract for breach of warranty.
G. Fees
The Contractor may charge a reasonable fee for the use of any facility which is part of the project.
1. Except for the imposition of a differential fee schedule for non-residents of the municipality in
which the project is located, the establishment of any preferential user fee for any person or entity is
prohibited. Fees charged to non-residents shall not exceed twice those charged to residents.
2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot
exceed fees charged for residents at comparable State or local public facilities.
3. Reservation, membership or annual permit systems available to residents must also be available to
non-residents and the period of availability must be the same for both residents and non-residents.
H. Alienation
Where the project is undertaken on or involves parklands or public waterfront land, the following additional
provisions apply:
1. The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or
developed pursuant to this Agreement or convert such facility or any portion of the project to other than
public park or public waterfront purposes without the express authority of an act of the Legislature,
which shall provide for the substitution of other lands of equal fair market value and reasonably
equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other
requirements as shall be approved by State.
2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in
perpetuity. The Contractor shall not authorize the operation of the projLt, or any portion thereof, by
any other person, entity, or organization pursuant to any management agreement, lease or other
arrangement without first obtaining the written approval of the State.
I. Requirements for Contract GIS Products (1/17/13)
1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic
requirements must be adhered to by the Contractor:
a. Map Products and Supporting Data -- The Department requires delivery of digital map products,
including all associated GIS and/or CAD digital files. Such materials must meet the
specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the
ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally,
finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF).
If analog map products are required by the contract, they must meet specifications outlined in
this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL
DIGITAL-READY MAP PRODUCT REQUIREMENTS section.
Contract Number: #C 1000970
Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions
b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI
Shapefile or Geodatabase file format including all associated metadata on Recordable CD or
DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable
from an ftp site on the Internet. Alternatively, the digital products may be provided as
Arclnfo/GIS coverages or CAD files on the same media types upon approval of the Department.
All other digital formats require prior approval of the Department. Coordination with the
Department prior to submission of digital media is required to ensure compatibility of the
delivered materials.
c. Documentation -- A data dictionary must be included along with the map files describing file
contents and file names, as well as metadata for each file including map projection, horizontal
and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources
and dates, the map maker and date of preparation, and creation methodology. Data provided
under federal funds must be provided in a manner which meets Digital Geospatial Federal
Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April
11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data
Infrastructure".
d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy
Standards for horizontal and vertical accuracy as established by the United States Bureau of the
Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not
more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm)
out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of
40 feet. If by prior agreement with the Department the map product does not conform to National
Map Accuracy Standards, then a statement of actual map accuracy should be included in the
Documentation above. Furthermore, hydrographic surveys and maps should conform to
recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook,
1978, Melvin Ellis editor,U.S. Government Printing Office, Appendix 6.
e. Datums and Coordinate Systems-- All map products should be referenced to the North American
Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988
(NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at
scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger.
2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following
cartographic construction requirements must be adhered to by the Contractor:
a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with
adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features
must also be identical.
b. Common Boundaries -- All features that share a common boundary, regardless of map layer,
must have exactly the same coordinate position of that feature in all common layers.
c. Point Duplication --No duplication of points that occur within a data string is permitted.
d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All
confluences of line and polygon data must be exact; 'overshoots", "undershoots", "slivers", or
"offshoots" are NOT permitted.
Contract Number: #C1000970
Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions
e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from
straight lines to curvilinear elements must be smooth, with angular inflections at the point of
intersection. The digital representation must not contain extraneous data at a non visible level.
There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be
straight, should be digitized using only two points that represent the beginning and ending points
of the line.
f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly
(mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to
join at an actual confluence. All digitized features across map boundaries must be edited to effect
smooth and continuous lines.
g. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported
to a level of precision greater than one thousandth (.001) of a foot.
h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better
fordigital map registration.
3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large
scale, non-digital map products must be followed to facilitate the future conversion of the maps to
digital map products. All large format, non-digital map products must be provided on stable base
material at a scale. The map products must include an index map to all map sheets and thorough
descriptions of all the cartographic elements portrayed on the maps.
a. Base Map Media-- All maps must be created on mylar or other stable base material.
b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless
otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales
are approved by the Department,where possible they will conform to standard map scalessuch as
1:9600; 1:50,000; 1:75,000; or 1:100,000.
c. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior
ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be
geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT
quadrangle control ticks.
d. Map Title and Legend -- The maps must provide a title and legend block describing the
information contained on the maps, and including the Documentation and Datums information
requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale.
e. Cartographic Quality -- The quality of all map line work and symbolization must conform to
items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC
FILE REQUIREMENTS section outlined above.
