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Sill's Farm Building Demo
DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2023 Sills Farm Buildings Demo Bid Opening May 25, 2023 2:00 PM One (1) bid received Creative Builders Inc $ 362,160.00 47 Wheeler Avenue Staten Island, NY 10314 Adil Akbar 347-322-2538 Gatz Sitework&Landscape Construction Inc. 6477 Sound Avenue P.G.Box 104 Mattituek NY 11952 , Town of Southold "Demolition of the Sill's Farm Buildings" PROPOSAL PACKAGE BID OPENS: July 13, 2023 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 10 Gatz Sitework&Landscape ,Constriction Inc .:- iatz Sitework&Landscape Construction Inc. 6477 Sound Avenue .jou Sitework&Landscape Construction Inc. 6477 Sound Avenue 6477 Sound Avenue P.O.Box 104 P.O.Box 104 LIST P.O.Box 104 MOW& T* Mattituck NY 11952 Mattituck NY 11952 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. © Notarized Affidavit of Non-Collusion as required by NYS Law. ®_ A 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 You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. F2 Vendor Information Sheet and Address Record Form. ® Assumed Name Certification. ZLBidder'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 10 Gatz Sitework&Landscape Construction Imo. 6477 Sound Avenue P.O.Box 104 VENDOR NAME: I NY 119-52 VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 7-1 IF APPLICABLE: DATE FILED: Liz.\\S (--,A STATE FILED: Nom,, ©AS— If a non-publicly owned Corporation: CORPORATION NAME: �`2 LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE Cs emmmem®mmcommse®®®cmesmmee.mmommmmmaoemmaemeeemremoemmmemmmoe■eomsmrmmommmmmo\0emm If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: I _ VENDOR NAME: GOA--)- OA--)- ADDRESS: �`-�iii �e� `"^, �b a� \ zz� CONTACT: TELEPHONE:Cp S� �-�g'g— ���`� FAX: E-MAIL: 0- csc ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 10 Gatz Sitework&Landscape Construction Inc. 6477 Sound Avenue P.O.Box 104 VENDOR NAME: Mattitack.NY 11952 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 NAME: P� 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 S'T'ATEMENT 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 {t-ra�-\,0-' ;-�' DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. HORIZED SIGNATURE Proposal Package 5 of 10 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 perso gtg nder the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS ompany Position DAY OF 204�� � Type\Name&Company Position Company Name NOT RY PUBLIC Stacie Pollio.._ Dale Signed —� � [NOTARY PUBLIC,STATE OF NEW YORK p, Registration No. 01 P06046557 \ Qualified in Suffolk County Federal I.D.Number mission Expires August 14 Z�lo Proposal Package 6 of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDOR NAME: VENDOR ADDRESS: (d-t- ? Sol-3r\& \,YVN� V "� \ \ a-- TELEPHONE NUMBER. (z">k— 615�9— ?JWO FAX: 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.) 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 10 Demolition of the Sill's Farm Buildings 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 General Conditions&Mobilization jq,6J0 6D 1 , for ►At- I i A OV MJ paces S i9l bcv 00 , Dollars Cents no otp Temporary Access Road(Crushed Stone) ?r�' 03 2 10,400 for ► \ DoNtts "1 FFr vG CQ / �5 Dollars Cents SF'. 3 670 Erosion&Sediment Control r1 �r 0 0 for �1 Vt,rn DONIS -� f\O LtLF I l O V Dollars Cents Unclassified Excaava^tior�&Emba /ment ji D /� n 3o OHO O 0 4 1 for h1 4uL)S�`7`V� Q�l 0. s 1 �y 3O OW " 0 Dollars Cents ww oe nn 1 1�� f Cl/earin�&Grubpbing C �/� �Dr� O5 27,500 for ,K U L \{M "�'v' 7rL� /SF , Dollars Cents ^ Temporary Fencing //� I 29`0 00 6 750 for ��,\4."1L�` , 11 lWi J �O C? /LF O Dollars Cents Structures 1-3 Removal(including Foundation) OV 7 1 for \YnQ WmWA ;%Jl,4N CN a 14 Dollars I Cents V AL arm Silo Removal u t o oo 00 8 1 AQ /' VV��'W` V�l�JLLJ T IW /LS (00� �� for Dollars Cents Demolition of the Sill's Farm Buildings . 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 _ , Site Restorati � 9 1 for U`'cr ' ��� ��S�l.` W l "1 AD A 00 Dollars CentsLIjRRi �VA�+''� 4,{G Complian�* VY &-$ 1 &1060 oD [go I0M C� 10 1 (J ♦T1J�11�1/ for 46 rte- _ILS Dollars Cents TOTAL BASE BID Items(Add All Items) -Five u A a rc'A f�,�.� -�'1�1�V sit d - WD h vq Dollars Cents Q j,,/h - � Q PA (Numerically) WRITTEN IN WORDS T( A K 'l m Construction M t Access Roadd ALT#1 7,400 for oa O 60 60 % VID CeA ISFbk Dollars Cents 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. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTYOF �C t���� ) ss.: On the �-�day of cJJ"`f in the year 2023 before me, the undersigned, personally appeared, '�e,,,.,,, personally known to me or 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. NOTARY PUBLIC . Stacie Pollio' — NOTARY PUBLIC,STATE OF NEW YORK Registration No. 01 PO6046557 Qualified in Suffolk County Commission Expires August 14 Proposal Package 10 of 10 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 tointerrogatorieshereinafter made. SUBMITTED BY: A Co oration G,prk-,- �� �� C�—\k,_, A Partnership or Entity FIRM NAME: C-Q,-, An Individual PRINCIPAL OFFI E: PRINCIPAL OFFICERS: BACKGROUND TITL_lE NAME ADDRESS PROFESSIO`N/TRADE N'i I k7co 1. How many years has your organization been in business under its present business name? �J � l �7 2. You normally perform what,percent of the work with your own forces'? TO % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you?JP 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. Chi � `3�`2a z l \��•(\� �J 1(�-c.�� �7 �p.,�Gt.,� c%'� l�\��Z"Z,Z �- 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. N-10 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 Completion _esAS 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Tele hone# Amount Completion % of Work QS-2 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 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the ContractTime? � 10. Bank References: ��_ 11. Trade Association Membership: U C""-\ 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 ofthe \� S investigation? (3,n ``�`11P--t - �-,,-'ate-� �--'`� C�s���' '���,L'i..c�z.�a-Z,c.E�-c.�'•`� �,q.�l ci-p/lL. QS-3 J 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 ����- ) COUNTY OF being duly sworn deposes and says that he is the�N-+:_Q���� of C-1— � � ���„_� �"`"`contractor and that answers to the foregoing questions and all statements therein contained are true and correct. re of person who signed bid) Sworn to before me this L13 day of 12023 Notary Public Commission Expiration Date: Stacie Pollio NOTARY PUBLIC,STATE OF NEW YORK Registration No. 01P06046557 Qualified in Suffolk County Commission Expires August 14 QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Twenty-Three by and between the Town of Southold, party of the first part (hereinafter called the Owner), and part' of the second part (hereinafter called Contractor). 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 Demolition of the Sill's Farm Buildings AS DESCRIBED IN THE Contract Documents made and prepared 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), Perf�anee Befi¢, 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. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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(§) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC A-3 LABORERS LOCAL UNION NO.1298 JOINT APPRENTICESHIP TRAINING FUND NASSAU & SUFFOLK COUNTIES 1161 LOCUST AVENUE BOHEMIA,N.Y.11716 Telephone:(631)218-1376 Fax:(631)218-1379 Fund Administrator BOARD OF TRUSTEES ANNALISA C.DEFALco,ESQ. GEORGE F.TRUICKO JR. GEORGE S.TRUICKO Training Director FRANK DAMIANO JR. STEVEN M.AURIGEMA JAMES WINSHIP DONNA DEFEDE-. PHILIP BEYER JASON GOLDEN MARC HERBST Re: Road and Heavy Construction Laborers L.'ocal #1298 Local 1298 Joint Apprenticeship Training P6pgram NYS SPONSOR CODE # 01764 NYS ATP CODE # 18514 July 7, 2023 Owner Town of Southold Bid Number Description Demolition of the Sil's Farm Building TO WHOM IT MAY CONCERN: This letter will serve to confirm that Local 1298 Joint Apprenticeship Training Program currently conducts a fully registered and approved New York State "Apprenticeship Training Program for Skilled Construction Craft Laborers" . ("ATP'D. The ATP is co-sponsored by Local 1298 and all employers/signatory contractors, including but not limited to Gatz Sitework and Landscape Construction Inc., to the Local 1298 Working Agreement Covering Wages and Working Conditions, dated June 1, 2022 to May 31, 2026. Any additional questions should be directed to my attention. Sincerely, Frank Schweizer C Laborers Local 1298 JATF ACo 07/07/2023/® CERTIFICATE OF LIABILITY INSURANCE DATE(MY) , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Debra Simicich NAME: Roy H Reeve Agency,Inc. A/CNN Ext: (631)298-4700 tic No): (631)298-3850 PO Box 54 E-MAIL ADDRESS: dsimicich@royreeve.com 13400 Main Road INSURER(S)AFFORDING COVERAGE NAIC# Mattituck NY 11952 INSURERA: Transportation Insurance Co 20494 INSURED INSURER B: Continental Insurance Co. 35289 _ Getz Sitework and Landscape Construction Inc. INSURER C: Amtrust Insurance Company 15954 PO BOX 104 INSURER D: INSURER E: Mattituck NY 11952 INSURER F: COVERAGES CERTIFICATE NUMBER: CL22122018272 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ 100,000 CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ X Contractual MED EXP(Any one person) $ 15,000 A 4026956951 02/26/2023 02/26/2024 PERSONAL BADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY JECTT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 4026956965 02/26/2023 02/26/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 -- B EXCESS LIAB CLAIMS-MADE 4026956979 02/26/2023 02/26/2024 AGGREGATE $ 10,000,000 DED I X1 RETENTION$ 101000 $ WORKERS COMPENSATION SPER OTH- AND EMPLOYERS'LIABILITY Y/N TATUTE ER 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N/A KWC1303123 01/0 2023 01/01/2024 E.LEACHACCIDENT $ OFFICER/MEMBMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space is required) Demolition of the Sill's Farm Buildings General Liability:Town of Southold is included as additional insureds with respect to General Liability as per the terms and conditions of form CNA75079 Blanket Additional Insured-Owners,Lessees or Contractors-with Products Completed Operations Coverage as required by written contract and coverage is primary and non-contributory as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road AUTHORIZED REPRESENTATIVE Southold NY 11971 `. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00017926 yam, LOC#: A000, ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Roy H Reeve Agency,Inc. Getz Sitework and Landscape Construction Inc. POLICY NUMBER CARRIER NAIC CODE -+ EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Blanket Waiver of Subrogation included on General Liability policy per the terms and conditions of form CNA74706 Contractors General Liability Extension Endorsement as required by written contract Automobile: Town of Southold is included as additional insureds on above automobile policy as per the terms and conditions of form CA2048 -Designated Insured Blanket as required by written contract.Blanket Waiver of Subrogation included on Auto policy as per the terms and conditions of form CA0444 Waiver of Transfer of Rights of Recovery Against Others as required by written contract. As per the terms and conditions of form CNA71527 Additional Insured Primary and Non-contributory coverage is primary and non-contributory as required by written contract. Umbrella policy: Form CNA75504XX CNA PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY Primary and non-contributory coverage is included as required by written contract. Waiver of subrogation included as required by written contract Umbrella policy is follow form ACORD 101(2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i Lac i �,�litiL.N i��o E��A1'EOFOF timer Sabosi9� KAMO EW- 14901 dr Z �d�ristd�YadcB�e as p�*� �lsfivs�! i �tlMeoi�iM�+���!�'�•ii asM'�filt fsr�ar rye. � y r Y j } r'Y f ,t i POPI of-2 NYS .of Cwpwation ma inswoodw bis drwbm isnot ,J a 196201% 9�di+�lod. a�s��io�iaa • CMMW Xm ft Nmmm QATZM78WOMA34D colla— MAM. 8.mmik 178196 bwa MORS ON XJLY 10.2964 #1Zkl�OR.TG NEW T* 1G blur Dt 'lic OtO6tATJD ftll= S6laeipd F �Riiio�r moa mwp: jfml sit-, dVie.i"�t .■ ►) GATZ AND. ca x c tate. lac W$ ' 1ytw���r�t{o®t�.119d! cbwz=..In amw aAoau�.�sc�rz 6477 9oc AV= MATT rEUCZ N v TOM 11952 P 'l to.t r e U AND r cTm DIC 6477A . i I i j I I I I . a ==jog irwwrwwirw�w =WWI CMT WATE OF A °jam e j OFTM M iii$�r�'►3 ii OF.DiCORi' IION OF Q^Irz ;l AWW radmefffAMofd+polift ieatimggp@s mvidk*v FOO in . JULY d^ r i file '� � • � l�isai!�s�iiw� da.m&Isis, 45 spud-mdffidb of i�oe�odio��acc�oa�i�daed,e��biet�► . • +8e�et�esrMs . 200 pwvd s 100 aw AM 1;207 Aewt "=- STEW=TE AM �► l��aA�tb�a t�ied+�irs-tit ;�e�E+�fv�irs.!�iI� s �c�s�L. Yta�Ic S1�1aesaato c � :Pcx1Ii . 8� • I f ' I I GArM I . & ��� i 1Kay 24, 2017 Iz:teTaal Rev=Ue SOXvice Cjnc =&atI OR 45999 i Re: maml i Please be.advised that Gats L&=bwapjIW Inc. h" . :Lt** oozporate :na:o�r t:o Gats Sitwork .and LaadeCPPO C=M*tXuQtAANi Zac. The *Mo wage filed with the •State*of Now York .ib offfectivwon of April' 18, 2017. The MW10yer IrLatification .fit - s^�s3ns 12.-2053. All. futUm. CospOrate., Payroll and exc3si taxes Will be failed as Gatt S;tewock and landscape Canxtzuctiaa Inc. if any .aEddit ,veal information is rogUimd Please us at your earliest caoaeleaiomm. Zy' ne .Satz est*rk a Landscape Coa�etructia� ' I1Ni1A■(cii wkaf - . a � urs . of �.:..,°. �w�rra.a�wr...r e�►zza er AAWIft-LANDWAM arc. ea7SOUN w�'rttt� lis at ses�sM►��f , N. Y. S. DI MM14 OF STATE DXVIBICK OF JANWAIM STARS RBODPMS ALBA=, NY 12231-0:001 FILM •RBCBIFM assmrlaasa�axas'ass�ssasexasessssossaa=oasssssssa�ssssssassssws�sssssswalrssss =TITY BAS: GATZ SMUM jam L IMSCM INC. Docamm Wig: MMMMMIT (DMM=C BMWs) cam= am 88 FnM."/3.8/20i? c :130418000433 FM x:17041800 IS Fnm: jam ==I. M. .��,�a�moI .w '��ttAY P..O. 939s RIVROMM, NY 11901 A17 88 PM PVACWBI -------------------- • I r9saw. MOW: ----------------- •.•,��`y•_�I'�."'.`.y����•'•, i b` ... �==s � ,mss=:a�ssa:srasss'sssaeasas � : pe. . se c commmyt cow � s - FA ss w." . pugs 95.00 ---•--•- C:flQ IsZSd so-00 0:00 TAY 0., cm 0.00 95.00 COMM 10.00 ; o.ao 25.00 assalssssa,<sss:s - ---=a:aosafsssasaaar=----^-asssssassasass�csaaasa:s �s+3,0�3 C0�I�03} Gatz Skework&Landscape Construction Inc./Gatz Landscaping Inc 6477 Sound Avenue,P.O.Box 104,Mattituck AT 11952 B#631298-8877 Fax#631-298-2021 Work In Progress In 2022 2023 Port Washington Sousa Elementary—Subcontractor with Irwin Contracting Contact: Anthony Visconti Project Manager Phone: 631-434-8400 Scope of work: Sitework Contract Value: $114,000 50%complete as of January 2023 Approx.Completion Date:March 2023 Jericho Water District-Well 33 Pump Station-Subcontractor with Construction Consultants of LI Contact:Eric Baumack Phone: 631-727-6604 Scope of Work: Sitework,excavation,drainage,landscape restoration Contract Value:470,000 Due to start in Feb 2023 Approx.Completion Date:May 2023 Greenport School District-Subcontractor with Renu Contracting and Restoration Contact:Matthew S Phone: 631-842-1600 Scope of work: Sitework Contract Value: $297,574 60%complete as of January 2023 Approx.Completion Date:April 2023 Shoreham Wading River School District-Outdoor Learning Environments Project Gatz GC Contact:Park East Construction:Project Manager Richard Esposito Phone: 631-549-9800 Scope of work: Sitework and Landscape Reconstruction Contract Value: $446,000 90%complete as of January 2023 Approx.Completion Date:Feb 2023 -r7 S%j 9?Of-i" 40c.AAe»z'c"' Gat aww"&Lagoape COM&UCdOx Idea 607Sora Atraareq RQ Bax 104,JhMhwkNF119S2 B#631-2988877Fa*651298.2021 Gat Gayle ed SitOWN*I.wndrAve PFO From 20222012 PSEG Round Swamp Road Substation Project Gatz Gonad Contractor with POO Long Idamd LLC Contact John Eshar PSEG projectmaoager 631-SIS4866 Scoops:Latero restmu*9.land daub&instellation dphot mabaiels Contract Value:S1.116S,6s0.00 Camnpleted December 2022 Hempstead UFSD Demolition OfPastables CCU Genad C mftUw Contact:Park East Ce Mwtion Ptojeet MwMw Claey Gonedoz 6313499800 Contrast Value:$409.730.00 Comploted July 2022 Lindeohmat Libtay-Gala Subeootr'actor under Rena Contracting and Restondon Courts Matftw S. Phon#631.842.1600 Scope:Lame restoration Coubaat Value:279.960.00 C anpleted Decemnber2071 wet Llip Fire Diatrict . Getz General Contractor Aldan Group Project Manager Wayne Alden,Phmo 6313893599 Scope:Shwa* Contract value:SM.= Completed Deoember2022 Town of Huntington LskosMe Drive Rddnit wall . Getz Gametal Contractor soaps:ImBwh ion dRdaimimg well Contract Value:$438.733.00 Completed December 2022 Bayport BIw Point Lrbrary Gatz Gonad Contractor Canted:Pads East Construction Project Manager Gary Gommka 631-549-M Scope:sh work,demolition awavatian.derma Indscepe restoration • Contract Value:52,660,740.00 Half Hollow Hills Libaary Genal Coatcector:C@pobiamoo Inc.Midmal Meldrione Phomo 6S 1-207-0200 Scope:Landscap%l}l►dreaeea.installation dq=pavan Contract Value:$124,100.00 Completed January 2022 Lynbrook High school Genal Contractor:Patriot OrBpoimttaw Contract Mix SigBler Phow 631-320-1166 Scope:Siteviork,mon dam drainage Contract Vahw.$19"0.00 Completed February 2022 61778ow#dAmmu4 P.a Bums,mmkwkjamon B8 631298=8877 Fal*631298-2021 Cc=Wawm Water DIOM General Contractor:WJ NmftWp Camsmuf m Corp:Contact Zech DmnhW Mme 631.421-1168 Scope:Sit %wk and ataavW= Contract Value:$38,600.00 �p1-1-I February 207 Roslyn UFSD-Athledc Field Rw=su W=at Harbor Huls SdW8BS#IMM Cam BBS Architect dt Enigimeers PC Phow 631-475-M Scope of Wodc shework eora"Mm instanetiom of dorm pools Camtract Vd=9963,38200 Completed Mow 2021 Town of Islip AWmel shetoer Subcoatracmr for COLI Contact Ewa H CCU Phone:631-727-6M •Coubact Vabu:94921125.000 Completed Meech 2021 Town of Oyster Hay,Ldw Avemue CVM Bundie.GC SJ Hownb2g Comet Joseph Hoemiog Pbme 631.206.1676 Scope ofw&C shwmd6 wwwasim,drat = aomtam aontw CoubW Vabre:971,000 Completed Nov 2021. Half Hollow Hills Lam" Couto DwAd Cbm.Cs4p Coe*ucbm Phone:'914666-9423 Eat.102 Scope of Wo*..DamobUm of H&Honow Hina Lituaey Con>'lacd Value:$801,860.00 Completed AprU 2019 Sag Harbor UFSD,Stena Maris BlemaaU"-Reon Caftadmg and Redo rglon GC Contact Matthew ftMa"Phone 631842.1600 Scope of work:Silework and landscape reaW tiem Contract Valu:$318,207.00 ComplMd October 2019 Hm Pawlogae Penjectr 0C Triter Contact Ricberd Krill Phone:631-706.4097 Scope of work:.Shmork.WWscape ivat m ilom Contract Valu:12.219,590.00 Completed September 2019 Rivabeed CSD.WIM RmqWmn@W ConUW 2017/2018 C49M RM lac obab Rtvmh ad BmIdin &Grounds Phone.631384702 Scope:daorotidom,eaaavatlaa,dm bsee,8adb&900 e4° Value:$600,000.00 Cmpbftd J®e 2018 Poet WwWopn wens DW rict-BMW Hsi r stars ion Coefiaot:D dt B ED&OM do AmMicts: VwbAel Smveae Slybndmp ooma3raoloa Coatmat Vahm$129,726 Comnplebed Dec 2018 Port Washington UPSD-Gumabdm Spool-Irwin CaaMOUngOC Comtacu JC Irwin phm 6314344MM Seopo ofvm&Sitawodi6landscape.lawnremoradon Coanract Vahm 5325,000 80%anm olete as of Oct 2018 beat VaW CSD-B4 mMD 8lemsaaaffY Coutm HVA Aoddbecdr-Andow Lawnmw pie:631-75640M Scapa Si mat end landsoW om*ucdon Comsnat Vilna x420,864.00 10096 ooasplepe as of Out 2018 Town of Hine Mal Ave Pond RaNcrafin Conte Neh=Pape Evgbwm&SoevaYms- Joe Delnoa Phone.631-427 3665 scope:SBewark and UmbaPe comuaadon ConwA Vslaa SM703AO Camopleoed Avamt=18 Noethwell g .SyassANY—M Howell GC Coaiict SW Hawoll Robat Templaao Phome:,(516).921-7100 ext.106 . .Ve:l ctVal 1c S•i PSAC II,B:amx Naaft"Ca B-G Can=Nag&ookCcs-vubad TodaW pho w 914-7374403 Scapa:umva004 padba 140mV and bydm eeediag Vdw$768.000-00 Complabed May 2018 RWUhW CSD-Big Mdboad conmt HBs Awb oc w Jobn LOP ph=631.473-0349 veW,=mew. p�lotad=emom ,demotitta®,dramaHe, Y. co fta vdw$1,13UNAO C Vk"Septmgw 2018 SagHaborUFSD canto HHS AwbbWb-John Lamv Pbonc am.Ei -475-0349 gEmmmkin,dsa�fe'ooao'�6ociaQ'elecal�coaoboads , VW=634,970.00 Cam*Wmd Sept 2017 Mercedes Hemi.HrooVW Baetrmn CO*As cbm C1C Combat:Box==Cooke Aceocid6-Hitt Room pyre:212r265-2191 scope: coon+ ,wed re®ovat, vabrec s1,688,imoo C=Opdod AW 2017 NConMt:WS Axd tbeco-Jft Lomb phone:631.475-0389_ abe g ,baabee,V" bydro »Od "U . V" 2016 Ro*n W&W DWrlct-W*COUnW=OC Combos:Web Cosbuodon-Ridhod Muft Ptsa�e:516.739-8398 grape:ondit so work*Imam p 8; ; Vabw$220,667 100%Compbft Upt 2016 Riverhead CSD-B-&.p Sfinemctc CdverM NY Comber HHS Atabftcb-Jobn Lomgp Ph=631-473-OW Saw.shoo*ad ImWIC9%b" : Ccattraat Vatao:1,130,MQA crusted X 2017 SigHaboar UFSD . Cmg e0 BBS Aubbcts-John IMP phomc:631=4754349 Scope:lbwavidlm AV I go,comaGN6 gnoin&elecuW womebords VWwe:634y970A0 Comglabed Sept 2017 Mercedes IMM HfbOid►o-Bosman Codlm Associates W Canted:Basbmsn C.00lae Assooidw BM Robinson phoom 212-US-2191 Scope:=d ft bot camsbr db m,con m*med soU nmovel,dmaolidM aauxn►a6om, Value:$1,688,156.00 Comspled August 2017 Nw&sbmv FTo Solwol Camom BBS AvddUcta-John Low Pham.631.4754389 Scop. DamolESam,aoacaW*m,aadls,d N cite comoeeoe.sy�lt. . ° V w�and sell WA Comp*ud AWd2016 Ra*n Waxer Dbula Web Ccs OC Camteon Web Caa- tlaQ41lchod Mmbg ph9 316.739.8398 Omdful.sbe wczk&SkmM PkmftP Vein-$220,667 Com pleaed Sept 2016 VghV ofBest Hadkpomd • Combsct:VilLi/e of Best Hsmpbome-Jmse I�sber and MOoe B°'doee phomo:631-324-4150 Scapa Bxoev*%pdio&clean 46 •t rwi m,coed om valve:S96,369A0 ComnPkbed Sept 2016 Wyao&n*Hesd.Stu%Wye C °°SDUO GC Ca a=CoMsta=d m Comms. B&Bamwk phamo:631-504244 Scope;Grading,Pte&hY*'o WN&I Comptebod Mwch 2016 Rlvwbmd CSD'McKillop Pldd Cam Riverhead CSD-Matic PbMW Y p'ltome:631-3694702 � � ,� eed sod aliiblic IV radial, Valga:$330.M-00 Cam3plemed Jamnamy 2015 RW baad CSD44obiam Ina.OC Conlan cgx6k o Inc-Michael Maiddoma Phoaa:631207.0200 Soope:Gadim abmn np,tops4 PkMW634 soft Vabt 97,500.00 Completed Oct 2015 Plainview Old Bade CSD Cana=BBS Arditcm-John I.onSo Phone:631.4734349 SaoW RastodWM of baseball fields at Ekmemesrl►&MW&school Vabaa$325.341.00 Completed Sept 2015 Raadall'a JW=d MWG PMftWM -Prima pa ft C4Mp-GCC Cambay Prima Paving CazpZddd Iban pbmlc 516481.8700 Vabm:$405.28600 Co ggmd hw 2015 Bu*mt UFSD.web C mmaodan—OC C im t:web Ca uhmodow Rid M=U Mmc 516343-3978 saaW.& vaso%dramgA radb&1,b oomit 1 & Vabm$196,000 Camobod Sept 2014 Nman Cw=W Aq=do Ce w,-E dt A Raatoaation OC Conted Pen=B&A Raoocatian ins--Pater Iia PI 5169217030 seeps:D®m U&OO. Value-530000.00 Completed Sept 2014 V1'l w Sham+ ft R=odIWom Cam=Kub@ Vi7bbse of Hetet Phonier 631286-0327 ted atone filligg.naw bolls bead SCOW DemoM m Ofad balk head,ftabs a A° idea,plaatZnEe VabW.56011000.00 Completed May 2014 Heltpoct Golf Goatee Pbm 1 A 2-homP•VftP of Bellpomt Cemdaat:b=Mmated Vii W of BOUPW Phoma:631286.0327 Soaps:Wading,ply tqpsofl,m VabM 5489.000.00 Ca mp1god May 2014 Vit W ofoldPidd—Stoam waw/PofaxGWM Coad:Mqw Village of old Pied•Mi kd Levine P'bome:631-941-9412 Scope:Bacavada,dra9nW see wed;plaa&M WPwH Velwe-$229,700.00 Complad Sept 2013 Qld Mill Pad-Town of Idip-Bay Shore NY Caatut LK Min Amooiab w Cory Cmde Phony 631-2864668 Scope;DmwHdoa,clean-V of ooabamiOW w1%slmftg dam 8we1 and$boas t*-W-4 P ,hydro,seedic Vale:$08,000.00 10096 Complete Apra 2013 mookhaven Nedoasl Lob M and LOB pe+*cts-EW Howell GC Coat:EW Bnvsn-Mddhew Paladin . Phone:516-921-7100 coW ExogatiM blamloea and u Somft x"creel edging dieaae f g ate.Pte• ee'ad0A oa Vdae—1.087,650 10096 Complete Sept 2012 5 • s t� Gatz Sitework&Landscape Construction Inc. 6477 Sound Avenue,P.O.Boz 104,Mattituck NY 11952 B#-631-298-8877 Fax 631-2982021 List of Available Equipment as of April 2022 (1)70Z7 Kawasaki Wheel_lo4der,32,100 lb.,3.4 ay bucket,:1731F,Value: $125,000 (1)*80Z7TMV-2 Kawasaki Wheel loader 46,0501b.,4.8 cy.bucket,250 HP,Value: $150,000 (1)42ZV Kawaski Wheel.Loader,9,2501b.,.8cy bucket,46 HP,Value:$45,000 (1)TL12V2 Takeuchi Track Loader,13,190 lb.,Icy bucket,i 1 HP,Value: $55,000 (1)TL12V2-CRR Takeuchi Track Loader,12,5901b,84"27cf bicket,III HP,Value:$83,500 (1)TB260 Takeuchi Excavator,12,756 Ib.,.25 cy bucket,47.b HP,Value: $72,000 (1)2021 SK140SRLC-7 Kobleco Excavator 36"Rockland bucket,115HP Value: $170,000 (1)2022 AMI AXXIS Tilt Rotator with 64"Ditch Bucket Value$58,000 (1)* SK260SR Kobleco Excavator,59,300 Ib.,I cy bucket,100 HP,Value:115,000 (1)D39PM-24 Kamatsu Bulldozer,22,774 lb.,2.89 cy blo105 HP,Value: $145,000 (1)5300 John Deere Tractor,6,745 lb.,60 HP,Value:X18,000 (1)4600 John Deere Tractor,4300 Ib.,57 HP,Value: $1000 (1)4720 John Deere Tractor,4,700 lb.,48HP,Value: $24,100 (1)567 Peterbuilt 2018 Truck Tractor,34,200 lb.,480 HP,Value:$115,000 (1)Spec Tec 2016 Dump Trailer,30 cy capacity,Value:$65,000 (1)Kaufman 2018 Loy Boy Equipment Trailer,55 Ton,Value:$70,000 (1)Western Star/Finn 1998 Hydro seeder,3000 Gallon Capacity,Value: $30,000 (1)Interstate 2019 Equipment Trailer,14,000 Ib.'Capaieit$,Value:$7,000 (3)Turf Tiger,Skag Ride-on Lawn Mowers,Value: $15,000 (1)BW211D/4 Bomag Drum Roller,Value: $60,000 (1)450 Rotoscreen Material Screener,Value: $45,000 (1)DPU5545HE Wacker Vibratory Plate Compactor,Value: $5,000 (1)INSO48D KW Sod Installer 48"Self-Propelled,Value: $4;000 (1)3500 Chevrolet Pickup,4 Door,4 Wheel Drive,Value: $15,000 (1)4500 2021 Dodge Utility Truck-Crew Cabtwllft Knapheide body,4 Wheel Drive,Value:$98,000 (1)4500 2016 Dodge Utility Truck,Regular Cab,4 Wheel Drive,Value: $35,000 (1)5500 Dodge,6 Wheel Dump Truck,3 cy capacity,4 Wheel Drive,Value: $25,000 (1) 1500 Dodge Pickup,4 Door,4 Wheel Drive,Value: $40,000 (2)Protec 14ft Push Plows,Snow Removal,Value: $6,000 (1)Toro Walk Behind Snow Blower,Value:$1,000 (1)Ryan Jr Sod Cutter,Value:$6,000 (1)Berreto Rototiller,Walk Behind,Value: $2,000 (1)Mikasa Plate Compactor,Value:$1,500 (1)Harley 6'Power Rake,Value: $5,000 (1)Blecavator 8' Soil Prep Machine,Value: $2,000 (1)Rotodarion 5' Soil Prep Machine,Value$1,500 (1)Gandy 81Aerovator over seeder,400A-HP,Value: $4,500 (1)John Deere Trail Gator 6 x 4 Utility Vehicle,Value: $4,000 (1)John Deer 6201 Limited Edition Gator XUV,Value:$10,000 (1)Avalanche Snow Pusher Model#LDA200-16,Serial#1211-1083,Value: $3300 (1) 2021 Prinoth Panther T14R Track loader Dump Track-Value$235,000 0(t-ork Stats:Department x my HKhUL GOMW Roberta Reardon,CommUsimer 764�77iSno:wW DATE:November o1,2021 S LaWsWs Co�uc*M,lam' PRC:2020000280 e CASE ID NO:PW042021021487 P.O.Box mac,N1f 11962 PROJECT NO:Cont.m#19-312 mon;Re=%WWon of the fields est Harbor HID ES UxaCONTRACTING AGENCY: property Raslyra UFSD 300 Harbor HN Rd Courtly: Nessau Roslyn, NY 11576 Agent Rep.On Ste:Na If 1 er is not the e OM*RC—W-1 list 1xime be OW. FMlW FEIN: 112063579 . Pans contractor:We Prime's FEIN: We Punic WORK CONSTRUcnON PROJECT Amide 8 Seedon 220 of the New York State Labor I.aw,sUM%in pad that The ooatra>eor need any ��°���or thereof and af5rmed by hen an true mtdasr the pendties of at which he warlaod.the I=*wW rm paid orad ftpcdoy,dwwft the boas and days wadoiby each wMkMM laborer of oro° a m Now Yo�lc St�ta end wheca the amormt of'te paid os ptvvidcd,asthesite oftbe aasfcwherethe oontraeocr asub-ooh �fm�on site oftho wodc orad apoa Eama1 ardor of coax ffi is exa>ass oftwerdy�ve thoasand doaars. M attar eoatracsora or sob-000tr+ ra" taa�becnbed and af5emed by hien as lane>rt ffi�00 YP ftolu the of the or bislhaa dasag<acmed Ye sect ori�oal>>�� "fie«igiflat psym»s or trm�a�s��F`e'av°d pojary.as may be deemed aa�aery to adegnsmelY� dace of oomtren ofthe wart as the awaaded coatreax such weak m ffie with the filed affiar wishin 10 dtlya of such dam, MUM The fiscal of5cer may:equire amy Parma ar' �'0D� P� fiscal officer.for said public work or for any public of pdivaae Pam�' thethe ten records.sarara as m their validity and or *w=..a requested by MIS to p,ovide 00 boasted Corporation during the woe Period Of time as. public wadc.bt the event said person or coapora<ioat bold from o said paeraoo cr cc:vWadM UP 1°�' days,the�-officer shall,within fifteen days,adder the d ofja m imammum c nada the t mmsoHhe ooarract paasa>tdrtl3o which acid five percent of the amotmt;not to a teed ane.bm*ad thousand dollars.to be paW to sarcb pasrsan ° pabft wode is being paforrned. The•Eisai offioa,"ffi used ,sMil be dtst�aod m be on public work paformed by or on bdmif of tho state err apallic benefit ooepoestia>a or a ootmty m excess ofaoe mlara4. Ccs ofLib C orad on Pa>biic aaafr pafonned by or aviilage,or other "division ion in erase, ofoo a M writh a compad0° officer,of such city. or on behelf ofacity with apopdatioa in tsxaeas ofcan mrl�ion,the oampaollm or otber analogous Pam int defined sha11 on a verified io wribmg of ae4'PerG�oed or of tttly WPM"��invoaa. Tim fiscd ofSoer as bacon >p be made 1n dete®iao whetbatbe or a to M611hidUk erphtd,and may on his awn ififthd h cause a oboe do as ocarpstiom hhm*A-Iocdw win the on whore m tba ssmo trade Priam*rime of wages and paevalln8p +for tho on such public wadi6 or bath. The fiscd swbm*actor has paid*0 uCh public war&is being permed.err the horns of Idwperfor wdby the workman,laborers and mabenks aftaft paged and aW� ofHca or bis aSa>ts+examiraaors lu s and iOny aarraname or.cameto be arsttiacd dre books to tt laborers.wod Cmeo and mechanics on said Nublio wank and the hours or lamr Par fasmed by. m latae subpoenas. fiscal officer is each!ave adtaa be deemed to be acting in a judtcW cxadty,andante!!bave the powror *mimes The employer named above,is ordered to provide: 0 private and[z]public work psYroll records, social y number,claaslfiefttion,hours worked per including certified payrolls,showing tib name,address, provided for the payroll Period ; Wad rate , day,hourly paid and enpplements dam witirif�t>mn 170)cakW k of rMiPt of this notice at the location listed below: 0 0 400 Heti a.* Cnibe 102 Gst+den 115to aAtsma Location: vvbwbvwmy lblatfies any sLt�aaertt regwsed m be fled ttttda eat is am knPiSOUMCIL New Yolk State Lob"Law sptx t tient awry P p Name Approved Electrosicmny By Abul Patwary Tide Sim Photre:(518j�8.3f31 S Fax:.(618)784.3618 PW 18(10.13) Bureau of PubBc Work.400 oak Strdtat,SulEat 101,Garden Cibr,NY 111 i State of New York CASE ID NO. PW04 2021024487 Department of Labor PRC/SEC NO. 2020000280 Bureau of Public Work � DATE 01/10/2022 Nodoeof Labor Law Inspection Findings 1.NAME OF EMPLOYER(IF FIRM IS A SUBCONTRACTOR ENTER PRIME CONTRACTOR IN ITEM 10) 2.FEDERAL EJ.NUMBER GAT2 LANDSCAPING INC. 11-2063579 3.ADDRESS OF EMPLOYER 6477 Sound Ave, P.O. Box 104, Mattituck NY 11952 4.EMPLOYER REPRESENTATIVE NOTIFIED AND TITLE s.DEPARTMENT OF JURISDICTION i� 7+ 8.PROJECT OR SPECIFICATION NUMBER Roslyn UFSDC-014+1 11*19 -a 12. Asst. to Supe.r for Admin & Proj T.LOCATION 300 Harbor Hill Rd Reconstruction of the fields at Roslyn, NY 11576 Harbor Hill ES property S.COUNTY Nassau S.REPRESENTATIVE OF DOJ ON JOB SITE THE FINDINGS OF THIS INSPECTION HAVE BEEN REFERRED TO THE FOLLOWING: (Items 1,5,10,13) 10.NAME OF PRIME CONTRACTOR OF SUB-CONTRACTOR IS NAMED IN ITEMV `` /1% 11.FEDERAL LL NUMBER 12.ADDRESS OF PRIME CONTRACTOR IS/ 13.ADDITIONAL PERSON/CONTRACTOR TO:BE NOTIFIED(NAME and ADDRESS) 14.FEDERAL E.L NUMBER K �P 15.INSPECTION FINDING: CONTRACTOR NAMED IN ITEM 1 IS HEREBY NOTIFIED THAT OUR INVESTIGATION DISCLOSED VIOLATIONS OF THE LABOR LAW CHECKED BELOW: VIOLATIONS:V=VIOLATION,P=PENDIN C=COMPLIED Abul Patwary Signed Electronically By Abul Patwary Name. .... _. _.St tu[S. ., _.. - > . .. Investigator Title SEE THE FOLLOWING PAGE FOR REQUIRED CORRECTIVE ACTION PW-28 Page 1 State of New York CASE ID NO. PW04 2021024487 Department of Labor Bureau of Public Work PRC/SEC NO. 2020000280 DATE 01/10/2022 Notice of Labor Law Inspection Findings Sections 220:8,220.3.2(ARTICLE 8)and 235.5(ARTICLE 9)of the New York State Labor law provides,In part,that the Commissioner of labor issue an Order and Determination when a contractor or subcontractor has been found to be paying less than the prevailing rate of wages or supplements;that such order shall direct payment of wages and supplements found to be due,i including interest at the rate of interest then in effect as prescribed by the superintendent of banks from the date of the underpayment to the data of the payment;and that such order may direct payment of a further sum as a civil penalty in an amount not exceeding twenty five percent of the amount found due. Sections 220-b.3b(ARTICLE 8)and 235.7(ARTICLE 9)of the New York State Labor Law provides,In part,that when an Order and Determination Is Issued which finds that a contractor or subcontractor has willfully failed to pay the prevailing rate of wages or supplements on two instances within a six-year period,such contractor or subcontractor shall be ineligible to submit a bid on or be awarded a public work contract with the state,a municipal corporation or public body for a period of five years from the second final Order and Determination. CORRECTIVE ACTION:YOU ARE REQUIRED TO TAKE THE FOLLOWING STEPS IMMEDIATELY Long Island Office; Bureau of Public Work;400 Oak Street;Suite 101;Garden City, NY 11530-6551 For further information, please contact the Bureau Office indicated above. 5')6 2�-S a,9 19 PW-28 Page 2 Gatz Sitework and-Landscape Construction Inc. Balance Sheet December 31, 2022 ASSETS CURRENTASSETS Cash In Banks, $ 56,563 Accounts Receivable 715,264 Underbillings- 40,770 Inventory 12,000 Loan Receivable-JMG Enterprises 93,375 Prepaid Taxes&Expenses - Total Current Assets 917,972 PROPERTY AND EQUIPMENT Property&Equipment $ 2,733,489 Less:-Accumulated Depreciation (1,688,522) Net Property&Equipment 1,044,961. ` i TOTAL ASSETS $ 1,962,933 4 LIABILITIES &STOCKHOLDERS"EQUITY CURRENT LIABILITIES Accounts Payable $ 347,705 Overbillings- 70,600 Line of Credit—Dime Savings _ Installments Payable-Current Portion 153,084, Taxes Payable 14,503 I� Total Current Liabilities 585,892 i a LONGTERM LIABILITIES Due To Officer $ 298,324 I. SBA-Loan-EIDL 144,490 Installments Payable-Over.One Year 347;655 I ` Total tong Term Debt 790,469 Total Liabilities NET ASSETS Capital Stock,&Paid;In Capital. 70,000 Retained Earnings 516,572 Total Net Assets 586,572 TOTAL.LIABILITIES i &STOCKHOLDERS'.EQUITY 1,962,933 ; Exhibit A Gatz: Sitework and Landscape Construction Inc. Statement of Income For The Year Ended December 31, 2022 I� Project Revenue Contracts Revenue Earned $ 4,638,922 Gain On Sale of;Equipment 30,741 SBA-PPP Payroll&EIDL Grant Other Revenues(Adjustments) 10,754 Total income 4,680,417 Project Costs Purchases $ 1,158,101 Salaries-.Job Site 572,745 Subcontracting 525,078 Other Direct:Costs 4;316 Pro ject-Costs 2,260,240 i1 Intercompany Equipment Rentals - Indirect Project Costs 817,814 Total Project Costs 3,078,054 Gross Profit 1,602,363 Operating:expenses �. •Officer.Salaries 358,800 Office Salaries 184,972 Vehicle Expense 59,196 Insurance 156,930 InterestExpense 74,631 Legal'&'P.rofessional 891468 Pension Expense 20,927 f Meals&.Entertainment 22,372 Payroll Taxes&Benefits 206,207 Facilities Costs. 55,534 Depreciation 255,218 Advertising&.Promotion 15,390 Office Expenses 73,512 i Total Operating Expenses 1,473,037 Operating Income(Loss) 129,326 Provision For Income Taxes Federal,State&Local Income Tax 1,000 Net Income(Loss) $ 128,326 Retained Earnings-Beginning 549,345 Less:Shareholder Distributions 161,099 Retained'Earnings-Ending $ 516,572 Exhibit B Gatz Sitework and Landscape Construction Inc. Statement of Cash Flows JJ For The Year Ended December 31, 2022 I' CASH FLOWS FROM OPERATING ACTIVITY 'Net Income(Loss) $ 128,326 Adjustments To reconcile net income(loss) I to net cash provided by(used in) activities: Depreciation&Amortiiation $ 255,218 Losses(Gains)on Fixed Assets (30,741)' Decrease(Increase) in operating assets: Accounts Receivable 101,785 Other Current Assets 66,893 Decrease(increase);in operating liabilities: Accounts Payable 6,239 Taxes Payable 13,457 I I Accrued Liabilities _ Prior Adjustment _ Tota l:Ad justments 412,851 _ i Net Cash,Provided BY(Used In)Operating Activities $ 5'41,172 ,CASH FLOWS FROM INVESTING ACTIVITY Asset Acquisitions (262,475) Officer Loans (83,033.) . Affiliate Loans _ Proceeds'from Sales of Assets 40,282 I Net Cash Provided.By.(Used In).Investing Activities (305,226) CASH FLOWS FROM FINANCING ACTIVITY Notes Payable Borrowings 300,794 Notes Payable Repayments (364,014) Distributions To Shareholders (161,099) . Net Cash Provided By(Used In)Financing Activities (224;319) NET INCREASE.(DECREASE) IN CASH .11,632 CASH AT BEGINNING OF YEAR 44,931 CASH AT'DECEMBER 31,2022 56,563 i Exhibit,C, Gatz Sitework and Landscape Construction Inc. Balance Sheet December 31, 2022 ASSETS CURRENT.ASSETS Cash In.Banks $ 56,563 Accounts Receivable 715,264 Underbillings- 40,770 Inventory 12,000 Loan Receivable-JMG Enterprises 93,375 Prepaid Taxes,&Expenses Total Current Assets 917,972 PROPERTY AND EQUIPMENT Property&.Equipment $ 2,733,483 'Less:Accumulated Depreciation (1,688;522) i Net Property&Equipment 1,044,961 TOTAL ASSETS $ 1,962,933 LIABILITIES &STOCKHOLDERS' EQUITY CURRENT LIABILITIES Accounts Payable $ 347,705 Overbillings- 70,600 Line of Credit-Dime Savings- _ Installments Payable-Current Portion 153,084 Taxes Payable 14,563 Total Current Liabilities 585,892 t LONG TERM LIABILITIES' Due To Officer $ 298,324 SBA Loan-EIDL 144,490 Installments Payable-Over.One Year 347,655, Total Long Term Debt 790,469 Total Liabilities i 1 NET ASSETS Capital,Stock.&Paid.In Capital. 10,600 Retained Earnings 516;572 Total Net Assets 586,572 i TOTAL.LIABILITIES &STOCKHOLDERS'EQUITY 1,962,933. Exhibit A SCHOOL(631)286-8677 FAX;(631)286-8683 APPRENTICESHIP AND TRAINING-JOURNEYMEN-RETRAINING SCHOOL INTERNATIONAL ,UNION OF OPERATING ENGINEER$ -LOCAL UNIONS.1 38,138A,138B Nassau&Suffolk Courities <jM 24?-C 80X, AMINGDALE',N.YAi735-b266 -SCHOOL 206,:FA , -'575 HORSEBLOCk'AOAD'i 8ROOKHAVEN,,N.Y. 11.719 July 7,10,23., Town ,,ofS.d0thhdId, Re.-,,- Loca.1j;1,3,&App.renticeshiP-.School (the "Apprenticeship School")- NYS'Sponsor!# 0.0422. NYS AT-PCode* 1.8318 ,aatz.Sftework and'Landscape Construction inc. Demblitton,of the Sill's Farm,Buildings To Whom it' ay,,*,0oncern, :M This.ldtbertetv6s to. cbnfir�.,n that the Apprenticeship School currently conducls.-_a.fully registered and--approved New York State Training (ATP). TheATP is c 'by Local co=sponsored 138 and all employers i natbries, including but not limited to,Gati Sitew- rk and is-9 0 Landscape Construction Inc.,:to the Local 138 Agreement Covering Working 'Conditions, dated Juhe 1,20,23 to May 31,2028. The-ATP.complies with all',provisions of Suffolk and Nassau County,Law. Any-further:inquiries should be directed-to the undersigned's attention. Sincar y) JOHN U Y BUSINESS MANAGER,&TREASURER CHAIRMAN.BOARDOP TRUSTEES: LOCAL 138.APPRENTICEsHip TRAININGFUND DENIS NONCARROW =� OG•t1 Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800- RECORDS MANAGEMENT OFFICER ��•� `1►a www.southoldtow-nny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2023 Sills Farm Buildings Demo Bid Opening July 13,2023 2:00 PM Three (3)bid received Gatz Sitework & Landscape Construction Inc. $ 553,250.00 6477 Sound Ave/PO Box 104 Mattituck,NY 11952 Donald & Jaqueline Gatz 631-298-8877 Biltwel General Contractor Corp. $633,050.00 31 Mary Pitkin Path Shoreham,NY 11786 Saeid E. Jalayer 631-744-9177 Pioneer Landscaping &Asphalt Paving, Inc. $881,595.00 168 Townline Rd. Kings Park,NY 11754 Kevin Cox 631-269-4300 ext. 106 AIADocument A310 TM 2010 Bid Bond Bond#HA10105518 CONTRACTOR: SURETY: Biltwel General Contractor Corp. Hudson Insurance Company This document has important legal consequences. Consultation with 31 Mary Pitkin Path 100 William Street, 5th Floor an attorney is encouraged with Shoreham, NY 11786 New York, NY 10038 respect to its completion or modification. OWNER: Any singular reference to Town of Southold Contractor,Surely,owner or Town Clerk Office other party shall be considered plural where applicable. 53095 Main Road Southold, NY 11971 BOND AMOUNT: 5%of the total amount of the bid .PROJECT: Demolition of The Sill's Farm Buildings—70282 & 70284 Main Road (Route 25A) in Greenpoint Project Number, if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this.obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid,Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 7th day of July,2023. Bil wel General ntractor Corp.. . cipQ . .. (Witness) (Title)Narimaiflatlayer, Vice President Hudson Insurance Company (W1 O (Surety) (Tine) Emanue ttomey-In-Fact Printed in cooperation with the American Institute of Architects(AIA). The language in this document conforms to the language used in AIA Document A310-Bid Bond—2010 Edition ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF NEW YORK) ss: COUNTY OF WESTCHESTER) On this 7th day of July, 2023 before me appeared Emanuel Hatjygeorge to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of the Hudson Insurance Company, a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. ALFRED CELENTANO NOTARY PUBLIC,STATE OF NEW YORK Registration No.010E6416701 Qualified in.Westchester County Commission Expires April 26,2025 ACKNOWLEDGMENT OF PRINCIPAL, IF A CORPORATION STATE OF NEW YORK) ss: COUNTY OF On this _10��day ofU,l , 20 23, before me personally came Nariman Jalay r, to me known, who, being by�me duly sworn, did depose and say that he resides in 10) a t that he is the Vice President of Biltwel General Contractor Corp. the corpo ion described in and which executed the above instrument; and that he signed his name thereto by order of the Board of Directors of said corporation. JAIReER SAF�D C. otary Public,IJ5088798 New �fork/ t Qualified in Suffolk County i My fission e Notary Public a HUDSON Bond Number: HA10105518 I:'ti'SlISv1�;t_.1 i;StC111S' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does snake, constitute and appoint Alfred Celentano of the State of NY 1 its true and lawful Attorney(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Twenty Five Million Dollars(25,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,on this 2nd day of June 20 22 at New York,New York. (Corporate seal HUDSON INSURANCE COMPANY Attest.......... " ^! ......... By........................... ........`................. ............. Dina Daskalakis No.OIMU6067553 Michael P.Cifone Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 2nd day of June 12022 before me personally came Michael P.Cifone to me known,who being by me duly swom did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument, that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that itwas so affi�ted by order of the Board of Directors of said Corporation,and that he signed his name thereto by like order. f hA (Notarial Seal) P •.•••• ••.• qo ANN M.MUR NpTIq .:yl Notary Public,State of New York No.OIMU6067553 Qualified in Nassau County Commission Expires December 10,2025 CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS. The undersigned Dina Daskalakis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of ) Hudson Insurance Company dated July 27h,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances,whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates,and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOV LED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the.original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Corporation this dalj cf ' � 120 (Corporate seal) �\ .........................fi✓ Dina DasM2lakis, Corporate Secretary "s HUDSON INSURANCE COMPANY SHORT FORM FINANCIAL STATEMENT AS OF DECEMBER 31,2021 ASSETS Bonds $ 78,461,900 Real estate 0 Mortgage Loans on Real Estate 55,579,974 Cash on hand and on deposit 465,311,314 Reinsurance Receivable 205,268,796 FIT recoverable(including net deferred tax asset) 20,414,554 Aggregate write-ins for other than invested assets 549,757,377 Deferred premiums,agents'balances and installments booked but deferred and not yet due(including earned but unbilled premiums) 91,769,874 Stocks 306,833,546 Other Assets 70,533,194 Total Assets $ 1.843930.5 9 LIABILITIES&SURPLUS Losses $ 309,717,054 Loss adjustment expense 34,090,901 Other expenses 30,721,829 Unearned Premiums 152,538,973 Ceded reinsurance premiums payable 587,327,016 Payable to parent,subsidiaries and affiliates 2,267,312 Commissions payable,contingent commissions and other similar charges 35,242,334 Other Liabilities 135.998.321 Total Liabilities $ 1,287,903,742 Preferred and Common capital stock $ 7,500,238 Gross paid in and contributed surplus 293,480,097 Unassigned funds(surplus) _ 255.046,452 Surplus as regards policyholders 556 02b 787 Total Liabilities and Surplus a 1.843.930.529 STATE OF NEW YORK ) ss: COUNTY OF NEW YORK ) I,the undersigned Controller of Hudson Insurance Company hereby certify the foregoing to be a short form financial statement in the form of a balance sheet,showing the Company's assets and liabilities on a provisional basis,at the close of business on December 31,2021. _re,TBA,TIMONY WHEREOF,I have set my hand and affixed the seal of the Company,this day of .•��RO_G0& r v,�0TAR1-` Kei M.Brennan 8 Controller T9pF�-S,";jR0&td sworn to before me this ciay.uf -- ,"ission expires 2-a22. CAtl1[t�ON GOURLAY S�tofa rYNo bticI State of Ivew`trol 01 GO6372305 Qualified yin New Ycrk County Fitpzrm' t=xpires June 4,202,2' Document A31 0 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Pioneer Landscaping&Asphalt Paving,Inc. of business) 168 Townline Road Philadelphia Indemnity Insurance Company Kings Park,NY 11754 325 Columbia Turnpike Suite 302 This document has important legal Florham Park,NJ 07932 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. Town of Southold 53095 Main Road Any singular reference to Southold,NY 11971 Contractor,Surety,Owner or BOND AMOUNT: (5%) Ten Percent of Amount Bid other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Demolition of Sill's Farm Buildings Greenport The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null,and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project; any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When,so , furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.. ed and seale is V 0012th day o July,2023 Pioneer Lands in &Asphalt Paving,Inc. -000 (Principa (Seal) (Witness) e dt h (Title) 44ex— R,-zs'. Philadel hia I dent "Ity Insurance Company / (Surety) (Seal) (Witness) (Tale) Jos. Ta . Attorney-In-Fact Init. AIA Document A310——2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved. 061110 'J PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Joseph Tantillo and/or Christopher Catera of Coverages Unlimited,Inc.,its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$50.000.000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(1)Appoint Attomey(s)in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto;and (2)to remove,at any time,any such Attorney-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH,2021. 553.1:ES•';;i.^^tip' . (Seal) kfohol..b, President&CEO Philadelphia Indemnity Insurance Company On this 51 day of March,2021 before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. Notary Public: Commonwealth of Pennsylvania-Notaryry3eai Vanessa Mckenzle,NotaryPuhttc MontgomeryCounty My Commission expires November 3.2024 Commission number 1366394 MembaG A.7 residing Negnas residing at: Bala Cynwyd,PA My commission expires: November 3,2024 1,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5'day March,2021 are true and correct and are still in full force and effect.I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. `` /I'' In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 0-41 day of —204;"s Edward Sayago,Corporate Secretary `r PHILADELPHIA INDEMNITY INSURANCE COMPANY -_ 1927 E;octiS!gh Envelope ID:DFC29Fz6F*0E8A-4E67-9t)88--09t)89r863C.70 PHILADELPHIA INDEMNITY INSURANCE, COMPANY Statutory 8 tafemenfs of Admitted Assets;Liabilities and Capital a lid Surplus Iui thousands,exet :p(par value and share amounts) Admitted Assets As Qrj)u.C;n.ber,31, 2022, 2021 B6hdi(fair value$7,902,63Tdfi4.$8,447,694) 8,709,823 $ 8,102,442� Preferred stocks .1435601 4,9,262. tR,-ck 28;IP5 43,114 - _; --- :. . . " Mortgage loans 1,074,734 95.7;486 - Real 6sfit6 21-7179 29,408 2i J38 Oilier inv .9), Receivables f6i 476 152 : cash pq kfqp(s.,andsjippj investments A& 1-2* —12858 cilmi dwti invested"assets -jqt1-!79J t'1 9,19.9,957- .7, Prerninnis'rcceim'able &s 955,-'21,814,676 ,.j.agehl�biiiftic6�dfid bfli6r rdbeh4bl Roinguidn& an *J: 5 adjpithient expenses 61,607 4 ,200 -W —.... ". § 0,11 . pts Accti, ;inv6strfidJit:*Wbftid 88,901 .7.4;000, Recei�%alile;frorii affiliates 4:406 rle al income taxes receivable 21:;231 8„194. Nef d,d.feiidd f.dx'aS&tS' -6ii1cranet s 19,953 69104 -T§tfil :9 10'.' Liabilities And'CaWitil hii&Sillux. Unpaid:joss and loss adjustment eNpepqe4� $ S,68"0,5.09. $., J,06,108 tj.neari.led p.rein,fulms1;766;050 1,658,339 Reiiisuraiic gyat4l;on paid loss and.lossAdjqsfmcnti:expepes 35;820 Ceded 119,157 730,17.1 com.qissM4'?'n-s- payable,pop An. �nt 6 Anhissions-and othershpilar charges 247 ggp. Vuri&Wd '82;555. 77,317 Payable( * i” g 2 JQ3S7 -0�A.:.1%O, , Provision for reinsurance '678 Payable For securities 42426- 1-91W Mcruo d a�'r'ifab- -47.2- 13 TotalliabililiesAccrued:expenses ilities, -8.058,1597,65S,-�� Capital:: ,CQ*n1n)Qk14t0c X-par N,t•lpqp P.,$10,p e.r 51141.1,00.0;606 shares Audioirm-e-d.45b.06b siuiids'i§sfied And diiWaffidik' 41500 4;5100 -Surplus: Gidss paid-ifi:add 001tibuted-Miipld§ 386,071 :386,071 Unassigned sLrplW .3,625372. 1.64,893• Total tutpliu§ 3:41:1,643 3;040,964 Toth-1 64.pi!#1 04§.POWs. 1416.443 1045A64* Toiai t tks,and,cqifal and sorplils S; 11474j302- S 10M9:044, The iind6gigii6d,•b6i4k ddl'� i-.-Th4t-,sbe:is.the Ermctifive Vice President Officer of . eni and Cbief VinaqpiaI Of Phil' -'h" "i Cofijoai�y- is h bft 66 ze n., llsnpp�jq _P410,44Y."Im -4�tioh My' p"i d to 'lid Odt&-of y Peffif9y'lvantgri 4 11 idd.-Aii'd dif&&A iii the Mmb.-ilylyanig pn,:tlA -p jqq � . an'd dif& - - ":,- ---%- -... y.ppn)p iq i.,q ..ic.requJirpniqnp f t,he laws - .-iitte applicable of the Qjiflaws; I 6f&:s�ld 8 ip-afty Arid i's-diiiy.qnAlifiqd to:Act 9�-§ute inider iiAn'y a that. said Coinpa *--'�'g.also ti"oMplie avit i and,is. my qualified.to act'as SUrdty-.uhder.thd Abt 6f.C61igriass. Arid. lid that to the best of her-kiio.%Ylpd&e ond Wiefthe:aboye statement is a fbililrue-and correctstaleniefit.of 6151111im ..06,f I u.St.gne0y: Kinrlierlill s van[ar.Notaty�;oal 66c YA. blicGrit Y �aULit((o Attest: Moritgorrrery btaryp.d County ecerriber 18-'2024 K6m1fG41fi1fd0Dftibie1lo.',EVP 8c CFO -Cdm mlopliurp 'er,"1245769 Member;Penhsylvarila in"Molarles ANr-t3'--./ Sworn to before ine this 0 day pf-June 2021. inibe Ry K 4e,,1. Np 1 State of ss. c County of ti E Q) to y On this day of 20_,before me personally came '> 3 a ° to be known, C C u and known to me to be the individual described in and who executed the foregoing Instrument,and acknowledged to me that he executed the a same. My commission expires Notary Public State of ss. County of E m E � On this day of 20_ , before me personally came ii 0 to be known to me x U 4 to be a member of the firm of described In and who executed the foregoing Instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My cotmnission expires Notary Public State of ss. c County of m = E w ro On this L)=:�L' day of ,203 before me personally came v ce �V� to be known to me Q who being by me duty sworn,did depose and say that he is the -- ✓fie of the corporation described in and which execut9d the alMve Instrument 1hat he knows the seal of sai corporation;the the seal affixed to said Instrument is such corporate seal;that Itwas so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. Elsie Wilmer Notary Public,State of New York No. 01 W I620l k 43 Co vV��n�1J My commission expires alified in Suffolk County Commission Expires May 18,2026: Notary Public ------------- State of New York y. County of Suffolk �ss. e 12 w On this day of '20 before me personally came 0. Joseph Tantillo to be known,who,being by me duly sworn,did depose and say that c m q he is attorney-In-fact of Philadelphia Indemnity Insurance Company the corporation described in and which executed the above iristrument;that he knows the corporate seal of said corporation;that the seal affixed to the within Instrument Is such corporate seal,and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said cdrpc t* fo d *60§6fhis office under the Standing Resolutions thereof. Notary Public;State of New York N o.01 FA6355998 Qualified in Suffolk County Commission Expires March 20,20,95 My commission expires FORM#11.3 Notary Public 1 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and Prirrclprrl place e f brcrinc:+s) United States Fire Insurance Company Gatz Sitework and Landscape Construction Inc. 305 Madison Avenue This document has important 6477 Sound Ave., PO Box 104 Morristown, NJ 07960 legal consequences.Consultation Mattituck, NY 11952 Mailing Address for Notices with an attorney Is encouraged with respect to its completion or modification. OWNER: (Name,legalstatusmrdaddress) Any singular reference to Contractor,Surety,Owner or Town of Southold other party shall be considered 53095 Main Road plural where applicable. Southold, NY 11971 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (,'Fame,locatlonoraddress.mtdl'rojectnumber,lJan)} Demolition of Sill's Farm Buildings, Suffolk County, NY The Contractor and Surety are bound to the O%vncr in ilia amount set forth above,for the payment of which ilia Contractor and Surcty bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within ilia time specified in the bid documents,or within such time period as may be agreed to by the Oivner and Contractor,and the Contractor either(1)enters into a contract with the ovnicr in accordance with Ilia tcrnis of such bid,and gives such bond or bonds as inky be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the 1'roiect and otherwise acceptable to the O%viier,for tiro faithful performance of such Contract and for cite prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between ilia amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlimn the work covered by said bid,theft this obligation shall be null and void,otherwise to remain in Vail force and effect.The Surety hereby waives any notice elan agreement between the Owner and Contractor to extend the time in which the Owner may accept tile, bid.Waiver ol'notice by the Surety shall mit apply to any extension exceeding sixty(60)days in the aggregate beyond the time lir acceptance ol'bids tipecilied in the bid documents;and the Owner and Contractor shall obtain the Surety's consent lir an extension beyond sixty(60)days. ' If this Bond is issued in connection with a subcontractoes bid to a Contractor,the tern Contractor in this Bond shall be deemed to be Subcontractor and ilia term Oivticr shall be deemed to be Contractor. When this Bond has been litntished to comply frith u statutory or other legal requirement in the locution ol'the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herel'rom and provisions conlimning to such statutory or other legal requirement shall be deemed incorporated herein.When so litmished,the intent is that this ifund shall be construed us a statutory bund and not as a common laiv bond. Signed and scaled this 6th day of July, 2023. Gatz Sitework and Landscape Construction Inc. (Principal) (seal) rJl'nress) • �.