4. CONTRACT DATABASE STANDARDS
a. Delivery Media -- All database and tabular files must be provided on digital media as specified
above in Deliverable Format.
Contract Number: #C1000970
Page 19 of 20, Attachment A-1 —Program Specific Terms and Conditions
b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or
Microsoft Access format. Other formats that are convertible to one of the aforementioned
formats may be used with prior approval of the Department.
c. Geographic Attributes -- Database and tabular files that contain elements with a geographic
reference must provide a corresponding data field and a geographic coordinate pair for each
feature location.
J. Notice of Public Proceedings
The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks
in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to
the Project.
K. Submission of all correspondence and documentation
1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the
required products in the following formats. All products and shall include the NYS contract number
as indicated on the Face Page of this Agreement and where applicable, reflect the task number it
relates to in Attachment C.
a. Draft products: two paper copies of each product must be submitted.
b. Final products: two paper copies of each product must be submitted. In addition all final
products (including reports, designs, maps, drawings, and plans) must be submitted as an
electronic copy (in Adobe® Acrobat® Portable Document Format - PDF), created using 300 dpi
scanning resolution,and be submitted on a labeled CD-R type CD. The CD must be labeled with
the contractor name, contract number, and project title.
c. Pictures and photographs must be dated and captioned with the location and a brief description
of the activity being documented.
2. Contractor agrees to provide the Department with original payment request documentation as
described in Attachment D.
L. Environmental Review
1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including
but not limited to, permit applications, environmental assessments, designs, plans, studies,
environmental impact statements, findings, and determinations, relating to the Project.
2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a
material term and condition of this Agreement. In no event shall any payments be made under this
Agreement until Contractor has provided the Department with appropriate documentation that
Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review
Act.
Contract Number: #C1000970
Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions
ATTACHMENT B-1 —EXPENDITURE BASED BUDGET
I
A. Salaries $48,597.00
B. Travel $0.00
C. Supplies $51,158.00
D. Equipment $800.00
E. Contractual Services $144,500.00
F. Other $245,055.00
TOTAL PROJECT COST $490,110.00
Total State Funds $245,055.00
Total Local Share $245,055.00
MWBE Goals:
State funds subject to MWBE goals $196,458.00
MBE Goal: 15% $29,468.70
WBE Goal: 15% $29,468.70
A. SALARIES (including fringe benefits —
Title Salary Amount Charged to Project
GIS Technician $91,183.00/year $12,167.60
Town Engineer $98,732.00/year $467.20
Stormwater Manager $92,163.00/year $74.50
Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36
Groundskeepers(4 employees) $50.61-54.13/hour $4,050.04
Executive Assistant $101,487.00/year $1,154.30
SUBTOTAL $48,597.00
B.TRAVEL
SUBTOTAL $0.00
C. SUPPLIES
Pedestrianbridge............................................................................ ...........$29,178.00
Lumber and associated hardware for boardwalks,observation blinds, kiosks,timber guard
rails.............................................................................................................$16,050.00
Safety supplies,work gloves,trash bags,and tools..........................................................$705.00
Crushed bluestone for parking areas........................................................................$5,000.00
Trail markers..................
....................................................................................$225.00
SUBTOTAL $51,158.00
D. EQUIPMENT
Apple iPad with rugged case to complete trail surveys and data collection
SUBTOTAL $800.00
E. CONTRACTUAL SERVICES
Testing of septic system and asbestos.............................................................................$1,650.00
Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6
Hampton Bays NY 11946 EIN#45-4353038
Remediation of septic system and asbestos...................................................................$20,448.50
Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7
Bohemia NY 11716 EIN# 11-3612196
Demolition of Sill House....................................................................................$60,833.40
Subcontractor: To be determined
Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80
Subcontractor: To be determined
Coordination of volunteer services and development of educational materials .....................$45,833.30
Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792
Southold,NY 11971 EIN# 136379135
SUBTOTAL $144,500.00
F. OTHER
Land acquisition of Sill Property. .. ....................................... ...........................................$242,555.00
Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers,
equipment,etc..................................................................................................................................$2,500.00
SUBTOTAL $245,055.00
i
ATTACHMENT C - WORK PLAN
Bay to Sound Trails Initiative Phase II
1. Project Description
The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails,
boardwalks, wildlife viewing areas,parking,kiosks,and educational materials within the project area including
a newly acquired open space parcel. Dilapidated structures and septic systems will be removed and the area
restored to a natural state. A section of Moore's Drain Creek will be day-lighted and restored for habitat and
fish passage. Clean-ups and citizen science opportunities will involve the public in stewardship.
Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport, and
Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic
Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of
the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and
Sound, restore habitat,remove invasive species,and create opportunities for passive and active public education
and stewardship of the environment. Expected results include new trails, boardwalks, observation blinds,new
and restored parking areas,restoration of the Sill House site,daylighting and habitat restoration at Moore's
Drain, educational kiosks,a new footbridge,maps of the expanded trail system (kiosk and online),
implementation of citizen science research and programs,and educational materials related to stormwater
management and the Peconic and Long Island Sound estuaries.
2. Project Attribution and Number of Copies
The Contractor must ensure that all materials printed,constructed,and/or produced acknowledge the
contributions of the New York Department of State(Department)to the project. The materials must include the
Department's logo and the following acknowledgment:
"This (document, report, map, etc.)was prepared with funding provided by the New York Department of
State under Title 11 of the Environmental Protection Fund."
The Contractor must submit to the Department all required products,clearly labeled with the NYS
Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task#
from this Work Plan. The Contractor shall submit:
• Draft products: two paper copies of each product.In addition, all draft products must be submitted as an
electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi
scanning resolution).
• Final products:two paper copies of each product. In addition,all final products(including reports,
designs,maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and
Adobe®Acrobat®Portable Document Format- PDF(created using 300 dpi scanning resolution)and be
submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, the
Departments contract#,and project title.
• Electronic data for all Geographic Information System-based mapping products must be included in
either ArcGIS format, or similar product acceptable to the Department,and comply with the
requirements for Contract GIS Products.
• Electronic data for all designs, drawings,and plans must be submitted in the original software that they
were created (such as CAD format or other similar product acceptable to the Department)as well as in
JPEG or GIF format.
• Pictures and photographs must be dated and captioned with the location and a brief description of the
activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or
GIF format or other similar product acceptable to the Department.
The contributions of the Department must also be acknowledged in community press releases and other notices
issued for the project, including web site postings and other forms of digital distribution. Project press releases
and other notices shall be submitted to the Department for review and approval prior to release,to ensure
appropriate attribution.
3. Compliance with Procurement Requirements
The municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing
to the Department that applicable provisions of General Municipal Law were fully complied with.
4. Project Components
Task 1: Project Initiation Meeting
The Contractor,the Department, project partners,and any other appropriate entities shall hold an initial
meeting to review the project scope,project requirements, roles and responsibilities of project partners,the
selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance
requirements, MWBE requirements,the number of public meetings and techniques for public involvement
proposed for the project,and any other information which would assist in project completion. In addition,
the composition of a project advisory committee shall be discussed during the project kick-off meeting. The
Contractor,or a designated project partner, shall prepare and distribute to all project partners a brief meeting
summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent
tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting
summary.
Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 2: Project Advisory Committee
The Contractor shall establish a project advisory committee to oversee all aspects of the project in
cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be
representative of project stakeholders including representatives of State, county,and municipal agencies
with jurisdiction over project activities or the project area and non-governmental and community based
organizations. A draft list of proposed members shall be circulated to the Department for review and
approval prior to establishment of the committee.
Products: Draft and final list of proposed members of project advisory committee. Project advisory
committee established.
Task 3: Request for Proposals
The Contractor shall draft Request for Proposals(RFP) for each of the four(4)services listed in E.
Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a
complete project description with site conditions,expected final results, a schedule for completion,MWBE
requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs
to the Department for review and approval prior to release for solicitation of proposals.
Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in
local papers,the New York State Contract Reporter,and other appropriate means.
Task 4: Subcontractor Selection and Compliance with Procurement Requirements
In consultation with the Department,the Contractor and an appropriate review committee shall review all
proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested
for use in evaluating consultant responses:
• Quality and completeness of the response;
• Understanding of the proposed scope of work;
• Applicability of proposed alternatives or enhancements to information requested;
• Cost-effectiveness of the proposal;
• Qualifications and relevant experience with respect to the tasks to be performed;
• Reputation among previous clients;
• Ability to complete all project tasks within the allotted time and budget; and,
• Ability to meet MWBE requirements.