�-^' a,niorimxop / United States Fi Insurance Com ny P� F.�.....N,!, f (Sit (.Seer!) r,1„ v*�EtAWAPo 1:� e ern Perry,Attorney-in-Fact S-0054/AS 8110 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF New York } COUNTY OFsz�s'} On this k�' day of '� ,20 23, before me personally appeared to me known, who, being by me duly sworn,did depose and say that he/she resides at\.� map � � s�^ ''�``���- ,that he/she is the of Gatz Sitework and Landscape Construction Inc. the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. --- �_- Notary Public pollio NOTARY Fi.)6i-1C,STJJE OF NEW YORK RegFa:�ti::,r N'0. 01P06046557 Qua!"lud in Suffolk County Commission Expires August,42c, ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK } COUNTY OF NASSAU On July 6, 2023 before me personally came Fern Perry to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive, Plainview, New York 11803,that he/she is the Attorney-In-Fact of United States Fire Insurance Company the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. Peter Henry Notary:'uiolic..State t rf New York ?ds�. !111';--,47 '-18,29 tary blit ;:tiik4t In Passau County r: :: ;:,sutE Expires:January 31, t ` POWER OF ATTORNEY ' UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 0063523 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: Rosanne Callahan,Robert Finney Peter Henry,Jennifer Laura Johnston-Ogeka,Fern Perry each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding:Seven Million,Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV,Execution of Instruments-Except as the Board of Directors may authorize.by resolution,the Chairman of the Board,President,any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,facsimile,lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September,2021. UNITED STATES FIRE INSURANCE COMPANY Matthew E.Lubin, President State of New Jersey) County of Morris ) On this 28th day of September,2021,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MEUM H.17AL,E881O NOTARY Pl18UC OF KEW AMY Comyft fon R 60!26833 ���Ea 411llQQb qmd-41�-� 6 Melissa H.D'Alessio (Notary Public) I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day Of JL( 20�L9) UNITED STATES FIRE INSURANCE COMPANY a � Michael C.Fay,Senior Vice President 1 � UNITED STATES FIRE INSURANCE COMPANY , 1209 ORANGE STREET,WILMINGTON,DELAWARE 19801 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2022 ASSETS Bonds(Amortized Value)................................... 1,905,252,232 aPreferred Stocks(.Market Value)........................................................................................... 114,529,067 } Common Stocks(Market Value)........................................................................................... 1,762,084,603 Mortgage Loans(Market Value)........................................................................................... 796,032,009 Cash,Cash Equivalents,and Short Term Investments.................................................................. 626,020,353 Derivatives...................................................................................................................... 10,695,142 Other Invested Assets........................................................................................................ 337,125,033 Investment Income Due and Accrued...................................................................................... 19,572,352 Premiums and Considerations.....................................................:......................................... 340,327,513 Amounts Recoverable from Reinsurers.................................................................................... 61,688,599 Funds Held by or Deposited with Reinsured Companies............................................................... 70,688,033 Net Deferred Tax Asset...................................................................................................... 140.619,760 Electronic Data Processing Equipment..................................................................................... 1,507,891 Receivables from Parent,Subsidiaries and Affiliates................................................................... 158,857,542 OtherAssets................................................................................................................... 145,928,507 TOTAL ASSETS....................................................................................... S 6,490.928.636 LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net of Reinsurance Ceded and Incurred But Not Reported Losses)................................................................. ..... 2,212,036,852 ........................... . Reinsurance Payable on Paid Losses and Loss Adjustment Expenses..................................:............. 68,359,436 Loss Adjustment Expenses.................................................................................................. 374,380,070 Commissions Payable,Contingent Commissions and Other Similar Charges....................................... 10,899,929 Other Expenses(Excluding Takes,Licenses and Fees).................................................................. 95,863,911 Taxes,Licenses and Fees(Excluding Federal Income Taxes)......................................................... 30,559,093 Current Federal and Foreign Income Taxes.....................................................................:......... 197,142,687 Unearned Premiums.......................................................................................................... 999,534,655 AdvancePremium............................................................................................................ 12,896,716 Ceded Reinsurance Premiums Payable.................................................................................... 99,545,135 Funds Held by Company under Reinsurance Treaties.................................................................. 42,360,469 Amounts Withheld by Company for Account of Others................................................................ 133,940,889 Provision for Reinsurance................................................................................................... 2,638,135 Payable to Parent,Subsidiaries and Affiliates............................................................................ 91,545,650 Other Liabilities............................................................................................................... 73,407,186 TOTAL LIABILITIES.........................................................................I....... S 4.445,110.813 Common Capital Stock...................................................................................................... 18,780,000 Gross Paid In and Contributed Surplus.................................................................................... 1,502,074,940 Unassigned Funds(Surplus)................................................................................................ 524,962,883 Surplus as Regards Policyholders...........................................:.......I--........I... 2,045,817,823 TOTAL LIABILTHES,SURPLUS&OTHER FUNDS.......................................... S 6,490.928.636 I,Carmine Scaglione,Senior Vice President and Controller of UNITED STATES FIRE?INSURANCE COMPANY,certify that the foregoing is a fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business,December 31,2022,as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. 1 IN TESTIMONY WHEREOF,I have set my hand and affixed the seal of the Company,this 23rd day of March,2023. UNITED STATES FIRE INSURANCE COMPANY pso►nee,rL�m&sac,-Pinj Town of Southold "Demolition of the Sill's Farm Buildings" PROPOSAL PACKAGE BID OPENS: July 13, 2023 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 10 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. u Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. 2 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 liven 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. 0 Assumed Name Certification. Bidder's Qualification Statement. NONE: 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 10 r � VENDOR NAME: Pioneer Landscaping &Asphalt Paving, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. V PARTNERSHIP _INDIVIDUAL FEDERAL EMPLOYEE ID 9: 11-2729546 OR SOCIAL SECURITY 4: DATE OF ORGANIZATION: 3-12-1985 IF APPLICABLE: DATE FILED: 3-12-1985 _ STATE FILED: 2-27-1985 If a non-publicly owned Corporation: CORPORATION NAME: Pioneer Landscaping &Asphalt Paving, Inc. LIST PRINCIPAL STOCKHOLDERS: (J% of outstanding shares) Michael Cox, president 51% Kevin Cox, vice president 49% LIST OFFICERS AND DIRECTORS: NAMF_. TITLE Michael Cox Presid-nt.---.----_.-- Kevin Cox Vice president _ d 8 m m m m 0 m m m m m m m m m m m m m m m m m m m m m m m 0®m m m m 0 8 m m m m m B®mem■m m m m m m m m`J■m m m B a m m m m m m m m m m m m 0 D m m If a partnership: PARTNERSHIP NAy1E: _...—.—_.— LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Pioneer Landscaping&Asphalt PaviDg_ Inc ADDRESS: 168 Townline Rd. _...._— Kings Park NY 11754 CONTACT: Kevin Cox --- TELEPHONE: 631-269-4300 ext.106 FAX: 631-528-0030 E-MAIL: kcox@pioneerasphalt.net ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: -- TELEPHONE: FAX: .-._.._..-_— CONTACT: "_ E-MAIL.: ONLY if different - MAIL PAYMENT TO: ADDRESS: -- ----- TELEPHONE: --- CONTACT: E-MAIL: Proposal Package 4 of 10 VENDOR NAME: Pioneer Landscaping&Asphalt Paving Inc--- ASSUMED moASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be tiled under the New York general business law must be attached. ASSUMED 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 0 Insurance Certificate filed on DATE FAIL[IRE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 10 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. I riG person signing this bid, under the penalties of perjury, aftirn-is the truth thereof. SWORN TO BEFORE NIE THIS mature&Company Position Kevin Cox, vice president DAY OF ,90--3 Fpe Name R Company Position P Pioneer Landscaping&Asphalt_Paving, Inc. Company Name NOTARY PUBLIC _ - Elsie Wilmer -73_.' a _3.__... ......... Notary Public,State of New York Date Signed No.01W16206543 Qualified in Suffolk County Commission Expires May 18,20Z Federal I.D. Number Proposal Package 6 of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDOR NAME: Pioneer Landscaping &Asphalt Paving, Inc. VENDOR ADDRESS: 168 Townline Rd. Kings Park, NY 11768 TELEPHONE NUMBER: 631-269-4300 FAX: 631-528-0030 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. I1' 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.) 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 10 Demolition o;the Sill's Farm Buildings Itemized Proposal for- Town of Southold t— I ITEM NO. ES-f 14,1ATED DESCRIPTION OF ITEM � UNIT SID PRICE � EXTENDED AMOUNT SID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS I DOLLARS i CENTS l � 1 ! General Conditions Mobilization ford�`Q*4C Ritd /!O LA7 �;LS ' l i --- Dollars Cents ,-`- �o/ 000 00 S 70000 ; 06 t Temporary Access Road(Crushed Stone) 2 10.400 >>,,�, iree G�� 11� for /70 GfN7 ILF �3 00 3Y3 2-00 DO l Dollars Cent s / I Er ston&Sediment Control 3 670 for x CW7/#70 c6j� J JLF1 U I 3 Dollars -- Cents I po I -/ oZo 00 € Unclassified Excavation&Embankment / G I for �rOG�fa.�U „rind /7O CET /LSk Dollars Cents 3o D00 QQ 30/oto (QQ t ----- - --- --_ — - --�- -� I Clearing&Grubbing —� # 5 III ry 7.500 !!! I for C/�e. �i✓J feV107� �iLC G�J tSF ¢ i / s I Dollars Cents 7� �o�/2 oo i /'s Temporary Fencing b 750 for / 1,T 1ee4 q-440em/70 4cl97 J ILFf.S' Oo ADollars Cents / Sd p0 Structures 1-3 Removal(including Foundation) 11{ for �7ror / -AyCAJe-4 GAC 1Jo L /LS /yo 007 QD 000 03 -- - Dollars Cents Silo Removal j 8 1 ! for S�Ire/l+ #OW'11"'l /t /70 C�t� O �0 I 00 ' �i /Ls i �� Dollars Cents ? � -70 ODo OO Deinolition of the Sill's Farm Buildings Itemized Proposal for: Town of Southold i ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS j CENTS I DOLLARS CENTS t Site Restoration 1 9 1 / [� for �e!jG/I�j/'CG Too 7'/ve-74o4Jctd Ofd /!o CM/J ILS 000 �00 /'Y� 0061,10 Dollars Cents LIRR Compliance ! 10 1 for �l� —IXGGtf C.W1 COILAJ ILS !I Dollars Cents --- 2-0,Ox j 00 7-01000 106 TOTAL BASE BID Items(Add All Items) DD Dollars Cents (Numerically) WRITTEN IN WORDS i I ConstructioryMat Access Road i ALT#1 7,400 + y/ for "J2� .f f G✓t /70CGt _ISF /qz y00 I �0 Dollars _ Cents j 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. AUTHORIZED SIGNATURE PRINT NAiv1E Kevin Cox TITLE Vice president DATE July 13, 2023 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk ) ss.: On the 13th day of July in the year 2023 before me, the undersigned, personally appeared, Kevin Cox personally known to me or 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. NO'fAI =Y.P1RL[C see i mer Notary Public,State of New York No.01W16206543 Qualified in Suffolk County Commission Expires May 18,2CQ_-3_ Proposal Package 10 of 10 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 hereinafter made. I SUBMITTED BY: Pioneer Landscaping&Asphalt Paving,Inc. Cor orat' A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: 168 Townline Rd. Kings Park,NY 11768 j I PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE I Paving Contractor President Michael Cox 225 Asharoken Ave.,Northport,NY 11768 Vice president Kevin Cox 225 Asharoken Ave.,Northport,NY 11768 Sales,Estimating,all operations I I. How many years has your organization been in business under its present business name? I 38 years 2. You normally perform what percent of the work with Your own forces'? 95 List trades that you organization normally performs below: Local 1298,Local 1010,Local 138, Local 780 3. Have you ever failed to complete any work awarded toyou? No If so, note where and why. I _. 4. Are there any claims,judgments, arbitration proceedings r suits pending or outstanding against your firm or its officers? If yes, please provide details. No QS-I i 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 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 Completion See Attached 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name "Telephone# Telephone# Amount Completion % of Work See Attached QS-2 AC 3295-3(4/12) NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT B—UNCOMPLETED CONSTRUCTION CONTRACTS Vendor Name: NYS Vendor ID: J Yk 4. -P%N X4_kZ Agency/Owner Award Date Completion Date SCDPW-Carlls River-Water Shed-Sewer Proiect-Private Pro pertyl 10-2.108-11 (24 PW-024J 8-13-2022 Nov., 2023 Contact Person Telephone No. Designer Architect and/or Design Engineer Matthew Barba-D&B Engineering D & B Engineers,Architects PE Contract No. Prime or Sub Joint'Vdnture(JV)Name,if.applicable EIN of JV,if applicable CP8139 Prime N/A Total Contract Amount Amount Sublet to others Uncompleted Amount $24,638,255. 9 N/A Award Date 22,432,476.00 2. Agency/Owner Completion Date SCDPW-Carlis River-Water Shed-Sewer Project-Private Propertyl 10-2(23-PWO1 5) 11-19-2021 Oct.2023 Contact Person Telephone No. & Designer Architect and/or.Design Engineer 8, EB' Matthew Barba-D&B Enaineerina 516-817-7888__ Q Engineers&Architects, PE Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable 8139 Prime N/A I Amount Sublet to others Uncompleted Total Con se p tract Amount pleted Amount NA_ z� $15,792 080.79 $1,828,196.00 3. Agency/Owner Award Date Completion Date Village of Patchogue-Patchogue Sewer District 1 9-20-22 Dec. 2023 Contact Person Telephone No. Designer Architect and/or Design,Engineer Gregg Levasseue-HM 631-756-8000-1034exti-H2M Architects & Engineers Contract No. Prime or'Sub Joint Venture(JV).Name,if applicable- EIN of JV,if applicable PAN 2102 Prime N/A Total Contract Amount ublet to others Uncompleted Amount -4..11� Amount'S' $20,1 32,267.00 . . .1',`._ t S' NY A $14,450,000.00 4. Agency/Owner Award Date Completion Date SCDPW-Carlls River-Sewerl 10-2&1 08-NON UN11 1 (26PW-022) 11-6-23 Dec. 2023 Contact Person Telephone No. Designer Architect and/or;Design:Eiigineer Matthew Barba-D&B Engineering 631-940-7351 D & B Engineers&Architects, PE Contract No. Prime or Sub Joint Venture(N,),Narne,ifopplicable EIN of JV,if applicable 26-PW-022 Prime N/A Total Contract Uncompleted A :,g Amount Amount Sublet to others mount $5,733.n?n nn N/A $5,733,020.00 Page 1 of 3 AC 3295-S(4/12) NEW YORK STATE VENDORRESPONSIBMITY QUESTIONNAIRE ATTACHMENT B—UNCOMPLETED CONSTRUCTION CONTRACTS Vendor Name: NYS Vendor ID: erif'iirico`m-le e' 5. Agency/Owner Award Date H Completion Date Town of North Hempstead-Tully Park 1-10-2023 June 2023 Contact Person Telephone INV. U-51gli Architect and/or Design Engineer "5, Bruce Mawhieter-Nelson & Pope 631-427-5665-ext.61 Nelson & Pope Engineering Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable TNH 290-2022 Prime N/A P,- v Uncompleted Total Contract Amount Amount Sublet to others Amount $1,837,267.00 N/A $1,750,000.00 6. Agency/Owner Award Date Completion Date Town of Smithtown-Callahan Beach-Phase 1 9-20-2022 0cF 2023 Contact Person Telephone No. Designer Architect and/or Design Engineer Brian Heinrichs-Town of Smithtown 631-269-1122 —1 Ha duck Engineering, Inc. Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable Prime or Sul 22-057 TiPrime N/A 1,650,000.00 T wract Amount 4 Amount Sublet to others 7� Total Co Uncompleted Amount $2,119,800.00 N/A 7. Agency/Owner Award Date Completion Date NYS DOT-Preventive Maintenance Drainage-Various Locations 12-15-2020 May 2023 Contact Person Telephone No. 13.esigner-Architect and/or Des' E Tom Temistokle, P.E. .631-952-6032 lArea Construct. Super-MVS 68119-eRregion 10 Hauppauge, Ny Contract No. Prime or Sub Joint Venture(N)Name,if applicable EIN of JV,if applicable D254335 Prime N/A Totalontract Amount Amoun C t Sublet to others Uncompleted Amount $3,904,103.00 N/A $800,000.00 8. Agency/Owner Award Date Completion Date Hudson River Park Trust-Tennis Ct. Reconstruction 8-28-2023 June 2023 Contact Person Telephone No. Designer Architect and/or.Design Engineer -Evan William-HRT-Desi n & const. 917-461-6835 Hudson River Trust Desi_qn & Construct. Contract No. Prime or Sub Joint Venture QV)Name;ifapplicable EIN of JV,if applicable C5204 Prime N/A Amount _ Total Contract Amount Ft Sublet to others Uncompleted Amount $1,006,230.00 N/A $250,000.00 Page 2 of 3 AC 3295-S(4/12) NEWYORKSTATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT B—UNCOMPLETED CONSTRUCTION CONTRACTS Vendor Name: NYS Vendor TD: "'r- f A Town of Brookhaven-Breadwa Beach-,• :;;�` lStabilization-Rocky Point Award Date Completion Date y Upper Area 13-9-2023 1 June 2023 Contact Person el6phone No. Designer Architect and/or Design Engineer L Gil Anderson- LK McLean 631-286-8668 LK McLean Assoc., P.C. Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of N,if applicable 2023007 Prime N/A Total Contract Amount Amount Sublet.to other.- Uncompleted Amount $149,706.00 10. A e cy/Owner N/A $149,706.00 Poah Shore Contracting-Tuscany Estates-Dix Hills I Award Date Completion Date I 112-15-20 June 2023 Contact Person Telephone No. Designer Architeet-and/or Design Engineer Ted Dubicki-NS Contracting 516-676-2772 1 CMG Engineering Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EM of JV,if applicable .2023007 Subcontractor N/A Total Contract Amount Amount Sublet to others Uncompleted Amount $496,052 N/A $209,050.00 LGrand Total All Uncompleted Contracts $0.00 $49,252,448.00 Page 3 of 3 AC 3294-S(4/12) NEWYORK STATE VENDOR-RESPONSIBILITY QUESTIONNAIRE ATTACHNIE,NTA—CONWLETEU CONSTRUCTION CONTRACTS Vendor Name: NYS'Vendor ID: (�pro ec�sjup4o' ,In Amount Date Completed NYC DPR-Ferry Point-Waterfront Path along East River 3-13-2019 $11,293,520.07 3-25-2022 Contact Person .... Designer.............. Engineer Mehdi Sameti-Resident Engineer-Entech203-285-7858 Qu nn 11 Rothschild & Partnership Contract No. Prime or Sub Joint Venture(JV)N4me,if applicable EIN of JV,if applicable X126916M Prime N/A I 2. Agency/Owner Award ard Date Amount Date Completed Nassau Cty.Com.College-Road & parking Renovations-Phase 111 1 2!21-2017 1$14,410,032.45 1 5-9-2022 Contact'Person . Teleplionel4o. Designer-Architect and./or.DesignIngineer Joe Cupani-Resident Engineer-AVC Manag.Co. 917-417-4217 Depart. of Design & Construction-NCCC Contract-No. Prime or Sub Joint Venture-(JV)-Name,.ifapplicableEIN of JV,if applicable B70092-01 S Prime N/A 3. Agency/Owner Award Date Amount Date Completed Suffolk County DPW-East Hampton-Springs-Fireplace Rd. Dec. 2016 $6,923,444.14 1 12-31-2021 Contact Person Telephone No. Designer Architect and/or Design Engineer Jim Bustamante-Engin ering 631=852-4002 SCDPW-Engineering Contract No. Prime or Sub JbintVienture.(JV)-Name;if applicable EIN of JV,if applicable 5557 Prime N/A 4. Agency/Owner Award Date Amount Date Completed NYS OGS-Wards Island-Reconf.Bidg.1 02 Parking Lot&Replace Meyer Bldg.Sidewalks-Mahantan P.C. March 1, 2019 $8,637,172.00 April 2021 8,63 Contact Person Telephone No. Designer-Archiwdt.and./orIX§ign.Engineer Ernst Essah-TDX Construct. Mgr. 212-655-8970 NYS OGS Design & Construct. & Environ.Design Partners, LLP Contract No. Prime or Sub Joint-Venture(JV)Name,if applicable -EIN of JV,if applicable Q1737-C Prime WA 1 5. Agency/Owner Award Date Amount Date Completed Village of Hewlett Harbor/2020 Drainage Improvements Sept. 15,2020 1$3,582,576.00 1 9-20-2021 ContactPerson Telephone No. Designer Architect.:and-/or Design Engineer Roger Cocchi, PE 516-364-9890 D & B Engineers &Architects, PE Contract No. Prime or Sub Joint Venture(JV)Name;if applicable EIN of JV,if applicable P&B No. 3702 Prime N/A Page 1 of 2 AC 3294-S(4/12) NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT A.—COMPLETED CONSTRUCTION CONTRACTS Vendor Name: NYS Vendor ID: 5. t.o Aati,-,, 6. Agency/Owner Award Date $Amount Date Completed Town of Oyster Bay-Massapequa Flood Diversion#3 112-14-2020 $3,582,576.00 112-23-2022 Contact Person Telephone-No. -Designer Architect and./or Design Engineer Russell Scott 631-427-5665 ext.213 Nelson & Pope Engineering , Contract No. Prime or.Sub Joint Venture(JV)Name,JT;applicable EIN of TV,if applicable H 18-171-P2 Prime N/A 7. Agency/Owner Award_Date Amount Date Completed Town of Babylon-Carl's River-Water Shed-Sunrise Highway T 1-22-2021 $2,853,529.29 10-27-2022 CbhtactPerson Telephone"No. D-dsigtfer,Architbct and/or Design Engineer Steve Normandia 631-891-3202 NV5 Architect Contract No. Prime or Sub loirit-Venture, EIN of TV,if applicable Bid No.20G73 Prime N/A I Award Date 8: Agency/Owner Amount Date Completed SCCC-Procurement Office-Suffolk Cry Com.College-Ammerman Campus-Parking Lot Expansion 5-14-2020 7June 2021 Contact Person Telephone No. Designer Archiiccf and/or Design Engineer Steve Normandia 631-891-3202 NV5 Architect Contract No. Prime or Sub !dib_tVehtum(JV)Name,if applicable EIN of JV,if applicable BD20-03 I Prime N/A 9. Agency/Owner Award Date Amount Date Completed NYS OGS-NYC Children Center-Bldq. 55 & 56 1-22-2021 $1,289,348.00 10-2022 Contact Person T&Iephone,No. DesignerArchftect and/or Design Engineer Cindy Connelly-OGS-contract Manag. Special. 518-474-0237 NYS OGS-Design &Construction Contract No. Prime or Sub Joint Venture.(37V)Name,if applicable EIN of JV,if applicable 46026C Prime N/A I 1-7-20 1 .$444,2 11-28-2022 Memorial 10. Agency/Owner Award.Date Amount Date Completed Village of Rockville Centre-Mill River Greenwa Y_ighe Field M F 2 53.19 Contact Person Telephond:No. Degig'ner Architect andIo-eDekigmEngineer Dean Tarulli-GOSR 516-578-5648 MJ engineering, Land Surveying Contract No. Prime or Sub Joint Venture.M- Name,ifapplicable EIN of JV,if applicable Bid No-2010CD3(1002) Prime N/A Page 2 of 2 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 Capacity See Attached 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? See equipment list attached 10. Bank References: BankUnited 445 Broad Hollow Rd.,Ste.130,Melville,NY11747 Jen Dodd-Operations Manager 631-454-4729 f I. 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? NO QS-3 R fA ZO Pioneer Landscaping and Asphalt Paving, Inc. 1 168 Towline Road, Kings Park, NY 11754 (631) 269-4300 Landscaping lk Asphalt Paving,Inc. EXPERIENCE PIONEER LANDSCAPING&ASPHALT PAVING INC. 168 TOWNLINE ROAD, KINGS PARK, NY 11754(631)269-4300 FAX(631)269-5827 COMPANY OFFICERS: PRESIDENT: Michael Cox, 225 Asharoken Ave., Northport, NY 11768 VICE PRES. Kevin Cox,225 Asharoken Ave., Northport, NY 11768 COMPANY IN BUSINESS: 38 yrs EXPERIENCE BACKGROUND: Michael Cox: Owner,38yrs, capacity: Owner, General Manager Kevin Cox:Vice president-All phases of business Scott Vella-Chief Estimator/Project Manager-over 33 years experience Tom Mahan-Project Manager-25 years+ Field experience Dominick Burk-Field Supervisor-7 Years+ Field&Project experience Victor Rezende-Concrete Supervisor-over 30 years Field&project experience Adam Brodsky-Project Manager-25 years+ Field& project experience Arthur Hildenbrand-Project Manager-over 20 years experience-Field&project experience John Reilly-Project Manager over 25 years experience-Field&Project experience Joseph Trovato-Project manager-over 25 years experience-Field&Project experience , U PMP 616qq, ate Date T. grc Rebar Bending machine 11/32/2017 3O1SCaterpillar excavator 3OSE3 1/31/2018 3O1GCaterpillar skid steer 272D2 1/31/2018 Komatsu excavator PCS6OLC-11 2/7/3018 Plate compactor 4/10/2018 Komatsu excavator PCJ4OLC'11 9/6/2018 Komatsu pay|oaderVVA4DO-O 9/6/2018 Caterpillar track loader 399D3 10/3/2018 Hamm roller H11i 10/15/2018 Hydraulic hammer&coupler 11/1/2018 Komatsu Crawler Dozer D65VVX-17 12/15/3018 VVeightponixBMS truck scale 1/1/2019 3O18Sandvik CU341Crusher 1/1/2019 2O18Edge TS654OStaher 1/1/2019 2O19Komatsu VVA5OD-DLoader 1/8/2019 3O19Caterpillar 2G9O 3/18/2019 ` KonmatsuP[36OLC-11 4/15/2019 Hamm HD11iroller 4/15/2019 HoPenn-Caterpillar milling head 7/18/2019 1Q" bucket for Komatsu PC24Oexc 9/27/3018 2018 Caterpillar 415Ftractor 10/21/3019 2O18Caterpillar Z99DSkid Steer 10/21/3019 Caterpillar XHPnnu|char 11/8/3019 2O17Mack tractor 11/20/3019 Plate Compactor Herc 4/1/2030 VVA47O-QWheel Loader(Edward EhrbapKonnatsu\ 5/6/2020 Caterpillar PR184-PovverBrake Rake (HO Penn) 6/1/3020 PC49OLCi-11Hydraulic Excavator(Ehrbar/Kmnnatsu) 7/1/3020 DS1PXi-Z2Crawler Dozer(Ehbar/Konnatsu) 7/1/3030 PC78US-1OExcavator(Ehrbar/Komnatsu) 7/1/2020 PC138USbC-11Hydraulic Excavator SN:S4838(Ehrbar/Komnatsu) 12/1/2030 Arctic Truck HM4OUSN:1O212Komatsu 3/31/2031 3O31Caterpillar 289D3XE (HO Penn) 6/21/2031 Case S86HForklift 6OOO|bZVVD (HercRentals) 6/21/3021 5andvic 10/1/2031 All Island Equipment-3Sweeper Brooms Model PQHD4 3/31/2022 Caterpillar 3UQE2[RExcavator S/NBXO6OZO 4/18/2032 2D16Caterpillar]OOE2CRSBExcavator S/NBXO6221 4/18/2022 3O19Caterpillar 399D3XHPSkid Steer S/NDX3O4191 4/18/3022 2O18Caterpillar Z99D3XHPSkid Steer S/NDX2O43O1 4/18/3022 2O22Leeboy8S2O8Asphalt Paver s/nQS2O34O8O8 5/23/2022 Spectec/Trai|er-Sandbox 1998S1onegate Interstate/Trailer- Bobcat 1998Stonegate Mack/700[L700 1999Stonegate Interstate/Trailer-Crack Deck 1999 Stonegate GMC Utility Attenuator 2000 Stonegate Great Dane/Trailer- Enc. Big Trailer 2001 Stonegate Raytec/Trailer-Hot Box 2002 Stonegate Isuzu Dump truck 2002 Pioneer Mack/700 CL713 2003 Stonegate Mack/700 CL713 2003 Stonegate Interstate/Trailer-Tractor 2003 Stonegate Interstate/Trailer- Roller 2003 Stonegate Interstate/Trailer-Tractor-PL 2003 Stonegate GMC 2003 Stonegate International/4000 Series 430 2004 Stonegate Rogers Bros/Trailer-Low Boy 2004 Stonegate Chevrolet/C6C- New Service 2004 Stonegate Chevrolet W 45 DELV 2004 Pioneer Interstate/Trailer-Roller PL 2006 Stonegate International/4300 2006 Stonegate GMC C8500 Dump truck 2006 Stonegate Ford Utility Truck 2006 Pioneer International/4000 Series 440 2007 Stonegate Mack/CV713 2007 Stonegate Mack/700 CV713 2007 Stonegate Chevrolet/C6500 2007 Stonegate International/4300 2007 Stonegate Carryon/Trailer-Green Enclosed 2009 Stonegate International/4000 Series 440-Flatbed 2010 Stonegate International 4300 2010 Pioneer Homesteader/Trailer-Tool Box 2011 Stonegate Mistubishi/Fuso FE160 2012 Pioneer GMC/Sierra 1500 W/T 2013 Stonegate Interstate/Trailer 50DLA-Dove Tail 2013 Stonegate GMC/Sierra 2500HD 2013 Stonegate Sealer Trailer/SR-1,000 2013 Stonegate Chevy 2500 SLV 2013 Pioneer Chevrolet/Silverado 1500 2014 Stonegate Freightliner 2015 Stonegate Chevy 3500 Pick Up BI 2015 Pioneer Chevrolet/Tahoe 4DR SUV 2016 Stonegate Chevrolet/Silverado 2500 2016 Stonegate Big Tex 2016 Stonegate Cargo Trailer 2016 Stonegate GMC/YUKON 2017 Stonegate Interstate Trailer/50DLA- Big Dove Tail 2017 Stonegate BWISE-Big Tex Trailer 2017 Mike Cox Jeep-Grand Cherokee- Laredo 2017 Stonegate BWISE 2017 Stonegate BWISE 2017 Stonegate Mack 2017 Pioneer Interstate 50 DLA 2018 Stonegate Chevy Silverado 2018 Stonegate, Interstate 16 BST 2018 Stonegate Interstate 16 BST 2018 Stonegate EZ GO GOLF CART 2018 Stonegate Chevy Silverado 2018 Stonegate Chevy Silverado 2018 Stonegate Chevrolet Silverado 2018 Stonegate Chevrolet Silverado 2018 Stonegate Chevrolet Silverado 2018 Stonegate Rice Trailer 2019 Mike Cox GMC 2020 Mike Cox GMC Yukon 2020 Pioneer Mack GR6F 2020 Pioneer Mac Semi Trailer All Service Funding 2021 Pioneer Cadillac Escalade 2021 Pioneer GMC Sierra Limited 1500 SLT 2021 Pioneer Mac- Dump Semi trailer 2022 Pioneer ' 12,500.00 1,810.0None 55J]001)0 36,004.50 None 50L000.00 37,006.60 None 200,000.00 103,038.78 None 5,000.00 1,861.48 None 185,000.00 114,211.74 . Komatsu 300,000.00 183,575.75 Komatsu 85,000.00 50L618.35 Caterpillar Financial Services Corp. 75,000.00 43,497.44 Komatsu DC\OOO.00 52,631.53 None 185,000.00 109,678.99 Komatsu 35,000'00 34`948.58 None 475,000.00 285,140.75 Wells Fargo ' 70\000.00 43,450.42 Wells Fargo 430,000.00 ' 237,291.67 Komatsu 75,000.00 46,554.00 Caterpillar Financial Services Corp. 300,000'00 176,514'98 Komatsu B{lOOO.00 52,049.67 Komatsu 15,000.00 14`356.31 None 2,500.00 2,445.71 None 80,000.00 . 67,371.19 Caterpillar Financial Services Corp. 85,000.00 69,234.53 Caterpillar Financial Services Corp. 30,000.00 27,835.64 None 95,000.00 69,451.58 Mack 3,800.00 3,780.45 None 365�000.00 266,361'15 Komatsu 10,000.00 7,972'08 None 435,000.00 319,237'17 Komatsu 190L000.00 151,857.17 None 75,000.00 57,804'23 Komatsu 150,000.00 116,836.26 Komatsu 312,136.03 253,682.03 None 106,000.00 89,595.67 Caterpillar Financial Services Corp. 24,114.75 20,383.19 None 375,000.00 334,821.00 Peoples United 15,750.63 15,187'63 None 97,763.50 94,270.50 Peoples United 97,762.50 94,270.50 Peoples United 65,175.00 62,847.00 Peoples United 70L606.25 68,084.35 Peoples United 239,000.00 247,118.00 Bank West VIVP 7,500 Trailer None 28,000 Trailer None 140,000 Extra Heavy Truck/Tractor None 30,000 Trailer None 31,034 Medium Truck None 4,500 Trailer None 25,000 Trailer None 11,000 Light Truck None 135,000 Extra Heavy Truck None 135,000 Extra Heavy Truck None 35,000 Trailer None 35,000 Trailer None 35,000 Trailer None 61,605 Heavy Truck None 80,000 Extra Heavy Truck None 35,000 Trailer None 40,289 Heavy Truck None 17,000 Light Truck None 35,000 Trailer None 61,167 Heavy Truck None 48,840 Heavy Truck None 6,000 Utility None 80,000 Extra Heavy Truck None 131,997 Extra Heavy Truck None 131,997 Extra Heavy Truck None 49,440 Heavy Truck None 65,006 Heavy Truck: None 4,000 Trailer None 80,000 Heavy Truck None 38,019 Heavy Truck None 4,500 Trailer None 46,100 Private Passenger None 24,975 Light Truck- Passenger None 27,500 Trailer None 48,393 Light Truck- Passenger None 18,275 Trailer None 33,335 Light Truck- Passenger None 33,326 Light Truck- Passenger None 36,785 Light Truck None 50,425 Medium Truck None 61,125 Private Passenger None 36,330 Light Truck- Passenger None 7,000 Trailer None 3,500 Trailer None 62,105 Private Passenger None 30,000 Trailer None 13,200 Trailer None 33,790 Private Passenger - None 7,466 Trailer None 10,264 Trailer None 203,457 Extra heavy truck None 30,000 Trailer None 44,005 Light Truck-Passenger None 10,900 Trailer None 10,900 Trailer None 12,151 Golf Cart None 44,005 Light Truck- Passenger None 40,615 Light Truck- Passenger None 49,694 Light Truck-Passenger None 49,694 Light Truck-Passenger None 49,694 Light Truck-Passenger None 4,340 Trailer None 78,224 Medium Truck Ally 65,910 Private Passenger GMC Financial 226,924 Heavy Truck Mack 92,000 Dump Semi-trailer None 110,105 Private Passenger None 55,908 Light Truck-Passenger None 93,520 Dump Semi-trailer None 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. S"FATE OF ) COUNTY OF ) Kevin Cox being duly sworn deposes and says that he is the Vice president of Pioneer Landscaping&Asphalt Paving,Inc contractor and that answers to the foregoing questions and all statements therein contained are true and correct. ( ignatur of person who si(Yned bid) Sworn to before me this 1fA day o�2023 Notary Public � I� Commission Expiration Date: OVA-51 Elsie Wilmer Notary / Notary Public, State of New York No.01W16206543 Qualified in Suffolk County Commission Expires May 18,20as QS-4 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES CONTENTS Independent Accountants' Review Report................................................................................I Combined Financial Statements CombinedBalance Sheet..........................................................................................................2-3 Combined Statement of Income...................................................................................................4 Combined Statement of Changes in Equity.................................................................................5 Combined Statement of Cash Flows.........................................................................................6-7 Notes to Combined Financial Statements.............................................................................8-25 Independent Accountants' Review Report on Supplementary Information........................26 Supplementary Information CombiningBalance Sheet..........................................................................................................27 Combining Statement of Income...............................................................................................28 Combining Statement of Changes in Equity....................................................................:.........29 Schedule I Contract Receivables ..............................................................................................30 Schedule II Combing Earnings from Contracts.........................................................................31 Schedule III Contracts Completed.............................................................................................32 Schedule IV Contracts in Process..............................................................................................33 Schedule V Contract Assets and Liabilities by Contract...........................................................34 Combining Schedule of Contract Costs.....................................................................................35 Combining Schedule of General and Administrative Expenses................................................36 MARCUM ACCOUNTANTS A ADVISORS INDEPENDENT ACCOUNTANTS' REVIEW REPORT To The Owners' Pioneer Landscaping &Asphalt Paving,Inc. and Affiliates Report on the Financial Statements We have reviewed the accompanying combined financial statements of Pioneer Landscaping & Asphalt Paving, Inc. and Affiliates which comprise the combined balance sheet as of December 31,2022,and the related statements of income,changes in equity,and cash flows for the year then ended, and the related notes to the combined financial statements. A review included primarily applying analytical procedures to management's financial data and making inquiries of company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the combined financial statements as a whole.Accordingly,we do not express such an opinion. Management's Responsibility for the Financial Information Management is responsible for the preparation and fair presentation of the combined financial information in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountants'Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. We are required to be independent of Pioneer Landscaping &Asphalt Paving, Inc. and Affiliates and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our review. Accountants'Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying combined financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Melville,New York June 13, 2023 1 Marcum LLP ■ 10 Melville Park Road ■ Melville, New York 11747 ■ Phone 631.414.4000 ■ www.marcumllp.com PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES f COMBINED BALANCE SHEET DECEMBER 31,2022 Assets Current Assets Cash $ 1,219,534 Contract receivables, net of allowance for doubtful accounts of$122,000 9,013,735 Contract assets, including conditional retainage of$1,282,119 and unbilled receivable of$185,017 4,586,445 Rent receivable 44,600 Prepaid income taxes 18,619 Prepaid expenses and other current assets 1,032,200 Total Current Assets 15,915,133 Property and Equipment,Net 6,418,027 Other Assets Advances to employees 175,237 Advances to affiliates 1,099,803 Advances to stockholders 307,628 Total Other Assets 1,582,668 Total Assets $ 23,915,828 See accompanying notes and independent accountants'review report. 2 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES COMBINED BALANCE SHEET (CONTINUED) DECEMBER 31,2022 Liabilities and Equity Current Liabilities Line of credit $ 4,595,000 Current maturities of long-term debt 1,803,706 Accounts payable 8,276,592 Contract liabilities, net of conditional retainage of$218,346 81,239 Income taxes payable 2,250 Accrued loss on contracts in progress 69,075 Accrued expenses and other current liabilities 47,059 Total Current Liabilities 14,874,921 Long-Term Liabilities Long-term debt, less current maturities 1,024,400 Advances from affiliates 212,931 Deferred income taxes 86,000 Total Long-Term Liabilities 1,323,331 Total Liabilities 16,198,252 Equity Common stock, at stated value 6,000 Additional paid-in capital 75,232 Members' capital 1,055,276 Retained earnings 6,581,068 Total Equity 7,717,576 Total Liabilities and Equity $ 23,915,828 See accompanying notes and independent accountants'review report. 3 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES COMBINED STATEMENTS OF INCOME FOR THE YEAR ENDED DECEMBER 31,2022 Contract Revenues Earned $ 41,512,530 Contract Costs 36,511,894 Gross Profit on Construction 5,000,636 General and Administrative Expenses 5,403,704 Loss from Operations (403,068) Other Income (Expense): Interest expense (328,145) Forgiveness of debt- Paycheck Protection Program 1,488,184 Gain on sale of Property and Equipment 42,271 Rental income 154,735 Total Other Income 1,357,045 Income Before Provision for Income Taxes 953,977 Provision for Income Taxes 126,239 Net Income $ 827,738 See accompanying notes and independent accountants'review report. 4 PIONEER LANDSCAPING&ASPHALT PAVING,INC. AND AFFILIATES COMBINED STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED DECEMBER 31,2022 Common Stock Additional Retained Members' Total Shares Amount Paid in Capital Earnings Capital Equity Balance-January 1,2022 200 $ 6,000 $ 75,232 $ 6,282,477 $ 1,113,439 $ 7,477,148 Net income -- -- -- 745,401 82,337 827,738 Less distributions -- -- -- (446,810) (140,500) (587,310) Balance-December 31,2022 200 $ 6,000 $ 75,232 $ 6,581,068 $ 1,055,276 $ 7,717,576 See accompanying notes and independent accountants'review report. 5 PIONEER LANDSCAPING & ASPHALT PAVING,INC. AND AFFILIATES COMBINED STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31,2022 Cash Flows From Operating Activities: Cash received from construction contracts $ 39,346,398 Rental income 148,435 Cash Provided By Operating Activities 39,494,833 Cash paid for contract costs (33,135,660) Cash paid for general and administrative costs (5,721,494) Interest.paid (328,145) Income taxes paid (80,486) Cash Disbursed For Operating Activities (39,265,785) Net Cash Provided By Operating Activities 229,048 Cash Flows from Investing Activities: Proceeds on sale of property and equipment 193,300 Cash Provided By Investing Activities 193,300 Purchase of property and equipment (440,857) Cash Disbursed For Investing Activities (440,857) Net Cash Used In Investing Activities (247,557) Cash Flows from Financing Activities: Repayments from advances to stockholder 1,500,000 Repayments from advances to affiliates 902,746 Cash Provided By Financing Activities 2,402,746 Repayments of note payable-bank (405,000) Advances to stockholders (80,000) Principal payments of long-term debt (831,798) Repayments to advances from affiliates (6,850) Distributions to members (140,500) Distributions to stockholders (446,810) Cash Disbursed For Financing Activities (1,910,958) Net Cash Provided By Financing Activities 491,788 Net Increase in Cash 473,279 Cash,Beginning of Period 746,255 Cash,End of Period $ 1,219,534 See accompanying notes and independent accountants'review report. 6 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES COMBINED STATEMENT OF CASH FLOWS (CONTINUED) FOR THE YEAR ENDED DECEMBER 31,2022 Reconciliation of Net Income to Net Cash Provided by Operating Activities: Net Income $ 827,738 Adjustments to Reconcile Net Income to Net Cash Provided By Operating Activities Depreciation and amortization 1,354,043 Gain on sale of property and equipment (42,271) Deferred income taxes 37,000 Forgiveness of debt under the Paycheck Protection Program (1,488,184) Changes in assets (increase) decrease: Contract and receivables (124,850) Contract assets (1,903,542) Rent receivable (6,300) Prepaid expenses and other current asssets (412,250) Prepaid income taxes 7,628 Changes in liabilities increase(decrease) Accounts payable 2,008,467 Contract liabilities (68,665) Income taxes payable 1,125 Accrued expenses and other current liabilities 39,109 Total Adjustments (598,690) Net Cash Provided By Operating Activities $ 229,048 Schedule of Non-Cash Investing and Financing Activities Property and equipment acquired under long-term financing $ 605,928 See accompanying notes and independent accountants'review report. 7 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES PRINCIPLES OF COMBINATION The combined financial statements include the accounts of Pioneer Landscaping & Asphalt Paving, Inc. ("Pioneer"), Stonegate Equipment Corp. ("Stonegate"), MLC Holdings, LLC ("MLC"), and COX & Sons, LLC ("COX") together, ("the Company") which are affiliated by virtue of common ownership and control.All significant inter-company transactions have been eliminated in combination. The Company adopted Accounting Standards Update (ASU) 2018-17, Consolidation: Targeted Improvements to Related Party Guidance for Variable Interest Entities.Under ASU 2018-17, the accounting alternative allows a reporting entity to forego the consideration of whether a commonly controlled legal entity is a variable interest entity (VIE) and if so, whether the reporting entity is the "primary beneficiary" under accounting rules that require consolidation of the VIE in the reporting entity's financial statements and accordingly, the Company does not consolidate such entities. BUSINESSACTIVITY Pioneer serves as an asphalt paving contractor performing construction of asphalt parking lots and roadways for commercial clients and related masonry services. The length of Landscaping's contracts varies but typically ranges from one to two years. Stonegate provides subcontractor services to Pioneer. Pioneer and Stonegate were incorporated under the laws of the State of New York. MLC owns real estate property rented to related and unrelated parties. COX owns the office buildings where the companies maintain their operations. MLC and COX were formed in the State of New York as limited-liability companies(LLCs). REVENUE RECOGNITION Pioneer and Stonegate follow Accounting Standards Codification(ASC) 606, Revenue from Contracts with Customers (ASC 606). For contracts that are within the scope of FASB ASC 606, the Company performs the following five steps: (1) identify the contract(s) with a customer; (2) identify the performance obligations in the contract; (3) determine the transaction price; (4) allocate the transaction price to the performance obligations in the contract;and(5)recognize revenue when(or as)the entity satisfies a performance obligation. 8 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) PERFORMANCE OBLIGATION AND RECOGNITION MODEL Pioneer and Stonegate evaluates whether two or more contracts should be combined and accounted for as one single performance obligation and whether a single contract should be accounted for as more than one performance obligation. ASC 606 defines a performance obligation as a contractual promise to transfer a distinct good or service to a customer. A contract's transaction price is allocated to each distinct performance obligation and recognized as revenue when, or as, the performance obligation is satisfied. Pioneer and Stonegate's evaluation requires significant judgment and the decision to combine a group of contracts or separate a contract into multiple performance obligations could change the amount of revenue and profit recorded in a given period. Pioneer and Stonegate's contracts have a single performance obligation, as the promise to transfer the individual goods or services is not separately identifiable from other promises in the contract and, therefore, is not distinct. If Pioneer and Stonegate determine they have contracts with multiple performance obligations, Pioneer and Stonegate will allocate the contract's transaction price to each performance obligation using the observable stand-alone selling price, if available, or alternatively the best estimate of the stand-alone selling price of each distinct performance obligation in the contract. The primary method used to estimate stand-alone selling price is the expected cost plus a margin approach for each performance obligation. Revenue related to contracts with customers is recognized over time as work is completed due to the continuous transfer of control to the customer, typically using an input measure such as costs incurred to date relative to total estimated costs at completion to measure progress. Costs that do not depict progress toward satisfaction of the performance obligation are included in contract costs but may not result in revenue being recognized, for example when such costs are attributable to significant unanticipated inefficiencies that were not included in the price of the contract or significant re-work. At times costs may be incurred that are not reflective of the Pioneer and Stonegate's progress towards satisfaction of the performance obligation which may result in revenue being recognized only to the extent of such costs without any profit, for example uninstalled materials that are (1) not distinct, (2) control is transferred to the customer significantly before integration of the goods into the project, (3)cost of the transferred goods are significant relative to the total estimated costs of satisfying the performance obligation, and (4) Pioneer and Stonegate is not significantly involved in designing or manufacturing the goods. 9 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) PERFORMANCE OBLIGATIONAND RECOGNITION MODEL(CONTINUED) Revenue on contracts with customers is measured based on consideration specified' in a contract with a customer,and excludes any amounts collected on behalf of third parties.Taxes assessed by a governmental authority that are both imposed on and concurrent with a specific revenue-producing transaction,that are collected by Pioneer and Stonegate from a customer, are excluded from revenue. Contract revenues are primarily derived from fixed-price construction contracts. Pioneer and Stonegate have determined that generally these fixed-price construction projects provide a distinct service and, therefore, qualify as one performance obligation as the promise to transfer the individual goods or services is not separately identifiable from other promises in the contracts and, therefore, not distinct. Revenue is recognized over time, because of the continuous transfer of control to the customer as work is performed at the customer's site and, therefore, the customer controls the asset as it is being constructed. The cost-to-cost measure of progress best depicts the transfer of control of assets to the customer,which occurs as costs are incurred. Cost of revenues earned include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation costs.The cost of significant uninstalled materials,re-work,or scrap is generally excluded from the cost-to-cost measure of progress as it is not proportionate to the entity's progress in satisfying the performance obligation. Costs to fulfill a contract, including mobilization costs, prior to substantive work beginning are capitalized as incurred and amortized over the expected duration of the contract. As of December 31,2022, Pioneer and Stonegate had no capitalized costs to fulfill contracts. General and administrative costs are charged to expense as incurred.Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Pioneer and Stonegate's contracts may include retention provisions to provide assurance to customers that the Company will perform in accordance with the contract terms. The retention provisions are not considered a significant financing component. The balances billed but not paid by customers pursuant to these provisions generally become due upon completion and acceptance of the project by the customer. Pioneer and Stonegate have determined that there are no significant financing components included in construction contracts as of December 31, 2022. 10 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) CONTRACT ESTIMATES INCLUDING CLAIMS, UNAPPROVED CHANGE ORDERS AND VARIABLE CONSIDERATION Accounting for long-term contracts with customers involves the use of various techniques to estimate total transaction price, total estimated costs at completion, and progress toward satisfaction of performance obligations which are used to recognize revenue earned. Unforeseen events and circumstances can alter the estimate of the costs associated with a particular contract. Total estimated costs at completion can be impacted by changes in productivity, scheduling, the unit cost of labor, subcontracts, materials, and equipment. Additionally,external factors such as weather,customer needs, customer delays in providing permits and approvals, labor availability, governmental regulation and politics may affect the progress of a project's completion, and thus the timing and amount of revenue recognition. To the extent that original cost estimates are modified, estimated costs to complete increase, delivery schedules are delayed,or progress under a contract is otherwise impeded,cash flow, revenue recognition, and profitability from a particular contract may be adversely affected. The nature of Pioneer and Stonegate's contracts gives rise to several types of variable consideration, including contract modifications (unapproved change orders and claims), liquidated damages,volume discounts,performance bonuses, shared savings, incentive fees, and other terms that can either increase or decrease the transaction price. Transaction price for contracts is required to include evaluation of variable consideration to which Pioneer and Stonegate has an enforceable right to compensation or obligation for a reduction in transaction price (as for liquidated damages), which can result in increases or decreases to a contract's transaction price. Pioneer and Stonegate estimate variable consideration as the most likely amount to which it expects to be entitled. Pioneer and Stonegate include variable consideration in the estimated transaction price to the extent it is probable that a significant reversal of cumulative revenue recognized will not occur when the uncertainty associated with the variable consideration is resolved. The estimates of variable consideration and determination of whether to include estimated amounts in the transaction price are based largely on an assessment of the anticipated performance and all information(historic,current, and forecasted)that is reasonably available to Pioneer and Stonegate. The effect of a change in variable consideration on the transaction price of a performance obligation is recognized as an adjustment to revenue on a cumulative catch-up basis. Contract modifications can result from changes in contract specifications or requirements that either creates new or changes existing enforceable rights and obligations of the parties to the contract. Pioneer and Stonegate consider unapproved change orders to be contract modifications for which customers have agreed to changes in the scope of the contract but have not agreed to the price. 11 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) CONTRACT ESTIMATES INCLUDING CLAIMS, UNAPPROVED CHANGE ORDERS AND VARL4BLE CONSIDERATION(CONTINUED) Pioneer and Stonegate consider claims to be contract modifications for which Pioneer and Stonegate has sought, or will seek,to collect from customers, or others, for customer-caused changes in contract specifications or design, or other customer-related causes of unanticipated additional contract costs on which there is no contractual agreement with the customer for changes in either the scope or price of the contract. Claims can also be caused by non-customer-caused changes, such as weather delays, work stoppages or other unanticipated events. Costs associated with contract modifications are included in the estimated costs to complete the contracts and are treated as project costs when incurred. In most instances, contract modifications are for goods or services that are not distinct and, therefore, are accounted for as part of the existing contract.In those instances,the effect of a contract modification on the transaction price, and the measure of progress for the performance obligation to which it relates, is recognized as an adjustment to revenue on a cumulative catch-up basis. To the extent unapproved change orders and claims reflected in the transaction price are not resolved in the Pioneer and Stonegate's favor, or to the extent other contract provisions reflected in the transaction price are not earned, there could be reductions in or reversals of previously recognized revenue. As a significant change in one or more of these estimates could affect the revenue and profitability of the Pioneer and Stonegate's long-term construction contracts, Pioneer and Stonegate reviews and updates contract-related estimates regularly. Pioneer and Stonegate recognize adjustments in estimated revenue on contracts on a cumulative catch-up basis. Under this method, the cumulative impact of the revenue adjustment is recognized in the period the adjustment is identified. Revenue in future periods of contract performance are recognized using the adjusted estimate. If at any time the contract estimates indicate an anticipated loss on a contract, the projected loss is recognized in full, including the reversal of any previously recognized profit, in the period it is identified and recognized as an accrued loss on uncompleted contracts on the consolidated balance sheet. No adjustments resulting from revisions to estimates on any individual contract were material to the combined financial statements for the year ended December 31,2022. In accordance with FASB ASC 840, MLC and Cox's rental arrangements are classified as operating leases and, therefore, they recognize lease and commercial rental revenue on a' straight-line basis as it becomes receivable over the term of the lease or rental arrangement. 12 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE I-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) CONTRA CTASSETS AND LIABILITIES The timing of revenue recognition, billings, and cash collections result in contracts receivable, retainage receivable, contract assets and contract liabilities on the accompanying combined balance sheet. Included in contract assets is revenue in excess of billings and conditional retainage on uncompleted contracts.Included in contract liabilities is billings and conditional retainage in excess of revenue earned on uncompleted contracts. Also included in contract assets and contract liabilities is "conditional retainage" representing work performed by Pioneer for a customer that is retained pending the completion of the terms within the contract. Upon completion of the contract terms the conditional retainage is billed and collectible based on the passage of time at which time the amount is presented as a retainage receivable. On a contract-by-contract basis,the conditional retainage is included in the contract asset "revenue in excess of billings and conditional retainage on uncompleted contracts" and contract liability "billings and conditional retainage in excess of revenue earned on uncompleted contracts"to arrive at a net contract asset or liability by contract. USE OF ESTIMATES The preparation of the financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. Management periodically evaluates estimates used in the preparation of the financial statements for continued reasonableness.Adjustments, if any,to the estimates used are made prospectively based upon such periodic evaluation. CASH The Company had deposits in financial institutions that maintained FDIC deposit insurance limiting coverage to $250,000 per depositor at December 31, 2022. The excess over $250,000 for each financial institution represents a credit risk to the Company. BALANCE SHEET CLASSIFICATIONS The Company includes in current assets and liabilities retainage receivable and payable and conditional retainage under construction contracts that may extend beyond one year. A one- year time period is used as classifying all other current assets and liabilities. 13 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) PROPERTYAND EQUIPMENT Property and equipment is stated at cost. Depreciation and amortization is computed using a straight-line method over the estimated useful lives of the assets, which range from 5 to 39 years. Leasehold improvements are amortized over the useful lives of the related assets. Additions, renewals, and betterments that significantly extend the life of an asset are capitalized. Expenditures for repairs and maintenance are charged to operations as incurred. For assets sold or otherwise disposed of, the cost and related accumulated depreciation and amortization are removed from the accounts, and any related gain or loss is reflected in income for the period. CONTRACTS AND RETAINAGE RECEIVABLE CREDIT POLICIES Contracts and retainage receivable from performing general contracting work is based on contracted prices. When payment of the retainage is contingent upon the Company fulfilling its obligations under the contract it does not meet the criteria to be included in contracts receivable and remains in the contract's respective contract asset or contract liability, determined on a contract-by-contract basis. Retainage for which the Company has an unconditional right to payment that is only subject to the passage of time is included in contracts and retainage receivable. The Company provides an allowance for doubtful collections which is based upon a review of outstanding receivables, historical collection information, and existing economic conditions. Normally contracts receivable are due 30 days after the date of requisition. Contract retentions are usually due 30 days after completion of the project and acceptance by the owner. Delinquent receivables are written off based on individual credit evaluation and specific circumstances of the customer. IMPAIRMENT OF LONG-LIVED ASSETS The carrying values of long-lived assets,which include property and equipment and leasehold improvements, are evaluated periodically for impairment. Impairment losses are recognized when indicators of impairment are present and undiscounted cash flow estimated to be generated by Companies' long-lived assets are less than the carrying amount of such long- lived assets. The amount of the impairment loss, if any, is determined by comparing the carrying amount of the Companies' investments to their estimated fair value. No impairment losses have been recognized for the year ended December 31, 2022. 14 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) ADVERTISING COSTS Advertising costs are expensed as incurred. Advertising costs for the year ended December 31, 2022 was $3,137. ADOPTION OF FASB ASC 842 Effective January 1, 2022, the Company adopted FASB Accounting Standards Codification (ASC) 842,Leases(ASC 842). The Company determines if an arrangement contains a lease at inception based on whether the Company has the right to control the asset during the contract period and other facts and circumstances. The Company elected the package of practical expedients permitted under the transition guidance within the new standard, which among other things, allowed it to carry forward the historical lease classification. The Company elected the short-term lease recognition exemption for all leases that would qualify. During the year ended December 31,2022 the Company did not have any leases that qualified for ASC 842 recognition. INCOME TAXES Pioneer and Stonegate have elected by consent of its stockholders to be taxed under the provisions of Subchapter S of the Internal Revenue Code and for New York State purpose. Under those provisions, Pioneer and Stonegate do not pay Federal or State corporate income taxes on its taxable income. Instead, the stockholders are individually liable for Federal and State income taxes on Pioneer and Stonegate's taxable income. The accompanying provision for income taxes represent New York City corporation tax. MLC and Cox are limited liability companies. Generally, income taxes have not been provided for MLC and Cox because the members have elected to have these entities treated as partnerships for income tax purposes as provided in the Internal Revenue Code. As such, MLC's and Cox's income or loss and credits are passed through to the members and reported on their individual income tax returns. MLC and Cox prepare their income tax returns utilizing the cash basis method of accounting. Under this method, revenues are recognized when received and expenses are recognized when paid. The Company accounts for income taxes utilizing FASB ASC No. 740 "Income Taxes" which requires that they follow the liability method of accounting for income taxes. The liability method provides that deferred tax assets and liabilities are recorded based on the difference between the tax basis of assets and liabilities and their carrying amounts for financial reporting purposes, referred to as "temporary differences." 15 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(CONTINUED) INCOME TAXES(CONTINUED The Company accounts for uncertainties in income taxes under the provisions of FASB ASC No. 740. Among other things,FASB ASC No. 740 provides guidance to address uncertainty in tax positions and clarifies the accounting for income taxes by prescribing a minimum threshold which income tax positions must achieve before being recognized in the financial statements. FASB ASC No. 740 requires that the tax effect of a position be recognized only if it is "more likely than not" to be sustained based solely on its technical merits as of the reporting date. PASS-THROUGH ENTITY TAX The Tax Cuts and Job Act of 2017 limited an individual's state and local tax deduction to $10,000, and states have been exploring pass-through entity tax workarounds in response. In November 2020, the Internal Revenue Service provided guidance to allow state tax deductions at the pass-through entity level. Each state's workaround is unique and creates complexities with respect to the tax impacts of the pass-through entity tax("PTET")for each entity and its owners. New York State enacted the PTET effective for tax years beginning on or after January 1, 2021. PTET allows pass-through entities to elect to pay the New York State tax due on the members' share of allocable income of the Company; such election is made on an annual basis. The Company has chosen to make the election. Tax expense related to the PTET on behalf of its members amounted to $30,000 which is included in income tax expense on the combined statement of income for the year ended December 31, 2022. Since the Company has determined that the change in tax status occurs within a single accounting period, no deferred income taxes have been recorded in these financial statements. PENSIONPLANS Pioneer maintains a safe harbor 401k/profit sharing plan for all eligible full-time non-union employees with a minimum of three months of service. The Company contributes a safe harbor non-elective contribution of 3%and may, at its discretion, make a discretionary 401k profit sharing contribution to eligible employees with at least one year of service. Employer contributions to the 401k profit sharing plan are determined by an annual resolution of the Board of Directors. Pioneer has accrued a provision for a safe harbor and 401 k profit sharing contribution of$39,109 for the year ended December 31, 2022. An independent party has been selected to administer the plan. 16 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 2-REVENUE REMAINING PERFORMANCE OBLIGATIONS Remaining performance obligations represent the transaction price of construction contracts for which work has not been performed.As of December 31,2022,the aggregate amounts of the transaction prices of the remaining performance obligations of Pioneer's construction contracts amounted to $46,276,567. The following schedule shows a reconciliation of the remaining performance obligations at December 31, 2022: Balance, December 31, 2021 $ 31,333,689 New contracts and adjustments 56,455,408 87,789,097 Less contract revenues earned for the year ended December 31, 2022 41,512,530 Balance,December 31, 2022 $ 46,276,567 Remaining construction performance obligations represent the remaining transaction price, including variable consideration, for which work has not been performed. The Company expects to recognize all of the remaining performance obligations over the next 12 to 24 months. NOTE 3-CONTRACT ASSETS AND LIABILITIES The following table provides information about contract assets: Balance as of Balance as of December 31, 2022 January 1, 2022 Contract Assets Conditional retainage $ 1,282,119 $ 236,335 Unbilled receivables on completed contracts 185,017 10,746 Revenue in excess of billings and conditional retainage on uncompleted contracts 3,119,309 2,435,822 Total Contract Assets $ 4,586,445 $ 2,682,903 17 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 3-CONTRACT ASSETS AND LIABILITIES(CONTINUED) The following table provides information about contract liabilities: Contract Liabilities Billings and conditional retainage in excess of revenue on uncompleted contracts $ 299,585 $ 228,836 Conditional retainage (218,346) (9,857) Total Contract Liabilities $ 81,239 $ 218,979 NOTE 4-CONTRACTS RECEIVABLE The following is a summary of contracts receivables Balance as of Balance as of December 31,2022 January 1,2022 Contracts Receivable Contracts in progress $ \ 6,797,405 $ 2,347,164 Completed contracts 1,624,805 5,309,157 8,422,210 7,656,321 Retainage on Completed Contracts 713,525 1,354,564 9,135,735 9,010,885 Less allowance for doubtful accounts 122,000 122,000 $ 9,013,735 $ 8,888,885 18 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 5-COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS The following is a summary of contracts in progress at December 31, 2022 Costs incurred on uncompleted contracts $ 31,466,559 Estimated earnings 3,515,499 Contract revenue earned on uncompleted contracts 34,982,058 Billings to date(including unbilled retainage) 32,162,334 Less:Conditinal retainage and unbilled receivable 1,685,482 Billings to date(excluding unbilled retainage) 30,476,852 $ 4,505,206 These amounts are included in the accompanying combined balance sheets under the following captions at December 31, 2022 Contract assets $ 4,586,445 Contract liabilities (81,239) $ 4,505,206 NOTE 6-PROPERTY AND EQUIPMENT Property and equipment is summarized as follows: Land $ 365,502 Building and building improvements 2,464,731 Machinery and equipment 10,012,216 Transportation equipment 3,262,221 Furniture and futures 126,790 Computer software 42,448 16,273,908 Less:Accumulated depreciation and amortization 9,855,881 $ 6,418,027 Depreciation and amortization expense related to property and equipment amounted to $1,354,043 for the year ended December 31, 2022, of which $1,298,692 has been included in contract costs. 19 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 7—RELATED PARTY TRANSACTIONS At December 31, 2022, Pioneer has advanced funds to an uncombined related affiliate aggregating$1,099,803. Pioneer was repaid$902,746 of advances from affiliates during the year ending December 31, 2022.The advances are non-interest bearing and are not expected to be repaid within the next twelve months. At December 31, 2022, Pioneer has advanced funds to the stockholders aggregating $307,628. A stockholder was repaid $1,500,000 and another stockholder was advanced $80,000 during the year ending December 31, 2022. The advances are non-interest bearing and are not expected to be repaid within the next twelve months. At December 31, 2022, the Company has been advanced funds from uncombined affiliates aggregating $212,931 The affiliates were repaid $6,850 by Pioneer during the year ended December 31, 2023. The advances are non-interest bearing and are not expected to be repaid within the next twelve months. NOTE 8-LINE OF CREDIT Pioneer entered into an agreement with its financial institution and may borrow up to $6,000,000 under their line of credit facility. Interest is charged monthly at the bank's prime rate (7.5% at December 31, 2022) plus .5%. The line of credit facility is secured by substantially all of the Company's assets and the personal guarantee of the stockholders.The line expires November 29, 2023 and is subject to certain financial and restrictive covenants. The Company was in violation of certain financial covenants at December 31, 2022 and is seeking a waiver. At December 31, 2022, Pioneer has an outstanding balance of$4,595,000 the available line of credit. NOTE 9-LONG-TERM DEBT Long-term debt is summarized as follows: Installment loans payable - in equal monthly installments ranging from$949 to $15,691 including interest ranging from 0%to 6.95% per annum for various periods through October 2 02 8, secured by the related transportation equipment. $ 2,828,106 Less:current maturities of long-term debt 1,803,706 Long-term debt, less current maturities $ 1,024,400 20 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 9-LONG-TERM DEBT(CONTINUED) Aggregate maturities of long term debt is as follows: For the Years Ending December 31, 2022 2023 $ 1,803,706 2024 756,608 2025 203,3 88 2026 32,487 2027 17,157 Thereafter 14,760 $ 2,828,106 NOTE 10-NOTE PAYABLE PAYCHECK PROTECTION PROGRAM LOAN During 2021 Pioneer applied for and was granted a second loan in the amount of$1,488,184 under the U.S. Small Business Administration's (SBA) Paycheck Protection Program (PPP) established by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Subject to certain defined guidelines and certification requirements, some or all of the loan may be forgiven. In 2022 the company has received forgiveness from the SBA for the loan and it is included in other income for the year ended December 31, 2022. NOTE 11 -CONTINGENCIES From time to time, Pioneer is involved in routine litigation that arises in the ordinary course of business. There are no pending significant legal proceedings to which the Company are a party for which management believes the ultimate outcome would have a material adverse effect on the Company's financial position. Pioneer is contingently liable under a general indemnity agreement. Pioneer agrees to indemnify the surety for any payments made on contracts of suretyship, guaranty or indemnity. Pioneer believes that all contingent liabilities will be satisfied by their performance on the specific bonded construction contracts involved. Contingencies include the usual obligation of contractors for performance and completion of construction contracts. 21 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 12—COMMON STOCK Shares of common stock are summarized as follows: Shares Shares Shares Authorized Issued Outstanding Pioneer Landscaping&Asphalt Paving, Inc. 100 100 100 Stonegate Equipment Corp. 100 100 100 200 200 200 NOTE 13-INCOME TAXES Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The components of deferred tax assets and liabilities at December 31, 2022 consist of the following: Tax Assets: Accounts receivable allowance for doubtful accounts $ 4,000 Billings in excess of revenue on uncompleted contracts 1,000 5,000 Tax Liabilities: Depreciation (88,000) Revenue in excess of billings on uncompleted contracts (3,000) (91,000) Total Deferred Tax Liability $ (86,000) 22 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 13-INCOME TAXES(CONTINUED) The provision for(benefit from) income taxes is detailed as follows: New York City Current $ 53,614 Deferred 37,000 90,614 New York State Current 5,625 PTET 30,000 35,625 $ 126,239 NOTE 14-MULTI-EMPLOYER BENEFIT PLAN Pioneer and Stonegate participate in multi-employer pension plans that cover union employees. Contributions to the plans are based upon a fixed rate per hours worked.The risk of participating in these multi-employer plans are different from single-employer plans in the following aspects: • Assets contributed to the multi-employer plans by one employer may be used to provide benefits to employees of another participating employers. • If a participating employer stops contributing to the plans,the unfunded obligation of the plans may be borne by the remaining participating employers. • If Pioneer and Stonegate chose to stop participating in some of the multi-employer plans, Pioneer and Stonegate may be required to pay those plans an amount based on the underfunded status of the plans, referred to as a withdrawal liability. 23 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 14-MULTI-EMPLOYER BENEFIT PLAN (CONTINUED) The following table presents Pioneer and Stonegate's participation in these plans as of and for the year ended December 31,2022: Collective- Pension Bargaining EIN/ Protection FIP/RP Agreement Pension Plan Act Zone Status Pending/ Company Surcharge Expiration Pension Fund Number Status Implemented Contributions Imposed Date laborers Local 1298 11-1970385 GREEN NONE $ 397,738 NONE 5/31!2026 Pension Fund Local 138 Heavy Highway 11-1628170 GREEN NONE 155,323 NONE 5/31/2023 Local 1075/1018 13-1990171 GREEN NONE 104,515 NONE 6/30/2024 IUOELocal 14/15A 22-1211670 GREEN NONE 21,391 NONE 6/30/2023 Cement Masons Local 780 Pension Fund 13-1626710 GREEN NONE 20,974 NONE 6/30/2023 The most recent PPA zone status available in 2022 is for the plan's year-ending during 2021. The Zone status is based on information received from the plan and is certified by the plan's actuary.Among other factors,plans in the red zone are generally less than 65 percent funded, plans in the orange zone are less than 80 percent funded and have an Accumulated Funding Deficiency in the current year or projected in the next six years,plans in the yellow zone are less than 80 percent funded, and plans in the green zone are at least 80 percent funded. The "FIP/RP Status Pending/Implemented" column indicates plans for which a financial improvement plan ("FIP") or a rehabilitation plan ("RP") is either pending or has been implemented. Governmental regulations impose certain requirements relative to multi-employer benefit plans. In the event of plan termination or employer withdrawal, an employer may be liable for a portion of the plan's unfunded vested benefits.Pioneer and Stonegate have not received information from the plans' administrators to determine its share of unfunded vested benefits. Pioneer and Stonegate does not anticipate withdrawal from the plans, nor is Pioneer and Stonegate aware of any expected plan terminations. 24 PIONEER LANDSCAPING & ASPHALT PAVING, INC. AND AFFILIATES NOTES TO THE COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31,2022 NOTE 15-RENTAL INCOME MLC and COX receives rental income from various tenants for the use of yard space throughout the year. No formal lease agreements have been established. All rent is paid on a month-to-month basis. Rental income for the year ended December 31, 2022 amounted to $154,735. NOTE 16-SUBSEQUENT EVENTS The Company has evaluated subsequent events through June 13, 2023 determined that there were no events which have occurred that would require disclosure or adjustments to the combined financial statements. 25 SUPPLEMENTARY INFORMATION MARCUM ACCOUNTANTS • ADVISORS INDEPENDENT ACCONTANTS' REVIEW REPORT ON SUPPLEMENTARY INFORMATION To The Owners of Pioneer Landscaping & Asphalt Paving,Inc. and Affiliates Our report on the review of the basic combined financial statements of Pioneer Landscaping & Asphalt Paving,Inc. and Affiliates for the year ended December 31, 2022 appears on page 1. The objective of that review was to perform procedures to obtain limited assurance as a basis for reporting whether we were aware of any material modifications that should be made to the combined financial statements for them to be in conformity with accounting principles generally accepted in the United States of America. The accompanying supplementary information, combining balance sheet, combining statement of income, combining statement of changes in equity,schedule of contract receivables,schedule of earnings from contracts,schedule of contracts completed, schedule of contracts in process, schedule of contract assets and liabilities by contract, combining schedule of contract costs and combining schedule of general and administrative expenses are presented for purposes of additional analysis and is not a required part of the basic combined financial statements. Such information is the responsibility of management and was derived from, and related directly to,the underlying accounting and other records used to prepare the financial statements. The supplementary information has been subjected to the review procedures applied in our review of the basic combined financial statements. We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary information and do not express an opinion on such information. / LG� Melville,New York June 13,2023 26 Marcum LLP ■ 10 Melville Park Road ■ Melville,New York 11747 ■ Phone 631.414.4000 0 www.marcumllp.com PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATES COMBINING BALANCE SHEET DECEMBER 31,2022 Pioneer Landscaping& Stonegatc Asphalt Paving Equipment MLC Holdings COX&Sons, Combined Assets Inc. Corp. LLC LLC Eliminations Balances Current Assets: Cash $ 1,153,359 $ 45,083 $ 10.169 $ 10,923 $ -- $ 1,219,534 Contract receivables,net ofallowance for doubtful accounts of$122,000 9,013.735 - •• -- - 9,013.735 Contract assets,including conditional retainage of$1.282,119 and unbilled receivable of$185,017 4.586,445 - - - - 4,586,445 Rent mccivable -- - 44,600 - - 44,600 Prepaid income laces 18,619 - - - - 18,619 Prepaid expenses and other current assets 1,023,200 = 9.000 - 1,032,200 Total Current Assets 15.795,358 45.083 54,769 19,923 - 15.9154133 t Property and Equipment,Net 4,647,022 158.573 1,298.405 314,027 - 6.418,027 Other Assets: Advances to employees 175,237 - - - -- 175.237 Advances to affiliates 14676,920 767,964 - 28,161 (1,373.242) 1,0994803 Advances to stockholders 307.628 - - - 307.628 Total Other Assets 2.159.785 767,964 - 28,161 (1,373,242) 1582.668 Total Assets $ 22,602.165 $ 971.620 $ 1.353.174 $ 362.111 $ (1.373,242) $ 23.915,828 Liabilities Current Liabilities: Line of credit 4,595,000 - -- - -- 4.595,000 Current maturities of long-term debt 1,803,706 - -- -- -- 1,803,706 Accounts payable 8.219,697 56,895 -- -- -• 8,276,592 Contract liabilities,net of conditional retainage of$218,346 81,239 - •- - - 81,239 Income laces payable 2,250 - -- - - 2,250 Accrued loss on contract in progress 69,075 - - - - 69,075 Accrued expenses and other current liabilities 39,109 6,050 1.900 - 47,059 Total Current Liabilities 14,810,076 56,895 6,050 1.900 - 14,874,921 Long-Term Liabilities: Lang-term debt,less current maturities 1,024,400 -• - -- - 1.024,400 Advances from affiliates 934,114 -- 52,602 22,340 (796,125) 212,931 Member loans - -- 577,117 -- (577.117)Deferred income tares payable 86.000 86,000 Total Long-Term Liabilities 2,044.514 - 629.719 22,340 (1.373,242) 1.3234331 Total Liabilities 16,854.590 56395 635.769 24.240 (1.373,242) 16.1984252 Equity Common Stock 5,000 1,000 - - - 6,000 Additional paid-in capital 754232 - - - - 75,232 Membcrs'cquity 717,405 337,871 - 1,055,276 Retained earnings 5,667,343 913,725 - - - 6.581,068 Total Equity 5,747.575 914.725 717,405 337,871 - 7.717,576 Total Liabilities and Equity $ 22,602,165 $ 971.620 $ 1.353.174 $ 3624111 $ (1.373,242) $ 23.915,828 See independent accoa iants'reeieov report an supplementary information. 27 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATES COMBINING STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31,2022 Pioneer Landscaping& Stonegate Asphalt Paving Equipment MLC Holdings COX&Sons, Combined Inc. Corp. LLC LLC Eliminations Balances Contract Revenues Earned $ 41,512,530 $ 1,511,500 $ -- $ — $ (1,511,500) $ 41,512,530 Contract Costs 36,608,974 1,414,420 — — (1,511,500) 36,511,894 Gross Profit on Construction 4,903,556 97,080 -- -- -- 5,000,636 General and Administrative Fees 5,148,507 182,799 115,733 50,265 (93,600) 5,403,704 Income(Loss)From Operations (244,951) (85,719) (115,733) (50,265) 93,600 (403,068) Other Income(Expense): Interest expense (328,135) (10) -- -- — (328,145) Forgiveness of debt-Paycheck Protection Program 1,488,184 -- — — -- 1,488,184 Crain on sale of Property and Equipment 42,271 — -- -- — 42,271 Rental income 146,035 102,300 (93,600) 154,735 Total Other Income(Expense) 1,202,320 (10) 146,035 102,300 (93,600) 1,357,045 Income(Loss)Before Provision for Income Taxes 957,369 (85,729) 30,302 52,035 -- 953,977 Provision for Income Taxes 126,239 — - -- -- 126,239 Net Income(Loss) $ 831,130 $ (85,729) $ 30,302 $ 52,035 $ — $ 827,738 See independent accomdams'revie,report on supplementary injornmrion. 28 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATES COMBINING STATEMENT OF CHANGES IN EQUITY FOR THE YEAR ENDED DECEMBER 31,2022 Pioneer Landscaping& Stonegate Asphalt Paving Equipment MLC Holdings COX&Sons, Combined Inc. Corp. LLC LLC Eliminations Balances Common Stock $ 5,000 $ 1,000 $ $ — $ - $ 6,000 Additional Paid-In Capital 75,232 - -- -- 75,232 Retained Earnings, Beginning of Year 5,283,023 999,454 -- -- -- 6,282,477 Members'Capital, Beginning of Year -- -- 763,103 350,336 -- 1,113,439 Net Income(Loss) 831,130 (85,729) 30,302 52,035 -- 827,738 6,114,153 913,725 793,405 402,371 -- 8,223,654 Less:Distributions 446,810 -- 76,000 64,500 -- 587,310 Retained Earnings, End of Year 5,667,343 913,725 -- -- -- 6,581,068 Members'Capital End of Year 717,405 337,871 1,055,276 Total Equity $ 5,747,575 $ 914,725 $ 717,405 $ 337,871 $ -- $ 7,717,576 See independent accountants'review report on supplementary information 29 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATE SCHEDULE I-CONTRACT RECEIVABLES AT DECEMBER 31,2022 R E G U L A R Subsequent Unbilled Retainage Total Collections Contract Description Current 31-60 61.90 91+ Total Receivables Receivable Receivables To 4/21/23 Contracts Comoleted IS 419 Queens $ -- $ -- $ •• $ -- $ -- $ •- $ 13,785 $ 13,785 $ -- Crl'Riv-WS-Snr Hw. -- -- -- 1,069 1,069 142,676 142,676 286,421 1,069 NYC Chl Ctr BI 55&56 -- 2,432 -- -- 2,432 42,341 62,158 106,931 2,432 Asm Blvd Salty Impr -- -- -- 189,387 189,387 •- 50,419 239,806 -- PSI 7-Brooklyn -- -- -- -- -- -- 4,188 4,188 -- Prk Lak Apr-IDA Prj 62.640 3,404 -- -- 66,044 -- 25,000 91,044 66,044 Q092-119M-Edward Byme Park - -- -- -- -- -- 12,478 12,478 Small and Previously Completed 226.997 253.021 60,008 825.847 1365,873 - 402,821 1.768.694 633,582 289,637 258,857 60.008 1.016.303 1,62005 185,017 713.525 2.523,347 703.127 Contracts in Process PS 159 Brooklyn -- -- -- 109,240 109.240 - 80,535 189,775 50,000 PS 56K Brooklvn -- -- 336.274 132,636 468,910 -- 57,452 526,362 368.711 NYSDOT-Draining Mnt 104,902 144,919 -- -- 249.821 -- -- 249,821 249.821 Massapequa-Pdct 3 -- -- 485,068 -- 485,068 - 175,871 660,939 485,068 Crl Rv-WS Sw 110-2 1,802.798 -- -- 3,355 1,806,153 -- 674,338 2,480.491 1,802,798 Ocnsid Pips PWN05-21 -- -- 416,357 24,857 441,214 -- 46,225 487,439 -- Mill River Greenway -- 290,929 •- -- 290,929 -- 67,482 358,411 290,929 Brgn PI-Elct Sbst -- 162,041 -- 98,615 260,656 -- 13,719 274,375 260,656 PS25K-Eub Blk Sohl -- -- -- 66,504 66,504 -- 38,990 105,494 - - UFSD-Great Neck -- •• -- -• -- -- 68,528 68,528 -- Brightwtrs Pblc Lbry -- - -- -- 35,577 35.577 S.Hampton Youth Services -- 101,203 -- - 101.203 -- 28,457 129,660 101.203 Hudson River Park -- -- -- - -- -- 42,129 42,129 -- Patchogue Watershed 456,475 - 387,714 -- 844,189 - 69,056 913,245 844.189 Mlt-Prps Spr Rnk Rpl 67,227 -- -- -- 67,227 -- 23,485 90,712 67,227 DeSimone-4 Yen Way 85,000 -- -- -- 85,000 -- -- 85,000 85,000 Day OP Ctr LI-Wdbr -- -- 30,860 -- 30,860 -- -- 30,860 30,860 Tuscany Estates 393.722 -- -- -- 393,722 -- 20,899 414,621 182,710 Cr Rv WS-Ar 108-11 523949 572.760 - 1,0961709 57,722 1,154.431 1,096,709 3.434.073 699.092 2.229.033 435,207 6,797,405 1500.465 8.297,870 5,915.881 3,723.710 957,949 2,289,041 1,451,510 8,422,210 185,017 2,213,990 10,821,217 6,619,008 Less:Allowance for doubtful accounts 1,600 2,100 23.700 94.600 122.000 - 122.000 - 3.722.110 955.849 2.265.341 1,356,910 84300,210 185.017 2.213,990 10,699,217 6.619,008 Less:Conditional Retainage and Unbilled Receivable -- -- -- -- •- 185,017 1.500,465 1,685,482 -- Total Contract and Retainage Receivables $ 3.722.110 $ 955.849 $ 2,265.341 $ 1.356.910 $ 8.300.210 $ - S 713.525 S 9.013.735 $ 6.619.008 See acountants'review report an supplementary information. 30 PIONEER LANDSCAPING & ASPHALT PAVING INC. SCHEDULE II-COMBINING EARNINGS FROM CONTRACTS FOR THE YEAR ENDED DECEMBER 31,2022 Cost of Revenues Revenues Gross Profit Earned Earned Amount Percentage Pioneer LandscaWne&Asphalt Paving,Inc. Contracts completed during the year ended December 31,2022 $12,629,603 $10,536,154 $2,093,449 16.58 Contracts in progress at December 31,2022 28,882,927 26,072,820 2,810,107 9.73 $41,512,530 $36,608,974 $4,903,556 11.81 Stone2ate Equipment Corp. Contracts completed during the year ended December 31,2022 1,511,500 1,414,420 97,080 6.42 Elimination 1,511,500 1,511,500 - $41,512,530 $36,511,894 $5,000,636 See acountants'review report on supplementary information. 31 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATE SCHEDULE III-CONTRACTS COMPLETED DURING THE YEAR ENDED DECEMBER 31,2022 Contract Totals From Inception to January 1,2022 Year Ended December 31,2022 Costs of Gross Costs of Costs of Gross Contract Description Revenues Revenues Profit Revenues Revenues Gross Revenues Revenues Profit Earned Earned (Loss) Earned Earned Profit Earned Earned (Loss) IS 419 Queens $ 208,681 $ 140,416 $ 68,265 $ 7,957 $ 5,909 $ 2,048 $ 200,724 S 134,507 $ 66,217 Crl'Riv-WS-Snr Hw. 2,853,529 2,304,043 549,486 1,832,468 1,505,933 326,535 1,021,061 798,110 222,951 NYC Chl Ctr BI 55&56 1,327,842 1,205,180 122,662 910,657 681,821 228,836 417,185 523,359 (106,174) Point Lookout Shorin 4,750,742 2,417,278 2,333,464 767,591 393,297 374,294 3,983,151 2,023,981 1,959,170 Village RVC Pole Stn 402,599 198,176 204,423 7,185 5,376 1,809 395,414 192,800 202,614 4747 Rt 347 280,815 230,316 50,499 270,649 226,495 44,154 10,166 3,821 6,345 The Shl-695 Mek Av 331,690 235,448 96,242 331,690 235,448 96,242 Asm Blvd SaftyImpr 893,922 866,590 27,332 893,922 866,590 27,332 PS 17-Brooklyn 298,750 182,521 116,229 298,750 182,521 116,229 Prk Lak Apr-IDA Prj 341,242 373,862 (32,620) 341,242 373,862 (32,620) Q092-119M-Edward Byrne Park 249,550 152,492 97,058 249,550 152,492 97,058 Small and Previously Completed 4,486,748 5,048,663 (561,915) 4,486,748 5,048,663 (561,915) $ 16,426,110 $ 13,354,985 $ 3,071,125 $ 3,796,507 $ 2,818,831 $ 977,676 $ 12,629,603 $ 10,536,154 $ 2,093,449 See acountants'review report on supplementary information. 32 PIONEERLANDSCAPING&ASPIIALT PAYING,INC.AND,\I•-IL SCIIEDI-Pr'-CO\TRACTS IN PROGRESS AT DECEMBER 31.202E Y-Endw -I C.ma<I I.inception T.Dcc.t-31,2022 AlD cm-31.2022 Dc-c 31.2022 hlmaa<mrnt E.limmn ContractD.np- Contrml --d Recrnoa Cmb of Gmaa N.- Billie, Rwrnoo Billings and Rec<nom C..of Gm+a Remaining Cmb T. I-. Ricc Gsws Psncd Rccrnon P 1111 ComPlcic To D.t. IcE cns c.ddi..l Emncd R.... Pmlit P onw ComPlcb Gmaa Profit Earned (LwJ (Including of'BRliegs Rmaiaage F-m ProBI (Imo) Cwd0i-1 ®d C-dW-m in E ms of R<minagc) Rcminagc Rn sun PS 159 B-U)n S 1,622696 S 569,631 3 1,602,13] S 1.040,065 E 562672 98.711. S 1,610.696 E - S 1,959 S 6%,354 3 188.098 5 208,256 S 19.959 3 13,W0 $ 6.959 PS 56R B-U, 1,149,040 159,498 1,135,131 911.512 151.595 9977. 1.149.040 13,%3 1,132]09 915.2]5 151,064 DX3 12.000 1.903 M'SDOT-Dreinive hlnl 2,6]5.968 (1.158,302) 2,536,954 3.995.256 (1,458302) 95881. 2395.968 140,986 - 152,568 2,241,542 (1,,9{974) 109.014 109.01, np<gpa - hlma -Prjct1 3.656.]00 (784,611) 3.634X96 4,118,70) (184,611) 99.39°: ).511,]13 116.683 - 89;452 1.82].16) (932]11) 2304 22]04 B-16-Library 415.6N 102985 84,64 63,689 20,98) 20.3111 41,110 4296) - 11307 8.620 2687 331,001 249,000 82001 11616 P.N.- 265.000 66,295 928 105 21 0351. 928 - - 26].012 198,000 66,072 Cdlty W-110.2 15.192.081 3,205,86) 14.6629]7 11,686,218 2916,719 92859. 13,490.123 U. 114 - 14,172,011 11318.090 2.833,921 1.129.134 900,000 229,134 -id hM P33'a05-21 92],495 (211,814) 909,888 1.187.762 (21281]) 98421: 92],495 - 11,601 861.762 1.151.612 (289.910) IJ,601 14,607 hldl lb-Gs.-y 1319,6]0 1.31,'!91 1.264.10 1,131,849 126,115 9163% 1,349,640 .5.476 1.225311 1.10$188 116.559 115,416 1NNo 11.416 Brgn N-EI«SW 336.623 27,050 319,220 293.513 23,6]) 94.8)91 -.,75 4.845 301.503 28!,809 2269) 17,403 16,1100 1,403 PS25E-Eob Blk Schl 818.826 306,366 110,925 482460 288,465 9].159. 119,806 - 8.881 110.925 482,460 28.,465 41,901 30,000 17,901 UFSD-Gmmhwk I.Sl2.)26 241.14 1,513325 1115302 2]8.123 98161. 1,5)2326 - 19,301 1.514.]25 115,201 238,121 19.0111 16.OW ].001 Bd,,h-MI.Lbry 496-9 15.60) 367.276 311,386 55.890 13.90°: 359.765 7.511 - 367,276 311386 55,890 129.114 110,000 19.11) S.IImgw Y.A"I- 692408 286X. 685,622 4n. 28].278 99.029. 569,141 116,]81 - 685.622 402,3]] 2.3.218 6,186 1.000 2.186 H.&-R-Pmk 991,293 DU% 19].919 601.111 187.118 8019°. 843.108 - ]8.189 19],919 601,1]1 1.7,718 1",176 150.000 .316 Pmchogoc 3YalmhW 20.132264 6,034,118 1X1.639 1,3]1,146 530,493 8.809. 1381.121 ]90,518 - 1.111,639 1.2]1.1]6 530.493 18360.625 12851.000 5303.625 C.l h-B.ch Rcecanalrvction 2130.5. ]83,025 61,)58 17.]75 13,883 2889. - 61,358 - 61.358 47,475 13.883 2.%9,142 1,600,000 469,112 All,-Pry!Sp,Rnk Rpl 681,000 110,273 439.152 343.121 65,725 59.601. ]69,106 - 60,254 409.152 3]3.121 65,725 -118 23,000 41.518 DcSimona-4 Ycn 3Yay 24.595 95,136 182198 119,459 63,339 66.519185,000 91,798 - 182798 119.459 6).339 91,191 60,000 31,191 Dq OP I,L)-1Y 3.1,395 49.733 26,554 21.862 4.692 9.431. 30.860 - 4.306 26,551 21.862 4,692 255X]1 210.000 45.0,1 T-Fiala 494,954 142,211 166.602 118,4] ]1,859 33661. 203.011 - ]6,,09 1.6. 118.1]3 41,859 328352 231X00 9]352 Cr Rv R'S-110841 24.538.253 4.555.001 IO.O.SU 1.69]349 386.596 9489e 1.154.430 926.411 2080.141 1.69].2]8 386.596 22111.111 18.289.000 4.16g.JlI S 81358.625 S 14361.141 5 34,9.2058 S 31.]66.559 3 ].515,199 S 32162334 3 3.119309 S 299.585 S 28,882927 S 26.072,120 S 2810.101 E ]6,216,561 3 35.430.925 S 10.8J5b42 Sre woummrb'rmevrrporf on rnpplmsmfmy 6s�man. JJ PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATE SCHEDULE V-CONTRACT ASSETS AND LIABILITIES BY CONTRACT AT DECEMBER 31,2022 Billings Revenue Billings and Billings To Date In Excess Conditional To Date Contract (Including of Billings Retainage (Excluding Revenue Conditional and Conditional in Excess of Conditional Unbilled Conditional Contract Contract Contract Earned Retainage) Retainage Revenues Retainage Receivables Retainage) Asset Liability PS 159 Brooklyn $ 1,602,737 $ 1,610,696 $ $ 7,959 $ 80,535 $ $ 1,530,161 $ 72,576 $ PS 56K Brooklyn 1,135,137 1,149,040 13,903 57,452 1,091,588 43,549 NYSDOT-Draining Mnt 2,536,954 2,395,968 140,986 -- -- 2,395,968 140,986 Massapequa-Pdct 3 3,634,096 3,517,413 116,683 175,871 3,341,542 292,554 Brookhaven Library 84,673 41,710 42,963 -- 41,710 42,963 116th Police Precnct 928 -- 928 -- -- 928 CIIRv-WSSW 110-2 14,662,947 13,490,123 1,172,824 674,338 12,815,785 1,847,162 Ocnsid Pips PW#05-21 909,888 924,495 -- 14,607 46,225 878,270 31,618 Mill River Greenway 1,264,164 1,349,640 -- 85,476 67,482 1,282,158 -- 17,994 Brgn Pt-Elct.Sbst 319,220 274,375 44,845 -- 13,719 260,656 58,564 -- PS25K-Eub Blk Schl 770,925 779,806 -- 8,881 38,990 740,816 30,109 UFSD-Great Neck 1,513,325 1,532,326 -- 19,001 68,528 1,463,798 49,527 Brightwtrs Pblc Lbry 367,276 359,765 7,511 -- 35,577 324,188 43,088 S.Hampton Youth Services 685,622 569,141 116,481 -- 28,457 540,684 144,938 -- Hudson River Park 794,919 843,708 -- 48,789 42,129 801,579 -- 6,660 Patchogue Watershed 1,771,639 1,381,121 390,518 -- 69,056 1,312,065 459,574 -- Callahans Beach Resconstruction 61,358 -- 61,358 -- -- -- 61,358 -- MIt-Pops Spr Rnk Rpl 409,452 469,706 -- 60,254 23,485 446,221 -- 36,769 DeSimone-4 Yen Way 182,798 85,000 97,798 - -- 85,000 97,798 -- Day OP Ctr LI-Wdbr 26,554 30,860 -- 4,306 -- 30,860 -- 4,306 Tuscany Estates 166,602 203,011 -- 36,409 20,899 182,112 -- 15,510 CrRvWS-Ar 108-1I 2,080,844 1,154,430 926,414 -- 57,722 1,096,708 984,136 34,982,058 32,162,334 3,119,309 299,585 1,500,465 30,661,869 4,401,428 81,239 Completed Contracts Crl'Riv-WS-Snr Hw. 2,853,529 2,710,853 142,676 142,676 NYC Chl Ctr B155&56 1,327,842 1,285,501 42,341 42,341 -- 4,181,371 3,996,354 -- -- -- 185,017 -- 185,017 -- $39,163,429 $36,158,688 $3,119,309 $ 299,585 $ 1,500,465 $ 185,017 $30,661,869 $4,586,445 $ 81,239 See acountants'review report on supplementary information. 34 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATES COMBINING SCHEDULE OF CONTRACT COSTS FOR THE YEAR ENDED DECEMBER 31,2022 Pioneer Landscaping& Stonegate Asphalt Paving Equipment MLC Holdings COX&Sons, Combined Inc. Corp. LLC LLC Eliminations Balances Auto and truck expenses $ 427,783 $ 366,690 $ $ $ $ 794,473 Depreciation 1,167,209 131,483 1,298,692 Direct labor 6,321,846 442,793 6,764,639 Insurance 2,593,298 -- 2,593,298 Materials 12,378,617 -- 12,378,617 Other job costs 3,225,360 330,026 3,555,386 Payroll taxes 550,039 47,784 597,823 Subcontractors 7,943,693 -- (1,511,500) 6,432,193 Union expense 2,001,129 95,644 2,096,773 Total Contract Costs $ 36,608,974 $ 1,414,420 $ $ $ (1,511,500) $ 36,511,894 See independent accountantr'review report on supplementary information. 35 PIONEER LANDSCAPING&ASPHALT PAVING,INC.AND AFFILIATES COMBINING SCHEDULE OF GENERAL AND ADMINISTRATIVE EXPENSES FOR THE YEAR ENDED DECEMBER 31,2022 Pioneer Landscaping& Stonegate Asphalt Paving Equipment MLC Holdings COX&Sons, Combined Inc. Corp. LLC LLC Eliminations Balances Advertising $ 3,137 $ -- $ - $ -- $ -- $ 3,137 Auto expense 357 -- -- -- -- 357 Bank charges 39,320 -- -• -- -- 39,320 Contributions 41,311 -- -- -- -- 41,311 Depreciation and amortization -- -- 44,191 11,160 -- 55,351 Dues and subscriptions 27,190 6,833 50 25 -- 34,098 Insurance 1,074,798 - 2,298 -- -- 1,077,096 Licenses and permits 38,234 22,054 - -- -- 60,288 Office expense 118,818 807 3,900 -- -- 123,525 Office salaries 2,142,760 107,100 - -- -- 2,249,860 Officer salaries 571,898 -- -- -- -- 571,898 Payroll taxes 240,118 10,773 -- -- -- 250,891 Pension contribution 100,914 -- -- -- -- 100,914 Professional fees 333,688 12,223 2,015 -- -- 347,926 Real estate taxes -- - 52,571 37,883 -- 90,454 Rent 93,600 -- -- -- (93,600) -- Repairs and maintenance 49,983 14,733 1,656 1,197 -- 67,569 Telephone and utilities 138,608 8,276 9,052 -- -- 155,936 Travel,meals and entertainment 133,773 133,773 Total General and Administrative Expenses $ 5,148,507 $ 182,799 $ 115,733 $ 50,265 $ (93,600) $ 5,403,704 See independent accountants'revfnr report on supplementary information. 36 1& (fWej Gene, n Town of Southold "Demolition of the Sill's Farm Buildings" PROPOSAL PACKAGE BID OPENS: July 13, 2023 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 10 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. Notarized Affidavit of Non-Collusion as required by NYS Law. A 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. dAssumed Name Certification. dBidder'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 10 VENDOR NAME: _31 1ime( �3en�rcx C6� otcfoc Cosh. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID /,S _ OR SOCIAL SECURITY #: DATE OF ORGANIZATION: 10 /mfo IF APPLICABLE: DATE FILED: `7 •/;a I zo?, _ STATE FILED: 0 ]��» If a non-publicly owned Corporation: CORPORATION NAME: :6tff of I ���nr�� GR�7�� Cu��• LIST PRINCIPAL TOCKHOLDERS: (5% of outstanding shares) garinna c• LIST OFFICERS AND DIRECTORS: NAME flfl TITLE 2� r a s V, ,- IV A�l Mai f R�blg ���C SEGfe��dlr� 9 e a 7 m e e e e e m M®t m e G e t e e e e e e e e e e e 13 e N 0 e 0 N e e e e e m e 0 e e e e m Y e e e e e e e e e M®0 e e e M a e m B e e e e e 7 m e■ If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: q VENDOR NAME: le ADDRESS: G,0rea'" r,3 CONTACT: a a� TELEPHONE: ����� _�/�7 FAX: 6„311-744 — E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 10 VENDOR NAME: �r �' in(� I ( len efc coA-r«r-k 0( Carr , 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 y I ' NAME: �1 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. Itis 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 Icertify at can that I supply insurance as specified if awarded the bid 2 pPY Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE DISQUALIFY BIDDER. AUTHORIZ SIGN URE Proposal Package 5 of 10 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 person si ing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS nn Signature&Co pany Pos ion flit /fir* p� l GL e( w\ ' DAY 20_0 cel �-- _ Type Name&Company Position V(ce !' 1 I'1 Rl�lel �--iene rQ� t?eAlfac�E� / �' , Company Na e NOTARY P JALAYER SAEID Notary Public,State of New rk Date Sig ed OIJA5088798 Qualified in Suffolk County Z 1711$21 Commission Expires 11/24/ Z Federal I.D.Number Proposal Package 6;of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDOR NAME: 'OC`��u�� c c„e�«I C��fi,�cac�o t 00 f e- VENDOR ADDRESS: 3 '�►I��� 1 i T��•..�g �OlQ�el�c�w►� 7' f/78, TELEPHONE NUMBER: 7 FAX: 631 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.) 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 10 Demolition of the Sill's Farm Buildings 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 General Conditions&Mobilization 1 1 for it O —/ & � /LS Dollars Cents 2 10,400 Temporary Access Road(Crushed Stone) UQ� r)ty— /LF '�®0V �© ®d for Dollars Cents Erosion&Sediment Control 3 670 for / /��[P h /LF f OD 1®1ern W u �D —� Dollars Cents Unclassified Excavation&Embankment 4 1 for (X/ � /LS Dollars Cents 5 27,500 qp Clearing&Grubbing -';" for �-cP . Pve- /SF I Dollars Cents Temporary Fencing 6 750 /q for �t'!1 /LF M 71 relLT Dollars Cents Structures 1-3 Removal(including Foundation) 7 1 for / /- � +� l� Dlc.b�n — /Ls � Dollars Cents Silo Removal rye 8 1 S v� for �� r iiod JLS Dollars Cents Demolition of the Sill's Farm Buildings 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 f Site Restoration 9 1 for E, / XA /LS Dollars Cents / moi LI_RRR Compliance 10 1 /LS(.l�I G� 010 for � U n /`e l lien�y /�'lC_Jl.�..b�i✓ 1W_ Dollars �Cents TOTAL BASE BID Items(Add All Items) p c Dolla s �C nts (Numerically) WRITTEN IN WORDS Construction Mat Access Road ALT#1 7,400 for r/ ee" /SF / —� Dollars QCents 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. AUTHORIZED SIGNATURE PRINT NAME a r a` e- TITLE VtC� �re s d eh� DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF On the day of f in the year 2023 before me, the undersigned, personally appeared f rA ei , personally known to me or proved to me on the basis of satisfactory evidence to be he 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. OT#AyRglbjC Notary Public,State of New York 01JA5088798 Qualified in Suffolk County Commission Expires 111241 Z Proposal Package 10 of 10 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 hereinafter made. SUBMITTED BY: f� car[m�n c�-(' }�`/ -'v,/A Corporation / A Partnership or Entity FIRM NAME: 1�%�(�Ue �2ne�n ��Q�l©PC�o An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE J�felclr� �►C 0 LIX 0.° (VhftMOL+\-Aab%IEt 77 Pee:Rix-,6Jo1n-RocC,IJy 1012- 1. How many years has your organization been in business under its present business name? J 2. You normally perform what percent of the work with your own forces? s� List trades that you organization normally performs below: LOJ00 r-e.r S C" to'x-e' s ° V�'Q.d'o"_6'r S C Wv e v w S O h 3. Have you ever failed to complete any work awarded to you? dat If so, note where and why. 0';Wv�'C�4 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. Ts Sege. w QS-1 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. C, 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 Completion fLCV-S--31-7(7 C,0UIN S16AS0VX �f�wl" 070 �02.�/►2W1 IS -1r.,c p E� A 1 �� L2��'" W"w r 71q30$ aQL q-13-a9�s 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 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 >r 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? /es 10. Bank References: S�0 a"J �J 0`e y'Gv2pv1 c I r 11. Trade Association Membership: 138 0 , 7 �C� 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? S S ee 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 4w JmL ) COUNTY OF V 0�(_1 nn c�r C�.la�e being duly sworn deposes and says that he is the 1ti,ce of 'Ai(tente j aeA, CSA-_ contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this IA day oJJ , 2023 Notary P 15fic Commissi xp' Da , JALAYER AE10 E. Notary Public,State of New - OIJA5088798 Qualified in Suffolk Coun Commission Expires 11/2 2-r QS-4 BIL TWEL General Contractor Corp. July 13, 2023 Town of Southold BIDDER'S QUALIFICATION STATEMENT Question#3: YES NYS Office of Parks Recreation and Historic Preservation Contract D005329 in 2019. Biltwel is claimant to a wrongful termination (Claim No. 134643)at the New York State Court of Claims. Biltwel argues that the State acted in haste in terminating the project as there were unresolved schedule,change order and open design issues. As such the termination is improper. The matter has been schedule for mediation by the court sometime in August 2023. Please contact Plaintiff Counsel Peter M. Kutil, Esq., King& King LLP at(914) 380-5970 X-113 for additional information. Question#4: YES WHM Plumbing v. Biltwel General Contractor Corp.; Index No.: 615722/2018 Biltwel's defense is that WHM abandoned the project and failed to perform the subcontracted work including defective work which were brought to conformity by others resulting in back charges. Question#5: YES, one such listed on Question#3 answer above. In the spirit of saving time we will provide additional details upon request and as part of the apparent low bidder review. Question#12: YES Biltwel was the subject of a NYSDOL investigation Case ID#2014004054 for PRC#2013008183 in the County of Suffolk. Please contact investigator Jason Baldassare (631) 687-4878 of the NYS DOL Public Works. 1 out of 28 crew members was misclassified but largely, Biltwel overpaid fringe benefits,clerically discounted the overpayment amounts from the employees prevailing wages not knowing overpayment of fringe benefits can NOT be used as a credit towards wages. Biltwel was found to be in willful violation for the purposes of subdivision 3(B) of Section 220-b and subdivision (7) of Section 235. By way of stipulation, Biltwel agreed to the findings, paid the audit amount($23,312.70) plus interest($983.60)and penalty($6,469.60)for a total of 31 MARY PITKIN PATH Ph. 631.744.9177 SHOREHAM, NY 11786 www.bLIfigelac.com Fax 631.744.9153 BILTWEL General Contractor Corp. $30,765.90 caused mostly by the good faith clerical error. Additional information to be furnished upon request or by contacting investigator Baldassare at the number above. 