Incomplete proposals that do not address all of the requested components should not be accepted for review
and consideration.
For preparation/certification of final designs and construction documents and for supervision of construction
a licensed professional engineer,architect,or landscape architect licensed to practice in New York State is
required.
The municipal attorney,chief legal officer, or financial administrator of the municipality shall certify in
writing to the Department that applicable provisions of General Municipal Law were fully complied with
for each subcontractor selected.
The Contractor's procurement record and subcontractor selection is subject to approval by the Department.
Products: Subcontractors selected and approved by the Department. Written certification of compliance
with procurement procedures.
Task 5: Subcontract Preparation and Execution
The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s).
The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate
stages of product completion,a payment schedule with payments tied to receipt of products, and project
costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name
and area of responsibility, firm expertise, and those professionals from the consultant team or consulting
firm that will be directly involved in specific project tasks including how the identified MWBE goals will be
satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the
subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C
of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan,
or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for
the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract
and Appendix A-1.
Products: Four(4)draft and final executed consultant subcontracts.
Task 6: Subcontractor Project Meeting
In consultation with the Department,the Contractor shall hold a second project meeting with each of the
subcontractors and other project partners,as appropriate,to review project requirements, site conditions, and
roles and responsibilities; identify new information needs and next steps; and transfer any information to the
consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and
distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting.
Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as
outlined in the meeting summary.
Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining
agreements/understandings reached.
Task 7: Final Design and Construction Documents
The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost
estimates for all construction components, including trails, boardwalks,observation blinds,and parking
areas. The final design and construction documents shall be provided to the Department and the project
advisory committee for review at least two weeks prior to the due date for comments. Final design and
construction documents are subject to approval by the Department. These documents must be certified by a
licensed professional engineer, architect,or landscape architect and the appropriate seal must be affixed to
these documents.
Products: Final design and construction documents,certified by a licensed professional engineer,architect
or landscape architect.
Task 8: Construction Requirement Analysis
The Contractor shall prepare an analysis of all federal, state, and local requirements for the trail including
necessary permits and approvals, and a description of how these requirements will be satisfied by the
design. This analysis shall be submitted to appropriate project partners and the Department for review. A
pre-permitting meeting with the Department and the identified federal, state and local entities may be
required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to
the Department approval of the construction requirement analysis and the pre-permitting meeting, if
necessary.
Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if
necessary.
Task 9: Environmental Quality Review
The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State
Environmental Quality Review Act(SEQRA)through determination of significance. If a positive
declaration is made, a Draft Environmental Impact Statement shall be prepared.
Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement.
Task 10: Permits and Approvals
After the final design and construction documents have been approved by the Department,the Contractor
shall prepare the necessary permits or other approval applications and obtain the required permits or
approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the
appropriate federal, state,and local regulatory authorities may be required to discuss the necessary permit or
other approval applications. Prior to filing,the Contractor or its consultant(s) shall submit all applications to
the Department for review and comment.
Potential permitting and approval agencies include but are not limited to:
• federal agencies such as the United States Army Corps of Engineers;
• the Department, pursuant to the consistency provisions of the federal Coastal Zone Management
Act;
• other New York State agencies such as the Department of Environmental Conservation;the Office
of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned
lands or waters overlying those lands;and the Office of Parks,Recreation, and Historic Preservation
or the State Historic Preservation Officer;and,
• agencies of Suffolk County, Southold Town, Greenport Village, or special purpose district, including
but not limited to:town boards, boards of trustees; planning commissions, boards or departments;
and/or building or health officials.
Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR
Part 502, "Floodplain Management Criteria For State Projects"by obtaining a floodplain development
permit, if local regulations establish such requirements,or by submitting a signed certification, by an official
authorized to enforce local floodplain management regulations,that the project complies with the
requirements of the statute.
Copies of all required permits and approvals shall be submitted to the Department upon receipt.
Products: All required permits and approvals received. Written certification of compliance with floodplain
management regulations, if applicable.
Task 11: Acquisition of Preserved Lands
The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will
be dedicated for permanent public access by expansion of the public trail system,through deed restriction,
easement or similar legal instrument. The Contractor will provide verification of the acquisition of the
property,dedication for public use,and value as determined through standard appraisal
practices. Documentation will be provided to the Department,including copies of the purchase agreement,
filed deed or easement, and an appraisal of the park property prepared by a certified appraiser.