31 MARY PITKIN PATH Ph. 631.744.9177 SHOREHAM, NY 11786 www.biltwelqc.com Fax 63 1.744.9153 AC 3294-S(4/12) NEW YORK STATE: VENDOR RESPONSIBILITY=QUESTIONNAIRE ATTACHMENT A-COMPLETED CONSTRUCTION CONTRACTS Vendor Name:Biltwel General Contractor Corp. NYS Vendor ID: 1100025302 fFt`'sy` an.,ten'incl deiinost'recentisiti`contracts'.on ro'ecfsii` to;'tli'at ueshon 3:0: List:.th ten most:recent construe on contra`ets the Business`Enh ;lras;,c-'omi'Ieled I es th u e - - p - :r p J P.,. number. � • - 1• Agency/Owner Award Date Amount Date Completed Town of Hempstead 9/9/2021 $1,413,044.00 8/30/2022 Contact Person Telephone No. Designer Architect and/or Design Engineer Ben Liang,PE bliang@cameronengineering.com (917)326-0431 Cameron'Engineering Contract No. Prime or Sub Joint Venture,(JV)Name:if•applicable EIN of JV,if applicable PW28-21 Prime N/A' 2• Agency/Owner Award Date Amount Date Completed Incorporated Village of Island Park 9/9/2021 $343,651.00 7/15/2022 Contact Person Telephone No. Designer Architect and/or Design Engineer Robert Fazio,rfazio@cameronengmeering.com (516)680-8393 Cameron Engineering Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable CE2978 Prime N/A 3• Agency/Owner Award Date Amount Date Completed Town of Hempstead 2/11/20207$1,549,395.00 1/13/2023 Contact Person Telephone No. Designer Architect and/or Design Engineer Russell Scott,PE rscott@nelsonpope.com (631)427-5665 Nelson&Pope Fngineers Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable PW31-19 Prime N/A 4• Agency/Owner Award DateAmount Date om leted �O�a n Cz') Lt 3 a 2.a 2 u '2-:1Sr11��/� I S Y.� Contact Person n e Seti Pole.•COM Telephone No. Designer Arc itect and/or Desi I Engineer woe- E_ 631-42-7-4566 x-ai Contract No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable VkA LiI— ` -k 5• Agency/Owner 6. _ AwarcjDate A ount Date Completed 'rTb in S I 21 `I00 `1/1-71 -2-0 Contact Persn n ® �.p� 1 Telephone No. Designer Architect and/or Design Engineer f"\0�� h�� 1 �•/ 631-360-7Ss1� 'T�..- +-totes-� Contract No. Prirhl or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable 1C1— ��� $a ;w•� Page 1 of 2 Flaysid-r-(2D Bank,N.A. June 27,2023 ' Re: Biltwel General Contracting Corp 31 Mary Pitkin Path Shoreham, NY 11786 To Whom It May Concern, This is to confirm that the Biltwel General Contracting Corp has maintained an account with Flagstar Bank, NA since 9/25/2017.The account has maintained an average balance of low 7 figures and has been maintained in a satisfactory manner. Biltwel General Contracting Corp also maintains a Line of Credit in the amount of$375,000.00.There is no outstanding balance on the Line of Credit. If you need any further information from me,please don't hesitate to contact me. VSInerely Hillary Bi�� Senior Cli nt Associate. i C)9I E,E' ' IRI - l:nillCillsr>>, € I R41Q� h1�,4+i4$�4;�,,i<avn,il: Ig•ail#��yC:F1 �,G,,,,:,.�,.:: ;,.,. BILTWEL GENERAL CONTRACTOR CORP. FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2022 INCORVAIA&ASSOCIATES CERTIFIED PUBLIC ACCOUNTANTS 380 N.BROADWAY—SUITE 408 JERICHO,NEW YORK 11753-2109 W W W.INCORVAIALLP.COM ANTHONY C.INCORVAIA,CPA TEL.(516)942-7600 FAX(5 16)942-3712 INDEPENDENT ACCOUNTANTS' REVIEW REPORT To the Stockholders Biltwel General Contractor Corp. Shoreham,New York We have reviewed the accompanying financial statements of Biltwel General Contractor Corp. which comprise the balance sheet as of December 31, 2022, and the related statements of income, retained earnings, and cash flows for the year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of management.A review is substantially less in scope than an audit,the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly,we do not express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America. We believe that the results of our procedures provide a reasonable basis for our conclusion. We are required to be independent of Biltwel General Contractor Corp. and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our review. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Jericho,NewYo k February 6, 2023 1 I BILTWEL GENERAL CONTRACTOR CORP. BALANCESHEET DECEMBER 31,2022 ASSETS Current assets Cash and equivalents $ 963,162 Contracts receivable 2,027,623 Advances to stockholders 396,731 Contract assets 2,396,117 Other receivables 8,110 Prepaid expenses 20,746 Loan to affiliate 6,653 Total current assets 5,819,142 Property and equipment, net 208,656 TOTAL ASSETS $ 6,027,798 See independent accountants'review report and accompanying notes. 2 BILTWEL GENERAL CONTRACTOR CORP. BALANCESHEET DECEMBER 31, 2022 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities Accounts payable and accrued expenses $ 679,990 Current portion of long-term debt 73,345 Taxes payable 15,709 Current portion of settlement payable 60,000 Total current liabilities 829,044 Other liabilities Long-term debt, net of current portion 65,302 Deferred taxes 41,585 Settlement payable, net of current portion 155,188 Total other liabilities 262,075 Total liabilities 1,091,119 Stockholders' equity Capital stock(200 shares authorized, issued and outstanding,no par value) 20,000 Retained earnings 4,966,679 4,986,679 Less: Treasury stock 50,000 Total stockholders' equity 4,936,679 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 6,027,798 See independent accountants'review report and accompanying notes. 3 BILTWEL GENERAL CONTRACTOR CORP. STATEMENT OF RETAINED EARNINGS DECEMBER 31,2022 STOCKHOLDERS' EQUITY Balance - January 1, 2022 $ 4,070,243 Net income 896,436 Balance-December 31, 2022 $ 4,966,679 See independent accountants'review report and accompanying notes. 4 BILTWEL GENERAL CONTRACTOR CORP. STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 31, 2022 Contract revenues $ 5,816,729 Contract costs 4,019,499 Gross margin 1,797,230 Operating expenses General and administrative expenses 574,975 Operating income 1,222,255 Other income and(expense) Interest expense (8,516) Penalties (770) Settlement (225,188) Total other expense (234,474) Income before provision for income taxes 987,781 Provision for income taxes 91,345 Net income $ 896,436 See independent accountants'review report and accompanying notes. 5 i 9d614bd5-a065-474a-8bcf-286ce1668c4d lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: June 15,2023 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 15 day of June 2023 Notary Signa re MARY BETI i ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 ; Notary Public Stamp i SOUTHOLD TOWN CLERK 1 i i I 9d614bd5-a065-474a-8bcf-286ce1668c4d lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times i 4 LEGAL NOTCE NOTICE TO BIDDER NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID: DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 15,2023. PLACE OF OPENING: Town Clerk's Office 53095 Main Road Southold NY 11971 OPENING: July 13,2023 2:00 pm CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 i r i I SOUTHOLD TOWN CLERK 2 LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 15, 2023. PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 13,2023 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 10:00AM on June 27,.2023 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. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: June 6, 2023 Denis Noncarrow Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of June , 2023, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website; www.southoldtownny.gov . l Bid for Removal of Sill' Buildings enis Noncarrow Southold Town Clerk Sworn before me this 8th day of June , 2023. Notary Public LYNDA M. RUDDER Notary Public, State of New York No.01 RU6020932 aualified in Suffolk County Commission Expires March 8,20a1 r i Times Review Media Group Invoice#: 9d614bd5 The Suffolk Times Date: 06/08/2023 Bill To Customer Email SOUTHOLD TOWN CLERIC lynda.rudder@ town.southold.ny.us 1 Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description Publish Date Amount PUBLIC 06/15/2023 $19.36 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Total: $44.36 Please remit checks payable to: Balance: $44.36 Times Review Media Group PO Box 9500 Mattituck, IVY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. LEGAL NOTCE NOTICE TO BIDDER NOTICE IS HEREBYGIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID: DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk' Office beginning June 15, 2023. PLACE OF OPENING: Town Clerk's Office 53095 Main Road Southold NY 11971 OPENING: July 13, 2023 2:00 pm CONTACT PERSON: Michael Collins, P. E. Town of Southold, 631 -765-1560 TOWN OF SOUTHOLD DEMOLITION OF THE SILL'S FARM BUILDINGS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK t . 48 ' Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 June IS, 2023 (631) 765-1560 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: "DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 15, 2023. PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 13, 2023 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 f 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 10:00AM on June 27, 2023 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. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. TABLE OF CONTENTS TOWN OF SOUTHOLD DEMOLITION OF THE SILL'S FARM BUILDINGS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-7 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 — 10 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1 —2 NYSDEC Tidal Wetlands Permit Contract #C 1001150 APPENDIX A - LIRR Entry Permit EP-1444 APPENDIX B —Environmental Testing Results Contract Drawings 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 8. Seeurity for Faithful Perfen:nanee and Mak#enanee 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 Demolition of the Sill's Farm Buildings 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, July 13th, 2023, 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. The Town of Southold will continue to implement the Bay to Sound Integrated Trails Initiative by removing dilapidated buildings and debris from a waterfront property, planting native species and creating 0.3 miles of trail to provide public access to the site and adjacent tidal creek frontage. The new trail will connect to trails previously constructed through the initiative to create a trail system stretching from Long Island Sound to Peconic'Bay. The Town of Southold will facilitate removal of dilapidated agricultural buildings and debris from a newly acquired parcel. Following clean-up the site will be revegetated with native plantings and a 0.3 mile segment of trail will be constructed by the Town and Volunteers to provide public access to the site and adjacent tidal creek frontage, which supports water- dependent uses including shellfishing. Trails on this property will be connected to trails constructed in Phase 2 of the Integrated Trails Initiative. The Bay to Sound Integrated Trails Initiative Phase 3 fulfills the Town's goal of expanding the trail systems within the Greenport area and linking Town, Village and County properties. The dilapidated buildings are dangerous and the Town cannot open the property to the public without cleaning them up: Buildings to be removed include a collapsed large dairy barn, a partially collapsed silo, a storage barn with a collapsed roof, a large shed foundation, and a partially collapsed farm house. Volunteers will clean up typical trash unrelated to former farm use and will conduct plantings to restore the site to a natural state, in accordance with State requirements. Access to the site will be provided by a temporary at-grade crossing over the Long Island Rail Road tracks. The Town of Southold as Contractor for the New York State Department of State is seeking a contractor or team of contractors ("Contractor") for the Demolition of the Sill's Farm Buildings at 70282 & 70284 Main Road (NYS Route 25) in Greenport. Funding is being provided by NYS DOS through Title 11 of the Environmental Protection Fund (EPF). At the time of this RFP release, the Town and New York State have an executed contract in place for the project. A copy of this contract is included as an Appendix. In addition to the requirements described herein, the selected Contractor(s) shall be required to address all tasks for and comply with all NY State .requirements for the Demolition of the Sill's Farm Buildings elements of the project in the contract between the Town and NYS DOS. The selected Contractor(s) shall be required to IB - 2 INSTRUCTIONS TO BIDDERS S submit payment requests that align with the State Contract. The NYS DOS must approve all contractors and sub-contractors. The contractors must comply with all provisions in the Contract between the NYS DOS and the Town of Southold that apply to the demolition work,including all appendices. For purposes of this project, Contractor(s) must follow established State Minority and Woman- Owned Business Enterprises (MWBE) contracting requirements for the State share of this project. No less than 30%of the State's share of the contract amounts between the Town and the selected Contractor shall be allocated: 15% for Woman-Owned Business Enterprises and 15% for Minority-Owned Business Enterprise(s) in accordance with NY State contract requirements. Should any Contractor(s) need to subcontract for any elements of this project they must document and make a good faith effort to hire subcontractors registered in the MWBE database. The Town will assist contractors with this effort. The current anticipated completion date for the project is September 30, 2023. 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 IB - 3 INSTRUCTIONS TO BIDDERS Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until the completion of ten percent(10%)of the work under the Contract. (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bond 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 IB -4 1 INSTRUCTIONS TO BIDDERS 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 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. The sueeessfii! bidder shall be ,ort to execute a Uorf (100,04) of the amoupAbi sueh bonds to be executed by a New York heensed insur-an eempany with A —6, __ better from A.M. Best & Co. and weeptable t 7 or bonds seeured J 7 or- seettffties rr„^ved J the Ovffier-. The Peffefmanee Bond shall be wfiaea so as to remain in full for-ee and effeet as a maintenanee bond for a period of +less than one(1 yeaf after the ,late of fi al w eptaneeVthe f . .,,lr . I.,e. the bonds requir-ed vMhin ten(IQ) days after-the date of notiee of award, shall forfeit to the C)vmeF, as liquidated damages for-stteh faili or-Fefusal,the soeurib,deposited Aith his 7 demand, and he will be liable for-and he agrees to pay to thOvmer on shall subseqtteiAly be r-e let ifteluding the eest of sueh re letting less the amount of sueh depe. N 1 of mistake in sue1, aceeY+ rl bi.l shall be available t the bidder for- rveevej7y of deposit as a defenseJ rr. ar+ +' to bid , „loses said mistake ean b proven b doeumefAaFy evide we acceptable to the 113 - 5 INSTRUCTIONS TO BIDDERS After approval of the bonds and exeeution of the Contmet and after-teft (10) pement of the work has been, n plete 7 the bi.a n fitsbid.a the bid it be« .,.-v.4d 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. IB - 6 INSTRUCTIONS TO BIDDERS 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. 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 - 7 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 injuryliability 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 LIABILITY: 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 of operations/locations/etc. Box must include the statement: "THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED" CERTIFICATE HOLDER SHALL BE LISTED AS: TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD,NY 11971 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€€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 party 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. be at the oPtion of the Highway Do _men�. 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 I 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 OffW-" TOILET. The Contrae 4de an "ffl"e trailer- r by the toNNq� and its re, The trailer- shall be elifflate eentr-olled and have a elean plan tall , a ha:. r..,oinside. The Contractor shall provide and maintain a sanitary v...., idea� 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 i 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, additional " the perfa"" 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 SIXTY (60) 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. S. 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. Bond,10. CONTRACT SECURITY. > equal to one0 ) of the amount of the bid as seeufit), fef the faithfid! peffeffnanee 0 .i , and fef the 'aymerA of all per-sons per-fens ing labor f•,,-.. hing materialsin canneetion with this Gentfaet. The Pei=foFfflanee Bond shall be %T-itten so as to r-ernain in full foree and effeet as a maintenanee bond for- a period of not less than one (1) year- after the dat LLVVVpLUIIVV V1 L11V wer-k by the E CC - 4 CONDITIONS OF CONTRACT (b) Additional or- Substitute Bond: if at any time the Ovaier,shall be of beeofne dissatisfied with e.Ry sufet�, or- sufeties, or- if fef any other reason sueh bond shall cease to be adequate secur-ity to the 0,Amer-, the Centraeter- shall within five (5) days after- fiefiee ffem the Owner- to do so-, satisfaetei-y to the OlAffien The p iueh bonds shall be made until the new sufety 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 further 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 anydamages 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 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^ the Pei:formanee Bend. 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 constriction 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 warrantsthat 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 the 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. r 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 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. 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 "Demolition of the Sill's Farm Buildings" PROPOSAL PACKAGE BID OPENS: July 13, 2023 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 10 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. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A 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. ❑ Assumed Name Certification. ❑ Bidder'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 10 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE emmmmmmmmmmmmmmmmmmmmmmmemmmmmmmmmmmmmmmmmemmmm m m m m is m m m m m m m m m m m m m m a m a m m m m m m m m m m mm If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 10 VENDOR NAME: 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 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. AUTHORIZED SIGNATURE Proposal Package 5 of 10 I 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 person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE NIE THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed _ Federal I.D.Number Proposal Package 6 of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: 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.) 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 10 Demolition of the Sill's Farm Buildings 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 General Conditions&Mobilization 'I 1 for _/LS Dollars Cents Temporary Access Road(Crushed Stone) 2 10,400 for /LF Dollars Cents Erosion&Sediment Control 3 670 for /LF Dollars Cents Unclassified Excavation&Embankment 4 1 for /LS Dollars Cents Clearing&Grubbing 5 27,500 for /SF Dollars Cents Temporary Fencing 6 750 for /LF Dollars Cents Structures 1-3 Removal(including Foundation) 7 1 for /LS Dollars Cents Silo Removal 8 1 for /LS Dollars Cents Demolition of the Sill's Farm Buildings 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 Site Restoration 9 1 for /LS Dollars Cents LIRR Compliance 10 1 for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS Construction Mat Access Road ALT#1 7,400 for _ _/SF Dollars Cents 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. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC Proposal Package 10 of 10 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 hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 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? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? 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 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. 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 Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 r 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 Capacity 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? 10. Bank References: 1 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 ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of , 2023 Notary Public Commission Expiration Date: QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Twenty-Three by and between the Town of Southold, party of the first part (hereinafter called the Owner), and ply of the second part(hereinafter called'Contractor). 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 Demolition of the Sill's Farm Buildings AS DESCRIBED IN THE Contract Documents made and prepared 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), Pe--rf�anee tea, 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 Dollars Written in Words Written in Figures TOWN OFSOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC A-3 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.ny.gov r ?n A6r„_ d 4 Kathy Hochul,Governor 9,p� -1 Roberta Reardon,Commissioner NLO Town of Southold Schedule Year 2022 through 2023 Michael Collins,Town Engineer Date Requested 05/03/2023 53095 Main Road PRC# 2023005123 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolition of dilapidated farm buildings and silo contaminated with asbestos and lead paint 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 2022 through June 2023. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.ny.gov. 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.ny.gov. PW 200 Ask.PWAsk@labor.ny.gov r DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD CONTROLLED DEMOLITION OF SILLS FARM CONTAINING ASBESTOS/NO ASBESTOS & ASBESTOS ABATEMENT 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 that might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. I —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 14 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL INTENT OF CONTRACT The goal of this project is to successfully abate (lead and asbestos) and demolish three (3) dilapidated building structures and demolish a concrete silo structure at Sill's Farm in Greenport. Access to the work site is challenging based upon the low-lying, environmentally sensitive surrounding area. The Contractor is to have (1) experience and the sensitivity of working around freshwater and tidal wetlands, a comprehensive understanding/experience of 6NYCRR Part 56 regulations, an understanding of working around and in coordination of an active railroad and lastly a profound respect for a historical nature preserve that serves the residents and visitors of Southold Town. As stated earlier access and the limited footprint to conduct demolition operations is the most challenging aspect to this project. The first 1000' feet of the access-way from NY-25 is wide enough for a small truck, small to mid-size construction equipment (backhoe, loader, roll-off truck) and then the roadway narrows down to a path that is soft and yielding due to its proximity to the groundwater table. The surrounding areas off this road/path are wetlands and perched groundwater bodies. The path continues along the west side of the pond which will need to be enhanced with a filter fabric and crushed stone road bed in order to accommodate the construction vehicles/equipment. The LIRR issued an entry permit which is part of this bid package that outlines all of the responsibilities of the Contractor to traverse safely over the LIRR tracks in strict compliance to the entry permit. There was a roadway that once existed on the south side of the railroad (see plans for details) that needs to be restored since the area has become overgrown. All abatement and demolition activities associated with this project will need to be conducted in accordance with the NYSDEC Wetland Permit, LIRR Entry Permit as well as all conditions included in the contract document. The Contractor shall include any and all provisions and costs associated with compliance to the permits obtained for this project and Southold Town requirements. Once all material has been properly removed from the site, the staging areas, footprints of all removed structures and pathways will be restored in accordance with the plans and specifications. The contractor shall possess all certifications and qualifications required to handle and transport the material (construction debris, ACM/Lead materials) to a permitted facility. All tracking documents and manifests will be provided as well as all notifications to local and State regulatory agencies. The Contractor should be aware that public access to Sill's Farm will be restricted during this project. However, this does not relieve the Contractor in any way of their contractual and regulatory obligations to protect the surrounding environment (air, soil, water) from contamination and the public's safety (LIRR, entry into site). DIVISION 1 - Page 2 of 14 DIVISION 1 - GENERAL REQUIREMENTS QUALIFICATIONS This section describes the required information regarding the qualifications of the bidder that must be set forth in bids submitted to the Town. Failure to submit information may result in disqualification from consideration. Any knowingly false statement(s) shall be grounds for termination of the awarded contract. A. This project requires appropriate licensing from the NYS Department of Labor Asbestos Licensing and Certification Unit. Copies of all pertinent licenses must be included with bid submission. B. Copies of all Pertinent licenses must be included with bid submission. C. This project requires 5 years of previous experience as it directly relates to the stated SOW. Documentation must be provided in support of the cited experience. D. This project requires proof of experience with at least one (1) project near an environmentally sensitive area such as a Freshwater of Tidal Wetlands. Documentation must be provided in support of the cited experience. METHOD OF AWARD It is the intention of the Town of Southold to award this bid to the overall lowest responsible/ responsive bidder; 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. 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 DIVISION 1 - Page 3 of 14 DIVISION 1 - GENERAL REQUIREMENTS equipment or materials within the Site Area except with written permission from the Engineer. All maintenance and protection of traffic performed on this contract shall be in accordance with the LIRR entry permit and the latest edition of the New York State Manual of Uniform Traffic Control Devices MUTCD). 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 a 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 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. LABOR, LAWS,AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the labor 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. CONTRACT PERIOD AND CONTRACT EXTENSION The contract term shall be from date of award to the proposed completion date of sixty (60) calender days from the start of work. This contract may be renewed, upon mutual agreement between the Town of Southold and the awarded vendor, and said renewed contract shall include the Town's latest terms and conditions. The Town reserves the right to modify or terminate the contract. DIVISION 1 - Page 4 of 14 DIVISION 1 - GENERAL REQUIREMENTS MOBILIZATION The Contractor shall provide all labor, materials, equipment, and services necessary to perform the intended work. Materials and equipment required for the performance of the work may be stored at the sites only at locations and for periods of time as approved by the Town/Engineer. SERVICE 1. The Contractor shall use only qualified personnel directly employed or supervised by their company. 2. The Contractor shall take all reasonable precautions to avoid damage to property or injury to persons. 3. The Contractor shall instruct the Owner or their Duly Authorized Representative in the basic operation of systems to provide the best operating efficiency or conditions. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Town/Engineer. The Contract shall,within five(5)days after signing the contract,submit a list of proposed Subcontractors to the Town/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 Town/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 Town/Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Town/Engineer with the name and qualifications of the replacement Subcontractor for approval by the Town/Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to the 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 may relate to or govern the construction work. DIVISION 1 - Page 5 of 14 C DIVISION 1 - GENERAL REQUIREMENTS 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 Town/Engineer. GUARANTEES A. Before issuance of the final payment voucher, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. 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 prices bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL l DIVISION 1 - Page 6 of 14 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 Owner, at the lump sum or unit prices for the items listed herein. OWNER'S ESTIMATE OF QUANTITIES The OWNER'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 agree 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. DEFINITION OF TERMS A. "Friable asbestos" shall mean any friable asbestos-containing material as defined by 12 NYCRR Part 56. B. "Non-friable asbestos" shall mean any non-friable asbestos-containing material as defined by 12 NYCRR Part 56. C. "Contractor" shall mean the vendor contracted with the Town of Southold to provide demolition and/or asbestos abatement. D. "Controlled Demolition" shall mean the demolition of a structure with asbestos-containing material in place. E. "Asbestos abatement" shall mean abatement as defined by 12 NYCRR Part 56. PAYMENT ITEMS The method of payments and measurement of payments for each contract item shall be described on the Proposal Form (PF) section of the bid specifications and in the Contract itself. DIVISION 1 - Page 7 of 14 DIVISION 1 - GENERAL REQUIREMENTS Item 001 —General Requirements & Site Mobilization 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include but not limited to the following; temporary utilities, supervision and management, on-going project-related expenses, insurances, labor, materials, equipment, and incidentals necessary to mobilize (re-mobilize if needed), construction staging, meet all of the general requirements set forth under Division 1 including but not limited to project closeout activities and demobilize from the construction site upon successful completion of the project. The Contractor shall furnish one (1) lump sum cost as specified, shown on the Contract Drawings and as approved by the Owner/Engineer. 2. Method of Payment: Payments shall be made in accordance with the following schedule: a. 25% first partial payment b. 75% based upon a percentage of completion 3. Intent: This bid item shall facilitate the requirements of Division 01000 of the specification and construction operations. Item 002—Temporary Access Road 1. Method of Measurement: The Contractor shall receive a square foot payment which shall include but not limited to the following; Crushed Stone road bed, Filter Fabric, labor, materials, equipment, and incidentals necessary to Contstruct the proposed temporary access road. The Contractor shall receive the lump sum price for the installation and removal of the temporary access road as specified and shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be paid by square foot. All costs associated with the installation and removal of the temporary access road, labor, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Owner shall be included in the square foot price for this Item. No material is to remain on site once work is complete. 3. Intent: The Contractor shall complete the work required to construct the temporary access road as shown and described in the Contract Documents. Item 003 —Erosion & Sediment Control 1. Method of Measurement: The Contractor shall receive the linear foot price for Erosion and Sediment Control. 2. Method of Payment: Payment for this item shall be linear foot. Compensation under this work item shall be made separately and based upon the completion of the work by percentage. All costs of erosion & sediment control, Silt Fence, labor, equipment and DIVISION 1 - Page 8 of 14 DIVISION 1 - GENERAL REQUIREMENTS materials necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 3. Intent: The contractor shall prepare the site as required to complete the work shown on the Construction Drawings. The Contractor shall install and maintain sediment and erosion control methods for use for construction and as shown on the Construction Drawings. Silt fence, hay bales, and construction entrance shall be left on site. Item 004—Unclassified Excavation & Embankment 1. Method of Measurement: The Contractor shall receive the lump sum price for the Unclassified Excavation& Embankment as shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be lump sum. All costs associated with the excavating, stockpiling, rehandling of piles, grading, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. All unsuitable material shall be taken to a NYSDEC approved facility. Any tipping fee for this waste shall be borne by the contractor. 3. Intent: The contractor shall excavate and grade the site as shown on the plans and as required to avoid any disturbance to the surrounding sensitive wildlife areas. Item 005—Clearing and Grubbing 4. Method of Measurement: The Contractor shall receive the Square foot price for the Clearing and Grubbing as shown on the Contract Drawings. 5. Method of Payment: Payment for this item shall be by squared foot. All costs associated with the clearing, grubbing, labor,materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. All material shall be taken to a NYSDEC approved facility. Any tipping fee for this waste shall be borne by the contractor. 6. Intent: The contractor shall clear and grub the site as shown on plans and to allow for proper site clearance for the proposed work to be complete. Item 006—Temporary Fencing 7. Method of Measurement: The Contractor shall receive the linear foot price for the Temporary Fencing as shown on the Contract Drawings. 8. Method of Payment: Payment for this item shall be per linear foot. All costs associated with the installation of temporary fence, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be DIVISION 1 - Page 9 of 14 DIVISION 1 - GENERAL REQUIREMENTS included in the linear foot price bid for this Item. 9. Intent: The contractor shall install the temporary fencing as shown on plans. Item 007—Structures 1-3 (Including Foundation) Removal 10. Method of Measurement: The Contractor shall receive a lump sum price for the building and foundation removals as shown on the Contract Drawings. 11. Method of Payment: Payment for this item shall be lump sum. All costs associated with the building and foundation removal, Asbestos abatment, proper transportation and disposal of asbestos materials, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 12. Intent: The contractor shall remove the building and foundations as shown on plans. Item 008 - Silo Removal 13. Method of Measurement: The Contractor shall receive a lump sum price for the Silo removal as shown on the Contract Drawings. 14. Method of Payment: Payment for this item shall be lump sum. All costs associated with the silo removal, transportation and disposal of materials, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 15. Intent: The contractor shall remove the existing silo as shown on plans. Item 009 —Site Restoration 16. Method of Measurement: The Contractor shall receive a lump sum price for the Restoration as shown on the Contract Drawings. 17. Method of Payment: Payment for this item shall be lump sum. All costs associated with the restoration of any areas disturbed during construction, cleaning of the temporary access road back to its original condition,Raking, Fine Grading,Topsoil and Seed, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 18. Intent: The contractor shall resotre site to its original condition before the commenment of construction. Item 010—LIRR Compliance 19. Method of Measurement: The Contractor shall receive a lump sum price for the DIVISION 1 - Page 10 of 14 DIVISION 1 - GENERAL REQUIREMENTS compliance with any LIRR permit and regualtions neccessary. 20. Method of Payment: Payment for this item shall be lump sum. All costs associated with the compliance of LIRR permit and regulations, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 21. Intent: The contractor shall comply with all LIRR regulations to complete the Work shown in the contract drawings. Alt 1 —Construction Mat Access Road 1. Method of Measurement: The Contractor shall receive a square foot payment which shall include but not limited to the following;Construction mats , labor, materials, equipment, and incidentals necessary to Construct the proposed temporary access road. The Contractor, shall receive the lump sum price for the installation and removal of the temporary access road as specified and shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be paid by square foot. All costs associated with the installation and removal of the temporary access road, labor, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Owner shall be included in the square foot price for this Item. No material is to remain on site once work is complete. 3. Intent: The Contractor shall complete the work required temporary access road as shown and,described in the Contract Documents. END OF SECTION 01025 DIVISION 1 - Page 11 of 14 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Controls—Barriers, protection of the work, and water control. B. Construction Facilities—parking,progress cleaning, and project signage. C. Temporary Utilities—Sanitary facilities. TEMPORARY SANITARY FACILITIES (to be provided on the basis of any local ordinance or OSHA work requirement) A. The Contractor shall provide at the site suitable enclosed toilet facilities for the 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. First Aid Facilities and Accidents B. 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. C. 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 causes death, personal injury or property DIVISION 1 - Page 12 of 14 DIVISION 1 - GENERAL REQUIREMENTS damage, giving full details and statements of the 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. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection, and cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. Comply with all applicable codes and arrange for all necessary inspections and approvals. E. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from the site and dispose of 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 the installation or use of temporary work. C. Restore existing facilities used during construction to the original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 - Page 13 of 14 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 workplace procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance with 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 1926—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 or 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 safe, 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 14 of 14 DIVISION 2 - SITE WORK 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 that might affect the work under the Division. TABLE OF CONTENTS - DIVISION NO.2 -SITE WORK Included in this Division are the following sections: 02050 Demolition& Removals 02080 Asbestos Abatement(Buildings) 02150 Clearing and Grubbing 02200 General condtions and Site Mobilization 02270 Erosion and Sediment Control 02320 Unclassified Excavation& Embankment 02911 Topsoil 02920 Hydroseed Mix r DIVISION 2—Page 1 of 16 DIVISION 2 -SITE WORK SECTION 02050—DEMOLITION & REMOVALS 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 and/or as directed by the Town/Engineer. SCOPE In general, the demolition and removal 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 demolish, remove and dispose of all materials associated with the demolition or removals work. Such materials include,but are not limited to, Existing Silo and foundation, existing building foundations, concrete block, steel bar joists, steel framing, asphalt pavement, wood, concrete, concrete structures, piping above and below grade, crushed stone pavement, electric, water and gas services, and distribution piping and mechanical systems and equipment. B. All waste materials(No Asbestos or Non-Friable Asbestos)generated from the demolition shall be disposed of at a town/engineer approved site. All incidentals associated with transportation and disposal shall be borne by the Contractor. All transportation and disposal costs are to be borne by the contractor. A manifest shall be generated for all waste materials removed from the site. C. All friable demolition debris shall be brought to an approved waste facility. Under no circumstance shall friable asbestos be delivered to an unapproved site. The contractor shall provide proper documentation (manifest) to the Town of Southold to ensure the friable asbestos is disposed of at an approved waste facility. All costs associated with the lawful removal and carting of material shall be borne by the Contractor. D. Site demolition shall be limited as defined by the Town/Engineer. Any areas adjacent to the project limits 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 during demolition and removals. F. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. DIVISION 2—Page 2 of 16 DIVISION 2 -SITE WORK DEMOLITION DESCRIPTION AND DETAILS A. The Contractor shall completely remove all Silo material, Building Foundations paving, asphalt, concrete, and debris as directed by the Town/Engineer. All materials and debris to be demolished shall be removed and disposed of off-site at a NYSDEC approved facility. All transportation and disposal costs are to be covered by the contractor. B. The Contractor shall exercise extreme care NOT to damage the existing structures and surfaces which are to remain. The Contractor shall remove from the site all cut-offs and demolished materials and replace remaining voids and previously occupied spaces with suitable granular fill material properly compacted in place. C . Off-site disposal for all demolished material and debris shall be at a NYSDEC approved site. All 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. All transportation and disposal costs, including tipping fees are to be covered by the contractor. D. The Town of Southold shall bear the responsibility of clearing in the event of excessive debris at the site EXCLUSIVE of any and all debris associated with the demolition. END OF SECTION 02050 - DEMOLITION & REMOVALS DIVISION 2 — Page 3 of 16 DIVISION 2 -SITE WORK SECTION 02080—ASBESTOS ABATEMENT (BUILDINGS) DESCRIPTION Under.this Section, the Contractor shall supply all labor, materials, equipment, and incidentals necessary to complete the Asbestos Abatement as specified herein and/or as directed by the Town/Engineer. SCOPE Perform all work in compliance with the most current version of all pertinent laws, rules, and regulations, existing at the time of work. Removal is required. The Contractor shall conduct an asbestos removal project. This must be performed by a licensed asbestos abatement contractor in accordance with all standards set forth in the Report of Asbestos Containing Materials Inspection. Prior to beginning any work under this item, the Contractor shall supply the Town/Engineer with proof that the firm performing the work has a valid asbestos handling license; that its insurance coverage whether provided by the Contractor or the Asbestos Subcontractor, is consistent with §107-06 Insurance and includes an asbestos-specific, occurrence-type policy with no deductible or sunset clause; that its project supervisor is an NYSDOL certified asbestos project supervisor; that all employees engaged in the work are properly certified and have current physical examinations and respirator fit tests; and that the proper notification of work beginning on the asbestos project has been given to the New York State Department of Labor (NYSDOL) and the United States Environmental Protection Agency(USEPA). The Contractor shall schedule a coordination meeting between the Asbestos Subcontractor and the Department contracted Asbestos Project Monitor to be held at least two (2) weeks before the start of any asbestos abatement work. The Contractor shall remove and dispose of ACMs in accordance with 12 NYCRR 56 or, if indicated, an approved variance thereof promulgated by the New York State Department of Labor (NYSDOL); the National Emission Standards for Hazardous Air Pollutants (NESHAP), promulgated by the United States Environmental Protection Agency (USEPA); and the Occupational Safety and Health Administration (OSHA). In the event of a conflict between these specification requirements and laws, rules and regulations of Federal, State, or local agencies, the more restrictive shall apply. ACM shall be disposed of in accordance with 40 CFR Part 61 and all other requirements and laws, rules, and regulations of applicable Federal, State, or local agencies. Disposal sites that accept ACM for disposal shall be permitted by the New York State Department of Environmental Conservation(NYSDEC). If disposed of out-of-state, the rules, regulations, and laws of that state shall apply. After the work is completed, the Contractor shall provide the Town/Engineer with two copies of Daily Logs, Visitor Logs, Final Visual Inspection Logs, and OSHA Air Monitoring records. DIVISION 2 — Page 4 of 16 DIVISION 2 -SITE WORK The Contractor shall also provide the Town/Engineer with a written certification that the material was disposed of in an approved waste disposal site. For friable waste, this certification shall be in the form of a Waste Shipment Record. For non-friable waste, this certification shall include the name and address of the waste disposal site or sites used. END OF SECTION 02080—ASBESTOS ABATEMENT DIVISION 2— Page 5 of 16 DIVISION 2 -SITE WORK SECTION 02150 - CLEARING AND GRUBBING WORK INCLUDED The work shall consist of clearing and grubbing the entire area of the project site to the limits indicated on the contract drawings and/or as directed by the Engineer. The Contractor shall carefully protect and guard all trees and shrubs except those to be removed within or adjacent to the project site. The use of any machine, equipment or appliance on any part of the work in such a manner as to injure, sear, or kill such trees and shrubs,which are to remain, is prohibited. The Contractor shall remove all trees, brush, stems, branches, stumps, stubs, roots, dead wood, undergrowth and other objectionable material in the area shown on the contract drawings and/or as directed by the Engineer. REMOVAL AND DISPOSAL All materials cleared and grubbed shall be disposed of as follows: 1. Off-Site Disposal: Cleared and grubbed material shall be disposed of off-site at an approved New York State Department of Environmental Conservation Facility. All cost associated with transportation and disposal of material will be paid for by the contractor. 2. All uprooted vegetation from the land clearing operations shall be removed or properly disposed of within 15 days. 3. Burying or burning of cleared and grubbed material is strictly prohibited. GRADING The area cleared shall be rough graded to the lines and limits as shown on the plans and shall be left with a neat and finished appearance. The area shall be rough graded in a manner so not to cause storm water runoff to impact adjacent areas. END OF SECTION 02150 - CLEARING AND GRUBBING DIVISION 2—Page 6 of 16 DIVISION 2 - SITE WORK SECTION 02200—GENERAL CONDITIONS & SITE MOBILIZATION 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. Location B. The contractor shall work with the Long Island Rail Road (LIRR) and comply with all conditions set forth by LIRR Entry Permit EP-1444 (See Appendix)with no exceptions. C. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. D. The contractor shall protect all existing structures that are not to be removed under this contract. INSPECTION A. The Contractor shall visit and thoroughly familiarize themselves 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 the start of work and ascertain the location of all existing utilities. C. Notify and comply with all LIRR standards and requests prior to the start of work to allow for the proper movement of any equipment to the proposed work site. D. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, structures, shrubs and under-growth not to be removed and shall replace at his own expense any such existing DIVISION 2 —Page 7 of 16 DIVISION 2 -SITE WORK plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Town/Engineer. B. All trees/shrubbery removed shall be brought to the Southold Landfill. Coordination with the Town Department of Waste management 36 hours prior to delivery is required. ADJUST AND CLEAN 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. Topsoil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from the tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. C. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. D. Material shall only be stockpiled in locations approved by the Town/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. E. Any trees damaged during demolition that are outside the area of work shall be repaired. 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 Town/Engineer. F. Where cuts expose or affect root systems of trees,the exposed roots shall be cut off 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—GENERAL CONDITIONS & SITE MOBILIZATION DIVISION 2—Page 8 of 16 DIVISION 2 - SITE WORK SECTION 02270—EROSION & SEDIMENT CONTROL GENERAL ENVIRONMENTAL REQUIREMENTS A. The Contractor shall protect adjacent properties and water resources from erosion and sediment damage throughout the life of the contract in accordance with the contract plans & specifications. B. Inspection of all erosion control measures and drainage inlets after any significant rainfall. Accumulated silt/sediment should be removed when the depth of sediment reaches 50 percent of the barrier height. Accumulated silt/sediment should be removed from behind silt fencing when the depth of the sediment reaches 6 inches. A significant rainfall shall be defined as over 1 inch of precipitation in any consecutive 24-hour period. PRODUCTS Description. Furnish, install, and maintain silt fence as shown on plans or as directed. PREPARATION A. Review site erosion control plan attached to this section of the specifications. B. Deficiencies or changes in the erosion control plan as it is applied to current conditions will be brought to the attention of the Engineer for remedial action. EROSION AND SEDIMENT CONTROL IMPLEMENTATION A. Provide catalog cuts and information concerning the erosion control products which will be used for constriction for review by the Engineer. B. Provide information concerning the installation of the erosion sedimentation control for review by the Engineer. C. Place erosion control systems in accordance with the erosion control plan, approved installation procedures and per the manufacturer's requirements. D. The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and embankment operations. The Owner has the authority to direct the Contractor to provide immediate permanent or temporary pollution control measures. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practical time to minimize the need for temporary controls. Cut slopes shall be permanently seeded and mulched as the excavation proceeds to the extent considered desirable and practical. E. The temporary erosion control systems installed by the Contractor shall be maintained as directed by the Engineer to control siltation at all times during the life of the Contract. The Contractor must respond to any maintenance or additional work ordered by the Engineer within a 48 hour period. DIVISION 2 — Page 9 of 16 DIVISION 2 - SITE WORK F. Any additional material work required beyond the extent of the erosion control plan shall be paid for by the Owner except where such measures are required to correct deficiencies caused by the failure of the Contractor to construct the work in accordance with the erosion sediment control plan. G. Slopes that erode easily shall be temporarily seeded as the work progresses with a cereal grain of wheat, rye or oats. END OF SECTION 02270 -EROSION & SEDIMENT CONTROL DIVISION 2 — Page 10 of 16 DIVISION 2 -SITE WORK SECTION 02320 -UNCLASSIFIED EXCAVATION AND EMBANKMENT CLASSIFICATION Classification of excavation: Excavation shall be unclassified, and the term "unclassified excavation" shall be understood to mean any and all materials encountered during excavation work including structures, pavement, trees and stumps, foundations, retaining walls, earth, piping, demolition, drainage systems, etc. GENERAL SITE EXCAVATION A. The Contractor shall cut to exact elevations, grade and transport excavated materials to fill areas of the site if the material conforms to the specifications and/or as approved by the engineer. Material, which is unacceptable to the Engineer, shall be disposed of at the tD Contractor's expense. B. Unstable soil shall be removed and replaced with sand or gravel and shall be thoroughly compacted. C. Adequate provision shall be made to intercept or divert all surface water from the areas of construction operations and designated wetlands. D. The Contractor shall establish a construction grid for the areas of proposed excavation and grading to establish all stakeout, layout, and elevations necessary to perform the intended construction. Surveying shall be performed by a Licensed Land Surveyor acceptable to the Engineer. All instruments,equipment, stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. EXCAVATION FOR STRUCTURES: A. Depth: As indicated B. Clearance: Sufficient for formwork or other work to be performed. C. Embankments and Berms: Excavate to angle of recline or provide sheeting, shoring and bracing required for containing earth bank. D. Excess Depth: Carry footing and foundation walls to undisturbed soil. E. Loose Material and Debris: Keep out of excavation so footings will rest on solid, undisturbed soil. F. Protect against frost until concrete is poured. t G. Soil Bearing Capacity: Do not proceed with pouring footings until nature of soil under footings DIVISION 2—Page 11 of 16 DIVISION 2 -SITE WORK has been inspected and approved by the Engineer. EXCAVATION FOR PIPES AND CONDUIT Trench excavation to depths and widths as indicated on the contract drawings and or as directed by the engineer. END OF SECTION 02320 -UNCLASSIFIED EXCAVATION AND EMBANKMENT DIVISION 2 —Page 12 of 16 DIVISION 2 - SITE WORK SECTION 02911 —TOPSOIL DESCRIPTION A. 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 Town/Engineer. B. The Contractor may stockpile and use existing onsite topsoil and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Town/Engineer the following for topsoil from both onsite and offsite sources: 1. Test results and recommendations for modifying soil by-an approved agricultural laboratory. 2. Test results including the percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, pH value, and gradation. MATERIALS A. Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from the subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than F in greatest diameter. The organic content shall not be less than 5% or more than 20% as determined by loss on ignition of moisture-free samples dried at 100 degrees. B. The pH of the topsoil shall be between 5.5 and 7.6. C. All topsoil shall meet the following mechanical analysis: Percent Passing F Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 D. 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. E. All percentages shall be based on the dry weight of samples. DIVISION 2 —Page 13 of 16 i DIVISION 2 -SITE WORK CONSTRUCTION DETAILS A. No topsoil shall be spread until the subgrade elevations and the topsoil have been verified by the Contractors surveyor and approved by the Engineer. B. 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. C. The Contractor shall rake and fine grade all areas within the contract limit lines. All equipment tracks, depressions, etc., shall be graded smooth. D. The Contractor shall amend soil as required to the recommendation of an agricultural laboratory. E. The Contractor shall supply required erosion control to protect the contract area. Any erosion, which may occur during construction, shall be repaired by the Contractor at no additional expense to the Town. END OF SECTION 02911 -TOPSOIL DIVISION 2 — Page 14 of 16 DIVISION 2 -SITE WORK SECTION 02920—HYDROSEED DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary to apply hydroseeding, amend the soil and establish an acceptable stand of grass as specified, shown on the Contract Drawings and as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, i.e. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1-year maintenance) MATERIALS A. The seed mixture should be as follows and applied at a rate of 150 pounds per Acre: 35% Care Free.Tall Fescue 35% Cavalcade Tall Fescue 15% Affinity Perennial Ryegrass 15% PS 8990 Perennial Ryegrass B. All fertilizer and lime shall'be of commercial grade. C. A 100% wood fiber mulch binder should be incorporated into the seed mixture at a rate of eight (8) pounds mulch per one (1) pound of seed. D. The 100% wood cellulose fiber mulch binder should meet the following requirements: Organic Matter 98%±2% Ash Content 1.4% pH 6 + 2 Water Holding Capacity 90% minimum DIVISION 2 — Page 15 of 16 DIVISION 2 -SITE WORK CONSTRUCTION DETAILS A. Any existing vegetation determined by the Engineer to be unsuitable shall be removed by the Contractor prior to installing jute or erosion control mat. B. Seeding shall be done between April 151h to June 15`h and September ls` to November 151h C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a continuous non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for ruse and no compensation will be made for seed so rejected. F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one-half(2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re-seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, protect if necessary, the areas until a satisfactory stand is obtained. G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed, the affected portion shall be repaired to re-establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. END OF SECTION 02920—HYDROSEED DIVISION 2 — Page 16 of 16 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P-(631)444-03651 F (631)444-0360 www.dec.ny.gov August 11, 2017 Town of Southold PO Box 1179 Southold,NY l 1971-00959 Attn: John Sepenoski, Land Management Coordination Re: NYSDEC Permit#: 1-4738-04540/00001 Bay to Sound Integrated Trails, Pipes Cove Rd to CO Rte 48, Greenport Establish Walking Trails,Boardwalks, Observation Blinds, Clean Up Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 1) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kevin Kispert Environmental Analyst II Enclosures KAK/filc cc NYSDEC Habitat NYSDEC MHP Nick Gibbons,Suffolk County Parks NEW YUNAORK I Department of PAppgTEnvironmental Conservation Adk 4111100 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility-DEC ID 1-4738-04540 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information r Permit Issued To: Facility: TOWN OF SOUTHOLD BAY TO SOUND INTEGRATED TRAILS PO BOX 1179 BETWEEN PIPES COVE & CO RTE 48 SOUTHOLD, NY 11971-0959 GREENPORT,NY 11944 (63 1) 765-1283 Facility Permit Contact: SUFFOLK COUNTY DEPT OF PARKS PO BOX=144 ATTN;'NICHOLAS GIBBONS WEST SAYVILLE,NY 11796-0144 (631);854-4949 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: SOUTHOLD Fac ility,Principal_1Reference_Point: NYTM-E: 7.19.742 NYTM-N: 4552.239.. _ _._:_.,. .. . . - Latiiude: 41°05'30.2" Longitude: 72°23'01.2" Authorized Activity: Establisli walking trails via selective trimming and limbing, replace.-one.-4"wide boardwalk.=and construct seven new 4' wide boardwalks 18" above grade, construct two 8`- y 8' observation blinds, demolish and remove dilapidated.farm buildings, remove.2500 sf of concrete/asphalt from Old Main Road, remove existing concrete arch, iri's a•60'•by.-6':pfe=made footbridge over Moore's Drain and establish plantings of appropriate native vegetation. All work must be done as described in the attached Bay to Sound Project Description, and as shown on the attached Overall Site Plan and Detail Maps#s 1 — I1 dated 5/18/17, the Site Cleanup Map dated 7/5/17, and the Mitigation Area Maps pages 1 - 4, last revised 7/17/17, all prepared by John Sepenoski, Town of Southold, and stamped '.'NYSDEC Approved"on 8/ll/17;.:._ Permit Authorizations Freshwater Wetlands - Under Article 24 Permit ID 1-4738-04540/00001 New Permit Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Tidal Wetlands - Under Article 25 Permit ID 1-4738-04540/00002 New Permit Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Page 1 of 7 ASk NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: ROGER EVAN,S;-Regional Permit Administrator Address: NYSDECRegion I Headquarters SUNY @ Stony BrookJ50 Circle Rd Stony Brook Y 11 0 -3409 Authorized Signature: Date t�./ /� / /7 Distribution List SUFFOLK COUNTY DEPT OF PARKS Habitat Marihe,Habitat Protection KEVIN A KISPERT - - Permit Components NATURAL RESOURCE PERMIT CONDITIONStZ:: _.- GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 5/8/2017 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Eoll0wing Permits: FRESHWATER WETLANDS; TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John Sepenoski, Town of Southold, and stamped "NYSDEC Approved" on 8/11/17. Page 2 of 7 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 2. post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. Work Area Limits Any work, disturbance, and or storage of construction materials shall be confined to within the-limit of clearing and ground disturbance shown on the approved plan: 5. No E ui meant in Wetland Heavy includin bulldozers backhoes, payTbaders, etc., 9 P Y g shall not be operated in the wetlands. ,. 6. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer`areas. 7. Materials Disposed at Upland Site Any demolition debris, excess construction materials, andgr exces's excavated materials shall be immediately and.completely disposed of on anapproved upland 'site more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as:not:to:re.;enterany_water-body_;,,wetland, or-wetland.adjacent;area;.• _.;::,_.._- -�:.:.-;:_. :::;� :- M�f 8. Storage of.Equirnii iat;`1terials, The storage of construction equipment and material s_shall'be- confined.wiiliin the project work area and/br upland areas greater than 75 linear feet from the tidal ` wetldnd boundary. f 9. Wood Preservatives/Pressure Treated Lumber restrictions Pressure treated wood used for construction of structures within the wetland must have undergone a treatment process approved (stamped or otherwise marked as certified) by the American Wood Preservative Association. !•r The use'of creosote-treated,wood is..prohibited both.in the water and upland areas.... Wood treated witifP6htachlorophenol (PCP) must riot be used.in marine or brackishfwaters. Chromated Copper Arsenate (CCA), Alkaline Copper Quaternary. (ACQ), or Micronized,Copper Quartemary (MCQ) pressure treated wood must be clean and free of CCA, ACQ, or MCQ surface deposits. Wood with surface deposits must be washed for at least 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. Cutting of treated lumber must be greater than 100 feet from any regulated freshwater wetland. Any wood debris such as sawdust or wash water must not enter any water body, wetlands or protected buffer areas. 10. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than48 hours shall be contained by a continuous line of staked haybales/silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. I Page 3 of 7 �s NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 I I. Erosion Control Required In stream or upland erosion control must'be used as needed at the stream daylighting portion of the project. Any soil that enters the stream must be removed immediately. No downstream turbidity is permitted. 12. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 13. Seed, Mulch Disturbed Areas All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project, within two days of final grading, or by the expiration of the permit, whichever is first. 14. Temporary Mulch, Final Seeding If seeding is impracticable`due,to the time of year, a temporary mulch shall be applied and.-final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after projectcompletion. 15. Planting Required All that area of the newly created banks of the daylight stream',restoration area 3) and all of the disturbed area of restoration area 2, as shown on the approved plans must'b1:e planted with a mix of shrubs. Shrubs must be native, wet tolerant and a minimum of 3 gallon stock. Shrubs must be planted-;6 feet on center. Those same areas must be seeded with a native perennial seed mix;at a rate of 15 lbs.per acre. Planting and seeding must be completed within 6 months of the daylighting of the stream.': i Acceptable shrub species include: highbush blueberry,pussy willow, arrowwood, swamp azalea, sweet pepperbush, spice bush, bay berry, inkberry, winterberry, and chokeberry. Other spices of native, wet tolerant shrubs may also be acceptable. Many of the species listed are sufficiently shade tolerant excerpt for bayberry:°=Permit..holder.must contact:this office--tosdiscuss:other_species-of shrub wln7addition,permit holder may choose to_.plant;additional tree species. Trees must be native, wet tolerant and a minimum of 3 gallon stock.-:Tiees should be plan' ted.about 15 feet on center. Tree planting does not reduce:the dens -ofshrubs required. Acceptable tree species include: red maple, tupelo andbla&k willow. Other, spices of native, wet tolerant trees may also be acceptable;Permit holder_must"contact this office to discuss other species of trees. No cultivars of trees and shrubs&e`acceptable. 16. Minimum % Vegetative Cover Suitable vegetative cover is defined as a minimum of 85 % area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 17. 2 Year Plant Survival All plantings shown on the:drawings made-a part of this-permit must survive for a minimum of two growing seasons. If mortality exceeds.ten percent,.or bare areas occur, dead plants must be replaced. Page 4 of 7 r AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 18. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or-cause loss or destruction of the natural resources,of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 19. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 20. Precautions Against Contamin"a"tion of Waters All necessary pi=ecautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, pa m nts, concrete, leachate or any other environentally deleterious materials associated with the project. 21. State Not Liable for Damage The State of New York shall in no case be liable for any. damage or injury to the.structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes,. and no claim or right to compensation shall accrue from any such damage. �E1�11EIFAI_, ��I�I)I'I'I®I�1S - Apply f® ALL Auth®rased Perin�ts: . t. Facility inspection by:The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times'at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 5 of 7 dOWi NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include-any-forms or supplemental information the Department requires. Any renewal, modification or..transfer granted by the Department must be in_writing. Submission of applications for permit renewal, modification or transfer are to be submitted to::,-. Regional Permit Administrator NYSDEC Region 1 Headquarters SUNY @ Stony BrookJ50 Circle Rd :r Stony Brook,NY11790 -3409 J: 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands,Tidal Wetlands. t s�• 1`ti 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The ,1 grounds-for-modification;=suspension-or revocation=iriGlude`-==="��='��^-=�='�"�='=-�=`�'-=��"``� ' a. materially false or inaccurate statements in the permit application or supporting papers; b?'f�failure by the permittee to comply with any*teims•or^conditions,of the pe"rmit; c exceeding the scope of the project as described in the permit application; d. t%newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with'previously issued'.pennit conditions;-orders of th"e=commissioner;any prGV1S1GnS Gl t[le Gi1VirGniiieiitai CGilS2rJativii I-a:Tr' or ,r�gulat.onS of the Llepa. exit _rPlatgrl to the permitted activity. s 6. Permit Transfer. Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 6 of 7 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 NOTWICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the-State of New York, its representatives, employees, and agents ("DEC") for all claims,-suits,actions, and damages;'to-the-extent attributable to the permittee's acts or omissions in connection with the permittee's undertakirig�of activities in connection with, or operation and maintenance of, the facility or facilities authorized by-the_permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any,claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts:or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 o'Ohe New York Civil Practice Laws and Rules or any citizen suit or civil rights'provision under fedef'al or state laws. 't Item II;Permittee's Contractors to Comply with Permit -' The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee, Item C: Permittee Responsible for Obtaining Other Required Permits The permittee.is:responsible for obtaining any other permits, approvals, lands,easements,and•.righ6:Lof way thatj6be required to carry out 6e`_a`cti:vities that are authorized by this permit::- Item II: No Right to 'Trespass or Interfere with Riparian Rightsl This'permit does not convey to the permittee any right to trespass upon the lands or interfere with the. riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the . permit;:. Page 7 of 7 NOTICE OF COMMENCEMENT OF CONSTRUCTION AM RETURN THIS FORM TO-COMPLIANCE Or Fax to 631-444-0297 an Bureau of Marine Habitat Protection-NYSDEC 50 Circle Road Stony Brook, NY 11790-3409 PERMIT NUMBER EXPIRATION DATE: PERMITTEE NAME& PROJECT ADDRESS. CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and.•all.permit conditions. We have inspected the project site and can complete the project as described in the,permit and as depicted on the approved plans. We can. do so in full compliance with all plan notes and permit conditions.The permit,permit sign,and approved plans will be available at the site.for inspection in accordance with General Condition No 1 (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE"WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR�CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS_ Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631A44-0297 . Bureau of Marine Habitat.P rotection-NYSDEC 50 Circle Rd. Stony Brook, NY 1179D-3409 p PERMIT NUMBER: EXPIRATION DATE: PERMITTEE MWE&PROJECT ADDRESS: CONTRACTOR NAME&ADDRESS: TELEPHONE: Pursuant to special conditions-of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. Bay to Sound Project description for NYS DEC Permit application The Bay to Sound project is expanding the public trail system in the Pipes Cove area of Greenport and opening up an additional 115 acres of open space owned by the Town of Southold and/or Suffolk County Parks to the public. The following elements are included in the'expansion: 2.4 miles of newly created trails. These trails have been designed to minimize the removal of vegetation, however some removal,trimming and limbing will be required. NYS DEC has identified three areas suitable for mitigation and these areas will be planted with species recommended by NYS DEC to mitigate the vegetation removed. See the attached maps for details on the mitigation areas and the levels of trimming and limbing needed. Area 1 is the demolition and removal area described below. For this area it not expected that the entire area will be planted. The demolition contractor will be responsible for leaving the area in a condition suitable for the new trail to be created and allow for plantings but it is expected that some of this area will be allowed to revegetate naturally. Area 2 is located on the Suffolk County Parks parcel at the corner of Route 25 and Pipes Neck Rd. An illegal shed was built in this area and Suffolk County Parks had the owner remove it. ' When it was removed they clear cut the vegetation in order to move the shed onto their property. This clear cutting creates an attractive nuisance as it now appears to be a trail. The plantings here will consist of larger shrubs and possibly trees that visually make it clear that it is not a trail. Area 3 is the day lighting of Moore's Drain area described below. The construction of eight boardwalks. One of these boardwalks will be replacing an existing one and the other seven will be new. These boardwalks will be four feet wide and total 230 feet in length. Of this length 148 feet will be over delineated fresh water wetlands. Sections to be installed over wetland areas will be constructed with open decking material 18 inches above the wetlands. Two 8' by 8' observation blinds with stairs. Both will be constructed in upland areas within adjacent areas to mapped wetlands. Two trees and a shrub will be removed in order to open up the view of the fresh water swamp at one of the blind locations. Three trees and a shrub will be removed in order to create enough room for the blind at the pond on the Sill property Demolition and removal of old and unsafe farm buildings and associated trash. These buildings are all located in an upland area that is within the tidal wetlands adjacent area. The buildings include a silo which has partially collapsed, a dairy barn that has completely collapsed, a storage barn that is partially collapsed,a shed foundation,and labor housing that has mostly collapsed. The associated trash includes a junk boat and trailer, some farm equipment and typical contents of the buildings This area will be restored with native plantings. Daylighting of Moore's Drain at Skipper Horton Park: Remove approximately 2500 square feet of concrete/asphalt from Old Main Rd a Daylight approximately 90 feet of Moore's Drain by removing concrete arch. ® Naturalize stream bank to match adjacent sections of Moore's Drain ® Plantings in restored areas m Install an approximately 60 foot long and 6 foot wide premade aluminum footbridge over Moore's Drain to provide access to the park from the eastern parking area NYSDEC APPROVED AS PER TERMS AND CONDITIONS OF PERMIT NO.'=q72 —0a9q-0 DATE GR I A Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails r ,x � rl •.t A_ a. n•u x•,. �a„ - •r ? FC F AA y r a :f� �.j �,;Pr • i ,. r ' � 1 era`.. : � f � ..'�� • r .�' S. j ' ,rvt .ISISS � � .. `l. - •. t SD-2 TID 5,` , 1 rf i f �►;•_ yy' - � ttbl � --•_fes + {� f s ag;aa n.r.a�aa, a �I 3. AN . p'..i .��' Ac•.wa.a• 3c,Ka. so Std HM HM j .11a,l DEC T;Ca(Wedards Map P�odM ` ''opcsec'r,:rJ S:::: ure jW5q a^omkr.Torn&5aLeo)d TaWap may 1 2017 ?CC,?CSBd Ti9ii5 -•;�' _ --.. 9ul*County Raaf Property Tax Samce Ryan ME1S and Tax Map CooynyM 291?. F-Ais.;n9'rais Cwntyof 8""k.NY I � inch.�500 feet:,EC Ftashwatf- 'Aet s3'I&,� Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails r .r WIN,.. � jjj 44 ra �• 4� •t � �► � gib' i '•-�• _ > s Is qW ; rf s wrMMwWxna.+nea!au A— CE: u Locaton Arshamomaque Preserve Detaii Map 1 P+•aena sovee.+ri Tax Map#1000-Q 5,1-9.1 ,xy,r°a.t+cants Tax MIP Replace existing boardwalk 32'(1 9'over wetlands) a,+•n sewnnw.rownat sou�aa AaOw..r,W. ,,•Owner.Town of Southold 8,Suffolk Count ?arks :AaY to`°t' ') a.701s 21"7Y iW PfaO,tnv ar 7tti�Cx 4e3y:e, ��T ,W F I S!n°ps rho CanYr ptS i'U I' Scale; 1 Inch=25 fleet co+.r ar sweat.n, Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails . " jL 'T% r i _ t ♦a h • A .• �' rs as t ;,�;• +� r� � Ups° +� ♦ 4:. Fr�x.nab.raa..ea�uvpa o¢crwlwwna Location-Arshamomaque Preserve Detail Map 2 a ban Liar tlY7URn7 ®pnwna 9awfar+a �meadprWry fNarn`aw ,rwp Tax Map#1000-45.•1-91 tan46duMa. fo0"a-4er nop...a via.a>ptr. Boardwalk over drainage ditch 20'over wetlands km$aptwa k'ewn pl ses^. `r NppwtO tray y Owner:Town of Southold d Suffolk CountParks W-1 If.="7 •7 ylFer[CaunN Rbar Vrat+nfr In.5.:cc/.rlurc. F-0107t1fa A1E'5-.d Tai Yap Ceptr-o"?01' Scale: 1 inch=25 feet ta. ry ��sMf,yr 7F.0 iroNr�wr'Nlic.a: Bay to Sound Tails Phase 2 Proposed Infrastructure & Trails FC rr I I I I m x i T "A «.... DECidr7fu'rne: Detail Map 3 Locabor.Arstiamomaque Preserve j �rnmeryraarga..tnaand T.M.D Taxi4lap#1000-45.-1-91 "n daeVE. v.p er.pr.d ey A«ae:Kisrxv Boardwalk over drainage ditch 20'(18'over wetlands) RDpewdTnb Owner:Town of Southold+S Suffolk Coun Parks wr=e.zcn May 1 W::.p 11e.1ProvaM T.a Mm:w Mxc PitEiE rrd T.a WDGoDf;7^I4�T 1 E arrg nr': Scale: 1 inch=25 feet Co—d9 l.T NY Ccf Fia.Aw.l.i N11HNda Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails #t Ak + } • a � � �s K s r 4 r.^ F- w Y i i • SG-2 ,t y >r vaa.n ea •�.„�.as+:x qua,::. :,,, Location.County Chapel Ln paccel y etail Map 4 "tyE7a.lava.l,l�1Y711T Qh011rv10a"ndYMa l,aaea+�grWing,�rrnp..na Tax Map#1000-45.-1-10 f a,nd AaW�n GO To Yap Boardwalk over drainage ditch 22'over wetlands wp v.o.•aeT j PQu+n}J INB.f1aLWt Jcd+`�91A rt0a4 Town 11 Slun otl �Iwa.oyr.n Owner Suffolk County Parks y,datr COu^ry RW Proe1N ict tlnrra A9ercy i r FFllS iM TIa WpC^GY'gl iAtl GaL^ •y Scale , Inch-25 feet Cowry W S.I. rev DEC�rrahvA•4r Jw1lanOa - Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails M OF w r3 All 611 Ar �� �,F � �, . �,�� ''•?'+y ' his �•��' � •v rte+ ! f '�. • +• ' + SO-15 4 �,A `F 44 t t t a * vma HKI l 1� she, Ike ^1 t Ambm,— DECT"W.""" Location:County Milazzo parcel Detail Map • "a dart:.r.n+,±tt Mn' �Ra..m 6auna... Um,+a or Cbba.p n:,.,o,g acc T.wc lax Map#1000 53.-1-9 ywna eatutwa Boardwalk over drainage ditch 16'(9'ever wetlands) ww;hanar4o. n A'.:Di.�a M.aattac:Lra x-.S.p►nO.M.Town of a.r+t.mar Aope+.l Tfax. Owner.Suffolk County Parks u1,Hoh County A.al F,oaany Tu Sc.v.ca Aporcr AR£S�uM Ta.W!Coon q,•�� r.x�pnw Scale', 1 inch=25 feet cT.y a+s„ta.NY Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails e4 4 30, Am A - Yµ, 21 - '�3+g�`"rte" •:t .'�`� -� x I r -low' qk A A4 >r l •. _ 4� .fir � .,A y ' L•.. e' � Yr,y ,� � •, A W .� a 1k. . HM i ...Y...�:.,...ay•nual.•: �e ,,��- Location•r-oUnty Mnazzo 011,>, Detad Map u �miY o!ananp.drleg.ane Tax Map#1000-53.-1-9 ,wwo .�[x.nJ OYIv 6�dIaMY Y.a DnAYI Y} Napwal�r.=[IYa Boardwalk 40'through potentially wet area(noi flagged as wztands) , c,saDVYa,a uYn a+3c Yl do w+r is xon RopaYao,raYY Owner,Sufolk County Parks &,Wt Qunlr Ilea,P2rertrto S.ry—AQ# N7 s 13 a.7ax W D CapyrgM 2Z17 €x.;.nQ,lw Scale: ?inch=25 feet 1+. roc v-c.na.mr vx1:YDox Bay to Sound Trails Phase 2 Proposed infrastructure & Trails alb t. • k O f� ,�yR >t _ � t Y. _ x �:e;aPa3a»SEs^ase.u..fa creuw.aaFa Location:County Pipes Neck Rd parcel Detail Map 7 gDan Levw ftf7b27tT7 �Mn.an,$oungx-e�.. Tax Map#1000-53.-14 Osivbrtem !/wp Pwop'.d Dr � �>aiwmmc�Nrar:u<twr Boardwalk 40'through ptlra®mi1CS area ;rrn Ss..nosc,iay.r.s+Sm u.`-¢�e Yy T6 pti rw epx,mma sfan droner:Suffolk County Parks 4VElb mussy n.oi P,00.nr T:a.'ww�apm�cr .*arareroa=ass+gnzaT; E.*mQT,.4 Scale: 1 inch=25 feet Ca ly of U-+*NT (?EC F�svnww!nr wer.—J, .� Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails FC v f I ti SO-2 W E I S w�,,.sspwrnr aw,t.ua DEC..:,:::-„,.,. Location.Manor Grove Detail Mc,�) 9 .—.-'bf o.n l.r t/,A77H7 ��`T serve 2ay.amrs �ewaa� aa.v.,t"a TwU�p Tax Map#1000-53.-1-11 Q°B1'�wn�p Observation blind#1 in adjacent area(50'from freshwater) ° �,Repasn.IrO.svpcv. Y Owner:Town of Southold&Suffolk County Parks e n I�tpaGi.O TIiNf �..< �.•tro t N Scale: t inch=75 feet T. yf f7�h .�«��• ).� � 4 ` ' `.t „Fye,•( , * .� `tau . ..5. if or f-A . so �,�'s,`.-,..� �_• �•'f SII �}'+ .:+Frye. If 7F I II I I • � 1t; ��.'. t -, K.�!.I Vii, �q-. • t , r aw ►�. r rY "A ;, ., t r d s fit . r f .g. t* Jo _ Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails !� s. I � � Y x I r f Y W.. # '4 ;cr at "w c '"'"•"d•••edinieQ""'•id OECTdalMh1416. Loca9on:SSI Detail Map 10 "- ADy Den Lrws vY7Ur�+7 �Ihapna e-amarine �n.i.cryne.nv.aar:mv.ane Tax Map#1000-45.-5-4 Janae.rren� ta.wv f Observation blind#2 in adjacent area wo P,ay.1etlny NYoyoaaa uhf•tucwe "fl 9e1AnAYW,luWn td 9oA.9i6 May 16.1D77 Ropeso'raw Owner:Town of Southold SAO*C:OVNy Raal�n)Pe Ry Tar 6.^nce A4pncy IRO 9ntl Ter Mas C•VY�An��' 6.nnyTtab Scale- 1 inch=25 feet coir,;V suno't.N STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1001150 NYS Department of State One Commerce Plaza 99 Washington Avenue— Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement M Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: M New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 LI 17-LWRP-3 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 M Municipality, Code: PO Box 1179 ❑ Tribal Nation Southold,NY 11971 ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: M Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 M Check if same as primary mailing address ❑ Sectarian Entity Contract Number: tlC1001150 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: 8/1/2018 TO: 6/30/2023 contract; Fixed Term/Simplified Renewal—enter CURRENT CONTRACT PERIOD: current period amount) FROM: 8/1/2018 TO: 6/30/2023 CURRENT: $120,000.00 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 rept-esent 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-I 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: `.York Plan M Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: 9C1001150 Page 2 of 2,Master Grant Contract-Face Page 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 PO Box 1179 99 Washington Avenue—Suite 1010 Southold, NY 11971 Albany,NY 12231 By: , By: Judith E. Kenny Printed Name Printed Name Titl NYS Department of State Title: 1�1101�50� bIr IS ra Ion Date: 9 U 1M Date: STATE OF NEW YORK COUNTY OF `�(�I K before me eared On the )dl- day of �p�E-t`�bQ� @D L t ersonall a P Y PP 6 COtt U ' p L I to me known, who being by me duly sworn, did depose and say that e/ a re s at &,�oq K: Kj •e_V that he is the �� 4 YU jiY of the ( F's01-ri the contractor described herein which executed the foregoing instrument; and that�&he signed his/her name thereto as authorized by the contractor name on the face page of this Master Contract. LAUREN M. STANDISH (Notary) (-Yauy o `")'t'I .- Jm Notary Public, State of New York No.01 ST6164006 Qualified in Suffolk County Commission Expires April 9,2019 ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S_SIGNATURE By: By: AP IV S A QeA'SNjq F �EPjpF P� nted Name NEY GEVo Title: RA Title: QCT 12 2p1a Date: f� 2818 Date: Ag• .�tl/ T q f GRNE AGGj F� - V GEMER�` Contract Number 9C 1001 150 Page I ol' I. Master Contract I'or 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 CLTNY 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:#cl001150 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-21, Attachment B, Attachment C and Attachment D 4. The Face Page 5. Attachment A-2 Z, 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 To 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 I(V). Contract Number:# cl001150 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-l (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:# c1001150 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 l 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:9 c1001150 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The term "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 3 A 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. Contract Number: # c1001150 Page 5 of 25,Master Contract for Grants-Standard Terms and Conditions 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. II. 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. Contract Number:# c1001150 Page 6 of 25, Master Contract for Grants-Standard Terms and Conditions C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract may be terminated at any time 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 Contract Number:# c1001150 Page 7 of 25,Master Contract for Grants-Standard Terms and Conditions r (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 �. Contract Number:# c1001150 Page 8 of 25,Master Contract for Grants-Standard Terms and Conditions 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 1 1-A of,the State Finance Law to the extent required by law. 1 7. Article I I-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 l 1-B of the State Finance Law. Contract Number:# c1001150 Page 9 of 25,Master Contract for Grants-Standard Terms and Conditions 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. If 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). Contract Number: # c1001150 Page 10 of 25, Master Contract for Grants-Standard Terms and Conditions 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, 1 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. f) 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. 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:# 0001150 Page 1 I of 25,Master Contract for Grants-Standard Terms and Conditions and service reports shall be used to determine funding levels appropriate to the next annual contract period. h) Fifth Quarter Pa my. ents: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. Contract Number:# cloo1150 Page 12 of 25, Master Contract for Grants-Standard Terms and Conditions 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-1 (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. i 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. Contract Number: # c1001150 Page 13 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number: # cl001150 Page 14 of 25, Master Contract for Grants-Standard Terms and Conditions (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 1 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: I. 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: # c1001150 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions 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 111. 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 Contract Number:# c1001150 Page 16 of 25, Master Contract for Grants-Standard Terms and Conditions 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. Contract Number: # c1001150 Page 17 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:9 c1001150 Page 18 of 25, Master Contract for Grants- Standard Terms and Conditions (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: # c1001 150 Page 19 of 25,Master Contract for Grants-Standard Terms and Conditions 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:# c1001150 Page 20 of 25,Master Contract for Grants-Standard Terms and Conditions 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, Contract Number:# c1001150 Page 21 of 25,Master Contract for Grants-Standard Terms and Conditions 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: # c1001150 Page 22 of 25, Master Contract for Grants-Standard Terms and Conditions 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. Contract Number: # cl001150 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number: # cloo1150 Page 24 of 25, Master Contract for Grants-Standard Terms and Conditions 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? 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. 9 Not applicable to not-for-profit entities. Contract Number:# c1001150 Page 25 of 25, Master Contract for Grants-Standard Terms and Conditions ATTACHMENT A=1 AGENCY AND PROGRAM SPECIFIC TERMS AND CONDITIONS I. Agency Specific Clauses (revised 7/27/17) 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 tinder 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: #C 100 1 150 Pm-,e I 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: #C 1001150 Pace? of?0. Attachment A-I — 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/portal/public/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:Hdbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (list available at: https•//www.sam.gov/portal/public/SAM); or (3) fails to maintain requisite workers compensation or disability insurance coverage (see http://www.wcb.ny.gov). 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: 9CIO01150 Page 3 of'30. Attachment A-I —Program Specific Terms and Conditions 1 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.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https:Hportal.osc.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: NC 1001 150 Pate 4 of?0. Attachment A-t —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: Lattrissa 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: opck-ontractsaa,dos.ny.gov Contract Number: kC 1001 150 Page 5 of20. Attachment A-1 —Program Specific berms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 54375 State Route 25 PO Box 1179 Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: ,Scott.russellgtown.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'thi,s Agreement constituting a sufficient basis for suspension or termination for cause. The terms oj'l9 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. 9C 1001150 Page 6 of20. Attachment A-1 —Program Specific berms 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://ny.newnycontracts.com/FrontEndNendorSearchPublic.aV. 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. The Department's New York State-certified Minority and Women-owned Business Enterprises ("MWBEs") utilization goal is 30%. For purposes of'this Contract, the specific overall MWBE goal and the breakdown between the Minority-owned Business Enterprise ("MBE") and the Women-owned Business Enterprise ("WBE") utilization 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 anu 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://ny.newnycontracts.com/FrontEnd[VendorSearchPublic.asp. 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: #C1001150 Page 7 of 20. Attachment A-I —Program Specific Terms and Conditions r 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 EEC) policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Fqual Employment Opportunity Policy Statement). Contract Number: 4C 1001 150 Page 8 of 30. 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 I) 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: =,01001150 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`h 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: 4C 1001 150 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://ny.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://ny.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, declare§�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. 9C 1001150 Pa(ye I I of 20. Attachrnent A-I —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://ogs.ny.govNeterans/. The Division of Service-Disabled Veterans' Business Development (DSDVBD) is housed within the 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 ,ogs.ny.gov, or the DOS Division of Affirmative Action Programs—SDVOB Program at Maria.Herman@dos.ny.gov or Api .Ohouo@dos.ny.gov. The directory of certified SDVOB vendors can be found at: https://ogs.nv.govNeterans/Docs/CertifiedNYS SDVOB.pd Contract Number: YC 1001 150 Page 12 of 20. Attachment A-1 —Program Specific I erms and Conditions II. Program Specific Clauses (revised 2/1/18) A. This Agreement has been entered into pursuant to the.following understandings: 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 1 l 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. The parties shall revise or complete the appropriate appendix fon (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: `C 1001 150 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. Additionalr.Requirements for Construction Projects 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-contribttting to any insurance or self insurance maintained by the Contract Number: 40001 150 Page 14 of 20. Attachment A-I —Program Specific Terms and Conditions Department; shall be endorsed to provide written notice be given to the Department, at least thirty (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 insureds 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. Contract Number: !?C 1001 150 Page 15 of 20, Attachment A-I —Program Specific Terms and Conditions 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. 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 Contract Number: 4C 1001 150 Page 16 of 20, Attachment A-1 —Program Specific Terms and Conditions 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. 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 project, 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 Contract Number: NC 1001 150 Page 17 of 20, Attachment A-I — Program Specific Terms and Conditions 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. 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 to a 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. Contract Number: #C 1001 150 Page 18 of 20, Attachment A-I — Program Specific Terms and Conditions 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. 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 for digital 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 scales such 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 [naps 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. Contract Number: #C 1001 150 Page 19 of 20, Attachment A-I —Program Specific Terms and Conditions 1 r 4. Contract Database Standards a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. 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. 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: kC 1001 150 Page 20 of 20,Attachment A-I —Program Specific Terms and Conditions ATTACHMENT B,1 —EXPENDITURE BASED BUDGET Budget Summary: A. Salaries $8,089.02 B. Travel $0.00 C. Supplies $1,446.84 D. Equipment $0.00 E. Contractual Services $120,000.00 F. Other $30,464.14 Total Project Cost: $160,000.00 Total State Funds $120,000.00 Total Local Match $40,000.00 MWBE Goals: State funds subject to MWBE goals $120,000.00 MBE Goal: 15% $18,000.00 WBE Goal: 15% $18,000.00 A: SALARIES includinLfringe benefits) Title Salary Amount Charged to Project GIS Technician $104,757.00 $4,210.67 Town Engineer $125,223.00 $3,119.20 Stormwater Manager $92,164.00 $292.88 Executive Assistant $118,823.00 $412.25 Maintenance Mechanic $50.61-$57.09 per hour $54.02 SUBTOTAL $8,089.02 B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Plants and seeds for restoration of clean-up area............................................................ 00 Project sign as required by NYSDOS........................................................................... 1 $ 16.84 SUBTOTAL $1,446.84 D. EQUIPMENT SUBTOTAL $0.00 E. CONTRACTUAL SERVICES Demolition and disposal of materials.........................................................................$90,0 00.00 Subcontractor: To be determined Long Island Rail Road temporary at-grade crossing.......................................................$30,000.00 Subcontractor: To be determined SUBTOTAL $120,000.00 F. OTHER Land acquisition match for Town purchase of open space...............................................$29,945.00 Volunteers for plantings and trail work $15/hr................................................................$519.14 SUBTOTAL $30,464.14 ATTACHMENT C - WORK PLAN Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 1. Project Description The Town of Southold (Contractor)will continue to implement the Peconic Bay to Long Island Sound Integrated Trails Initiative by removing dilapidated buildings and debris from a waterfront property,planting native species and creating 0.3 miles of trail to provide public access to the site and adjacent tidal creek frontage. The new trail will connect to trails previously constructed through the initiative to create a trail system stretching from Long Island Sound to Peconic Bay. The Town of Southold will facilitate removal of dilapidated agricultural buildings and debris from a newly acquired parcel. Following clean-up the site will be revegetated with native plantings and a 0.3 mile segment of trail will be constructed by the Town and Volunteers to provide public access to the site and adjacent tidal creek frontage, which supports water-dependent uses including shellfishing. Trails on this property will be connected to trails constructed in Phase 2 of the Integrated Trails Initiative. The Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 fulfills the Town's goal of expanding the trail systems within the Greenport area and linking Town, Village and County properties.The dilapidated buildings are dangerous and the Town cannot open the property to the public without cleaning them up. Buildings to be removed include a collapsed large dairy barn, a partially collapsed silo, a storage barn with a collapsed roof, a large shed foundation, and.a partially collapsed farm labor house. Volunteers will clean up typical trash unrelated to former farm use and will conduct plantings to restore the site to a natural state, in accordance with State requirements. Access to the site will be provided by a temporary at-grade crossing over the Long Island Rail Road tracks. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Department to the project. The materials must include the Department of State logo and the following acknowledgment: "This (document, report, map, etc.) was prepared with funding provided by the New York State Department of State under Title I 1 of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's contract number as indicated on the Face Page of this Contract and where applicable, the related task number from this Work Plan. Unless otherwise specified in the Work Plan tasks, the Contractor shall submit products in the following formats: • Draft products: one electronic copy of each product must be submitted in Adobe®Acrobat®Portable Document Format (PDF), created using 300 dpi scanning resolution and Microsoft Word, if applicable. • Final products: one electronic copy of each product must be submitted in PDF, created using 300 dpi scanning resolution and Microsoft Word, if applicable. In addition, one paper copy of each final product (including reports, designs, maps, drawings, and plans) must be submitted: • Electronic data for all Geographic Information System-based mapping products must be submitted 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 JPG format. • Photographs and images must be submitted in JPG format with a minimum resolution of 300 dpi and must be dated and captioned with the location and a brief description of the activity being documented. 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, and any partners responsible for managing the project, shall hold an initial meeting to review the project scope and schedule, project requirements, roles and responsibilities,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA) compliance requirements, MWBE requirements, ADA 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 initiation 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 initiation 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 listof proposed members of project advisory committee. Project advisory committee established. Task 3: 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 4: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state, and local requirements for the trail and temporary at grade crossing 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 tb 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 5: Submission of Documents The Contractor or its consultant shall provide to the Department, for review and approval,the following materials: A. State Environmental Quality Review Act (SEQRA) compliance documents; B. Final designs and construction documents certified by a licensed professional engineer, architect, or landscape architect with appropriate seal affixed to documents; C. Required permits and approvals —federal, State and local; and D. Executed subcontract(s) and written certification of procurement procedures for contractual services for project administration and for engineering, design and construction inspection services. Products: SEQRA compliance documents. Final designs and construction documents certified by a licensed professional engineer, architect, or landscape architect. All required permits and approvals received. Executed subcontract(s) and written certification of procurement procedures. Task 6: Second Project Meeting In consultation with the Department, the Contractor shall hold a second project meeting with the consultant(s), 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. The 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: Second project meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 7: Bid Process and Selection of Demolition and Construction Subcontractors After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare and distribute a bid invitation(s)to select a construction subcontractor or subcontractors for building demolition/disposal of materials and construction of a temporary at-grade crossing over the Long Island Rail Road. The bid invitation(s) shall require the respondents to demonstrate their ability to satisfy any applicable MWBE requirements. Prior to distributing the bid invitation(s),the Contractor or its consultant(s) shall submit the bid invitation(s) to the Department for review and comment. The Contractor or its consultant(s) shall select the construction subcontractor(s) from the bid respondents and shall prepare a draft contract or contract(s)to conduct the work with the selected construction subcontractor(s). The contract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to project milestones), the project cost and MWBE requirements. The Contractor must certify to the Department that applicable public bidding procedures of General Municipal Law were followed for the selection of all construction or other subcontractors. The Contractor shall submit the draft subcontract(s)to the Department for review and approval, and shall incorporate the Department's comments in the final subcontract(s). A copy of the final, executed subcontract(s) shall be submitted to the Department. Products: Executed construction subcontract(s). Written certification of procurement procedures. Task 8: Installation of Project Sign Prior to the start of construction, the Contractor shall install a sign satisfactory to the Department identifying the Department's funding of the project. The project sign 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. Task 9: Demolition, Construction, Construction Management and Site Inspection After receipt of all necessary permits, the Contractor or its construction subcontractor(s) may begin demolition and 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 initiation meeting. After 70%of the work is cdmpleted, 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. Products: Written summary of periodic site visits including photo-documentation (pre-construction, during construction, and once the project is completed)and identification of any problems that need to be addressed. Punch list and construction completion estimates. Task 10: Trail Clean Up, Revegetation, and Construction The Contractor shall oversee Volunteer work including clean-up of typical trash unrelated to farm use and planting of native species. The Contractor and/or Volunteers will construct a 0.3-mile-long segment of trail. This will consist of clearing vegetation and where buildings have been demolished, marking a route and avoiding any plantings along the route. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Photo-documentation of trail construction. Task 11: Project Completion Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s),the final design and construction specifications, and all permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project initiation meeting, the Contractor or its consultant(s) shall submit two sets of as-built plans, certified by a licensed professional engineer, architect or landscape architect. When the Contractor is satisfied work is complete, it shall submit a final project report to the Department, including a copy of the completion statement and a copy of the certified as-built plans and photo-documentation in the form of digital images of the site prior to, during and upon completion of work. The Contractor shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as-built plans, and final project report including photo- documentation. Task 12: 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://ny.