The lands will be acquired through a Life Estate Tenancy Deed. Final ownership of the 1 acre property was
granted after the death of the owner in 2015. Under these circumstances,a new deed is not issued,but
instead a statement of death.The property will help connect two existing trails to create a larger trail loop.
Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR.
Task 12: Installation of Project Sign
Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department
identifying the Department's funding of the project. These signs will be installed at the existing
parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and
Pekunka properties. The project signs shall remain in place for the useful life of the improvements
undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive
low cost informational sign. A Sign Order Form is available upon request from the Department.
Products: Department approved sign design and photo-documentation that sign is installed in project area
at the start of construction.
Task 13: Construction of trails,boardwalks,observation blinds, and parking areas within the Project Area
After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin
construction work according to the final design and construction documents. The Contractor or its
subcontractor(s)shall notify the Department monthly (or more frequently) in writing of work progress,
including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment
requests to the Department tied to project milestones identified in contract and subcontract work plans or
during the project kick-off meeting. After 70%of the work is completed,the progress notification will
include a punch list of any incomplete items and an estimated schedule for project completion.
The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work
through periodic site inspections. The Contractor or its consultant(s) shall submit to the Department written
summaries of progress including photo documentation and identification of problems to be addressed based
on periodic site inspections.
The Contractor shall complete all necessary mowing,trimming, deadfall removal,and re-grading necessary
to complete approximately three miles of new trails and install the new trail markers at appropriate
locations.
Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone
base,timber guard rails, and informational kiosks.
Products: Written summary of periodic site visits including photo-documentation of all components and
identification of any problems that need to be addressed. Punch list and construction completion estimates.
Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed;
Parking areas created;Trail map
Task 14: Test& Remediate Contamination, Demolition of Sill House, and Site Restoration
The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination,
testing and removal of septic system,and subsequent demolition of Sill house. Restoration to a natural
state including seeding with native grasses.
Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during,
and after work will be provided as well as copies of all permits and remediation certificates.
Task 15: Moore's Drain Area Improvements at Skipper Horton Park
The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural
condition. Install premade aluminum footbridge.Reconstruct existing parking area and installation of
two(2)kiosks.
Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed
parking area. Photos of the areas before, during,and after work will be provided.All
maps/images/materials on the kiosks will be provided in JPEG and original design format.
Task 16: Trail Clean Up
The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage
dumping sites in the Silver Lake area,mapping of invasive species, mapping of trails,flora and fauna
surveys, monitoring of clean-up process,organization of volunteer clean up days, invasive species
removal,and planting of native species.The Apple iPad will be used by staff and volunteers in concert
with a Town developed App to assist with documentation of clean-up efforts and mapping of trails.
Products: Written reports on work accomplished tracking of volunteers and hours worked,planting
materials installed.
Task 17: Educational Materials and Citizen Science Projects
Several public outreach,stewardship,and citizen science projects will be developed in order to foster an
appreciation for the Bay to Sound Trails project including Village,Town,and County residents and
visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to
assist in conducting surveys.
Task 17A: Third Project Meeting
For designing and developing text for an interpretive program, including printed materials(brochures,
flyers, fact sheets, newsletters)and/or interpretive signs the following will be discussed at the third
project meeting with the Department and the project advisory committee. Subjects to be covered
include: the target audience; issues to be addressed; type of materials to be produced;subcontractors
needed(printer,graphic artist);number of items to be printed or signs constructed;distribution method
(utility bills,schools); or location of signs or kiosks;and,evaluative methods and materials(coupons,
surveys).
For designing and developing a curriculum and text for printed materials,subjects to be covered include:
the target population; overall theme;goals and objectives;subject areas to be covered; method of
presentation (classroom/laboratory sessions vs. field work/laboratory sessions); potential vehicles for
presenting information (printed matter,video and/or other visuals, interactive electronic learning
programs, laboratory/field work experiments,workshops, etc.); equipment purchases which may be
necessary; and,existing educational programs and publications which could be useful in developing
course content.
The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly
indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not
proceed prior to Department approval of the proposed approach as outlined in the meeting summary.
Products: Meeting held with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 1713: Research Existing Materials and Develop Concepts
The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain
permission to use these materials in this project. The Contractor or its consultant(s)shall develop
concepts for the visual and written messages of the proposed education, outreach,and/or interpretive
programs. Draft concepts shall be submitted to the Department for review and approval.
Products: Concepts for visual and written messages.
Task 17C: Develop Graphics Package
Based on comments received on the concepts for visual materials and text,the Contractor or its
consultant(s)shall compile a graphics package including text, color selections,maps,photographs, and
other elements for use in the education/outreach materials. A minimum of three layout options shall be
prepared unless otherwise specified during project kick-off meeting.
Products: Graphics package.
Task 17D: Hold Review and Revision Meeting
In consultation with the Department,the project advisory committee,and other project partners as
appropriate,the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts
and graphics package, and select a preferred layout option.
Products: Summary of meeting discussion and resulting recommendations.
Task 17E: Draft Text for Education/Outreach Materials
Based on recommendations obtained from the Department and the project advisory committee, the
Contractor or its consultant(s)shall prepare text for the education, outreach and/or other interpretive
materials, and submit them to the project advisory committee and the Department for review and
comment. The draft text is subject to review and approval by the Department.
Products: Draft text for interpretive materials.
Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials
The Contractor or its consultant(s)shall prepare final text and incorporate it into the preferred layout.
The final text and layout of these materials shall reflect the comments received from the advisory
committee and the Department during product review.
Products: Final text and layouts for all education, outreach, and interpretive materials.
Task 17G: Production of Education/Outreach Materials
According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate
and/or print and distribute all education,outreach and interpretive materials prepared for the
education/outreach program. Final materials are subject to review and approval by the Department prior
to distribution. The Contractor must ensure that all materials printed, fabricated, and/or produced
acknowledge the contributions of the Department to the project.
Products: Materials produced and distributed.
Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area. A copy of
maps, surveys,and public outreach materials created; photos of events, clean-ups, and restoration work.
All maps/images/materials on the kiosks in JPEG and original design format.
Task 17H: Conduct Public Outreach and Provide Citizen Science Programming
The Contractor will conduct public outreach and provide programming using the educational materials
developed in previous tasks. Programming will include guided trail hikes,tree identification workshops,
bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound
Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate
workshops,and breeding bird censuses.
Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities
described including type of outreach and programming and the number of citizens reached. Results from
citizen science surveys.
Task 18: MWBE Reporting
In accordance with Attachment A-1,Part I, Section M,Paragraph 6, Contractor shall be required to use the
New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown
of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of
Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement.
Contractor shall be required to submit utilization plans in paper format until such time as submission is
made available through the NYSCS and notification of such availability is provided to Contractor by the
State. Upon such notification by the Department,Contractor shall submit required utilization plans through
the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner
directed by the Department,the requirement of Attachment A-1, Part I, Section M,Paragraph 6 for paper
filing of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be
obtained through the NYSCS website at https:Hny.newnycontracts.com by clicking on the"Contact Us&
Support" link.
In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an
exception may be granted by the Department of State upon Contractor's written request and showing of
good cause to allow for paper reporting. If such an exception is granted by the Department of State, paper
reporting in a manner and form directed by the Department shall be required including but not limited to the
submission of Quarterly MWBE Contractor Compliance Report(Form F) forms in accordance with Section
M, Paragraph 6, of Attachment A-1.
Products: Ongoing reporting through NYSCS during the life of the contract.
Task 19: Project Status Reports
The Contractor or its consultant(s) shall submit project status reports semi-annually(every June 30 and
December 31)on the form provided, including a description of the work accomplished,the status of all
tasks in this work plan, schedule of completion of remaining tasks, and an explanation of any problems
encountered.
Products: Completed project status reports submitted to DOS during the life of the contract.
Task 20: Final Project Summary Report and Measurable Results forms
The Contractor or its consultant(s)shall work with the Department project manager to complete the Final
Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these
forms have been completed and filed with project deliverables.
Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS.
5. Project Responsibilities
The Contractor shall administer the grant,execute a contract with the Department,and ensure the completion of
work in accordance with the approved Work Plan and budget.
The Contractor:
• will be responsible for conducting all project work in conformance with the Work Plan included in the
executed contract with the Department.
• will be responsible for all project activities including drafting request for proposals and managing
subcontracts with consultants and sub consultants.