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 13: 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 14: 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 subconsultants. • 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. o 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. a 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. • will participate, if requested by the Department, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). • will participate in initial project initiation meeting and subsequent 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 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 01/6 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): 0 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 1001 150 Page I of 4, Attachment D— Pad ment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: H. 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. ❑ 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 days after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii) of the Master Contract. ❑x 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. Ll 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 I of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office ol'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 1001 1 i0 Pate 2 of 4, Attachment D - Payment and Reporting Schedule B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section IIl(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 1 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 1001 150 Pa<le 3 of 4,Attachment D— Pa%mens and Reporting Schedule 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: #C 1001 150 Page 4 of 4, Attachment D- Pa}mens and Reporting Schedule APPENDIX A Long Island Rail Road 1 January 23, 2023 Town of Southold 53095 Main Road Southold,NY 11971 ATTN: Scott Russell, Town Supervisor Subject: EP-1444 — Entry Permit to enter upon Long Island Rail Road (LIRR) property for the purpose of demolishing three buildings and a concrete silo located at the Sills Farm Property at 70282 Main Road in Greenport. r To Whom It May Concern: Due to the COVID-19 emergency, the parties are agreeing that this Agreement may be executed and delivered by any party by delivery of a facsimile or other electronic signature or by electronic mail in portable document format(.pdf),which signature shall have the same force and effect as an original "wet ink"signature and which delivery shall constitute effective delivery thereof until such time as the parties are able to and do deliver"wet ink" original signature pages. Any party which delivers a facsimile or pdf signature shall promptly thereafter (taking into consideration the COVID-19 emergency) deliver an originally executed signature to the other party(ies): provided, however, that the failure to deliver an original signature page shall not affect the validity of any signature delivered by pdf or facsimile. Upon the subsequent delivery by each party of the originally executed signatures. such hard copy originals shall be treated as the originals in replacement for the electronically signed and delivered counterparts. The Long Island Rail Road (Railroad) is willing to grant a non-exclusive, revocable Entry Permit (the "Entry Permit") to Town of Southold ("Permittee"), its officers, employees, agents, contractors, subcontractors and consultants (collectively "Permittee Parties") to enter onto the property of the Railroad for the purpose of performing the work("Work") described in the Scope of Work (attached hereto and made a part of this Entry Permit) at the above captioned location. The terms and conditions of the Entry Permit are as follows: I. If Permittee determines to do additional work above and beyond the Work described herein, or that it requires entry upon, access to or fouling of the elevated Railroad ROW or any other property of Railroad, it shall notify and make application to the Chief Engineer of the Railroad, who must approve, in writing,the time, place and manner of such additional work or such entry before Permittee may commence such additional work or make such entry. 2. Any Work shall be conducted in such manner and at such time, so that it shall in no way interfere with the traffic of the Railroad. Permittee shall, at all times, comply with the instructions of Railroad personnel at the site. 3. Upon execution of this Entry Permit, Permittee will pay Railroad a permit fee of$2,000(made payable to "The Long Island Rail Road Company" at the address listed below) as compensation for the preparation and issuance of this Permit, and any approved right of entry to Railroad property at the subject location, in connection with the work that is the subject of this Permit. MTA Long Island Railroad Mr. Michael Reilly, Controller 146-01 Archer Avenue Jamaica,NY 11435 4. Permittee shall reimburse the Railroad for all costs of any kind whatsoever; which Railroad may incur in connection with Permittee's Permittee activities which are the subject of this Permit. Such costs may include (but not necessarily be limited to) engineering cost (both field and office)and the cost of providing inspectors,watchmen, flagmen and/or trainmen for the protection of Permittee. Cost means all direct labor, materials and equipment costs, plus such percentage thereof as represents the Railroad's overhead costs at the time the work is performed. A rough order of magnitude (ROM) estimate of such costs (hereafter referred to as "LIRR Force Account Costs") is provided as follows: Daily Rate: $ 6,158.00 Mark-out(if required): $10,579.00 ** * Daily Rate includes Transportation Department costs,for flagmen and Engineering Department support costs. It should be noted, however, that the daily rate includes overtime rates for various departments. Due to limited staffing and / or contractual agreements, some of this work would be identified as overtime on the LIRR invoice. ** Mark-outs by the Power, Signal, Communications and Structures Departments will be required when the scope of work covered by this Entry Permit shall consist of any form of excavation within the limits of the LIRR ROW and within six (6) feet of the LIRR ROW. Mark-outs performed by the LIRR are valid for a two-week period. If the Permittee's work does not commence within that two-week period, an additional set of mark-outs shall be required, at the Permittee's expense. Prior to Permittee's scheduled start date, Permittee shall provide a two-week notice to the LIRR Project Engineer assigned to this Entry Permit, so that the LIRR Project Engineer can request the mark-outs, if required. It is understood that the ROM estimate of LIRR Force Account Costs to support Permittee's work, as the same may be updated from time to time, is subject to change based on the scope and nature of the work actually performed, and/or costs incurred by Railroad. Permittee's obligation to pay or reimburse Railroad for LIRR Force Account Costs shall not be affected by the estimation process, including Railroad's failure to identify or otherwise accurately estimate any such costs and expenses. 5. The Permittee shall notify the Railroad or its designee;Chief Engineer, at least two weeks in advance before entering upon or starting any work upon the property and keep the Railroad or said designee fully advised of all activities. No entry or use of the property will be permitted until this permit is fully executed and Permittee shall have received Railroad's approval for specific entry. 6. If flagmen have been ordered through the Project Engineer, cancellations must occur no later than 12:00 pm the day prior to the flagman reporting for duty. The request to cancel flagmen must be made through the Project Engineer. For flagging assignments cancelled after 12:00 pm, the contractor will be responsible to compensate the LIRR in full, for the cost of the flagmen ordered. 7. Periodically,during the term of this Entry Permit, Railroad shall render to Permittee a detailed statement of the costs incurred by Railroad, with respect to Permittee's activities during the term of this Entry Permit. Permittee'9 obligation to reimburse Railroad shall survive the expiration or termination of this agreement. Permittee shall reimburse Railroad for these costs within thirty(30) days of receipt of the statement. 8. To the fullest extent permitted by law, the Permittee shall defend, indemnify and hold harmless the Metropolitan Transportation Authority(MTA)and the Railroad,their respective officers, agents and employees from any and all claims, suits, loss or liability, including reasonable attorneys' fees and disbursements, on account of injury or death of any person(s) whatsoever (including, but not limited to, Permittee and employees of Railroad, MTA or Permittee)or damage to any property owned by or in the care,custody or control of Railroad, MTA or Permittee arising in whole or in part, directly or indirectly, by reason of or in connection with the activities of Permittee Parties hereunder or presence of the Permittee Parties, or equipment on or about the premises of the Railroad, regardless of whether or not such personal,injury, death or property damage is caused in whole or in part, directly or indirectly, by any fault, failure or negligence of Permittee, Railroad or MTA, or their respective officers, agents, employees or otherwise. 9. Permittee shall not cause or permit any Hazardous Substance to be used, stored, generated,or disposed of on or in the property of the Railroad by Permittee, or its officers, employees, and contractors, without first obtaining Railroad's prior written consent, which may be withheld at Railroad's sole and absolute discretion. In addition, if Permittee uses, stores, generates, treats, or disposes of any Hazardous Substance, or permits the presence of any Hazardous Substance not already present on the property of the Railroad and such actions result in contamination, Permittee shall promptly,at its sole expense,take any and all necessary action to return the property of the Railroad to the condition existing before the presence of any such Hazardous Substances on the property of the Railroad; provided,however,that Permittee shall first obtain Railroad's approval for any such remedial action. "Hazardous Substances,"for the purpose of this Agreement is defined by Chapter 4 Part 371 of the Department of Environmental Conservation's Regulations. Under no circumstances shall Permittee's obligation to perform any remediation include remediation of Hazardous Substances already existing on the Railroad property prior to the performance of the Work, except to the extent that such remediation is required as a result of Permittee's activities at the site. 10. This Entry Permit is not assignable and the rights and privileges herein granted shall extend solely to Permittee and agents of Permittee (e.g. contractors, etc.) while performing work hereunder or on or about the Railroad's property. 11. This Entry Permit shall expire upon the earlier of A.) the completion of the work, or B.) October 27,2023. LIRR reserves the right to terminate this Entry Permit at its sole discretion by giving Permittee notice in writing of its intention to so terminate this Entry Permit, which notice shall specify the effective date of the termination. 12. Insurance SECTION A. INSURANCE REQUIREMENTS The Permittee,at its sole cost and expense,shall obtain and maintain at all times during the term of this agreement such policies of insurance as set forth below: i. Workers' Compensation Insurance as required by statute in the State in which the work will be performed. Employer's Liability Insurance with limits of not less than $1,000,000 bodily injury per accident; $1,000,000 bodily injury per disease; and $1,000,000 annual aggregate. For work conducted outside the State of New York, Employer's Liability Insurance requires limits of not less than $2,000,000 bodily injury per accident; $2,000,000 bodily injury per disease;and$2,000,000 annual aggregate and must provide proof that its Workers' Compensation Insurance policy has been endorsed to include"Other States Coverage." If Permittee leases one or more employees through the use of a payroll, employee management, or other similar company, then Permittee must procure worker's compensation insurance written on an "if any" policy form, including an endorsement providing coverage for alternate employer/leased employee liability. ii. Commercial General Liability ("CGL") Insurance covering claims for personal and advertising injury, bodily injury (including death) and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability Insurance policy (Occurrence Form, number CG 00 01). Such insurance shall provide coverage for all operations including the products- completed operations hazard and shall be maintained for a period of at least three (3) years after final completion,subject to the limitation of any applicable statute. The limits of such insurance shall renew annually and not be less than$2,000,000 each occurrence; $4,000,000 products and completed operations aggregate; and $4,000,000 per project general aggregate.This requirement may be satisfied by a combination of a primary CGL policy coverage with limits of not less than $1,000,000 per occurrence and follow-form Excess or Umbrella liability insurance policy(ies) which equal the total limits required above and for excess or umbrella liability insurance in item `iv' below. The CGL and excess or umbrella liability insurance policies must be written on an occurrence basis form, and must comply with the following provisions: The policy shall include independent contractor and contractual liability coverages • The policy shall not contain any contractual exclusion relative to Labor Laws or any other exclusions or limitations directed toward any types of projects, materials or processes involved in the Work = The policy shall not contain any of the following exclusions: subcontractor's exclusion; construction defect exclusion; leased worker exclusion; cross liability exclusion; crane exclusion; and demolition exclusion or "explosion, collapse and underground" exclusion. ® Construction work taking place within 50 feet of a railroad must include: - Contractual Liability — Railroads CG 24 17 listing the Scheduled Railroad and Designated Job Site. - Coverage for claims for bodily injury asserted by a railroad employee of an additional insured and any Employer's Liability Exclusion which may otherwise operate to exclude such coverage shall be removed. iii. Business Automobile Liability Insurance covering any owned, non-owned, and hired vehicles on and off-site for claims arising out of the ownership, maintenance or use of any such vehicle. Such insurance shall provide coverage at least as broad as the standard ISO Comprehensive Automobile Liability policy(CA 00 01, CA 00 05, CA 00 12, CA 0020), with limits not less than $2,000,000. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Permittee shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability-broadened coverage for covered autos endorsement (CA 99 48), and the Motor Carrier Act endorsement (MCS 90). Any statutorily required "No-Fault" benefits and uninsured/underinsured motorist coverage shall be included. iv. Umbrella/Excess Liability Insurance, with limits of not less than$3,000,000 written on an occurrence basis in excess of the limits indicated for Commercial General Liability, Employer's Liability, and Business Automobile Liability Insurance which is at least as broad as each underlying policies. The umbrella/excess liability policies shall be written on a "drop-down" and "follow form" basis, with only such exceptions expressly approved in writing by Permittor/MTA. v. Railroad Protective Liability Insurance(ISO/RIMA CG 0035 or equivalent form), if any Work will be taking place within 50 feet of a railroad, subway or similar tracked conveyance or requires flag or protective measures by the Permittor/MTA or its affiliates or their respective employees, covering the work to be performed at the designated job site and,affording protection for damages arising out of bodily injury or death, physical damage to or destruction of property, including damage to the Insured's own property and conforming to the following: • The policy shall name as "Named Insureds" each of the Indemnified Parties listed under Section D. • The limit of liability shall be not less than $2,000,000 per occurrence, subject to a $6,000,000 annual aggregate; • Policy must be endorsed to provide coverage for claims arising from injury to employees covered by Federal Employer's Liability Act(FELA), when applicable. • Indicate the Name and address of the designated Permittee, project location and description of work, and permit number if applicable. vi. Contractor's Pollution Liability Insurance (if disposal of hazardous materials from the designated job site is undertaken or if the Work being performed in the Impact Area involves environmental or pollution exposures) with limits not less than $2,000,000 per occurrence and general aggregate on a per project basis including completed operations coverage to be maintained for at least three (3) years after final completion of the work. Policy shall cover environmental damage resulting from pollution conditions that arise from the operations of the Permittee/Contractor, as applicable,and described under the scope of services of this contract. Coverage must apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants, silt or sediment into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or dispersed as a result of the performance of Covered Operations. Such insurance shall include but not be limited to: ® Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring • Physical injury to or destruction of tangible property of parties other than the Insured including the resulting loss of use and diminution in value thereof; Loss of use, but not diminution in value, of tangible property of parties other than the Insured that has not been physically injured or destroyed • Natural Resource Damages; • Cleanup Costs • Transportation and Non-Owned Disposal Site coverage (with no sunset clause/restricted coverage term) if the Requesting Party or the Project Contractor is disposing of contaminated material (s) • No exclusions for asbestos, lead paint, silica or mold/fungus/legionella • Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages SECTION B. GENERAL INSURANCE REQUIREMENTS The following requirements are applicable to all insurance coverages required under this agreement, except to the extent otherwise indicated. i. Insurer Requirements. All policies of insurance shall be placed with insurers acceptable to Permittor/MTA. The insurance underwriter(s) must be duly licensed or approved Surplus Lines insurer to do business in the state where the Work is to be performed and must have a financial ratings of A-NII or better in the most recent edition of Best's Key Rating Guide or otherwise satisfactory to Permittor/MTA. ii. Insurance Policies.The Permittee shall furnish certified copies of all insurance policies required to be maintained under this agreement within ten (10) business days after receiving Permittor/MTA's request. iii. Breadth of Coverage. All policies (except for Workers' Compensation and Professional Liability, unless otherwise noted) shall provide coverage to the Additional Insureds, as defined below, that is at least as broad as that provided to the first named insured to each policy. In the event that any policy provided in compliance with this agreement states that the coverage provided to an additional insured shall be no broader than that required by agreement,or words of similar meaning,the parties agree that nothing in this agreement is intended to restrict or limit the breadth of such coverage. The limits of insurance stated for each type of insurance are minimum limits only. If the Permittee's policy provides greater limits, then the Additional Insureds shall be entitled to,or to share in,the full limits of such policy,and this agreement shall be deemed to require such full limits. iv. Right to Request Additional Insurance. Permittee further agrees to provide, at Permittee's sole cost and expense, such increased or expanded insurance coverage as Permittor/MTA may from time to time as deem reasonable and appropriate. V. Additional Insureds. All insurance required (except Workers' Compensation and Professional liability or otherwise noted), shall name the parties listed in Section D as Additional Insureds, and shall include their respective subsidiary and affiliated companies, and their Boards of Directors, officers, employees, representatives, and agents (hereinafter, collectively the "Additional Insureds"). For the Commercial General Liability insurance,additional insured coverage must be provided on ISO form or its equivalent at least as broad as CG 20 26. No other endorsement will be accepted unless approved by the Permittor/MTA. vi. Primary and Non-Contributory. Each policy required, including primary, excess, and/or umbrella, shall provide that the insurance provided to the Additional Insureds is primary and non-contributory, such that no other insurance or self-insured retention carried or held by Permittor/MTA shall be called upon to contribute to a loss covered by insurance for the named insured. vii. Waiver of Subrogation.To the fullest extent permitted by law, Permittee will require all insurance policies required to include clauses stating each insurer will waive all rights of recovery. All waivers provided herein shall be effective as to any individual or entity even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, or (b) did not pay the insurance premium directly or indirectly, and whether or not such individual or entity has an insurable interest in any property damaged. viii. Self-Insured Retentions.None of the insurance required shall be subject to any self- insured retention greater than $500,000 without Permittor/MTA's written approval. ix. Subcontract Agreements. Permittee shall by appropriate written agreements flow down the requirements for i)the waiver of subrogation ii)additional insured coverage and iii)other requirements of this Section to all tiers of subcontractors,for all insurance required of such subcontractors by Permittee for the Work. X. No Limitation. Nothing in the Insurance Requirements shall be construed as limiting in any way the extentto which Permittee may be held responsible for payment of damages resulting from their operations. Permittee's obligations to procure insurance are separate and independent of and shall not limit Permittee's contractual indemnity and defense obligations. Permittor/MTA does not represent that coverages and limits required in this agreement will necessarily be adequate to protect Permittee. xi. Notice of Cancellation or Non-Renewal. The Permittee agrees to notify Permittor/MTA thirty days prior to any cancellation, non-renewal or change to any insurance policies required. Notice shall be sent electronically to the `designated email address'provided to Permittee via MTA Certificate of Insurance Management System (CIMS),ComplianzTM xii. Notice of Occurrence.The Permittee shall file the following with the Long Island Rail Road Claims Department, Attention: Director of Claims(with a copy to the Engineer), 93-02 Sutphin Blvd—0 Fl, Jamaica, NY 11435 : (1)a notice of any occurrence likely to result in a claim against the LIRR, which shall be filed immediately; and (2) a detailed, sworn proof of interest and loss, which shall be filed within sixty (60) days from the date of loss. xiii. Insurance Not in Effect. If,at any time during the period of this Agreement, insurance as required is not in effect, or proof thereof is not provided to the Permittor, the Perm ittor shall have the options to:(i)direct the Permittee to suspend work or operation with no additional cost or extension of time due on account thereof; or(ii) treat such failure as an Event of Default. xiv. Conformance to Law. If applicable law limits the enforceability of any of the foregoing requirements, then Permittee shall be required to comply with the foregoing requirements to the fullest extent of coverage and limits allowed by applicable law and the provisions of insurance shall be limited only to the extent required to conform to applicable law. SEC'T'ION C. EVIDENCE OFINSURANCE 1. Insurance Submission. The Permittee must submit initial evidence of all required insurance to: Agency Name: MTA Long Island Railroad Agency Address: Hillside Maintenance Facility 93-59 183`d Street, Dept. 3146 ; Hollis,NY 11423 Attention: Joseph Holzapfel, Manager—Engineering Compliance Email Address: 'holza ,;a lirr_org 2. Insurance Compliance. After the Permittee's insurance has been approved, a"compliant message" will be sent to the Permittee via the MTA Certificate of Insurance Management System (CIMS), the ComplianzTM. This message will also include a "designated" email address for submission of all insurance renewals, specific to this agreement. The Permittee shall endeavor to provide renewal or replacement policies of insurance two(2)weeks from the policy expiration date with terms and conditions no less favorable than expiring. 3. Insurance Confirmation. Permittor/MTA's acceptance of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by Permittor/MTA that the insurance requirements have been met or that the insurance policies shown in the certificate of insurance are compliant with these requirements. Failure of the Permittor/MTA to demand such certificates of insurance or other evidence of full compliance with these insurance requirements, or failure of Permittor/MTA to identify a deficiency from evidence provided, will not be construed as a waiver of the Permittee's obligation to maintain such insurance. 4. Non-Compliant Insurance. Permittor/MTA has the right, but not the obligation, of prohibiting the Permittee from entering the Permittor/MTA Property until Permittor/MTA receives all certificates of insurance or other evidence that insurance is compliant. 5. Proof of Insurance: a. Acceptable Forms a ACORD 25: Certificate of Insurance ACORD 855: NY Construction Certificate of Liability Addendum ® ACORD 28: Certificate of Commercial Property Insurance ® ACORD Binder or Insurance Policy ® Workers' Compensation(alternative forms): o C-105.2: Certificate of Workers' Compensation Insurance; or o U-26.3: Certificate of Workers' Compensation from the State Insurance Fund; c or o GSI-105/SI-12—Certificate of Workers' Compensation Self Insurance; or o CE-200 — Attestation of Exemption when Contractor meets the requirements (e.g.) Sole Proprietor b. Certificate of Insurance-The following minimum details must be referenced on the certificate: • Policy coverage details (e.g.) policy term, per occurrence/per project; limits/sub- limits, aggregate limits, deductibles, self-insured retentions, insurance carrier name and corresponding NAIC # • Contract Identifier(e.g.) Contract#, RFP#, or Entry Permit# • Location and Description of Work • Additional Insureds listed in Section D including primary and noncontributory coverage and waiver of subrogation in favor of Permittor/MTA • Certificate Holder must list Permittor/MTA • Certificate of Insurance must be signed by an authorized insurance representative c. Endorsements (where applicable): • General Liability Additional Insured (CG 20 26) • General Liability- Primary and Non-Contributory CG 2001 or equivalent • General Liability- Per Project Aggregate(CG 25 03 or equivalent) • Business Automobile Liability - Additional Insured, MCS 90 and CA 99 48 • Contractor's Pollution Liability -Additional Insured,Non-Owned Disposal Site and Transportation Coverage • Waiver of Subrogation (most recent NCCI/ISO or equivalent as applicable) • Primary and Non-Contributory d. Insurance Binder/Policy(Applicable to Railroad Protective Liability and Builder's Risk/Installation Floater) An insurance binder must include the following minimum details: • Policy coverages and details(e.g.)policy term, limits/sub-limits,aggregate limits, deductibles, self-insured retentions, insurance carrier name and applicable NAIC • Contract number or entry permit number; designated contractor; location and description of Work • Indemnified Parties listed must be listed as Named Insureds. • Binder must be issued and signed by the authorized insurance company or their authorized insurance agent • Binder may be accepted pending issuance of the policy. Policy must be submitted within 30 days from binder effective date. e. ,Point Venture: Evidence of General Liability and Umbrella/Excess Liability insurance must be submitted in the name of the Joint Venture. Alternatively, each Joint Venture Party may submit separate insurance covering the Joint Venture as a Named Insured. SECTION D. ADDITIONAL INSUREDS/INDEMNIFIED PARTIES (By Location of Work) ® All LIRR Agreements: Long Island Rail Road (LIRR),"MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York & Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein. ❑ Penn Station: Long Island Rail Road (LIRR), MTA Grand Central Madison Concourse Operating Company (GCMCOC), MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority(MTA)and its subsidiaries and affiliates and New York & Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein, National Railroad Passenger Corp. (Amtrak),NJ Transit Corporation, and NJ Transit Rail Operations, Inc. ❑ West Side Yard: Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York& Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein,National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc., Consolidated Rail Corporation and CSX Transportation Inc. and Triborough Bridge & Tunnel Authority (B&T). ❑ Sunnyside Yard: Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York& Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing.currently or in the future of and successors to each Indemnified Parties listed herein,National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc. and New York & Atlantic Railway Company (when applicable). ❑ Jamaica Station: Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries-and affiliates and New York & Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein, and Port Authority of NY &NJ. ❑ Other: 13. In the event any article, section, subarticle, paragraph, sentence, clause or phrase contained in this Entry Permit shall be determined, declared or adjudged invalid, illegal, unconstitutional or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the other articles, sections, subarticles, paragraphs, sentences, clauses or phrases of this Entry Permits, which shall remain in frill force and effect as if the article, section, subarticle, paragraph, sentence, clause or phrase declared, determined or adjudged invalid, illegal, unconstitutional or otherwise unenforceable was not originally a part thereof. Please find the proposed Entry Permit in duplicate, and arrange for both of the agreements to be signed by the appropriate officer of your Company, and return both copies to my attention. Upon receipt of the signed agreements, the permit fee and Insurance approval from the MTA Risk & Insurance Management (see Step 3 of the LIRR Entry Permit Guidelines), we will affect execution on behalf of the Railroad, and a fully executed agreement will be returned to you. Thank you for your cooperation. e Sincerely, Joseph Holzapfel Manager- Engineering Compliance ACCEPTED and AGREED: Town of Southold 53095 Main Road Southold,NY 11971 BY: Date: Scott Russell, Town Supervisor cc: D. Varley (MC 3143) D. Olson (MC 3143) M. Reilly (MC 1955) S. Chandra (MC 3146) J. Serina (MC 3146) U. Arteaga (MC 3143) D. Holley (2 Broadway—2151 Floor—Manhattan - MTA Pouch) File LIE&A L. K McLean Associates, P.C. 437 South Country Road o Brookhaven o New York • 11719 (631) 286-8668 - FAX(63 l)286-6314 •:• 25 Newbridge Road m Suite 21'2 e Hicksville o New York o 11801 https:ifwww.lkma.com RAYMOND G.DiBiASE,P.E.PTOE,FTP,PRESIDENT and CEO Associates ROBERT A.STEELE.P.E..EXECUTIVE VICE PRESIDENT CHRISTOPHER F.DWYER JAMES L.DeKONING,P.E.,VICE PRESIDENT STEVEN W EISENBERG.P.E. ANDREW B.SPEISER MATTHEW C.JEDLICKA,LEED AP f KEITH J.MASSERIA;P.E. VINCENT A.CORRADO,P.E. TAMARA L.STILLMAN,P.L.S. October 26, 2022 Long Island Rail Road, Hillside Maintenance Complex 93-59 183rd Street, Department 3146 Hollis,New York 11423 Attn: Joseph Holzapfel, Manager–Engineering Compliance–Engineering Department Re: Town of Southold: Sills Farm Buildings (3) & Concrete Silo Demolition Letter Obtaining Approval for a LIRR Entry Permit LKMA No.22162.000 Dear Mr.Holzapfel: In accordance with your agency's guidelines for obtaining a LIRR entry permit on behalf of the Town of Southold Engineering Department, L.K. McLean Associates PC has prepared this cover letter providing the information requested by your office; 1) Agent for Project: L.K.McLean Associates PC 437 South Country Road Brookhaven, NY 11719 Principal of Company: Robert A. Steele PE, Executive Vice President Contact Person: Christopher F. Dwyer, Associate (516) 779-4776 cdwver 1kma.c0In 2) Project Sponsor(authority for whom work is being performed): Town of Southold Engineering Department 53095 Main Road Southold, NY 11971 Contact Person: Michael Collins PE. Southold Town Engineer 631-765-1560 michael.collinsCro��n.southold.m_u� 3) Construction Contract#: TBD upon Municipal Bid Phase,LKMA Project#: 22162.000 4) Full Description of Work: The Town of Southold would like to demolish three (3) dilapidated buildings and a concrete silo located at the Sill's Farm Property at 70282 Main Road in Greenport, NY (across from the intersection of Main Road (NY-25) & Chapel Lane. The structures are located east of the railroad tracks that run through the property. In order to complete the demolition project, an access plan must be prepared for and approved by the Long Island Rail Road to ensure that the tracks are protected during the course of the project and that demolition operations do not interfere with the operation of the trains. TODkVY S `tRA—M-W-itSr';E 1�fi)RR0MM S0T 1rJT10NS Since 1950 LIUK L. K. McLean Associates .. C. 9 5) The Town envisions that the project will require the use of 18-wheel dump trailers or 40-CY roll off container trucks to remove the construction and demolition (C&D) debris from the farm property. Below is an aerial image of the property in Greenport. A more detailed demolition removal plan showing access to and from the site, material staging area, material loading area and demolition notes is enclosed with this cover letter. r J I :al 1 q. FIGURE 2—SITE AERIAL_ SITE NAME: Sill s �:arrn Property STREET ADDRESS: 70232 and 7C--)84'Aain Road MINICIPALITY, STATE, ZIP: Cr• PROJECT NUMBER: 213317 r,% SCALE: is Sriown Coyer Letter-LIRR Envy Permit-Sills Farm Structure Demolition LIUKA L. K McLean Associates, P. C. 6) The Town of Southold and LKMA estimates that the project will take approximately 10 to 12 weeks to properly demolish the structures. The construction activity will include but not be limited to the following; 1) Site Mobilization, 2) Erosion & Sediment Control Measures, 3) Site & Access Preparation, 4) Demolition of Structures, 5) Loading of Demolition Material, 6) Off Site Transportation & Disposal of Demolition Material, 7) Environmental Controls and 8) Site Restoration & De-Mobilization. All work would be conducted between the hours of 7:OOAM and 4:OOPM (Monday through Friday). Our office appreciates the guidance your office has provided in preparing this request for a Long Island Rail Road Entry Permit. If you should have any questions relative to this request/submission please do not hesitate to contact this office directly. Very truly yours, CFD:cfd Christopher F. Dwyer Associate. Enc. (.1) Demolition &Removal Plan Cc: Michael Collins PE, Southold Town Engineer w/enc. LKMA File w/enc. Cover Letter-LIRR Entry Permit-Sills Fann Structure Demolition T _ ' .rpt 5;..yy. �, '��' r- .��. � 7 •, Ali- a3 EXISTIM 41,041 1 44 r ..fi. :•t DEMOLISHED : ,, +'`fir r"" _ __ — JL„' •� IV MATERIAL , wY ` a 4' LOADING AREA ♦ 14 AREA OF :mw ow EXISTI WORK CONCRETE SILO To BE DEMOLISHED "ii Guidelines for Obtaining a LIRR Entry Permit Step 1: Is thiszan LIRR Project: If no, Proceed to Step 2 If Yes,Contact LIRR Project Manager Step 2:. Request for Entry Permit: Contact: Mr. Joseph Holzapfel Tele: (347) 494-6487 Manager- Engineering Compliance, Engineering Dept. Email: jholzap@lirr.org Long Island Rail Road, Hillside Maintenance Complex 93-59 183rd Street, Dept. 3146 Hollis,NY 11423 Provide: 1) On Company letterhead;Company Name,Address,Principal of Company(President or VP),Contact Person's Name, Title, & Telephone #'s, email address, 2) Authority for whom the work is being performed(NYC or NYS DOT,County, Utility Company,etc.), if applicable, 3) Contract Number assigned by the above Authority, for the work to be performed, 4) Full Description of work (detailed scope of work), and location of where the will be performed (street address, cross streets, town, county, etc) 5) Additional information that may clarify the working limits and any interference to LIRR operation (i.e. drawings, surveys, crane calculations, etc.) 6) Amount of time necessary to complete the work and anticipated period of performance. After reviewing the Entry Permit request/submittal package for completeness,a copy of the LIRR Entry Permit will be prepared,scanned and forwarded to the requestor for signature.Upon receipt,the requestor must review, sign, scan, and return the permit and all required insurance documents, to the Manager- Engineering Compliance. Step 3: Initial Insurance Review: Upon receipt, review, and approval of all insurance documents by the MTA Risk & Insurance Management Department,the Manager-Engineering Compliance will contact the LIRR Controllers regarding the receipt status of the Entry Permit Fee from the requestor. Step 4 Entry Permit Fee Upon confirmation from the LIRR Controllers Office that the Entry Permit Fee has been received from the requestor, the Manager- Engineering Compliance will execute and forward a copy of the executed agreement to the requestor, and the requestor shall proceed to Step 5 Step 5: LIRR Civil Design & Inspection Contact: Mr. Ulises Arteaga, PE Tele: (718)558-3351 LIRR Civil Design & Inspection Fax: (718)558-3298 Engineer of Structures - Civil Inspection, Engineering Department Email: uarteag@lirr.org Long Island Rail Road, Hillside Support Facility 93-59 183rd Street, Dept. 3143, Hollis,NY 11423 Provide: 1) A copy of the executed Entry Permit(signed by LIRR and requestor) 2) Original signed copies of Evidence of Insurance- submitted in the proper format 3) Items I through 6 from Step 2 Upon review of all documents, and obtaining appropriate confirmation from MTARIM that all insurances have been reviewed and approved,and that the Entry Permit agreement has been frilly executed,a Field Inspector will be assigned to coordinate activities associated with the project—such as arranging for appropriate flag protection, RWP Training and request for mark-out of LIRR assets. *It should be noted that the requestor must not alter the documents or take exception to the LIRR Entry Permit Terms and Conditions.Failure to follow the Guidelines described herein may result in the cancellation of the Entry Permit Agreement. Long Island Rall Road GENERAL REQUIREMENTS FOR PROJECTS ADJACENT TO LIRR PROPERTY WITH POTENTIAL TO IMPACT LIRR SAFETY AND OPERATIONS • Attached are "General Requirements for Outside Contractors Working on LIRR Property". These requirements apply to this project. Entry Permit requires an outside agency, or contractor to reimburse the LIRR for all project costs (i.e. Flag. Protection, Project engineers, Inspectors, etc.) ® Shop drawings and calculations detailing sheeting must be submitted prior to excavation, which may impact the stability of adjacent embankment supporting our tracks. Shop drawings and calculations to include the original seal and signature of a NYS Licensed Professional Engineer. Sheeting to be designed for Cooper E- 80 Axel Loading as per the American Railway Engineering Associates. ® Fouling of LIRR Track includes work within 15 ft. of or along LIRR tracks. This also includes operation of equipment or any part of equipment (i.e. crane booms) which could fall onto or within six (6) feet of LIRR tracks. All parties are notified that fouling LIRR track without LIRR flag protection being present is a violation.of Federal Law. ® CRANES o Crane operation must maintain at least fifteen (15) feet vertical and horizontal separation from.overhead LIRR High Tension Lines. If overhead power lines from outside agenciei are supported from LIRR High tension poles, a letter from that agency must be submitted to the LIRR stating their vertical and horizontal separation requirements. o The following conditions apply for operating cranes with booms of sufficient length to fall onto or iithin six (6) feet of LIRR tracks. ® Crane information must be submitted to the LIRR for review, including proposed location of crane, proposed boom angle and loading diagram indicating that th'e crane is capable of supporting 150% of load to be lifted. Loading iagram to include original seal and signature of NYS Licensed Professional engineer. LIRR flag protection must be on site. Crane operations will generally be restricted to 10:00 am to 3:00 pm daily. Crane operator or one (1) construction supervisor who will be on the site full time must be trained and verified in Roadway Worker Protection. Crane operations must follow the direction of LIRR flagmen and face boom parallel to our track when ordered to do so. Procedure Number: 3`d Party—3 Title:Adjacent Revision: 2 Date: 03/13/12 Saved Location: H:\Structures\3rd Party Contracting\Procedures\Projects Adjacent to LIRR Property.doc Page 1 of 1 Long Island Rail Road GENERAL REQUIREMENTS FOR OUTSIDE CONTRACTORS WORKING ON LIRR PROPERTY ® Obtain Entry Permits. Call LIRR Manager — Engineering Compliance at 347-494-6487. ® Obtain required Railroad Protective Liability Insurance and submit original signed insurance documents to the MTA Risk and Insurance Management, call 646-252-1429. ® All contractor personnel whose duties include working on, within fifteen (15) feet of or above railroad tracks or operating equipment (i.e. cranes) on or near railroad tracks shall attend annual Roadway Worker Protection (RWP). Call LIRR Training Department at 718-558-3100 to schedule. , • Two (2) weeks prior to start of construction call Managing Engineer — Civil Inspection at 718-558-3351. Procedure Number: 3`d Party—3 Title: General Revision: 2 Date:03/13/12 Saved Location: H:\Structures\3rd Party Contracting\Procedures\Outside Contractors Working on LIRR Property.doc Page 1 of 1 RANCE ON ALL THRU BRIDGES ------------ SIDE OF BLDGS., ENGINE �ER BLDG. DOORWAYS �AL SIDE CLEARANCE FRUCTIONS OTHER JOSE LISTED FOR 8' -0" 'DS MIN. LEGAL SIDE CLEARANCE E 4. 0 — 015 8 6 0 0 0 6 ' — 6 - I co HIGH FREIGHT 5 � - 3 3/4 PLATFORM NSHIP IN 77-11 11 1,7-1--1-'17'1--71177-77-1 RUNNING / 7 GUARD RAILS ARD RAILS, letrepoflta a `transportation Authority GUIDELINES FOR SUBMISSION OF INSURANCE 1. INSURANCE REQUIREMENTS: Refer to your contract for required insurance coverages, limits, and endorsements and review with your authorized insurance broker for compliance 2. ACCEPTABLE FORMS OF INSURANCE: • ACORD 25: Certificate of Insurance • ACORD 855: NY Construction Certificate of Liability Addendum • ACORD 28: Certificate of Commercial Property Insurance • ACORD Binder or Insurance Policy • Workers' Compensation: - C-105.2—Certificate of Workers'Compensation Insurance; or - U-26.3—Certificate of Workers'Compensation from the State Insurance Fund; or - GSI-105/SI-12—Certificate of Workers'Compensation Self Insurance; or - CE-200—Attestation of Exemption when Contractor meets the requirements(e.g.)Sole Proprietor 1 3. CERTIFICATE OF INSURANCE MUST INCLUDE: • Policy coverage details(e.g.) policy term, per occurrence/per project; limits/sub-limits, aggregate limits, deductibles, self-insured retentions, and insurance carrier name and corresponding NAIC# • Contract Identifier(e.g.)Contract#, Request for Proposal#, or Entry Permit# • Location and Description of Work • Reference indemnified parties as additional insureds, primary and noncontributory coverage, and waiver of subrogation in favor of the MTA Agency • Certificate Holder must list the MTA Agency e Certificate of Insurance must be signed by an authorized insurance representative 4. INSURANCE BINDER MUST INCLUDE: (Applicable for Railroad Protective Liability(RRPL)and Builder's Risk/installation Floater(BR)] • Policy coverages and details(e.g.) policy term, limits/sub-limits, aggregate limits, deductibles, self-insured retentions, insurance carrier name and applicable MAIC# • Contract Number or Entry Permit Number; Designated Contractor; Location and Description of Work o Reference Indemnified parties as Named Insureds (RRPL) or Additional Named Insureds(BR) • Binder must be issued and signed by the authorized insurance company or their authorized insurance agent o Policy must be submitted within 30 days from binder effective date. 5. SUBMISSION OF INSURANCE: [Initial evidence of all required insurance must be sent to the MTA Agency/Procurement Representative] o ACORD Certificate of Insurance • Additional Insured Endorsements (e.g.) CG 20 10/CG 20 26/CG 20 38 and CG 20 37 • Primary and Non-Contributory Endorsements • Environmental Endorsements (e.g.) MCS 90 and CA 99 48, and Non-Owned Disposal Site(NODS),when applicable • Insurance Policy-A Binder may be accepted pending issuance of the policy. • Joint Venture: - General Liability Insurance must be procured in the name of the Joint Venture; or - General Liability Insurance may be endorsed to add the Joint Venture as Additional Named Insured 6. INSURANCE COMPLIANCE: • Initial Insurance: A"compliant message"will be sent to the Contractor via the MTA Certificate of Insurance Management System (CIMS),the ComplianzT". • Renewal Insurance: Each contract will have a "designated" email address for submission of renewal insurance. MTA Risk and Insurance Management: 4.14.21 88 HARBOR IRC)AC PORT WASHINGTON, NY 11050 ��:;,{�;' ' '(� ��11 s516)944-9500 �x;518) 944-9507 T Npiljrpnyen Aronmental corn XRF INSPECTION FOR LEAD-BASED PAINTS PERFORMED AT: SILLS FARM 70282/70284 MAIN RD. GREENPORT, NY Performed for: ZEB ENVIRONMENTAL SOLUTIONS 188 WEST MONTAUK HIGHWAY HAMPTON BAYS, NY 11946 Prepared by: NEW YORK ENVIRONMENTAL &ANALYTICAL LABORATORIES, INC. 88 HARBOR ROAD PORT WASHINGTON, NEW YORK 11050 PROJECT NO. 45178 APRIL 11, 2016 TABLE OF CONTENTS 1.0 BACKGROUND 2.0 SCOPE OF WORK 3.0 SUMMARY OF INSPECTION RESULTS 4.0 SUMMARY OF LEAD INSPECTION BY XRF 5.0 AREAS NOT ACCESSIBLE APPENDICES 6.0 APPENDIX A: XRF TEST DATA REPORTS 7.0 APPENDIX B: LABORATORY ACCREDITATIONS 8.0 APPENDIX C: XRF PERFORMANCE CHARACTERISTIC SHEET 9.0 APPENDIX D: SITE PLANS i 1.0 BACKGROUND New York Environmental & Analytical Laboratories, Inc. has conducted a survey for the presence of lead based paints at the following building: Location: Sills Farm Address: 70282/70284 Main Rd. Greenport, NY Job #: 45178 Site Visits: March 31, 2016 Report Date: April 5, 2016 Field Procedures and Analysis Methodology: X-Ray Fluorescence analysis (XRF) was the primary lead detection technique utilized for this inspection. The XRF analysis was conducted at the above-mentioned site using a portable RMD LPA-1 XRF lead based paint gauging device, manufactured by RMD Instruments. The RMD LPA-1 XRF was utilized in strict accordance with the procedures outlined and specified in the IP-4 protocol for lead-based paint testing, NYC SCA Protocol, Guidelines for the Evaluation and Control_ of Lead Based Paint Hazards in Housing, Department of Housing and Urban Development (HUD), 1995 (revised September 1997), Lead; Requirements for Lead-based Paint Activates in Target Housing and Child Occupied Facilities: Final Rule; (40 CFR Part 745), US Environmental Protection Agency (EPA), 19, August 1996, and the Residential Lead Hazard Reduction Act (Title X of the Community Development and Housing Act of 1992). Quality control readings were used to monitor the performance of the RMD LPA-1 XRF and are referred to as the calibration check test readings. The calibration check readings were taken on the red 1.02 mg/cm? Standard Reference Material (SRM) paint film, developed by the National Institute of Standards and Technology (NIST). The readings were taken on the red 1.02 mg/cm2 SRM paint standard when the instrument was at least 12 inches away from any potential source of lead. The recorded calibration check test results can be found in Appendix 2. The average of the calibration check readings were computed and recorded. The sets of calibration check readings collected did not differ by more than the specified tolerance listed in the RMD LPA-1 XRF performance characteristics sheets. All calibration checks were performed with the RMD LPA-1 XRF in the Test Mode 2.0 SCOPE OF WORK The areas inspected for lead-based paint and which may be impacted by the renovation work are the following: 1. Structure 1 2. Structure 2 3. Silo 4. Main House 3.0 SUMMARY OF INSPECTION RESULTS The lead paint inspection was conducted on March 31, 2016 and involved a thorough visual examination of all areas and sampling of paints. Although materials were found to be non-lead based paints (NLBP), it should be noted that results are not indicative of the total absence of lead in surface coating materials. Care should be taken in the event of disturbance of surfaces coated with paints or covering containing any amount of lead. The following materials tested positive for LBP: • Structure 1, Interior Blue Wall Paint • Structure 1, Exterior Beige Paint on Wood Siding • Structure 1, Exterior White Wood Trim Paint • Structure 2, Exterior Gray Paint on Wood Siding • Structure 2, Exterior White Wood Trim Paint • Structure 2, Interior White Wood Trim Paint • Main House, 1St Floor Living Room, White Paint on Wood Entrance Door • Main House, 1St Floor Between Living Room and Dining Room, White Paint on Closet Door • Main House, Exterior of House, Yellow Paint on Wood Clapboard Below Siding 4.0 SUMMARY OF LEAD INSPECTION BY XRF TABLE 1 Test Location Component Substrate Paint Color XRF Classification I Result Structure 1 Interior Wall Plaster White NLBP Interior Wall Wood Blue NLBP Interior Wall Wood Blue LBP Exterior Wood Siding Wood Beige LBP Exterior Trim Paint Wood White LBP Structure 2 Exterior Siding Wood Gray NLBP Exterior Siding Wood Gray LBP Exterior Trim Paint Wood White LBP Interior Trim Paint Wood White LBP Interior Wall Plaster Pink NLBP Interior Wall Plaster Blue NLBP Silo Exterior of Silo Wall Concrete White NLBP Exterior of Silo Wall Concrete White NLBP Main House 151 Floor Living Room Walls Gypsum Wallboard Yellow NLBP 15t Floor Living Room Ceiling Gypsum Wallboard White NLBP 1st Floor, Dining Room Window Frame Wood White NLBP 151 Floor Living Room Wood Flooring Wood --- NLBP 151 Floor Living Room Base Molding Wood White NLBP Test Location Component Substrate Paint Color XRF Classification/Result 15' Floor Living Room Wall Trim Wood White NLBP 151 Floor Living Room Radiator Paint Metal Silver NLBP 1"Floor Living Room Door Entrance Door White LBP 15'Floor Between Living Room and Dining Closet Door Wood White LBP Room 1s1 Floor, Dining Room Walls Gypsum Wallboard Pink NLBP 1st Floor, Dining Room Ceiling Gypsum Wallboard White NLBP 1st Floor, Dining Room Wood Flooring Wood --- NLBP 151 Floor, Dining Room Base Molding Wood White NLBP 1s1 Floor, Dining Room Wall Trim Wood White NLBP 1S1 Floor, Dining Room Window Frame Wood White NLBP 15' Floor Kitchen Ceiling Gypsum Wallboard White NLBP I"Floor Kitchen Crown Molding Wood White NLBP 151 Floor Kitchen Trim Paint Wood White NLBP 1s1 Floor Kitchen Cabinets Wood White NLBP 1s1 Floor Kitchen Window Frame Wood White NLBP 1st Floor Kitchen Radiator Paint Metal White NLBP 15'Floor Hallway Leading to Bathroom Cabinets Wood White NLBP 151 Floor Hallway Leading to Bathroom Walls Gypsum Wallboard White NLBP 151 Floor Hallway Leading to Bathroom Ceiling Gypsum Wallboard White NLBP 151 Floor, Bathroom Walls Gypsum Wallboard White NLBP 15' Floor, Bathroom Ceiling Gypsum Wallboard White NLBP 151 Floor, Enclosed Porch Walls Gypsum Wallboard White NLBP 1s1 Floor, Enclosed Porch Walls Wood --- NLBP 1st Floor, Enclosed Porch Ceiling Gypsum Wallboard White NLBP 151 Floor, Enclosed Porch Door Wood White NLBP 15'Floor, Enclosed Porch Crown Molding Wood White NLBP Test Location Component Substrate Paint Color XRF Classification I Result 151 Floor, Enclosed Porch Trim Paint Wood White NLBP 15t Floor, Enclosed Porch Door Wood White NLBP 151 Floor Staircase Walls Gypsum Wallboard Yellow NLBP 151 Floor Staircase Ceiling Gypsum Wallboard White NLBP 151 Floor Staircase Risers Wood White NLBP 2nd Floor Bathroom Walls Plaster Pink NLBP 2nd Floor Bathroom Ceiling Gypsum Wallboard White NLBP 2nd Floor Bathroom Trim Wood White NLBP 2nd Floor Bathroom Cabinet Wood White NLBP 2nd Floor Bathroom Window Frame Wood White NLBP 2nd Floor Bedroom 1 Walls Gypsum Wallboard Yellow NLBP 2nd Floor Bedroom 1 Cabinet Wood White NLBP 2nd Floor Bedroom 1 Ceiling Gypsum Wallboard White NLBP 2nd Floor Bedroom 1 Floor Wood --- NLBP 2"d Floor Bedroom 1 Trim Wood White NLBP 2"d Floor Bedroom 1 Door Wood White NLBP 2nd Floor Bedroom 1 Window Frame Wood White NLBP 2nd Floor Bedroom 2 Walls Gypsum Wallboard Pink NLBP 2nd Floor Bedroom 2 Ceiling Gypsum Wallboard White NLBP 2nd Floor Bedroom 2 Floor Wood --- NLBP 2nd Floor Bedroom 2 Trim Wood White NLBP 2nd Floor Bedroom 2 Crown Molding Wood White NLBP 2nd Floor Bedroom 2 Window Frame Wood White NLBP Exterior of House, Below Siding Wood Clapboard Wood Yellow LBP Exterior of House Oil Tank Metal Silver NLBP Exterior of House Wood on Enclosed Porch Wood White NLBP NLBP = Results Classified as Negative by XRF or that have a concentration of lead less than 0.5% by weight. 