• will certify to the Department that the procurement record for project consultants and subcontractors
complies with the applicable provisions of General Municipal Law.
• will receive approval from the Department for any and all consultant subcontracts before beginning
project work.
• will be responsible for submission of all products and payment requests.
• will be responsible for coordinating participation and soliciting comments from local government
personnel,project volunteers,and the public.
• will keep the Department informed of all important meetings for the duration of this contract.
• will receive approval from the Department before purchase of any equipment.
• will secure all necessary permits and perform all required environmental reviews.
• will ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the
Department to the project.
• will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's
contract#as indicated on the Face Page of this contract.
• will ensure the project objectives are being achieved.
• will ensure that comments received from the Department and the project advisory committee, or other
advisory group, are satisfactorily responded to and reflected in subsequent work.
• will recognize that payments made to consultants or subcontractors covering work carried out or
products produced prior to receiving approval from the Department will not be reimbursed unless and
until the Department finds the work or products to be acceptable.
The Department:
• will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any
other subcontractor(s).
• will participate in project kick-off meeting and attend meetings that are important to the project.
• will review all draft and final products and provide comments as necessary to meet the objectives.
• must approve or disapprove any and all design, site plan,and preconstruction documents.Department
approval must be obtained before construction may begin.
ATTACHMENT D
PAYMENT AND REPORTING SCHEDULE
I. PAYMENT PROVISIONS
In full consideration of contract services to be performed the State Agency agrees to pay and the
contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments
shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which
is attached hereto.
A. Advance Payment and Recoupment Language (if applicable):
1. The State agency will make an advance payment to the Contractor, during the initial
period, in the amount of$0 (0% of the budget) as set forth in the most recently approved
applicable Attachment B form (Budget).
2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of
subsequent claims and such claims will be reduced until the advance is fully recovered
within the contract period.
3. Scheduled advance payments shall be due in accordance with an approved payment
schedule as follows:
Period: Amount: Due Date:
Period: Amount: Due Date:
Period: Amount: Due Date:
Period: Amount: Due Date:
B. Interim and/or Final Claims for Reimbursement
Claiming Schedule (select applicable frequency):
® Quarterly Reimbursement
Due Date: 3/31, 6/30, 9/30, 12/31
❑ Monthly Reimbursement
Due Date:
❑ Biannual Reimbursement
Due Date:
❑ Fee for Service Reimbursement
Due Date:
Contract Number: #C 1000970
Page 1 of 4,Attachment D—Payment and Reporting Schedule
❑ Rate Based Reimbursement
Due Date:
❑ Fifth Quarter Reimbursement
Due Date:
❑ Milestone/Performance Reimbursement
Due Date/Frequency:
❑ Scheduled Reimbursement
Due Date/Frequency:
II. REPORTING PROVISIONS
A. Expenditure-Based Reports (select the applicable report type):
❑ Narrative/Qualitative Report
The Contractor will submit, on a quarterly basis, not later than days from the
end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master
Contract.
E3 Statistical/Quantitative Report
The Contractor will submit, on a quarterly basis, not later than days from the
end of the quarter, the report described in Section III(G)(2)(a)(ii) of the Master
Contract.
® Expenditure Report
The Contractor will submit, on a quarterly basis, not later than 30 dans after the
end date for which reimbursement is being claimed, the report described in
Section III(G)(2)(a)(iii)of the Master Contract.
® Final Report
The Contractor will submit the final report as described in Section III(G)(2)(a)(iv)
of the Master Contract, no later than 60 days after the end of the contract period.
❑ Consolidated Fiscal Report(CFR)'
The Contractor will submit the CFR on an annual basis, in accordance with the
timeframes designated in the CFR manual. For New York City contractors, the
due date shall be May 1 of each year; for Upstate and Long Island contractors, the
due date shall be November 1 of each year.
'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism&
Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department,
consisting of schedules which,in different combinations,capture financial information for budgets,quarterly and/or mid-year claims,
an annual cost report,and a final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end
claiming document.
Contract Number: #C 1000970
Page 2 of 4, Attachment D—Payment and Reporting Schedule
i
i
B. Progress-Based Reports
1. Progress Reports
The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master
Contract in accordance with the forms and in the format provided by the State Agency,
summarizing the work performed during the contract period (see Table I below for the
annual schedule).
2. Final Progress Report
Final scheduled payment will not be due until 60 days after completion of the agency's
audit of the final expenditures report/documentation showing total grant expenses
submitted by vendor with its final invoice. Deadline for submission of the final report is
at project completion. The agency shall complete its audit and notify vendor of the
results no later than 60 days later. The Contractor shall submit the report not later than
60 days from the end of the contract.
C. Other Reports
The Contractor shall provide reports in accordance with the form, content and schedule as
set forth in Table 1.
Contract Number: #C 1000970
Page 3 of 4,Attachment D—Payment and Reporting Schedule
i
TABLE I—REPORTING SCHEDULE
PROGRESS REPORT PERIOD COVERED DUE DATE
Progress Report Start of contract through current 6/30*
(Project Status Form) date 12/31
*Due every year during the
contract period, as amended.
Contract Number: #C1000970
Page 4 of 4,Attachment D—Payment and Reporting Schedule
FORM B
STAFFING PLAN
Submit with Bid or Proposal—Instructions on page 2
Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's:
❑ Work force to be utilized on this contract
❑ Total work force
Offeror's Name: ❑ Offeror
❑ Subcontractor
Offeror's Address: Subcontractor's name
Enter the total number of em to ees for each classification in each of the EEO-Job Categories identified
Work force by Work force by
Gender Race/Ethnic Identification
EEO-Job Category Total Total Total Native
Work Male Female White Black Hispanic Asian American Disabled Veteran
force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F)
Officials/Administrators
Professionals
Technicians
Sales Workers
Office/Clerical
Craft Workers
Laborers
Service Workers
Temporary
/Apprentices
Totals
PREPARED BY(Signature): TELEPHONE NO.: DATE:
EMAIL ADDRESS:
NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal
General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of
the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or
subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force
to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall
complete this form for the contractor's and/or subcontractor's total work force.
Instructions for completing:
1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror.
2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor.
3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force.
4. Enter the total work force by EEO job category.
5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender'
6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification' Contact
the DOS Permissible contact(s) for the solicitation if you have any questions.
7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings.
8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes.
RACE/ETHNIC IDENTIFICATION
Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the
purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as
belonging. However, no person should be counted in more than one race/ethnic group.The race/ethnic categories for this surrey are,
• WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East.
• BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa.
• HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
• ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands.
ISLANDER
• NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal
AMERICAN/ALASKAN affiliation or community recognition.
NATIVE)
OTHER CATEGORIES
• DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies)
- has a record of such an impairment; or
- is regarded as having such an impairment.
• VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975.
• GENDER Male or Female
PROPOSAL REVIEW SHEET
Firm Name: Proposed Cost: $
s
valiiatioal Crit ria l ati�t
TECHNICAL PROPOSAL
Completeness of proposal in addressing the Scope of Work.
Technical expertise and professional qualifications of individuals who will have direct
involvement in the project.
RELEVANT EXPERIENCE
Experience with similar projects.
IMPLEMENTATION SCHEDULE
Ability to complete the project within the required time frame ( months).
COSTPROPOS
Projected project cost($ ).
TEAM COMPOSITION
Relevant experience of contractor related to project type
MBE/WBE participation
Additional Comments:
Reviewer: Date:
Ratings: 5-Outstanding,4-Very Good,3-Good,2-Fair,1-Poor
11:16 AM Brian V. Klug Landscaper, Inc.
11/28/18 Profit & Loss
Accrual Basis September 1 through November 28,2018
Sep 1 -Nov 28,18
Ordinary Income/Expense
Income
Construction 53,434.87
Interest 62.30
Total Income 53,497 17
Cost of Goods Sold
Dump fees 54.31
Materials&supplies 3,960.73
Subcontractors 5,400.00
Total COGS 9,415.04
Gross Profit 44,082.13
Expense
Books&Periodicals 55.00
Contributions 600.00
Equipment Rental 149.36
Gas&oil 2,392.55
Insurance 8,800.45
Medical 679.63
Office Supplies 166.09
Parking and Tolls 25.00
Payroll Expenses 10,499.84
Postage and Delivery 17.90
Taxes
Federal 3,701 78
State 1,298.61
Total Taxes 5,000.39
Telephone 236.93
Travel&Ent
Meals 244.89
Travel 1,193.05
Total Travel&Ent 1,437.94
Truck Equipment 799.59
Utilities 58473
Total Expense 31,445.40
Net Ordinary Income 12,636.73
Net Income 12,636.73
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