5.0 AREAS NOT ACCESSIBLE New York Environmental & Analytical Laboratories, Inc. inspected and sampled materials, which were observable and accessible to the survey team. It is possible; however, that additional suspect lead may exist under concealed spaces, which were not accessible without using destructive means. Any paints that have not been tested and/or found to be lead based paints must be assumed to be lead based paints. APPENDIX A 6.0 XRF TEST DATA REPORTS Sample XRF Classification I Laboratory Result (dumber Test Location Substrate Paint Color Component K Shell Reading Result (BY mss) 1 --- --- --- Office Calibration @0930 1.0 --- --- 2 --- --- --- Office Calibration @0931 1.0 --- --- 3 --- --- --- Office Calibration @0932 1.0 --- --- 4 --- --- --- Calibration @1310 1.0 --- --- 5 --- --- --- Calibration @1311 1.0 --- --- 6 --- --- --- Calibration @1312 1.0 --- --- --- Structure 1 7 Interior Plaster White Wall -0.2 Negative --- 8 Interior Plaster White Wall 0.1 Negative ---, 9 Interior Wood Blue Wall -0.1 Negative --- 10 Interior - Wood Blue Wall 6.5 Positive --- 11 Exterior Wood Beige Wood Siding 2.7 Positive --- 12 Exterior Wood White Trim Paint 5.5 Positive --- Structure 2 --- 13 Exterior Wood Gray Siding 0.2 Negative --- 14 Exterior Wood Gray Siding 6.0 Positive --- 15 Exterior Wood White Trim Paint 3.4 Positive --- 16 Interior Wood White Trim Paint 2.9 Positive --- 17 Interior. Plaster Pink Wall -0.2 Negative --- 18 Interior Plaster Pink Wall -0.1 Negative --- 19 Interior Plaster Blue Wall -0.2 Negative --- 20 Interior Plaster Blue Wall -0.2 Negative --- --- Silo --- 21 Exterior of Silo Concrete White Wall 0.4 Negative --- 22 Exterior of Silo Concrete White Wall 0.4 Negative --- --- Main House --- Sample Test Location Substrate Paint Color Component K Shell Reading XRF Classification/ Laboratory Result Number Result (By AAS) 23 15' Floor Living Room Gypsum Wallboard Yellow Wall 1 0.2 Negative --- 24 15'Floor Living Room Gypsum Wallboard Yellow Wall 2 0.4 Negative --- 25 15'Floor Living Room Gypsum Wallboard Yellow Wall 3 0.2 Negative --- 26 151 Floor Living Room Gypsum Wallboard Yellow Wall '0.1 Negative --- 27 15'Floor Living Room Gypsum Wallboard White Ceiling 0.3 Negative -- 2$ 1st Floor, Dining Room Wood White Window Frame -0.1 Negative 29 151 Floor Living Room Wood --- Wood Flooring 0.2 Negative --- 30 15' Floor Living Room Wood White Base Molding -0.2 Negative --- 31 151 Floor Living Room Wood White Wall Trim - 0.2 Negative --- 32 1s1 Floor Living Room Metal Silver Radiator Paint 0.1 Negative --- 33 15' Floor Living Room Entrance Door White Door 1.5 Positive --- 34 151 Floor Between Living Wood White Closet Door 2.9 Positive --- Room and Dining Room 35 1s1 Floor, Dining Room Gypsum Wallboard Pink Wall 1 0.3 Negative --- 36 1st Floor, Dining Room Gypsum Wallboard Pink Wall 2 0.3 Negative --- 37 1 st Floor, Dining Room Gypsum Wallboard Pink Wall 3 -0.1 Negative --- 38 1s1 Floor, Dining Room Gypsum Wallboard Pink Wall 0.1 Negative --- 39 1st Floor, Dining Room Gypsum Wallboard White Ceiling -0.2 Negative 40 1st Floor, Dining Room Wood --- Wood Flooring 0.3 Negative --- 41 15'Floor, Dining Room Wood White Base Molding -0.3 Negative --- 42 1st Floor, Dining Room Wood White Wall Trim 0.2 Negative --- 43 1st Floor, Dining Room Wood White Window Frame 0.4 Negative --- 44 151 Floor Kitchen Gypsum Wallboard White Ceiling 0.2 Negative --- 45 151 Floor Kitchen Wood White Crown Molding 0.2 Negative --- 46 151 Floor Kitchen Wood White Trim Paint -0.1 Negative --- 47 151 Floor Kitchen Wood White Cabinets 0.2 Negative --- 48 15'Floor Kitchen Wood White Window Frame 0.4 Negative --- 1st Floor Kitchen Metal White Radiator Paint 0.1 Negative --- Sample XRF Classification I Laboratory Result Number Test Location Substrate Paint Color Component K Shell Reading Result (By AAS) 50 151 Floor Hallway Leading Wood White Cabinets -0.3 Negative to Bathroom 51 1s1 Floor Hallway Leading Gypsum Wallboard White Wall 0.2 Negative' --- to Bathroom 52 1s1 Floor Hallway Leading Gypsum Wallboard White Ceiling 0.3 Negative --- to Bathroom 53 1s' Floor, Bathroom Gypsum Wallboard White Wall 1 0.3 Negative --- 54 1s'Floor, Bathroom Gypsum Wallboard White Wall 2 0.3 Negative --- 55 1st Floor, Bathroom Gypsum Wallboard White Wall 3 -0.2 Negative --- 56 151 Floor, Bathroom Gypsum Wallboard White Wall 4 0.1 Negative --- 57 15t Floor, Bathroom Gypsum Wallboard White Ceiling 0.2 Negative --- 58 151 Floor, Enclosed Porch Gypsum Wallboard White Wall 1 0.1 Negative --- 59 1st Floor, Enclosed Porch Gypsum Wallboard White Wall 2 0.1 Negative --- 60 1s'Floor, Enclosed Porch Gypsum Wallboard White Wall 3 0.2 Negative --- 61 1s'Floor, Enclosed Porch Wood --- Wall -0.3 Negative 62 1s1 Floor, Enclosed Porch Gypsum Wallboard White Ceiling 0.2 Negative --- 63 1s1 Floor, Enclosed Porch Wood White Door 0.4 Negative --- 64 1s'Floor, Enclosed Porch Wood White Crown Molding 0.2 Negative --- 65 1s1 Floor, Enclosed Porch Wood White Trim Paint 0.1 Negative --- 66 151 Floor, Enclosed Porch Wood White Door 0.3 Negative --- 67 151 Floor Staircase Gypsum Wallboard Yellow Wall 1 0.1 Negative --- 68 1 st Floor Staircase Gypsum Wallboard Yellow Wall 2 0.2 Negative --- 69 1s' Floor Staircase Gypsum Wallboard White Ceiling 0.2 Negative --- 70 1s'Floor Staircase Wood White Risers -0.4 Negative --- 71 2nd Floor Bathroom Plaster Pink Wall1 0.3 Negative --- 72 2nd Floor Bathroom Plaster Pink Wall 2 0.2 Negative 73 2nd Floor Bathroom Plaster Pink Wall 3 0.1 Negative --- 74 2nd Floor Bathroom Gypsum Wallboard White Ceiling 0.2 Negative --- 75 2nd Floor Bathroom Wood White Trim 0.1 Negative --- Sample Test Location Substrate Paint Color Component K Shell Reading XRF Classification/ Laboratory Result Number Result (By AAS) 76 211 Floor Bathroom Wood White Cabinet 0.3 Negative --- 77 211 Floor Bathroom Wood White Window Frame 0.1 Negative --- 78 2nd Floor Bedroom 1 Gypsum Wallboard Yellow Wall 1 0.1 Negative --- 79 2nd Floor Bedroom 1 Gypsum Wallboard Yellow Wall 2 0.1 Negative --- 80 211 Floor Bedroom 1 Gypsum Wallboard Yellow Wall 3 0.2 Negative --- 81 2nd Floor Bedroom 1 Wood White Cabinet 0.2 Negative --- 82 2nd Floor Bedroom 1 Gypsum Wallboard White Ceiling 0.3 Negative --- 83 2"d Floor Bedroom 1 Wood --- Floor -0.4 Negative 84 211 Floor Bedroom 1 Wood White Trim 0.1 Negative 85 2"d Floor Bedroom 1 Wood White Door 0.1 Negative 86 2nd Floor Bedroom 1 Wood White Window Frame -0.1 Negative 87 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 1 -0.1 Negative --- 88 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 2 0.1 Negative --- 89 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 3 0.1 Negative --- 90 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 3 0.2 Negative --- 91 2nd Floor Bedroom 2 Gypsum Wallboard White Ceiling 0.3 Negative --- 92 2nd Floor Bedroom 2 Wood --- Floor -0.3 Negative 93 2nd Floor Bedroom 2 Wood White Trim 0.2 Negative 94 2nd Floor Bedroom 2 Wood White Crown Molding 0.2 Negative 95 2nd Floor Bedroom 2 Wood White Window Frame 0.1 Negative 96 Exterior of House, Below Wood Yellow Wood Clapboard 5.3 Positive Siding, 97 Exterior of House Metal Silver Oil Tank 0.4 Negative 98 Exterior of House Wood White Wood on Enclosed Porch 0.2 Negative 99 Exterior of House Wood White Wood Trim on Enclosed 0.2 Negative Porch 100 --- --- --- Calibration @1542 1.0 --- 101 --- --- --- Calibration @1543 1.0 --- --- SampleXRF Classification/ Laboratory Result Number Test Location Substrate Paint Color Component K Shell Reading Result (By AAS 102 --- --- --- Calibration @1544 1.0 --- --- --- Office Calibration @1920 1.0 --- 103 --- 104 --- --- --- Office Calibration @1921 1.0 --- --- 105 --- --- --- Office Calibration @1922 1.0 --- --- I APPENDIX B 7.0 LABORATORY ACCREDITATIONS z urtffg filat New York Environmental &=_Analytical Labs, Inc. has fulfilled the requirements of th6,76Ac'Substances:control Act(TSCA) Section 402, and has received certification to conduct lead=based,paint.activities pursuant;.to 40 CFR Part 745.226 ot y New York This certification is valid from the date of issuance and expires May 08, 2018 fJ NY-124686-2 Certification # Michelle Price, Chief May 07, 2015 Lead, Heavy Metals, and Inorganics Branch Issued On ' NEW YORK STATE DEPARTMENT OF HEALTH RADIOACTIVE MATERIALS LICENSE ELSM Pursuant to the Public Health Law, Part 16 of the New York State Sanitary Code, Industrial Code Rule 38, and in reliance on statements and representations heretofore made by the licensee designated below, a license is hereby issued authorizing radioactive material(s) for the purpose(s), and at the place(s) designated below. The license is subject to all applicable rules, regulations, and orders now or hereafter in effect of all appropriate regulatory agencies and to any conditions specified below. 1. NAME OF LICENSEE 3. LICENSE NUMBER FEIN 11-2887020 C3140 New York Environmental & Material 4. EXPIRATION DATE Testing Laboratories, Inc. Phone (516)944-9500 March 5,2024 2.ADDRESS OF LICENSEE 5a. REFERENCE b.AMENDMENT NO. 88-90 Harbor Road DH 13-272. 3 Port Washington,New York 11050 6. Radioactive Materials 7. Chemical and/or 8. Maximum quantity licensee (elements in mass number) physical form may possess at any one time A. Cobalt 57 A. Sealed source A. 24 millicuries maximum. No single source to exceed 12 millicuries 9. Authorized use. Condition 6.A.: A. The. licensee is authorized to use any sealed source, or associated portable x-ray fluorescence device which has been manufactured and distributed in accordance with a specific license issued by an Agreement State or the United States Nuclear Regulatory Commission. Combinations of sources and devices must be compatible for use as stated in a Sealed Source 'and Device Registration Certificate (i.e., stated in the registration certificate for the source or device). B. No single source may exceed the maximum activity specified for that nuclide in the Sealed Source and Device Registration Certificate for any device in which the source is to be used. Page 1 of 4 ao ........... ......... AL NEW YORK STATE DEPARTMENT OF HEALTH RADIOACTIVE MATERIALS LICENSE EL510 3. License Number C3140 5a. Reference DH 13-272 b.Amendment No. 3 9. C. Only portable x-ray fluorescence devices which require continuous activation by the operator, and which incorporate a mechanism to automatically return the source to its shielded position(e.g., a"dead-man" switch)may be obtained and used under this license. Devices which rely upon positive action by the operator to shield the source, ,such as operation of a key switch, or which do not require continuous operator activation during exposure, are not authorized under this license. 10. A. The Radiation Safety Officer (RSO) for this License is Michael Baudo. B. Licensed material shall be used by, or under the supervision of, the Radiation Safety Officer,by licensee personnel trained and certified by the manufacturer. The licensee shall maintain a complete and accurate record of the qualifications of each person permitted to use radiation sources under this license. 11. Except as specifically provided otherwise in this License, the licensee-shall conduct its program in accordance with the statements, representation and procedures contained in the documents, including any enclosures, listed below. The Department's Regulations shall govern, unless the statements, representation and procedures in the licensee's application and correspondence are more restrictive than the Regulations. A. Application dated June 24, 2013, signed by Mike Baudo,with attachments. 12. A. Licensed material shall be stored at the location indicated in Condition 2 and may be used at temporary job sites of the licensee anywhere within the State of New York, where the Department of Health exercises jurisdiction. B. Overnight storage at other locations shall be in accordance with statements referenced in Condition 11 of the license, provided that such storage may not be in a residence, or in an attached garage except within a vehicle. Any vehicle used for storage shall be driven only for purposes associated with use or transport of the contained radioactive material, by a person qualified to use the material, and no passengers shall be carried unless they are also involved in work under this license. Vehicular storage shall only be allowed if no other storage is possible and shall not exceed five (5) consecutive nights unless authorization to exceed this limit is obtained from the Department. Page 2 of 4 RA 5 NEW YORK STATE DEPARTMENT OF HEALTH RADIOACTIVE MATERIALS LICENSE FXCE1510R 3. License Number C3140 5a.Reference DH 13-272 b.Amendment No. 3 12. C. - Under no circumstances shall radioactive material authorized by this license be transferred to the custody of any person or firm other than the licensee, or be used or stored by another person or firm or its employees; unless that person or firm possesses a valid license to possess and use such radioactive material. 11 Sealed sources containing radioactive materials shall not be opened or removed from devices. 14. A. The licensee is not authorized to dismantle, repair or affect any changes in the source holders/devices. B. The licensee shall not alter labels attached to source holders or devices, and shall maintain labels in legible condition at all times. 15. The licensee shall instruct persons who engage in work under the license, in accordance with 10 NYCRR 16.13(c). Such instruction shall include the licensee's operating and emergency procedures, and other information contained in documents incorporated in Condition 11. 16. The licensee shall conduct a physical inventory every six (6) months to .account for all devices received and possessed under the License. The records of the inventories shall be maintained for three (3) years from the date of the inventory for inspection by the Department, and.shall include the quantities and kinds of licensed material, manufacturer's name and model number, location of devices, the date of the inventory, and the name of the person who performed it. 17. A. The licensee shall maintain a utilization log containing the identification of devices used, dates removed and returned to storage, the location of use, and the identity of user. B. The log shall be kept at the location of storage and shall contain sufficient detail to enable the licensee to inform the Department at any time, of the exact location of each device. 18. Current copies of the following documents shall be maintained at temporary job sites for Department inspection: A. The manufacturer's instruction manual and the licensee's operating and emergency procedures. Page 3 of 4 a- `. NEW YORK STATE DEPARTMENT OF HEALTH •G Si RADIOACTIVE MATERIALS LICENSE 3. License Number C3140 5a. Reference DH 13-272 b.Amendment No. 3 18. B. A copy of the results of the latest test for leakage and/or contamination performed on the sealed sources. C. A copy of this license. 19. In the event that a theft, loss or other serious incident does occur, the Department shall be notified immediately by telephone and subsequent information acquired by the licensee shall be reported as it is received. All device users must carry the NYSDOH's current telephone number in their emergency procedures. 20. The licensee shall ensure that all persons authorized to use portable devices comply with safe use and maintenance procedures and that they do not leave a device unattended or unsecured at any time, even for a few minutes. FOR THE NEW YORK STATE DEPARTMENT OF HEALTH Date: March 5, 2014 By j Cl Daniel J. S mson, CHP, Chief DJS/MTS:gsd/ks Radioactive Materials Section Bureau of Envirorimental Radiation Protection Page 4 of 4 APPENDIX C 8,0 XRF PERFORMANCE CHARACTERISTIC SHEET RMD LPA-1, PCS Edition 5 Page 1 of 4 Performance Characteristic Sheet EFFECTIVE DATE: October 25, 2006 EDITION NO.: S MANUFACTURER AND MODEL: Make: Radiation Monitoring Devices Model: LPA-1 Source: 57Co Note: This sheet supersedes all previous sheets for the XRF instrument of the make, model, and source shown above for Instruments sold or serviced after June 20. 1905, icor other Instruments, see prior editions FIELD OPERATION GUIDANCE OPERATING PARAMETERS: Quick mode or 30-second equivalent standard(Time Corrected)mode readings. XRF CALIBRATION CHECK LIMITS: 0.7 to 1.3 mg/cm2(inclusive) SUBSTRATE CORRECTION: For XRF results below 4.0 mg/cm2, substrate correction is recommended for: Metal using 30-second equivalent standard (Time Corrected)mode readings. None using quick mode readings. Substrate correction is not needed for: Brick, Concrete, Drywall, Plaster, and Wood using 30-second equivalent standard (Time Corrected)mode readings Brick, Concrete, Drywall, Metal, Plaster, and Wood using quick mode readings THRESHOLDS: 30-SECOND EQUIVALENT STANDARD SUBSTRATE THRESHOLD MODE READING DESCRIPTION (M9/CM) Brick 1.0 Results corrected for substrate bias Concrete 1.0 on metal substrate only Drywall 1.0 Metal 0.9 Plaster 1.0 Wood 1.0 QUICK MODE SUBSTRATE THRESHOLD READING DESCRIPTION m ICm2 Brick 1.0 Readings not corrected for substrate bias Concrete 1.0 on any substrate Drywall 1.0 Metal 1.0 Plaster 1.0 Wood 1.0 RMD LPA-i, PCS Edltlon 5. Page 2 of 4 BACKGROUND INFORMATION EVALUATION DATA SOURCE AND DATE: This sheet Is supplemental Information to be used In conjunction with Chapter 7 of the HUD Guldellnes for the Evaluation and Control of Lead-Based Paint Hazards In Housing ('HUD Guidelines'). Performance parameters shown on this sheet are calculated from the EPA/HUD evaluation using archived building components. Testing was conducted on approximately 150 test locations in July 1995. The instrument that performed testing In September had a new source installed in June 1995 with 12 mCi initial strength, OPERATING PARAMETERS: Performance parameters shown in this sheet are applicable only when properly operating the instrument using the manufacturer's instructions and procedures described in Chapter 7 of the HUD Guidelines. XRF CALIBRATION CHECK: The calibration of the XRF instrument should be checked using the paint film nearest 1.0 mg/cm2 in the NIST Standard Reference Material (SRM)used (e.g., for NIST SRM 2579, use the 1.02 mg/cm2 film). If readings are outside the acceptable calibration check range, follow the manufacturer's instructions to bring the instruments into control before XRF testing proceeds. SUBSTRATE CORRECTION VALUE COMPUTATION: Chapter 7 of the HUD Guidelines provides guidance on correcting XRF results for substrate bias. Supplemental guidance for using the paint film nearest 1.0 mg/cm2 for substrate correction is provided: XRF results are corrected for substrate bias by subtracting from each XRF result a correction value determined separately in each house for single-family housing or in each development for multifamily housing,for each substrate. The correction value is an average of XRF readings taken over the NIST SRM paint film nearest to 1.02 mg/cm2 at test locations that have been scraped bare of their paint covering. Compute the correction values as follows: Using the same XRF instrument,take three readings on a bare substrate area covered with the NIST SRM paint film nearest 1 mg/cm2. Repeat this procedure by taking three more readings on a second bare substrate area of the same substrate covered with the NIST SRM. Compute the correction value for each substrate type where XRF readings indicate substrate correction is needed by computing the average of all six readings as shown below. For each substrate type(the 1.02 mg/cm2 NIST SRM is shown in this example;use the actual lead loading of the NIST SRM used for substrate correction): Correction value=(1st.+2nd +3rd+4s'+5th+6(h Reading)I ro- 1,02 mglcm2 Repeat this procedure for each substrate requiring substrate correction in the house or housing development. EVALUATING THE QUALITY OF XRF TESTING: Randomly select ten testing combinations for retesting from each house or from two randomly selected units in multifamily housing. Use either the Quick Mode or 30-second equivalent standard(Time Corrected) Mode readings. RMO LPA-1, PCS Edition 5 Page 3 of 4 Conduct XRF re-lasting at the ten testing combinations selected for retesting. Determine If the XRF testing In the units or house passed or failed the test by applying the steps below. Compute the Retest Tolerance Limit by the following steps: Determine XRF results for the original and retest XRF readings. Do not correct the original or retest results for substrate bias. In single-family and multl-famlly housing, a result Is defined as a single reading. Therefore,there will be ten original and ten retest XRF results for each house or for the two selected units. Calculate the average of the original XRF result and retest XRF result for each testing combination, Square the average for each testing combination. Add the.ten squared averages together. Call this quantity C. Multiply the number C by 0.0072.Call this quantity D. Add the number 0.032 to D. Call this quantity E. Take the square root of E. Call this quantity F. Multiply F by 1.645.The result is the Retest Tolerance Limit. Compute the average of all ten original XRF results. Compute the average of all ten re-test XRF results. Find the absolute difference of the two averages. If the difference is less than the Retest Tolerance Limit,the inspection has passed the retest. If the difference of the overall averages equals or exceeds the Retest Tolerance Limit,this procedure should be repeated with ten new testing combinations. If the difference of the overall averages is equal to or greater than the Retest Tolerance Limit a second time, then the inspection should be considered deficient. Use of this procedure is estimated to produce a spurious result approximately 1%of the time.That is, results of this procedure will call for further examination when no examination is warranted in approximately 1 out of 100 dwelling units tested. BIAS AND PRECISION: Do not use these bias and precision data to correct for substrate bias.These bias and precision data were computed without substrate correction from samples with reported laboratory results less than 4.0 Mg/CM2 lead. The data which were used to determine the bias and precision estimates given in the table below have the following properties. During the July 1995 testing, there were 15 test locations with a laboratory-reported result equal to or greater than 4.0 mg/cm2 lead. Of these,one 30-second standard mode reading was less than 1.0 mg/cm2 and none of the quick mode readings were less than 1.0 mg/cm2. The instrument that tested in July is representative of instruments sold or serviced after June 26, 1995. These data are for illustrative purposes only.Actual bias must be determined on the site. Results provided above already account for bias and precision. Bias and precision ranges are provided to show the variability found between machines of the same model. RMD LPA-1, PCS Edition 5 Page 4 of 4 304ECOND STANDARD 14100! SUBSTRATE BIAS(Mg/cm PRECISION°(m0/cm=) READING MEASURED AT � Brick 0.0 0.1 0.0 mg/cm, Concrete 0.0 0.1 Drywall 0.1 0.1 Metal 0.3 0.1 Plaster 0.1 0.1 Wood 0.0 0.1 a Brick 0.0 0.2 0.5 mg/'M Concrete 0.0 0.2 Drywall 0.0 0.2 Metal 0.2 0.2 Plaster 0.0 0.2 Wood 0.0 0.2 Brick 0.0 0.3 1.0 mg/cm� Concrete 0.0 0.3 Drywall 0.0 0.3 Metal 0.2 0.3 Plaster 0.0 0.3 Wood 0.01 0.3 Brick -0.1 0.4 2.0 mg/cmZ Concrete -0.1 0.4 Drywall -0.1 0.4 Metal 0.1 0.4 Plaster -0.1 0.4 Wood -0.1 0.4 'Precision at 1 standard deviation. CLASSIFICATION RESULTS: XRF results are classified as positive if they are greater than the upper boundary of the inconclusive range, and negative if they are less than the lower boundary of the inconclusive range, or inconclusive if in between. The inconclusive range includes both its'upper and lower bounds. Earlier editions of this XRF Performance Characteristics Sheet did not include both bounds of the inconclusive range as "inconclusive." While this edition of the Performance Characteristics Sheet uses a different system,the specific XRF readings that are considered positive, negative,or inconclusive for a given XRF model and substrate remain unchanged, so previous inspection results are not affected. DOCUMENTATION: An EPA document titled Methodology for XRF Performance Characteristic Sheets provides an explanation of the statistical methodology used to construct the data in the sheets,and provides empirical results from using the recommended inconclusive ranges or thresholds for specific XRF instruments. For a copy of this document call the National Lead Information Center Clearinghouse at 1-800-424-LEAD.A HUD document titled A Nonparametric Method for Estimating the 5th and 95th Percentile Curves of Variable-Time XRF Readings Based on Monotone Regression provides supplemental information on the methodology for variable-time XRF instruments.A copy of this document can be obtained from the HUD lead web site,www.hud.gov/ofriices/lead. This XRF Performance Characteristic Sheet was developed by QuanTech, Inc., under a contract from the U.S. Department of Housing and Urban Development(HUD). HUD has determined that the information provided here is acceptable when used as guidance in conjunction with Chapter 7, Lead-Based Paint Inspection, of HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. APPENDIX D 9.0 SITE PLANS 0 aR • - ♦V o 0 (D ' VI j ILI �. A � � 4 it JI - r � } �+ X Structure 1 (Samples 7- 12) r � S B Structure 3 Silo (Samples 21 -22) 88 HARSOP ROAD P0 R T'VY A S H,I i\I G T 0 IN 1: IN Y "1 105 0j Fx< (516) 944-9507 -i;.,! vPaVw.nyenvironm, en Ital.com INSPECTION FOR ASBESTOS-CONTAINING MATERIALS Performed at. SILLS FARM 70282170284 MAIN RD. GREENPORT, NY Performed for. ZEB ENVIRONMENTAL SOLUTIONS 188 WEST MONTAUK HIGHWAY HAMPTON BAYS, NY 11946 Prepared by: NEW YORK ENVIRONMENTAL & ANALYTICAL LABORATORIES, INC. 88 HARBOR ROAD PORT WASHINGTON, NEW YORK 11050 PROJECT NO. 45178 APRIL 8, 2016 TABLE OF CONTENTS 1.0 BACKGROUND 2.0 SCOPE OF WORK 3.0 SUMMARY OF INSPECTION RESULTS 4.0 INSPECTION RESULTS TABLE 5.0 CONCLUSIONS AND RECOMMENDATIONS 6.0 AREAS NOT ACCESSIBLE APPENDICES 7.0 APPENDIX A: Analytical Results and Chain of Custody 8.0 APPENDIX B: Personal Licenses 9.0 APPENDIX C: Laboratory Accreditations 10.0 APPENDIX D: Sample/ACM Location Drawings 1.0 BACKGROUND New York Environmental & Analytical Laboratories, Inc., has conducted an asbestos survey for the presence of asbestos-containing materials (ACM) at the following building: Location: Sill's Farm Address: 70282/70284 Main Rd. Greenport, NY Job #: 45178 The investigator and inspector responsible for this project Were: Kurt Bruno NYC Investigator# 109545 Exp.: 10/16 Kurt Bruno NYS Designer# 91-01492 Exp.: 10/16 Matthew Hartman NYS Inspector#15-18105 Exp.: 02/17 Site Visits: March 31, 2016 Report Date: April 5, 2016 Field Procedures and Analysis Methodology: Guidelines used for the inspection were established by the Environmental Protection Agency (EPA) in the Guidance for Controlling Asbestos Containing Materials in Buildings, Office of Pesticides and Toxic Substances, DOC #560/5-85-024, and 40 CFR Part 763,Asbestos Hazard Emergency Response Act (AHERA). Field information was organized as per the AHERA concept of homogenous area (HA). That is, suspect ACM with similar age, appearance, and texture was grouped together, sampled and assessed for condition. Bulk samples of suspect ACM were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and the National Emissions Standard for Hazardous Air Pollutants (NESHAPS). The New York State Department of Health has recently revised the PLM Stratified Point Counting Method. The new method, "Polarized Light Microscopy Methods for Identifying and Quantitating Asbestos in Bulk Samples" can be found as item 198.1 in the ELAP certification manual. The State of New York ELAP has determined that analysis of non-friable organically bound materials (NOB's) is not reliably performed by PLM. Therefore, if PLM yields negative results for a non-friable material, it must be confirmed by Transmission Electron Microscopy (TEM). All samples were initially analyzed by Polarized Light Microscopy. Samples which yielded a negative PLM result and which are classified as a "non-friable" material, were then re- analyzed utilizing Transmission Electron Microscopy methodology. 2.0 SCOPE OF WORK The areas inspected for asbestos-containing materials and which may be impacted by the renovation work are the following: 1. Structures 1, 2, 3 2. Silo 3. Main House The inspection was characterized by a close visual inspection of all accessible areas. Suspect materials found were sampled and inventoried for quantity, condition and friability. Materials examined included: - Structure 1 -White Wall Insulation - Structure 1 - Black Above Grade Flashing - Structure 1 - Gray Cementitious Wall Material Structure 1 - Gray Cinderblock Mortar Structure 1 - Cinderblock - Structure 1 - Gray Brick Mortar Structure 1 - Brick Structure 1 - Black Tar Paper Below Roofing Shingles Structure 1 - Red Bottom Layer Roofing Shingles - Structure 1 - Gray Top Layer Roofing Shingles - Structure 1 - Concrete Foundation - Structure 1 -Wood Walls - Structure 1 -Wooden Roof Deck - Structure 2 -White Wall Insulation - Structure 2 - Brown Stucco - Structure 2 - Black Tar On Stucco - Structure 2 - Gray Brick Mortar - Structure 2 - Brick - Structure 2 - Black Chimney Cleanout Flashing - Structure 2 - Gray Roofing Shingles - Structure 2 -Wall Plaster, Brown Coat - Structure 2 -Wall Plaster, White Coat - Structure 2 -White Ceiling Plaster - Structure 2 - Concrete Foundation - Structure 2 -Wood Walls - Structure 2 -Wooden Roof Deck - Structure 3 - Brown Fiber Wall Board - Structure 3 - Gray Cinderblock Mortar - Structure 3 - Cinderblock - Structure 3 - Black Tar Paper Under Roofing Shingles - Structure 3 - Red Bottom Layer Roofing Shingles - Structure 3 - Green Middle Layer Roofing Shingles - Structure 3 - Gray Top Layer Roofing Shingles - Structure 3 - Concrete Foundation - Structure 3 -Wood Walls - Structure 3 -Wooden Roof Deck - Silo - Black Tar on Exterior of Silo - Silo - Concrete Walls - Main House, Exterior Facade - Gray Brick Mortar - Main House, Exterior Fagade - Brick - Main House, Exterior Facade - Brown Door Caulking - Main House Exterior-Wood Clapboard Siding Under Vinyl Siding - Main House Exterior- Vinyl Siding - Main House,"Roof- Red Bottom Layer Shingles - Main House, Roof- Black Tar In Between Bottom And Top Layer Shingles - Main House, Roof- Gray Top Layer Shingles - Main House, Basement - Gray Cinderblock Mortar - Main House, Basement - Cinderblock - Main House, Basement - Gray Flue Patch - Main House, Basement and Assumed to be Enclosed in Walls Throughout House - Thermal System Aircell Pipe Insulation, - Main House, Basement - Gray Mudded Joint To Pipe Insulation - Main House, Basement - No Suspect Boiler Insulation Observed - Main House, Basement - Concrete Floor - Main House, 1 st Floor, Kitchen - Black Mastic To 12x12 Vinyl Floor Tiles - Main House, 1st Floor, Kitchen - Bei;ge 12x12 Vinyl Floor Tiles - Main House, 1 st Floor, Kitchen - Yellow Mastic To Masonite Wall Panel - Main House, 1st Floor, Kitchen - Brown Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Gray Metal Sink Undercoating - Main House, 1 st Floor, Bathroom - Beige Self Glue 12x12 Floor Tiles - Main House, 1st Floor, Bathroom, Shower- Gray Mortar To Ceramic Floor Tiles - Main House, 1 st Floor, Bathroom, ,Shower- Gray Grout To Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Wall Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Wall Tile - Main House, 1 st Floor, Bathroom, Shower- Ceramic Wall Tile - Main House, Throughout - Nylon/Plastic Coated Wire Insulation - Main House, Throughout - No Suspect Window Caulking/ Glazing Observed - Main House, Throughout -Wooden Doors - Main House, Throughout - No Suspect Wall Insulation Observed 1 - Main House, Throughout - Concrete Foundation - Main House, Throughout -Wood Walls - Main House, Throughout -Wood Floors i - Main House, Throughout-Wooden Roof Deck - Main House, 2nd Floor, Bathroom -White Tub Caulking - Main House, Throughout -White Joint Compound To Sheetrock - Main House, Throughout- Gray Sheetrock 3.0 SUMMARY OF INSPECTION RESULTS The asbestos inspectiori was conducted on March 31, 2016 and involved a thorough visual examination of all areas and sampling of suspect materials. Laboratory analysis confirmed the presence of asbestos in the amount greater than 1% within the samples collected from the following material: - Structure 2 - Black Tar On Stucco J - Structure 2 - Black Chimney Cleanout Flashing - Silo - Black Tar on Exterior of Silo - - Main House, Basement- Gray Flue Patch - Main House, Basement and Assumed to be Enclosed in Walls Throughout House - Thermal System Aircell Pipe Insulation, - Main House, Basement- Gray Mudded Joint To Pipe Insulation Trace amounts (<11%) or no-asbestos were detected in the samples collected from the following materials. - Structure 1 -White Wall Insulation - Structure 1 - Black Above Grade Flashing - Structure 1 - Gray Cementitious Wall Material - Structure 1 - Gray Cinderblock Mortar - Structure 1 - Gray Brick Mortar - Structure 1 - Black Tar Paper Below Roofing Shingles - Structure 1 - Red Bottom Layer Roofing Shingles - Structure 1 - Gray Top Layer Roofing Shingles - Structure 2 -White Wall Insulation - Structure 2 - Brown Stucco - Structure 2 - Gray Brick Mortar - Structure 2 - Gray Roofing Shingles - Structure 2 -Wall Plaster, Brown,Coat - Structure 2 -Wall Plaster, White Coat - Structure 2 -White Ceiling Plaster - Structure 3 - Brown Fiber Wall Board - Structure 3 - Gray Cinderblock Mortar - Structure 3 - Black Tar Paper Under Roofing Shingles - Structure 3 - Red Bottom Layer Roofing Shingles i - Structure 3 - Green Middle Layer Roofing Shingles - Structure 3 - Gray Top Layer Roofing Shingles - Main House, Exterior Facade - Gray Brick Mortar - Main House, Exterior Fagade - Brown Door Caulking - Main House, Roof- Red Bottom Layer Shingles - Main House, Roof- Black Tar In Between Bottom And Top Layer Shingles - Main House, Roof- Gray Top Layer Shingles - Main House, Basement - Gray Cinderblock Mortar - Main House, 1 st Floor, Kitchen - Black Mastic To 12x12 Vinyl Floor Tiles - Main House, 1 st Floor, Kitchen - Beige 12x12 Vinyl Floor Tiles - Main House, 1st Floor, Kitchen - Yellow Mastic To Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Brown Masonite Wall Panel - Main House, 1st Floor, Kitchen - Gray Metal Sink Undercoating - Main House, 1st Floor, Bathroom - Beige Self Glue 12x12 Floor Tiles - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Floor Tiles Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Floor Tile - Main House, 1st Floor, Bathroom, Shower- Gray Mortar To Ceramic Wall Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Wall Tile Main House, 2nd Floor, Bathroom -White Tub Caulking - Main House, Throughout -White Joint Compound To Sheetrock Main House, Throughout - Gray Sheetrock The following materials were found to be non-suspect. - Structure 1 - Cinderblock - Structure 1 - Brick - Structure 1 - Concrete Foundation - Structure 1 -Wood Walls - Structure 1 -Wooden Roof Deck Structure 2 - Brick Structure 2 - Concrete Foundation Structure 2 -Wood Walls Structure 2 -Wooden Roof Deck - Structure 3 - Cinderblock Structure 3 - Concrete Foundation Structure 3 -Wood Walls Structure 3 -Wooden Roof Deck - Silo - Concrete Walls Main House, Exterior Facade Brick - Main House Exterior- Wood Clapboard Siding Under Vinyl Siding - Main House Exterior - Vinyl Siding - Main House, Basement - Cinderblock - Main House, Basement- No Suspect Boiler Insulation Observed - Main House, Basement - Concrete Floor - Main House, 1 st Floor, Bathroom, Shower" Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Ceramic Wall Tile - Main House, Throughout - Nylon/Plastic Coated Wire Insulation - Main House, Throughout - No Suspect Window Caulking/ Glazing Observed - Main House, Throughout -Wooden Doors - Main House, Throughout- No Suspect Wall Insulation Observed - Main House, Throughout- Concrete Foundation - Main House, Throughout -Wood Walls - Main House, Throughout-Wood Floors - Main House, Throughout -Wooden Roof Deck 4.0 INSPECTION RESULTS Proposed Work: Homogenous Location Material No. Of Results ACM Quantity Notes Area No. Samples Demolition and removal of all buildings 1 Structure 1 White Wall Insulation 2 ND 0 2 Structure 1 Black Above Grade Flashing 2 ND 0 Gray Cementitious Wall 3 Structure 1 Material 2 ND 0 4 Structure 1 Gray Cinderblock Mortar 2 ND 0 4.1 Structure 1 Cinderblock 0 Not Suspect 0 Material 5 Structure 1 Gray Brick Mortar 2 ND 0 5.1 Structure 1 Brick 0 Not Suspect 0 Material 6 Structure 1 Black Tar Paper Below 2 ND 0 Roofing Shingles 6.1 Structure 1 Red Bottom Layer Roofing 2 ND 0 Shingles 6.2 Structure 1 Gray Top Layer Roofing 2 ND 0 Shingles 33 Structure 1 Concrete Foundation 0 Not Suspect 0 Material 34 Structure 1 Wood Walls 0 Not Suspect 0 Material 1 35 Structure 1 Wooden Roof Deck 0 Not Suspect 0 Material Materials Concealed or 48 Structure 1 Unable to be Accessed 0 Assumed TBD See note 1 within Portions of Structure ACM that Is Collapsed 7 Structure 2 White Wall Insulation 2 ND 0 8 Structure 2 Brown Stucco 2 ND 0 8.1 Structure 2 Black Tar On Stucco 2 ACM TBD 9 Structure 2 Gray Brick Mortar 2 ND 0 9.1 Structure 2 Brick 0 Not Suspect 0 Material 10 Structure 2 Black Chimney Cleanout 2 ACM 2 SF Flashing 11 Structure 2 Gray Roofing Shingles 2 ND 0 12 Structure 2 Wall Plaster, Brown Coat 3 ND 0 12.1 Structure 2 Wall Plaster,White Coat 3 ND 0 13 Structure 2 White Ceiling Plaster 3 ND 0 36 Structure 2 Concrete Foundation 0 Not Suspect 0 Material 37 Structure 2 Wood Walls 0 Not Suspect 0 Material 38 Structure 2 Wooden Roof Deck 0 Not Suspect 0 Material Materials Concealed or 49 Structure 2 Unable to be Accessed 0 Assumed TBD See note 1 within Portions of Structure ACM that Is Collapsed 14 Structure 3 Brown Fiber Wall Board 2 ND 0 15 Structure 3 Gray Cinderblock Mortar 2 ND 0 15.1 Structure 3 Cinderblock 0 Not Suspect 0 Material 16 Structure 3 Black Tar Paper Under 2 ND 0 Roofing Shingles 16.1 Structure 3 Red Bottom Layer Roofing 2 ND 0 Shingles 16.2 Structure 3 Green Middle Layer Roofing 2 ND 0 Shingles 16.3 Structure 3 Gray Top Layer Roofing 2 ND 0 Shingles 39 Structure 3 Concrete Foundation 0 Not Suspect 0 Material 40 Structure 3 Wood Walls 0 Not Suspect 0 Material 41 Structure 3 Wooden Roof Deck 0 Not Suspect 0 Material 17 Silo Black Tar on Exterior of Silo 2 ACM 10 SF 50 Silo Concrete Walls 0 Not Suspect 0 Material 18 Main House, Gray Brick Mortar 2 ND 0 Exterior Facade 18.1 Main House, Brick 0 Not Suspect 0 Exterior Facade Material 19 Main House, Brown Door Caulking 2 ND 0 Exterior Fagade 51 Main House Exterior Wood Clapboard Siding 0 Not Suspect 0 Under Vinyl Siding Material 52 Main House Exterior Not Suspect 0 Vinyl Siding 0 Material 20 Main House, Roof Red Bottom Layer Shingles 2 ND 0 Black Tar In Between 20.1 Main House, Roof Bottom And Top Layer 2 ND 0 Shingles 20.2 Main House, Roof Gray Top Layer Shingles 2 ND 0 21 Main House, Gray Cinderblock Mortar 2 ND 0 Basement 21.1 Main House, Cinderblock 0 Not Suspect 0 Basement Material 22 Main House, Gray Flue Patch 2 ACM 2 SF Basement Main House, Basement and Thermal System Aircell Pipe 23 Assumed to be Insulation, 2 ACM 500 LF Enclosed in Walls Throughout House 24 Main House, Gray Mudded Joint To Pipe 2 ACM 20 SF Basement Insulation 53 Main House, Concrete Floor 0 Not Suspect 0 Basement Material, 25 Main House, 1st Black Mastic To 12x12 Vinyl 2 ND 0 Floor, Kitchen Floor Tiles 25.1 Main House, 1st Beige 12x12 Vinyl Floor 2 ND 0 Floor, Kitchen Tiles 26 Main House, 1st Yellow Mastic To Masonite 2 ND 0 Floor, Kitchen Wall Panel 26.1 Main House, 1st Brown Masonite Wall Panel 2 ND 0 Floor, Kitchen 27 Main House, 1st Gray Metal Sink 2 ND 0 Floor, Kitchen Undercoating 28 Main House, 1st Beige Self Glue 12x12 Floor ,2 ND 0 Floor, Bathroom Tiles Main House, 1st Gray Mortar To Ceramic 29 Floor, Bathroom, _ Floor Tiles 2 ND 0 Shower Main House, 1st Gray Grout To Ceramic 29.1 Floor, Bathroom, Floor Tile 2 ND 0 Shower Main House, 1st Not Suspect 42 Floor,Bathroom, Ceramic Floor Tile 0 Material 0 Shower Main House, 1st Gray Mortar To Ceramic 30 Floor,Bathroom, Wall Tile 2 ND 0 Shower Main House, 1st Gray Grout To Ceramic Wall 30.1 Floor,Bathroom, Tile 2 ND 0 Shower Main House, 1st Not Suspect 43 Floor,Bathroom, Ceramic Wall Tile 0 Material 0 Shower 52 Main House, Nylon/Plastic Coated Wire 0 Not Suspect 0 Throughout Insulation Material 54 Main House, Solid Wood Doors 0 Not Suspect 0 Throughout Material 44 Main House, No Suspect Wall Insulation 0 Not Suspect 0 Throughout Observed Material 45 Main House, :C�oncreteoundation 0 Not Suspect 0 Throughout Material 46 Main House, Wood Walls 0 Not Suspect 0 Throughout Material 55 Main House, Wood Floors 0 Not Suspect 0 Throughout Material 47 Main House, Wooden Roof Deck 0 Not Suspect 0 Throughout Material 31 Main House,2nd White Tub Caulking 2 ND 0 Floor, Bathroom 32 Main House, White Joint Compound To 2 ND 0 Throughout Sheetrock 32.1 Main House, Gray Sheetrock 2 ND 0 Throughout ACM =Asbestos Containing Material Non ACM = No asbestos detected TBD =To be determined Note 1: This material was assumed ACM because the material could only be accessed for sampling. All assumed materials shall be sampled and analyzed for asbestos content prior to abatement. 5.0 CONCLUSIONS AND RECOMMENDATIONS Asbestos-containing materials, which may be affected by the scope of work, have been positively identified at various locations throughout the building. In the event that the identified ACM is to be disturbed by the proposed renovation work, proper asbestos abatement procedures shall be;implemented prior to the commencement of such work. All asbestos abatement work shall be performed in accordance with all applicable Federal, State and local rules and regulations. The abatement project shall be filed with all agencies having jurisdiction over this project, such as USEPA and NYDEC. A licensed abatement contractor must perform the removal of all friable and non-friable ACM. New York Environmental&Analytical Laboratories, Inc., believes that the implementation of these recommendations will serve to best protect human health and the environment. This inspection was conducted solely for the (scope of work). If proposed work should change, additional samples may be necessary prior to any commencement of proposed work. To assure that the removal of the aforementioned ACM is properly and effectively carried out, the following recommendations are proposed by New York Environmental & Analytical Laboratories, Inc. A. Develop and implement a schedule that outlines the time frame for removal of asbestos- containing materials. B. Develop complete and concise specifications to effectively deal with removal of asbestos- containing material. These specifications should be developed to comply with all applicable Federal, State and Local regulations. C. Retain the service of an independent testing laboratory to monitor the quality of the air before, during and after the removal work. Retain all documentation and correspondence from the removal contractor, the testing laboratory and related items in a permanent record. 6.0 AREAS NOT ACCESSIBLE New York Environmental & Analytical Laboratories, Inc. inspected and sampled materials, which were observable and accessible to the survey team. It is possible, however, that additional suspect ACM may exist under concealed spaces, which were not accessible without using destructive means. Any materials that have not been tested and/or found asbestos positive must be assumed ACM. APPENDIX A 7.0 ANALYTICAL RESULTS AND CHAIN OF CUSTODY CERTIFICATES OF ANALYSIS LABORATORY RESULTS HA NO. Sample' Lab ID No. Location Material PLM Result PLM-NOB TEM-NOB No. %Asbestos %Asbestos %Asbestos 1 1 14168-1 Structure 1 White Wall None Detected --- --- Insulation 1 2 14168-2 Structure 1 White Wall None Detected --- --- Insulation 2 3 14168-3 Structure 1 Black Above Grade ___ None Detected None Detected Flashing 2 4 14168-4 Structure 1 Black Above Grade ___ None Detected None Detected Flashing 3 5 14168-5 Structure 1 Gray Cementitious None Detected --- --- Wall Material 3 6 14168-6 Structure 1 Gray Cementitious None Detected --- --- Wall Material 4 7 14168-7 Structure 1 Gray Cinderblock None Detected --- --- Mortar 4 8 14168-8 Structure 1 Gray Cinderblock None Detected --- --- Mortar 5 9 14168-9 Structure 1 Gray Brick Mortar None Detected --- --- 5 10 14168-10 Structure 1 Gray Brick Mortar None Detected --- --- Black Tar Paper 6 11 14168-11 Structure 1 Below Roofing -- None Detected None Detected Shingles Black Tar Paper 6 12 14168-12 Structure 1 Below Roofing --- None Detected None Detected Shingles 6.1 13 14168-13 Structure 1 Red Bottom Layer __- None Detected None Detected Roofing Shingles 6.1 14 14168-14 Structure 1 Red Bottom Layer None Detected None Detected Roofing Shingles 6.2 15 14168-15 Structure 1 Gray Top Layer ___ None Detected None Detected Roofing Shingles 6.2 16 14168-16 Structure 1 Gray Top Layer _-_ None Detected None Detected Roofing Shingles 7 17 14168-17 Structure 2 White Wall None Detected --- --- Insulation 7 18 14168-18 Structure 2 White Wall None Detected --- Insulation 8 19 14168-19 Structure 2 Brown Stucco None Detected --- --- 8 20 14168-20 Structure 2 Brown Stucco None Detected --- 8.1 21 14168-21 Structure 2 Black Flashing On _-_ 11% Chrysotile Not Analyzed Stucco 8.1 22 14168-22 Structure 2 Black Flashing On __- Not Analyzed Not Analyzed Stucco 9 23 14168-23 Structure 2 Gray Brick Mortar None Detected --- --- 9 24 14168-24 Structure 2 Gray Brick Mortar None Detected --- --- 10 25 14168-25 Structure 2 Black Chimney --- 14% Chrysotile Not Analyzed Flashing 10 26 14168-26 Structure 2 Black Chimney --- Not Analyzed Not Analyzed Flashing 11 27 14168-27 Structure 2 Gray Roofing --- None Detected None Detected Shingles 11 28 14168-28 Structure 2 Gray Roofing --- None Detected None Detected Shingles 12 29 14168-29 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12 30 14168-30 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12 31 14168-31 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12.1 32 14168-32 Structure 2 Wall Plaster,White None Detected --- --- Coat 12.1 33 14168-33 Structure 2 Wall Plaster,White None Detected --- --- Coat 12.1 34 14168-34 Structure 2 Wall Plaster,White None Detected --- --- Coat 13 35 14168-35 Structure 2 White Ceiling None Detected --- Plaster 13 36 14168-36 Structure 2 White Ceiling None Detected --- --- Plaster 13 37 14168-37 Structure 2 White Ceiling None Detected --- --- Plaster 14 38 14168-38 Structure 3 Brown Fiber Wall None Detected --- --- Board 14 39 14168-39 Structure 3 Brown Fiber Wall None Detected --- --- Board 15 40 14168-40 Structure 3 Gray Cinderblock None Detected --- Mortar 15 41 14168-41 Structure 3 Gray Cinderblock None Detected --- --- Mortar Black Tar Paper 16 42 14168-42 Structure 3 Under Roofing, --- None Detected None Detected Shingles Black Tar Paper 16 43 14168-43 Structure 3 Under Roofing --- None Detected None Detected Shingles 16.1 44 14168-44 Structure 3 Red Bottom Layer --- None Detected None Detected Roofing Shingles 16.1 45 14168-45 Structure 3 Red Bottom Layer --- None Detected None Detected Roofing Shingles 16.2 46 14168-46 Structure 3 Green Middle Layer --- None Detected None Detected Roofing Shingles 16.2 47 14168-47 Structure 3 Green Middle Layer --- None Detected None Detected Roofing Shingles 16.3 48 14168-48 Structure 3 Gray Top Layer --- None Detected None Detected Roofing Shingles 16.3 F49 14168-49 Structure 3 Gray Top Layer _-- None Detected None Detected Roofing Shingles 17 50 14168-50 Silo Black Side Flashing --- 9.9% Not Analyzed Chrysotile 17 51 14168-51 Silo Black Side Flashing --- Not Analyzed Not Analyzed 18 52 14168-52 Main House, Gray Brick Mortar None Detected --- --- Exterior Facade 18 53 14168-53 Main House, Gray Brick Mortar None Detected --- --- Exterior Facade 19 54 14168-54 Main House, Brown Door ___ None Detected None Detected Exterior Facade Caulking 19 55 14168-55 Main House, Brown Door Exterior Facade Caulking ___ None Detected None Detected 20 56 14168-56 Main House, Roof Red Bottom Layer --- None Detected None Detected Shingles 20 57 14168-57 Main House, Roof Red Bottom Layer --- None Detected None Detected Shingles Black Tar In 20.1 58 14168-58 Main House, Roof Between Bottom ___ None Detected None Detected And Top Layer Shingles Black Tar In 20.1 59 14168-59 Main House, Roof Between Bottom -__ None Detected None Detected And Top Layer Shingles 20.2 60 14168-60 Main House, Roof Gray Top Layer None Detected None Detected Shingles 20.2 61 14168-61 Main House, Roof Gray Top Layer --_ None Detected None Detected Shingles 21E64 14168-62 Main House, Gray Cinderblock None Detected --- --- Basement Mortar 2114168-63 Main House, Gray Cinderblock None Detected -- --- Basement Mortar 2214168-64 Main House, Gray Flue Patch 2.5% --- --- Basement Chrysotile 22 65 14168-65 Main House, Gray Flue Patch Not Analyzed --- --- Basement 23 66 14168-66 Main House Gray Pipe 30% Chrysotile --- --- Insulation 23 67 14168-67 Main House Gray Pipe Not Analyzed --- --- Insulation Main House, Gray Mudded Joint 25% Chrysotile 24 68 14168-68 Basement To Pipe Insulation ry Main House, Gray Mudded Joint Not Analyzed 24 69 14168-69 Basement To Pipe Insulation y Main House, 1st Black Mastic To 25 70 14168-70 Floor, Kitchen 12x12 Vinyl Floor --- None Detected None Detected Tiles Main House, 1st Black Mastic To 25 71 14168-71 Floor, Kitchen 12x12 Vinyl Floor --- None Detected None Detected Tiles 25.1 72 14168-72 Main House, 1st Beige 12x12 Vinyl --- None Detected None Detected Floor, Kitchen Floor Tiles 25.1 73 14168-73 Main House, 1st Beige 12x12 Vinyl ___ None Detected None Detected Floor, Kitchen Floor Tiles Main House, 1st Yellow Mastic To 26 74 14168-74 Floor, Kitchen Masonite Wall --- None Detected None Detected Panel Main House, 1st Yellow Mastic To 26 75 14168-75 Floor, Kitchen Masonite Wall --- None Detected None Detected Panel 26.1 76 14168-76 Main House, 1st Brown Masonite None Detected --- --- Floor, Kitchen Wall Panel 26.1 77 14168-77 Main House, 1st Brown Masonite None Detected --- Floor, Kitchen Wall Panel 27 78 14168-78 Main House, 1st Gray Metal Sink None Detected --- --- Floor Undercoating Main House, 1st Gray Metal Sink 27 79 14168-79 Floor Undercoating None Detected --- --- 28 80 14168-80 Main House, 1st Beige Self Glue None Detected None Detected Floor, Bathroom 12x12 Floor Tiles 28 81 14168-81 Main House, 1st Beige Self Glue --- None Detected None Detected Floor, Bathroom 12x12 Floor Tiles Main House, 1st Gray Mortar To 29 82 14168-82 Floor, Bathroom, Ceramic Floor Tiles None Detected --- --- Shower Main House, 1st Gray Mortar To 29 83 14168-83 Floor, Bathroom, Ceramic Floor Tiles None Detected --- --- Shower Main House, 1st Gray Grout To 29.1 84 14168-84 Floor, Bathroom, Ceramic Floor Tile None Detected --- --- Shower Main House, 1st Gray Grout To 29.1 85 14168-85 Floor, Bathroom, Ceramic Floor Tile None Detected --- --- Shower Main House, 1st Gray Mortar To 30 86 14168-86 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1st Gray Mortar To 30 87 14168-87 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1st Gray Grout To 30.1 88 14168-88 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1st Gray Grout To 30.1 89 14168-89 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower 31 90 14168-90 Main House, 2nd White Tub Caulking --- None Detected None Detected Floor, Bathroom 31 91 14168-91 Main House, 2nd White Tub Caulking --- None Detected None Detected Floor, Bathroom Main House, White Joint 32 92 14168-92 Throughout Compound To None Detected --- --- Sheetrock Main House, White Joint 32 93 14168-93 Throughout Compound To None Detected --- --- Sheetrock 32.1 94 14168-94 Main House, Gray Sheetrock None Detected --- --- Throughout F32.1 95 14168-95 Main House, Gray Sheetrock None Detected --- --- Throughout BATCH PLM PLM-NOB TEM-NOB PNA 14168 50 39 36 3 88 Harbor Road Port Washington, NY 11050 �1��C NEW YORK Tel. (516)944-9500 Fax(516) 944-9507 qJ fl 'i ce ENV'I90NMENTAL. www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:411/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-1 1 Structure 1;White Wall Insulation None Detected (100)Fiberglass 14168-2 2 Structure 1;White Wall Insulation r�- None Detected (100)Fiberglass 14168-3 3 Structure 1; Black Above Grade Flashing a None Detected Tar 14168-4 4 Structure 1;Black Above Grade Flashing None Detected Tar 14168-5 5 Structure 1;Gray Cementitious Wall Material None Detected Quartz,Gypsum,Calcite 14168-6 6 Structure 1;Gray Cementitious Wall Material ❑ None Detected Quartz,Gypsum,Calcite 14168-7 7 Structure 1;Gray Cinderblock Mortar None Detected Quartz,Calcite 14168-8 8 Structure 1;Gray Cinderblock Mortar n None Detected Quartz,Calcite 14168-9 9 Structure 1;Gray Brick Mortar None Detected Quartz,Calcite 14168-10 10 Structure 1;Gray Brick Mortar None Detected Quartz,Calcite Comment: Lab.Accreditation l / NVLAP Lab Code 101967-0 =-V (.. ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The aralyticat results contained within anis report relate oniy to the samples tested in the condition received by the laboratory This report must not be reproduced except;n its entirety unless-th the laodratory's wniten approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently.quantitative Transmission Electron Microscopy is the only method that can determine it NOB mate,gats can be corsidered or treated as non-asbestos containing Report #: 2161094 Page 1 of 10 88 Harbor Road Port Washington, NY 11050 NEW YORK Tel. (516) 944-9500 Fax(516) 944-9507 ENVIFRONMEN AL. www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282170284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-11 11 Structure 1; Black Tar Paper Below Roofing Shingles 0 None Detected (70)Cellulose,Tar 14168-12 12 Structure 1;Black Tar Paper Below Roofing Shingles None Detected (70)Cellulose,Tar 14168-13 13 Structure 1;Red Bottom Layer Roofing Shingles None Detected (3)Cellulose,Quartz,Tar 14168-14 14 Structure 1;Red Bottom Layer Roofing Shingles None Detected (3)Cellulose,Quartz,Tar 14168-15 15 Structure 1;Gray Top Layer Roofing Shingles None Detected (2)Fiberglass,Quartz,Tar 14168-16 16 Structure 1;Gray Top Layer Roofing Shingles 0 None Detected (2)Fiberglass,Quartz,Tar 14168-17 17 Structure 2;White Wall Insulation None Detected (100)Fiberglass 14168-18 18 Structure 2;White Wall Insulation None Detected (100)Fiberglass 14168-19 19 Structure 2;Brown Stucco None Detected Quartz,Gypsum,Calcite 14168-20 20 Structure 2;Brown Stucco None Detected Quartz,Gypsum,Calcite Comment: Lab.Accreditation / NVLAP Lab Code 101967-0 ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4782-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained vnlhin this report relate only to the samples vested in the condition received by the laboratory.This report must not be reproduced except:n its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(N06)materials are not reliably detected by Polarized Light Microscopy Currently.quantitative Transmission Electron Microscooy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 2 of 10 Illlllllllllllllllllllllllllllll111111111I IN 88 Harbor Road A� Port Washington, NY 11050 NEW YORK Tel. (516)944-9500 Fax(516) 944-9507 ENVIRONiVIENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, 1 Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui, City: Greenport, NY Date Sampled: 3/3112016 City/State/Zip: Hampton Bays NY 11946 Date Received:41112016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-21 21 Structure 2;Black Flashing On Stucco 11%.Chrysotile Tar 14168-22 22 Structure 2;Black Flashing On Stucco Not Analyzed 14168-23 23 Structure 2;Gray Brick Mortar ❑ None Detected Quartz,Calcite 14168-24 24 Structure 2;Gray Brick Mortar rEi None Detected Quartz,Calcite 14168-25 25 Structure 2;Black Chimney Flashing 14% Chrysotile Tar 14168-26 26 Structure 2;Black Chimney Flashing EVj Not Analyzed 14168-27 27 Structure 2;Gray Roofing Shingles Evi None Detected (3)Cellulose,Quartz,Tar 14168-28 28 Structure 2;Gray Roofing Shingles None Detected (3)Cellulase,Quartz,Tar 14168-29 29 Structure 2;Wall Plaster,Brown Coat Ei None Detected Quartz,Gypsum 14168-30 30 Structure 2;Wall Plaster,Brown Coat None Detected Quartz,Gypsum Comment: Lab.Accreditation NVLAP Lab Code 101967-0 - ELAP#: 11510 Test Method - L. Tsang Li Tsang, L EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not be reproduced except in its entirety unless with the lacoratory's written approval Asbestos fibers in non-friable organically bound(N00)materials are not reliably detected by Polarized Ligr.t Microscopy Currently quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as nor.-asbestos containing Report #e 2161094 Page 3 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 n/C NEW YORK Tel. (516)944-9500 Fax(516) 944-9507 �a ENVIf�— CI�i;VIENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282170284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:412/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %,OF ASBESTOS OTHER MATERIAL 14168-31 31 Structure 2;Wall Plaster,Brown Coat None Detected Quartz,Gypsum 14168-32 32 Structure 2;Wall Plaster,White Coat None Detected Calcite 14168-33 33 Structure 2;Wall Plaster,White Coat ❑ None Detected Calcite 14168-34 34 Structure 2;Wall Plaster,White Coat None Detected Calcite 14168-35 35 Structure 2;White Ceiling Plaster ❑ None Detected Calcite 14168-36 36 Structure 2;White Ceiling Plaster None Detected Calcite 14168-37 37 Structure 2;White Ceiling Plaster ❑ None Detected Calcite 14168-38 38 Structure 3;Brown Fiber Wall Board None Detected (100)Cellulose 14168-39 39 Structure 3;Brown Fiber Wall Board None Detected (100)Cellulose 14168-40 40 Structure 3;Gray Cinderblock Mortar ❑ None Detected Quartz,Calcite Comment: - Lab.Accreditation l / NVLAP Lab Code 101967-0 ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained wttnin this report relate only to the samples tested in the condition received oy the laboratory This report must not be reproduced except in ds entirely unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy currently quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 4 of 10 Illllllllllllllllllllllllllllllllllllllllllll 88 Harbor Road Port Washington, NY 11050 nl�/C NEW YORK Tel. (516)944-9500 Fax(516)944-9507 ENVIRONMENTAL www.nyenvironmental.com LPLIVI ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman, Date oungman- Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-41 41 Structure 3;Gray Cinderblock Mortar None Detected Quartz,Calcite 14168-42 42 Structure 3;Black Tar Paper Under Roofing Shingles None Detected (70)Cellulose,Tar 14168-43 43 Structure 3;Black Tar Paper Under Roofing Shingles None Detected (70)Cellulose,Tar 14168-44 44 Structure 3;Red Bottom Layer Roofing Shingles 0 None Detected (3)Fiberglass,Quartz,Tar 14168-45 45 Structure 3;Red Bottom Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-46 46 Structure 3;Green Middle Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-47 47 Structure 3;Green Middle Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-48 48 Structure 3;Gray Top Layer Roofing Shingles None Detected (3)Fiberglass, Quartz,Tar 14168-49 49 Structure 3;Gray Top Layer Roofing Shingles a None Detected (3)Fiberglass,Quartz.Tar 14168-50 50 Silo;Black Side Flashing 0 9.9% Chrysotile Tar Comment: Lab.Accreditation NVLAP Lab Code 101967-0 - ELAP#: 11510 �f Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples t=-sled in the condition received by the laboratory This report must not be reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently auantitahve Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asoeslos containing Report #: 2161094 Page 5 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 n� NEW YOLK Tel. (516)944-9500 Fax(516)944-9507 { P EN`JI9. 0NiVIENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received-.4/1/2016 Phone/Fax: Date Analyzed:4/212016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-51 51 Silo;Black Side Flashing FIA Not Analyzed 14168-52 52 Main House,Exterior Facade;Gray Brick Mortar ❑ None Detected Quartz,Calcite 14168-53 53 Main House,Exterior Facade;Gray Brick Mortar None Detected Quartz,Calcite 14168-54 54 Main House,Exterior Facade;Brown Door Caulking None Detected Caulking 14168-55 55 Main House,Exterior Facade;Brown Door CaulkingNone Detected Caulking 14168-56 56 Main House,Roof;Red Bottom Layer Shingles None Detected (3)Cellulose,Quartz,Tar 14168-57 57 Main House,Roof;Red Bottom Layer Shingles None Detected (3)Cellulose,Quartz,Tar 14168-58 58 Main House,Roof;Black Tar In Between Bottom And Top None Detected (3)Cellulose,Quartz,Tar Layer Shingles 14168-59 59 Main House,Roof;Black Tar In Between Bottom And Top None Detected (3)Cellulose,Quartz,Tar Layer Shingles 14168-60 60 Main House,Roof;Gray Top Layer Shingles C None Detected (3)Cellulose,Quartz,lar Comment: Lab. Accreditation NVLAP Lab Code 101967-0 ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laooratory This report must not be reproduced except in its entirely unless with the laboratory's wntten approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Lignt Microscopy currently quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as ron-asbestos containing Report #: 2161094 Page 6 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road NEW YORK Tel9 Port Washington, 50 . (516)944-9500 Fax(516) 944-9-9 507 ENVIiRONMENTA! www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO, SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-61 61 Main House,Roof;Gray Top Layer Shingles ❑z None Detected (3)Cellulose,Quartz,Tar 14168-62 62 Main House,Basement;Gray Cinderblock Mortar ❑ None Detected Quartz,Calcite 14168-63 63 Main House,Basement;Gray Cinderblock Mortar None Detected Quartz,Calcite 14168-64 64 Main House,Basement;Gray Flue Patch 2.5% Chrysotile Gypsum,Calcite 14168-65 65 Main House,Basement;Gray Flue Patch Not Analyzed. 14168-66 66 Main House;Gray Pipe Insulation E] 30% Chrysotile (20)Cellulose,Gypsum 14168-67 67 Main House,Gray Pipe Insulation ❑ Not Analyzed 14168-68 68 Main House,Basement:Gray Mudded Joint To Pipe Insulation J 25% Chrysotile (20)Cellulose,Gypsum 14168-69 69 Main House,Basement;Gray Mudded Joint To Pipe Insulation Not Analyzed 14168-70 70 Main House, 1st Floor,Kitchen:Black Mastic To 12x12 Vinyl None Detected Binding Material Floor Tiles Comment: Lab.Accreditation l / NVLAP Lab Code 101967-0 ELAP#: 11510 G Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not be reproduced except in its entirely unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently quantitative Transmission Electror Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 7 of 10 , 88 Harbor Road Port Washington, NY 11050 n� NEW YORK Tel. (516) 944-9500 Fax (516) 944-9507 ENVIF30N MEN i AL www.nyenvironmental.com PLM ANALYTICAL REPORT Project information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:411/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-71 71 Main House,1st Floor, Kitchen;Black Mastic To 12x12 Vinyl None Detected Binding Material Floor Tiles 14168-72 72 Main House,1st Floor,Kitchen;Beige 12x12 Vinyl Floor Tiles None Detected Quartz,Calcite,Vinyl 14168-73 73 Main House,1st Floor,Kitchen;Beige 12x12 Vinyl Floor Tiles None Detected Quartz,Calcite,Vinyl 14168-74 74 Main House,1st Floor,Kitchen;Yellow Mastic To Masonite None Detected Binding Material Wall Panel 14168-75 75 Main House,1st Floor,Kitchen;Yellow Mastic To Masonite Q None Detected Binding Material Wall Panel 14168-76 76 Main House,1st Floor,Kitchen;Brown Masonite Wall Panel None Detected (100)Cellulose 14168-77 77 Main House,1st Floor, Kitchen;Brown Masonite Wall Panel None Detected (100)Cellulose i 14168-78 78 Main House,1st Floor;Gray Metal Sink Undercoating None Detected Quartz,Gypsum 14168-79 79 Main House,1st Floor;Gray Metal Sink Undercoating None Detected Quartz,Gypsum 14 80 j 80 Main House,1st Floor, Bathroom;Beige Self Glue 12x12 Floor a None Detected Quartz,Calcite,Vinyl Tiles Comment: Lab. Accreditation NVLAP Lab Code 101967-0 / ELAP #: 11510 ✓ GI Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirely unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microsccpy.Currently quantitative Transmission Electron Microscopy is the only method tnat car.determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 8 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road NEW YORK Tel9 Port Washington, 50 . (516) 944-9500 Fax(516) 944-9-9 507 I ENVIRONMENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, Street: 70282170284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:41412016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-81 81 Main House,1st Floor,Bathroom;Beige Self Glue 12x12 Floor , None Detected Quartz,Calcite,Vinyl Tiles 14168-82 82 Main House,1st Floor,Bathroom,Shower;Gray Mortar To GI None Detected Quartz,Calcite Ceramic Floor Tiles 14168-83 83 Main House,l st Floor,Bathroom,Shower;Gray Mortar To ❑ None Detected Quartz,Calcite Ceramic Floor Tiles 14168-84 84 Main House,1st Floor, Bathroom,Shower;Gray Grout ToNone Detected Gypsum Ceramic Floor Tile 14168-85 85 Main House,1st Floor,Bathroom,Shower;Gray Grout To ❑ None Detected Gypsum Ceramic Floor Tile 14168-86 86 Main House,1st Floor,Bathroom,Shower;Gray Mortar To Ei None Detected Quartz,Calcite Ceramic Wall Tile 14168-87 87 Main House,1st Floor, Bathroom,Shower;Gray Mortar To ❑ None Detected Quartz,Calcite Ceramic Wall Tile 14168-88 88 Main House, 1st Floor,Bathroom,Shower;Gray Grout To None Detected Gypsum Ceramic Wall Tile `- 14168-89 89 Main House,1st Floor, Bathroom,Shower;Gray Grout To None Detected Gypsum Ceramic Wall Tile 14168-90 90 Main House,2nd Floor,Bathroom;White Tub Caulking J None Detected Caulking Comment: Lab.Accreditation NVLAP Lab Code 101967-0 �-} ELAP#: 11510 / Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item 198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not be reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently quantitative Transmission Electron Microscopy is the only method that can determine If NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 9 of 10 III�IIIIII�IIIII�III�IIIIIII'IIIIIIII'I�IIIII 88 Harbor Road Port Washington, NY 11050 NEW YORK Tel. (516) 944-9500 Fax (516) 944-9507 ENVIRONMENTAL vwvw.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name:, ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/11/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULFNone LAB NO. SAMPLE NO. SAMPLE LOCATION NOBESTOS OTHER MATERIAL 14168-91 91 Main House,2nd Floor,Bathroom;White Tub Caulking tected Caulking 14168-92 92 Main House,Throughout;White Joint Compound To Sheetrock ❑ None Detected Gypsum 14168-93 93 Main House,Throughout;White Joint Compound To Sheetrock 17� None Detected Gypsum 14168-94 94 Main House,Throughout,Gray Sheetrock El None Detected (10)Cellulose,Gypsum 14168-95 95 Main House,Throughout;Gray Sheetrock E] None Detected (10)Cellulose,Gypsum Comment: Lab. Accreditation NVLAP Lab Code 101967-0 s ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only Ic the samples tested in the condition received by the iaboratory This report must not be reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOS)materials are not reliably detected by Polarized Light lvticrosccpy Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 10 of 10 Ilillllllllllllllllllllllllllllillllllllllll KAM CONSULTANTS 35-40 36th Street Long Island City ;1 • New York, 11106 QUAN'T'ITATIVE ANALYSIS REPORT Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u l t a n t s Fax:(718)729-1876 Transmission_Electron Microscopy CLIENT: NEW YORK ENVIRONMENTAL& ANALYTICAL LABORA-romES, INC. BUILDING ADDRESS: 70282/70284 Main ltd. PROJECT: 7EB ENVIRONMENTAL SOLUTIONS, INC.-45178 Sample Description Sample Client NYE. Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type ID# N/A N/A 3 14168-3 168676-1 2.7% ND N/A N/A 4 14168-4 168676-2 1.1% ND N/A N/A 11 14168-11 168676-3 2.1% ND N/A N/A 12 14168-12 168676-4 1.6% ND N/A N/A 13 14168-13 168676-5 41.4% ND N/A N/A 14 14168-14 168676-6 38.6% ND N/A N/A 15 14168-15 168676-7 62.4% ND N/A N/A 16 14168-16 168676-8 65.8% ND N/A N/A 27 14168-27 168676-9 51.4% ND N/A N/A 28 14168-28 168676-10 39.8% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 '7 r Analyst: - — Lab Manager: --- 7.hipu Zhang ` Mei Liu ITM Reporting Limit(RL)= 1% Test Method: 1--'LAI' 198.4 Analytical Quality Control Requirements were met for this set ol'samples. This report relates only to the items calibrated or tested. Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate ot'reporl shall not be reproduced without the approval()I'tile laboratory. This report trust not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. This report anitaiuS data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code: 102047-0 Page 1 of 4 KAM CONSULTANTS !' 35-40 36th Street Long Island City QUANTITATIVE ANALYSIS REPORT lNew York, 11106 +iiTel: (718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u l t a n t s Fax:(718)729-1876 Transmission_ Electron,l0[icroscony- CLIENT: NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS, INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (1-lomogen. Material) Location Sample QC NO. 1D# (Percentage) Sample(Percentage) & Type ID# N/A N/A 42 14168-42 168676-11 5.4% ND N/A N/A 43 14168-43 168676-12 4.5% ND N/A N/A 44 14168-44 168676-13 43.4% ND N/A N/A 45 14168-45 168676-14 37.5% ND N/A N/A 46 14168-46 168676-15 31.3% ND N/A N/A 47 14168-47 168676-16 27.3% ND N/A N/A 48 14168-48 168676-17 25.7% ND N/A N/A 49 14168-49 168676-18 10.6% ND N/A N/A 54 14168-54 168676-19 55.0% ND N/A N/A 55 14168-55 168676-20 54.1% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 Analyst: ,� Lab Manager: -____-- Z[tiott Zhang, Mei Liu • 'fGM Reporting Limit(RL)= 1% 11'est Method: ELAP 198.4 • Analytical Quality Control Requirements were met lix this set ol'samples. • This report relates only to the items calibrated or tested. • Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. • ,I'his report must not be tiled by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code: 102047-0 Page 2 of 4 KAM CONSULTANTS 35-40 36th Street AIR Long Island City New York, 11108 Q UANTITATIVE ANALYSIS REPORT a„ Tel:(718)729-1997 ASBES'T'OS IN BULK MATERIAL c o n s u l t a n t s Fax:(718)729-1876 Transmission Electron Microscopy CLIENT: NEW YORK ENVIRONMENTAL& ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS, INC.-45178 Sam pie Description Sample Client NYE Lab Residue Total Asbestos on (1-lonlogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type ID# N/A N/A 56 14168-56 168676-21 50.5% ND N/A N/A 57 14168-57 168676-22 54.1% ND N/A N/A 58 14168-58 168676-23 42.8% ND N/A N/A 59 14168-59 168676-24 27.3% ND N/A N/A 60 14168-60 168676-25 33.3% ND N/A N/A 61 14168-61 168676-26 31.8% ND N/A N/A 70 14168-70 168676-27 78.9% ND N/A N/A 71 14168-71 168676-28 35.2% ND N/A N/A 72 14168-72 168676-29 65.6% ND N/A N/A 73 14168-73 168676-30 62.5% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 _ Date ofReport: 04/05/16 ---L- /C / -��9 Anal st: (� __--_ t� Lab Manager: L}li 1 Lllaflg Mei Liu • "EM Reporting Linlit(RI.)= 1% • Test Method: 1{LAP 198.4 Analytical Quality Control Requirements were mfet for this set osamples. • "phis report relates only to the items calibrated or tested. • Samples will be stored for ninety(90)days and then returned to the client Upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. 'Phis report must not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. - NYS-DOH ELAP#: 11273 NVLAP Lab Code: 102047-0 Page 3 of 4 KAM CONSULTANTS 35-40 36th Street Long Island City UANTITATIVE ANALYSIS REPORT New York, 11106 Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u l t a n t s Fax: 718 729-1876 Fax:(718) Transmission_Electron._Microscopy_ CLIENT: NEW YORK ENVIRONMENTAL& ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMEN'T'AL SOLU'T'IONS, INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type [D# N/A N/A 74 14168-74 168676-31 36.6% ND N/A N/A 75 14168-75 168676-32 32.1% ND N/A N/A 80 14168-80 168676-33 55.5% ND N/A N/A 81 14168-81 168676-34 59.0% ND N/A N/A 90 14168-90 168676-35 44.7% ND N/A N/A 91 14168-91 168676-36 47.1% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 Analyst: L----- C, Lab Manager: --- Zhi t Zhang Mei Liu • ['Em Reporting Limit(R l')= I% • "fest Method: FLAP 198.4 • Analytical Quality Control Requirements were incl for this set of samples. • This report relates only to the items calibrated or tested. Samples will be stored Im ninety(90)days and then returned to the client upon request. • 'I'lie certilicate of report shall not be reproduced without the approval of the laboratory. • "Phis report must not be used by the client to claun product,certilictation,approval or endorsement by NVLAI',NIST or any agency of the Federal Government. • This report contains data not covered by the NVI.AP accreditation. — NYS-DOH FLAP#: 11273 NVLAP Lab Code: 102047-0 Page 4 of 4 NEW YORK ENVIRONMENTAL 111111111111111111111111 N CHAIN OF CUSTODY FORM PAGE OF 1 88 Harbor Road 1 4 1 6 8 Port Washington, NY 11050 CLIENT DATE SAMPLED 1 G e l LVIV i r0t vin P.� rals u r 1 I 6 INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED C-( ( ( ( ( PROJECT MANAGER DATE ANALYZED TIME " (1,-/ 1 PROJECT NO. WORK LOCATION f ANALYS HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NiO. NO. NO. l 5 C4 L' V"I r' C+1� P � � �u l G`� �i'L r GilOG�1JP I A'p F4 I v RELINQUISHED(PRINT) DATE TIME SIGNATURE RECEIVED(P NT) DATE TIME SIGNAt'R Ma T k RELINQUISHED(PRINT) DATE I /� TIME SIGNATURE G �- ECEIVED PRINT) DATE TIME Sl NATURE NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE—�-_OF� 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION ( DATE SAMPLED) LV1Viro,lm ✓+ d INSPECTOR(S) PROJECT ADDRESS DATE RECE�E a� V � 1 � I+ ( Lf PROJECT MANAGER ��f Ft^ ��� � I � fL � DATE ANALYZED/ q TIME l �� L r l `9 PROJECT NO. WORK LOCATION JANALYST If3179 HA NYE QC SAMPLE NO. LOCATION t DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. J/ (ejkoi�'q LA � (� to%�k' �-�'� ,� �r IOU n � •�� (�.G v ► � RELINQUISHED (PRINT) DATE TIME SIGNATURE ECEIVED(PRINT) DATE TIME SIGN A U .0"� NATURE RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME S NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE � OF I( 88 Harbor Road Port Washington, NY 11050 CLIENT r� PROJECT LOCATION DATE SAMPLED INSPECTOR(S)�S) LVr r���Q.� fd� PROJECT ADDRESS ��� I5 U.T I� DATE RECEIVED PROJECT MANAGER ` DATE A ALYZED TIME �LA o f P FV+ o r't I L4L f VI-/ PROJECT NO. WORK LOCATION ANALYST ; HA NYE QC SAMPLE NO. LOCATION 1 DESCRIPTION WALL X Y COLOR PLM NOB TEM N0. NO. NO. l � how, G] G j\ OA or• 61 I v I 'MAP f fGSb�l� �is C RELINQUISHED (PRINT) DATE TIME SIGNATUR RECEIVED(PRINT) DATE TIME SIG A E RELINQUISHED(PRINT) DATE TIME SIGNATURE P.8t:EIVED (PIRINT) DATE TIME SIGNATUR NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE—q--OF U 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION (( I DATE SAMPLED �. / ✓1VIrq,��� 1 �a, J� IIS Farm _� / I INSP^^E��CTOR(S) PROJECT ADDRESS DATE RECEIVED J PROJECT MANAGER DATE ANAYZE�99 TIME PROJECT NO. WORK LOCATION ANALYST p � 1 �� c. HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. sN I I !' UIQ (�who U 35 3 9 J l � >S cI I('LAW _. RELINQUISHED (PRINT) DATE TIME SIGNATURE ECEIV;IFy�D(PRINT) DATE TIME SIGNA R DATE TIME SIGNATURE RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE _—� OF 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION DATE SAMPLED � Is For m '�) / . INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED .� � i (M, + k�w - r OA 7 0 J KA ryO W� Mel _•l 1 PROJECT MANAGER `` DATE-ANAYZED i TIM€ tr VTf Fln Dr�" �i PROJECT NO. ! WORK LOCATION ANALYST S 7 HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM _N0. NO. NO. I c fs �� C 1 n c^^( /Gc lMth � (a er u1jpj- tf,��l s41 10IV O'f IAA RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) DATE TIME SIG T E RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) DATE TIME SIGNATU E NEW YORK ENVIRONMENTAL IBULK SAMPLING CHAIN OF CUSTODY FORM PAGE 6 OF� 88 Harbor Road Port Washington, NY 11050 CLIENT I PROJECT LOCATION ( DATE SAMPLED INSPECTOR(S) PROJECT ADDRESS DATE RECEIVEq -t �, 7 v a 9� TOW LL 11 PROJECT MANAGER DATE A A YZED TIME '' t PROJECT NO. WORK LOCATION ANAL ST HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM INO. NO. NO. 111 c� �' b ✓' SLA VL' � �1 I /6 ''� ;OOT.AS�' I, 4 vi r. , c i 3 I I RELINQUISHED (PRINT) DATE TIME SIGNATURE E IVED(P T)hiT), DATE TIME SIGN U RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME S ATUR 1 NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE7OF 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION DATE SAMPLED 2F �. 6 INSPECTORS) PROJECT ADDRESS DATE RECEIVED PROJECT MANAGER ffII DATE NALYZED TIME `�t r CJ(P F V, 0 r-t l44 PROJECT NO. WORK LOCATION I ANALYST � S7 i HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. • 1 / eK4fur Fc,cFI 4I0fr lvvji/' �noL :pctC �0 fr (Oim la� f( j� i v 14 (A pr L,'v, " CAS � , ii 1 II II1 c� �� ,„ lnUGt �^uSQ► 4h C �nG(n �l�ol ' tend/ cA' RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) DATE TIMESIGN TTU VU , 1l,-4k°vJ lr w\ / I /1 RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) DATE TIME SIGNATUR NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE 9 OF 88 Harbor Road Port Washington, NY 11050 CLIENT )) ff�- PROJECT LOCATION ( DATE SAMPLED 24 G✓1Viro,lmQo �aj 5 � �5 —u!' J / L ) INSPECTOR(S) PROJECT ADDRESS DATE RECEIVE PROJECT MANAGER ! j DATE 44 A QLYZED TIME LA r' i V�? qj-j . cp_.1 [ t(� -,-y I + LTJ PROJECT NO. WORK LOCATION ANALY T HA NYE QC SAMPLE NO. LOCATION 1 DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. Lq F 1� Gt�Ct1 G I � I G Jv C( I J i4c l j d X a RELINQUISHED (PRINT) DATE TIME SIGNATURE R ED (PRINT) DATE DATE IME SIGN + M I I 1 / U,y (� I huq �vd - au . i RELINQUISHED (PRINT) DATE TIME 'SIGNATURE RECEIVED (PRINT) DATE TIME SIGNATU NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE -1 OF 88 Harbor Road Port Washington, NY 11050 CLIENT )) PROJECT LOCATION DATE SAMPLED LFIG� L✓lvir9,vin2 � �a� S•/ ex INSPECTOR(S) PROJECT ADDRESS DATE RECEIV�DJ ` PROJECT MANAGER DATE A ALYZED TIME r re ein d r'� 1 v PROJECT NO. WORK LOCATION ANAL T 7� ' HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. /44 n jc i,vr, l ai w2 O.I I Ot I / G W'j n '( I f7 Nor de ld RELINQUISHED(PRINT) DATE TIME SIGNATUREECEIVED(PRINT) !DATE TIME SIG A E ' EIVED( RIT) TIME SIGNAT ERELINQUISHED (PRINT) DATE TIME SIGNATURE NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE V OF� 88 Harbor Road Port Washington, NY 11050 CLIENT II__vi v L PROJECT LOCATION ( DATE SAMPLED I_ L INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED PROJECT MANAGER // DATE A ALYZED TIME . LA r r V f f F l^ D' � PROJECT NO. WORK LOCATION ANALYST 't fi l 3 HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. dd 1, C Of <1 "�ch cm � S IV L-c e •'6 r 1 u c 1k I F I 1 L� IJ C sfla.h:c V/a(II /e o RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEI D(P INlT) DATE TIME SIG T �, - l�a � �ar• w�• � lI 6 RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (PRINT) DATE TIME SIGNATURE' NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGEOF� 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATIONJJ( DATE SAMPLED vi v r 9 vi mQ v� �d� S f �Is u r VjJ .. INSPECTORS) PROJECT ADDRESS M DATE RECEIVED l ./ a++ k r y,/ I. I PROJECT MANAGER DATE A ALYZED TIME ��A r 1, ( vim PROJECT N0. WORK LOCATION ANAL ST 'tfii78 G- `7 HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. �0 06C r qlr ��� fir},ems , �e J I r J •t f C o 0A110GI vt bi r �t a LA RELINQUISHED (PRINT) DATE l TIME SIGNATURE RECEIVED(PRINT) qp DATE TIME SIG 6TU j �•�•�- RELINQUISHED (PRINT) DATE TIME SIGNATUR5 RECEIVED(PRINT) DATE TIME GNATURE 14168 Page I of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500 (P) 516-944-9507 (F) CHAIN OF CUSTODY FORM 168676 NOB SAMPLES BY TEM CLIENT : ZEB Environmental Solutions, Inc. TURNAROUND 0 RUSH TIME : 7, �1 DAY --------- 7 2 DAYS ; PROJECT : , 45178 'Z13 DAYS STREET: 70282170284 Main Rd. E] 5 DAYS ----REMARK-- EMA RK JSAMPLE NYE QC NO. RESIDUE Homogeneous Sample Group i NO. (% WT.) See Instruction Below 3 14168-3 2.7% 14168-4 4 IVO 11 14168-11 2.1% 1.6% 12 14168-12 13 14168-13 41.4% V0 14 14168-14 38.6% 15 14168-15 62.4% 14168-16 65.8% 16 21 14168-21 -7, 22 14168-22 25 14168-25 26 14168-26 ,,��' Analyze each homogeneous sample group until positive ❑ Analyze all samples RECEIVED RECEIVED DATE TIME TIME R DELIVERED DELIVERED DATE (PRINT) (PRINT) (SIGN) (S6NY tj 14168 Page 2 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507 (F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM i CLIENT : ZEB Environmental Solutions, Inc. TURNAROUND E] RUSH TIME : F7, 1DAY : PROJECT : :; 45178 E] 2 DAYS 3 DAYS STREET: 70282170284 Main Rd. 71 5 DAYS SAMPLE NYE QC NO. RESIDUE Homogeneous Sample Group REMARK (% WT.) NO. See Instruction Below) 27 14168-27 51.4% 777 28 14168-28 '39.8% 42 14168-42 5.4% -7 14168-43 43 4.5% -14 14168-44 43.4% 4514168-45 37.5% -4 14168-46 31.3% 46 47 14168-47 27.3% 14168-48 48 25.7% 49 14168-49 10.6% F1 50 14168-50 51 14168-51 ZAnalyze each homogeneous sample group until positive ❑ Analyze all samples DELIVERED DELIVERED DATE TIME RECEIVED RECEIVED DATE TIME (PRINT) (PRINT) (SIGN) 'Z ---'-- Page oof4 i 14168 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507(F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM ______ _____--____-_------------'-------'------�---1 �---'---�--T-------'-------Sm|-----oInc. TURNAROUND [� RUSH CLIENT : � ZEB Envinmmmnenrm/ � /uqn�` m ' ` TIME : 1 D/Yy � -______ _---'------------ —� � 2DAYS i � ; PROJECT : I 45178 ! 3 DAYS i ~_ . STREET: 70282/70284Main Rd. 7, 5OAyS | REMARK �ESIDUE Homogeneous Sample Group SAMPLE NYE QC NO. (% WT.) See Instruction Below) 14168-54 55.0% Aj 54 55 14168-55 14168-56 56 -57 14168 57 77 14168-bb 42.8% 58 59 14168-59 27.3% 14168-60 33.3% 60 14168-61 31.8% 70 14168-70 78.9% -14168-71 71 14168 72 14168-73 62.5% * Analyze each homogeneous sample group until positive Analyze -- '-- --- --- --� -- --- DATE TIME ----�---- '--- --- DELIVERED m=u o*Ts TIME RECEIVED R�s�o (PRINT) (SIGN) L ------- ---� - --- ---� ' ---�- ---'-- UN�NN�N �— 14168 Page 4 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507(F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM CLIENT : T ZEB Environmental Solutions, Inc. 1 TURNAROUND ❑' RUSH _ TIME : ❑ 1 DAY ' PROJECT --- - -45178 ------ --- ❑ 2 DAYS STREET: 70282170284 Main Rd. I ❑ 5 DAYS SAMPLE NYE QC NO. r RESIDUE Homogeneous Sample Group REMARK NO. (% WT.) ( *See Instruction Below) 74 14168-74 I 36.6% ' I '� -'i qtr.".-.,--I,-•_...�'-. .I. .;r'c - � /J 75 14168-75 32.1% 80 14168-80 55.5% 81 14168-81 I 59.0% 14168-90 90 44.7% 'a:` �: �� ;�:•:.=`�;' ''��� 71. 91 4168-91 47.1% * Analyze each homogeneous sample group until positive Analyze all samples DELIVERED DELIVERED DATE TIME RECEIVED RECEIVED DATE TIME (PRINT) n (SIGN (PRINT) (SIGN) r APPENDIX B 8.0 PERSONNEL LICENSES NY� PS6ESTCN 'Rf�l; � ' F ASB TCS �}2 FEEtC TE'. ,>I;rFFr`- 4,Xkr' atN ESTI GATURi 3 ,I S: 1U/1/201617 ; ' �.. :� a Vie_ _ ..'•'; IMI sly iV� "',klMAN �'�r_��r„'r"'r.',",.�.'�*::�,d 33"..��. :�4'rtt f.C_ ? isv�.'i��;`{�+,'�.�r"�%�::;• , Y f APPENDIX C 9.0 LABORATORY ACCRE®ITATIONS New York State—Department of Labor Division of Safety and Health License and Certificate,Unit State Campus,Building 12 Albany,NY 12240 ASBESTOS HANDLING LICENSE New York Environmental &Analytical Laboratories, Inc. FILE NUMBER: 99-0392 LICENSE NUMBER: 28656 88 Harbor Rd LICENSE CLASS: RESTRICTED DATE OF ISSUE: 04/10/2015 Port Washington, NY 11050 EXPIRATION DATE: 04/30/2016 Daly Authorized Representative—Li Tsang: This license has been issued in accordance with applicable provisions of Article 30 of the Labor Law of New York State and of the New York State Codes, Rules and Regulations(12 NYCRR Part 56). It is subject to suspension or revocation for a(1) serious violation of state, federal or local laws with regard to the conduct of an asbestos project, or(2)demonstrated lack of responsibility in the conduct of any job involving asbestos or asbestos material. .. This license is valid only for the contractor named above and this license or a photocopy must be prominently displayed at the asbestos project worksite. This license verifies that all persons employed by the licensee on an asbestos project in New York State have been issued an Asbestos Certificate,appropriate for the type of work they perform,by the New York State Department of Labor. Eileen M. Franko, Director SH 432(8/12) For the Commissioner of Labor NEW YORK STATE DEPARTMENT OF HEALTH WADSWORTH CENTER `ate Expires 12:01 AM April 01, 2016 Issued April 01, 2015 = CERTIFICATE OF APPROVAL FOR LABORATORY SERVICE Issued in accordance with and pursuant to section 602.Public Health_Law of New York State MR. L!TSANG NY Lab Id No: 115.10 _ - NY ENVIRONMENTAL AND ANALYTICAL LABS INC 88 HARBOR ROAD PORT WASHINGTON, NY 11050 is hereby APPROVED as an Environmental Laboratoryfoi the category _ - ENVIRONMENTAL ANALYSES.SOLID AND HAZARDOUS:WASTE All approved subcategories and/or analytes-are listed below: Metals Lead,Total EPA 7000B Miscellaneous Asbestos in Friable Material EPA 600/M4/82/020 Asbestos in Non-Friable Material-PLM Item 198.6 of Manual(NOB by PLM) Asbestos-Vermiculite-Containing Material Item 198.8 of Manual Lead in Dust Wipes EPA 7000B Lead in Paint EPA 70008 Sample Preparation Methods EPA 3050B ASTM E-1979-12 - Serial No.: 52406 Property of the New York State Department of Health. Certificates are valid only at the address shown,must be conspicuously posted,and are printed on secure paper. Continued accreditation depends on successful ongoing participation in the Program. Consumers are urged to call(518)485-5570 to verify the laboratory's accreditation status. Page 1 of 1 United States Department of Commerce National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2005 NVLAP LAB CODE: 101967-0 NY Environmental & Analytical Labs, Inc. -Port Washington, NY is accredited by the National Voluntary Laboratory Accreditation Program for specific services, listed on the Scope of Accreditation, for: Asbestos Fiber Analysis This laboratory is accredited in accordance with the recognized International Standard 1SO1IEC 17025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILAC-1AF Communique dated January 2009). *.W of 2015-06-29 through 2016-06-30 0 +'` �"'" MAt� Effective Dates ' �6 For the Natio al Voluntary Laboratory Accreditation Program o of�► r i got OF C, ° National Voluntary Laboratory Accreditation Program �y a �,71S OF SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 NY Environmental & Analytical Labs, Inc. 88 Harbor Road Port Washington, NY 11050 Mr. Li Tsang Phone: 516-944-9500 Fax: 516-944-9507 Email: tsang@nyenvironmental.com http://www.nyenvironmental.com/ ASBESTOS FIBER ANALYSIS NVLAP LAB CODE 101967-0 Bulk Asbestos Analysis Code Description 18/A01 EPA 600/M4-82-020:Interim Method for the Determination of Asbestos in Bulk Insulation Samples awd y For the Nations Voluntary Laboratory Accreditation Program Effective 2015-06-29 through 20/6-06-30 Page 1 of 1 NEW YORK STATE DEPARTMENT OF HEALTH WA 'H-CENTER: Exp ires..12:01 AM April 01, 2016 �. Issued April 01, 2015 CERTIFICATE OF APPROVAL FOR LABORATORY SERVICE Issued in accordance with and pursuant to section 502 Public Health Law of New York State MR. GEORGE KOUVARAS NY Lab Id No: 91273 KAM:CONSULTANTS 35-40. &TH ST LONG ISLAND CITY, NY 11106 is hereby APPROVED as an Environmental Laboratory for the category ENVIRONMENTAL ANALYSES SOLID AND HAZARDOUS WASTE All approved subcategories and/or..analytes are.listed below: Miscellaneous Asbestos in Friable Material Item 198.1 of Manual EPA 600/M4/82/020 Asbestos in Non-Friable Material-PLM Item 198.6 of Manual(NOB by PLM) Asbestos in Non-Friable Material-TEM Item 198.4 of Manual Asbestos-Vermiculite-Containing Material Item 198.8 of Manual Lead in Dust Wipes, EPA 7000B Lead in Paint EPA 7000B Sample Preparation Methods EPA 3050B ASTM E-1644-04 :'.Seriai'No.: 52297_ Property`.ofdhe.Rew York'Stafe Department of Health. Ceaificates are valid only at.the address shbvvmmust'be conspicuously posted,and are printed on secure paper..continued accreditation depends on successful ongoing participation in the Program. Consumers are urged to'call(518)485-5570 tb'- .verify the laboratory's accreditation status. Page 1 of.1 United States Department of Commerce National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2005 NVLAP LAB CODE: 10204770 KA.M Consultants Long Island City, NY is accredited by the National Voluntary Laboratory Accreditation Program for speck services, listed on the Scope of Accreditation, for. AIRBORNE ASBESTOS FIBER ANALYSIS. This laboratory is accredited in accordance with the recognized International Standard 1S0/IEC 17025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILA C-/AF Communique dated January 2009). soOFco���O O � 2015-07-01 through 2016-06-30 Effective dates yFo P��� For the National Institute of Standards and Technology �'gres OF NVLAP-01C(REV.2009-01-28) QPQ��Vt OF Cp���t� ® O p MM p National Voluntary IJ�I� Laboratory Accreditation Program �OSt47ES OF SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 KAM Consultants 35-40 36th Street Long Island City,NY 11106 Mr. George Kouvaras Phone: 718-729-1997 Fax: 718-729-1876 E-Mail: george.kouvaras@kamconsultants.com AIRBORNE ASBESTOS FIBER ANALYSIS (TEM) NVLAP LAB CODE 102047-0 NVLAP Code Designation/Description I8/A02 U.S.EPA's "Interim Transmission Electron Microscopy Analytical Methods-Mandatory and Nonmandatory-and Mandatory Section to Determine Completion of Response Actions" as found in 40 CFR,Part 763, Subpart E,Appendix A. 2015-07-01 through 2016-06-30 Effective dates For the National Institute of standards and Technology Page 1 of 1 NVLAP701S(REV.2005-05-19) United States Department of Commerce National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2005 NVI.AP LAB CODE: .102047-0 KAM Consultants Long Island City, NY is accredited by the National Voluntary Laboratory Accreditation Program for specific services, listed on the Scope of Accreditation, for. BULK ASBESTOS FIBER ANALYSIS This laboratory is accredited in accordance with the recognized International Standard ISO/!EC 17025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality. management system (refer to joint ISO-ILAC-IAF Communique dated January 2009). {�g1T OF CON" O� O 2015-07-01 through 2016-06-30 Effective dates yFo ��� For the National Institute of Standards and Technology STATES OV P NVLAP-01C(REV.2009-01-28) 0NT OF 00�'PIP M National Voluntary La, Laboratory Accreditation Program 00 STATES 01- SCOPE FSCOPE OF ACCREDITATION TO ISOJEC 17025:2005 KAM Consultants 35-40 36th Street Long Island City,NY 11106 Mr. George Kouvaras Phone: 718-729-1997 Fax: 718-729-1876 E-Mail: george.kouvaras@kamconsultants.com BULK ASBESTOS FIBER ANALYSIS (PLM) NVLAP LAB CODE 102047-0 A7/ZAP Code Designation/Description 18/A01 EPA 600/M4-82-020: Interim Method for the Determination of Asbestos in Bulk Insulation Samples A `Vti/I��QQ 2015-07-01 through 2016-06-30 . Effective dates For the National Institute of Standards and Technology Page 1 of 1 NVLAP-01S(REV.2005-05-19) APPENDIX D 10.0 SAMPLE/ACM LOCATION DRAWINGS is I Ir ,<Main Sm l rraes 5, ) f � r or r r �I rr fr r r i IL _ r }L a Ar ir Ile 0 rdr Al f OP J jr LION r meow goo — � -- Structure, ' (Samples 1 -16) Stn (Sa �-� Structure 3 (Samples 38-49) Basement El El El' ACM Flue Patch Boile ACM Mudded Elbow & Pipe Insualtion P 11 LOCATION: 70282/70284 MAIN ROAD, GREENPORT NY NEW YORK ENVIRONMENTAL JOB #: 45178 SAMPLE LOCATION PLANS - BASEMENT NYS ASBESTOS INSPECTOR: MATTHEW HARTMAN SAMPLE DATES: 3/31/16 �( _ _ LOCATION cl 44 SCTM: ; y I, 1000-045.00-05.00-005.000 / - I, III dh Greenport - -- _ — A West _ APPROXIMATE PROPERTY LINE Arshamonaque —_-- ` SITE ACCESS PROPOSED SI r _ Pck .v r, sN , r x 9 � ,P�<°• Arshamomaque Cemetery LOCATION MAP . ' I N.T.S. t SCTM: ,- - . 1000-045.00-05.00-003.003 r LEGEND: ---- PROPERTY LINE PROPOSED ACCESS WITHOUT TEMPORARY ROAD .r PROPOSED TEMPORARY ACCESS ROAD WITH CRUSHED STONE PROPOSED START OF 10' WIDE TEMPORARY ACCESS :A PROPOSED TEMPORARY ACCESS ROAD (CRUSHED STONE AND CONSTRUCTION MATS) ROAD w --- __ PROPOSED TRACK CROSSING A ,s PROPOSED AREA OF WORK ' PROPOSED SILT FENCE :. v PROPOSED SILT SCTM: FENCE ALONG 1000-045.00-05.00-004.000 TEMPORARY ACCESS ' ROAD .µ , SCTM: '� ' �, 10` PROPOSED WIDTH 1000-045.00-05.00-002.000 �— (WIDTH MAY VARY) B" CRUSHED STONE PROPOSED TEMPORARY { ACCESS ROAD — _ _ _ _ PROPOSED B OZ. FILTER FABRIC (ALT 1,} CROSSING OF TRACK TO B E I N STRICT EX. STABILIZED SOIL 4: � 1 COMPLIANCE WITH TEMPORARY ACCESS LIRR PERMIT ROAD To BE CRUSHED STONE ACCES ROAD CRUSHED STONE OR ALT 1 1 CONSTRUCTION MATS },. . w =' N.T.S. x r >r- r x 4w, AREA EO F �_ .. WORK c SCTM: �, O 1000-053.00-01 .00-004.000 , r TEMPORARY ACCESS Q 4 SCTM: , ROAD TO BE O 6.17' 6.83' rtlr 1000-053.00-01 .00-006.002 CRUSHED STONE ONLY O ,.;. O O O r .. e -1• O • O O , G ~' r SCTM , .•,, � , ,:; ,f ; ' : � 9.33' , : 1000-053.00-01 .00-007.000x. CONSTRUCTION MAT 0 101 U ~5 �� ALT 2 f NTS 1 f 1 I i r , r lJ j / # DESCRIPTION APPROV. BY SCTM , .,,_Vrl4"r;Tr!777 REVISIONS ,. ,`` 1000-053.00-01 .00-009.000 _ O T . , OWN OF S0UTH0LD r SUFFOLK COUNTY NY E SITE PLAN SILLS FARM DEMOLITION 14 SCALE: 1 "=80' cn ° BD 160 SITE ACCESS PLAN U) Feet N L. K. McLEAN ASSOCIATES P.C. 00 , N CONSULTING ENGINEERS 43T SOUTH COUNTRY RD., BIROOKHAVEN, NEW YORK 11719 N THE EDUCATION LAW OF THE STATE OF NEW YORK PROHIBITSSheet No. N ANY PERSON FROM ALTERING ANYTHING ON THE DRAWINGS Designed By: MF/CFD Scale: AS NOTED r AND/OR THE ACCOMPANYING SPECIFICATIONS, UNLESS IT'S UNDER THE DIRECTION OF A LICENSED PROFESSIONAL N ENGINEER, WHERE SUCH ALTERATIONS ARE MADE, THE A n N PROFESSIONAL ENGINEER MUST SIGN, SEAL, DATE AND Drawn By: MF Date: OCTOBER 2022 u/i_!` (D DESCRIBE THE FULL EXTENT OF THE ALTERATION ON THE DRAWING AND/OR IN THE SPECIFICATION (NYS ED. LAW SECTION 7209-2). Approved By: RGD File No. 221 62.000 Yi, X-4 41.14Mi FA IL# h0wig fV 0),.;. 1,10 VW1. 4%f,_*,14n 4 10�Jlwl is Alm" It Rg"I"'k q 4w W t. I%,- Es, .196, m 01 'toll 1C fj�7�j�,C VR 8 P Ak� t V� ..... 7 It I I a MAE, EWA m Fm I MIN TIP `0 I"�4 A lift urn '-;7 i., ge. Off A,i 7tiy tL 1.�ka�,� #4�� i " I J" 1, % � /4 1� " - 11 1), i - , '11, ,11 �b -A FoAl ji 46 T4 ,1 0.0,00 N uk mi � IL DESCRIPTION Zip- IF w OF TAIWN APU IXRM� 14 VA 61 L Ff It TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SILLS FARM DEMOLITION J, 0 SHEET L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN, NEW YORK 11719 4� scale: AS NOTED Ae Ire= Date: OCTOBER 2022 mill 3124 11111[s] Approved By: RGD File No. 22162.000 .. SO n , it At BUILDINGS AND — PROJECT — _ — LOCATION � EXISTING . a FOUNDATIONS TO BE DEMOLISHED — -._.— _— r AND REMOVED _ , / � \ Greenport West Arshamonaque - _— — - PROPOSED +MATERIAL ^S S Neck LOADING 2 R° _ ad AREA +/ ` Arshamomaque / - Cemetery + LOCATION MAP N.T.S. + / PROPOSED SILT FENCE LEGEND: + EXISTING x ---- PROPERTY LINE / CONCRETE \ SILO TO BE t� r t�—[�-- PROPOSED SILT FENCE DEMOLISHED 1 —x x— PROPOSED TEMPORARY CONSTRUCTION FENCE PROPOSED TEMPORARY ACCESS + �\+ # OF STRUCTURE TO BE DEMOLISHED PROPOSED RAILROAD + CROSSING AS PER LIRR , PERMIT SILO } E �= PROPOSED TEMPQRARY CONSTRUCTION FENCE WITH GATE 041 v W r. A ••.e i'. +. CD : � I M U SITE PLAN SCALE: 1 "=30' u DATE BY DESCRIPTION APPROV. BY REVISIONS TOWN OF SOUTHOLD E SUFFOLK COUNTY NY SILLS FARM DEMOLITION o ° DEMOLITION PLAN cn No L. K. McLEAN ASSOCIATES, P.C. co 0O CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN, NEW YORK 11719 N THE EDUCATION LAW OF THE STATE OF NEW YORK PROHIBITS Sheet No. N (� ANY PERSON FROM ALTERING ANYTHING ON THE DRAWINGS Designed By: MF/CFD Scale: AS NOTED 0 AND/OR THE ACCOMPANYING SPECIFICATIONS, UNLESS IT'S UNDER THE DIRECTION OF A LICENSED PROFESSIONAL N ENGINEER, WHERE SUCH ALTERATIONS ARE MADE, THE - N PROFESSIONAL ENGINEER MUST SIGN. SEAL. DATE AND Drawn By: MF Date: OCTOBER 2022 DESCRIBE THE FULL EXTENT OF THE ALTERATION ON THE DRAWING AND/OR IN THE SPECIFICATION 72092. 1 SECTION (NYS EO. LAW Approved By: RGD File No. 221 62.000 �\psavFoi*° RESOLUTION 2023-512 ADOPTED DOC ID: 1 208 9 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-512 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6,2023: RESOLVED that the Town Board of the Town of Southold hereby rejects all bids received on May 25, 2023, pursuant to the bid for the'demolition of the Sill's Farm,.Buildings. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell AlA%. ;. DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS "" Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2023 Sills Farm Buildings Demo Bid Opening May 25,2023 2:00 PM One (1)bid received Creative Builders Inc $ 362,160.00 47 Wheeler Avenue Staten Island,NY 10314 Adil Akbar 347-322-2538 64,K G► 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. Q Notarized Affidavit of Non-Collusion as required by NYS Law. 0 A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. 0 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. ® Assumed Name Certification. Q Bidder'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 10 VENDOR NAME: Creative Builders Inc VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 611-771180 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 9- 15- 2015 IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: Creative Builders Inc LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) Adil Akbar 100 % LIST OFFICERS AND DIRECTORS: NAME TITLE Adil Akbar President If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: Creative builders Inc ADDRESS: 47 Wheeler Ave Staten Island NY 10314 CONTACT: Adil Akbar TELEPHONE: 347- 322- 2538 FAX: E-MAIL: creativebuildersinc@aol.com ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 10 VENDOR NAME: Creative Builders Inc 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 NA 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 FJ I certify that I can supply insurance as specified if awarded the bid Q Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALI BIDDER. Adil Akbar - AUTHORIZED SIGNATURE Proposal Package 5 of 10 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 person signing this bid, under the penalties of perjury, affirms the truth thereof. Adil Akbar _ik� SWORN TO BEFORE ME THIS Signature&Company Position President DAY OF 20 A 2. Type Name&Company Position Creative Buildrs ine , GG�Gc22�2. - Company Name MA G A Date Signed NOTARYPUELIC, OFNEWYORK , Registration No.01 OR634PA 17 611- 77 1180 Qualii4ed inRichidond&King Cbimty CommissionExpires Septembez 26,2024 Federal I.D.Number Proposal Package 6 of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDORNAME: Creative builders Inc VENDOR ADDRESS: 47 Wheeler Ave Staten island NY 10314 TELEPHONE NUMBER: 347- 322- 2538 FAX:' 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.) 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 10 Demolition of the Sill's Farm Buildings 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 General Conditions&Mobilization for Fifteen Thousand 00 ILS $ 15,000 00 $ 15,000. 00 Dollars Cents Temporary Access Road(Crushed Stone) 2 10,400 Nine $ 9 00 $ 90,360 00 for /LF Dollars. Cents Erosion&Sediment Control 3 670 for >LF Fifteen 00 $ 15 .00 $ 10,050 00 Dollars Cents. Unclassified Excavation&Embankment 4 ' Thirteen Thousand 00 $ 13,000 00 for SLS $ 13,000 00 Dollars Cents Clearing&Grubbing 5 27,500 for Three 00 ISF $ 3 00 $ 27,500 00 Dollars Cents Temporary Fencing 6 750 for Thirty Five 00 ILF $ 35 00 $26,250 00 Dollars Cents Structures 1-3 Removal(including Foundation) 7 1 Seventy Five Thousand 00 �s $ 75,000 00 $ 75,000 00 for Dollars Cents Silo Removal 8 1 for Five Thousand 00 JLS $ 5,000 00 $ 5,000 00 Dollars Cents Demolition of the Sill's Farm Buildings 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 Site Restoration 9 1 for Twenty Five Thousand 00 ILS $ 25,000 00 $ 25,000 00 Dollars Cents LIRR Compliance 10 for Twenty Thousand 00 $ 20,000 00 $ 20,000 00 ILS Dollars Cents TOTAL BASE BID Items(Add All Items) $ 362,160.00 Three Hundred Sixty Two Thousand One Hundred Sixty Dollars Dollars Cents (Numerically) WRITTEN IN WORDS Construction Mat Access Road ALT#1 7,400 for Six !SF $ 6 00 $ 44,400 00 Dollars Cents 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. f AUTHORIZED SIGNATURE PRINTNAME Adil Akbar -A TITLE President DATE 5-23- 2023 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Staten ISlan ss -R1 C�Gyn0 -- 11'� On the !?�day of ' `at� in the year 2023 before me, the undersigned, personally appeared,.- - Adil Akbar ,personally known to me or 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. GRAMA I OQWY PUBLIC,STATE OF NEW YORK r ae;isuadon No.0IGR6349417 in Richmond&I Ca*:,, s iuu L puts Septemba 26 024Ty Proposal Package 10 of 10 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 hereinafter made. SUBMITTED BY: Ad i I Akba r A Corporation X A Partnership or Entity FIRMNAME: Creative builders inc An Individual PRINCIPAL OFFICE: 47 Wheeler Ave Staten Island NY 10314 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Adil Akbar 47 Wheeler Ave GC Staten island NY 10314 1. How many years has your organization been in business under its present business name? 7 Years 2. You normally perform what percent of the work with your own forces? 80 % List trades that you organization normally performs below: General Construction - Masonry, Concrete, Lintels, Sills Repointing, 3. Have you ever failed to complete any work awarded to you? N o.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. No QS-1 S. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. IVO 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 Completion Demo and RepairFacade Mr.Butt $285,600 82% July 10,2023 513 Henry St Brooklyn NY 713-574-0606 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion %of Work 1-240 East 68th St, NY, NY Rana Timmy $570,200 2-21-2022 78% 714-379-6180 2-311 west 95th St NY, NY Sardar 917-477-9667 $460,500 3-18-2023 82% 3-3064 Coney Island Ave Brooklyn NY Gena Laven 347-614-6289 $375,600 10-19-2021 75% 4-240 east 68th St NY, NY Mr.Ejaz 646-667-8617 $270,800 7-18-2019 80% 5-302120 79th St Brooklyn NY Mr.Sampton 917-392-9633 $230,100 2-21-2022 85% QS-2 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 Adil Akbar President 11 Years GC Supervisor 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 10. Bank References: TD Bank 11. Trade Association Membership: No 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? No 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 n ' n COUNTY OF /'�Ic ##40 Adil Akbar being duly sworn deposes and says that he is the President of Creative builders Inc contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of pers n who signed bid) Sworn to before me this day of ,2023 NotaryPublic ;yKA 12 j f1 NAA Commission Expiration Date: C) A GRANDA " NOTAP.YPU3LIC,STATE OF NEW RI{ Rc9'i u!160nNo.01OR6348417 QL,Hed in Richmond& County CommissionExpires Septemb September 024 QS-4 a�i,a5 Al 201 ® Document A31OTM _ Bid Bond CONTRACTOR: SURETY: (Mame, legal status and address) (Name, legal status and principal place Creative Builders, Inc. of business) Capitol Indemnity Corporation This document has important legal 47 Wheeler Ave. P.O.Box 5900 consequences.Consultation with Staten Island,NY 10314 Madison,WI 53705-0900 an attorney is encouraged with OWNER: respect to Its completion or (.Aanie, legal status and address) Town of Southold modification. 53095 Main Street Any singular reference to Southold, NY 11971 Contractor,Surety,Owner or BOND AMOUNT: other party shall be considered 5%of the Bid Amount plural where applicable. PROJECT: (,tame, location or address, and Project number, if any) Demolition of the Sill's Farm Building The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accept1the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(i)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety sha11 not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for ' an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to'be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. Wh&in so., `. fumished,the intent is that this Bond sfaall be construed as a statutory bond and not as a common law bond.'' Signed and sealed this oC oC day of /1-/X 0 pZ J a �_._.r, '/� � ' .0 .............. _..... —.......... : (Principal) ( filly - (Title) Capitol.Indemnity Corporation _...,.... _..._ ...... _............_ ......................._.. . ^............................. ............. .... Stu�(}1 � f (Secrll (t1` ties (Title) Atto��ej _� t0, yf-,u.'<U^:'oC ;ifi to.din Ut 3q i t?,+;00.Ccli::'tYx:t Do;:t3Stw e"I vo it i"i1 Zvi ;t 2=y7f:els*in At 0 we?i° r,t: ' c'ar.,n a s will not tai<�;txnv ud. AIA Document A310'r—2010.Copyright 1863,1870 and 2010 by The American Institute of Architects.All rights reservad,baemaI- t i5 3.^'IA3 Init. 0,x U iaw?.,t!,a pby V'S CCPytI"p-, > .rr„;-w tnwn13tar;,It 7.^:tic i1Q,� rvor I.,cil0.1 or d:strt dz, ttdis;Sc' ?c.: :rc::t,tsr s3$t3;C!iuC'%1 f,;e:,fit:" '7r":ti++:n;'66.f C:Y i2 1:3:14^•r': n::s jk:i1:.CP:`:'.;v7:S'::.`::'}'°.p':'8:.::•.`au$'.%.". +X":'63 sSl'I Ylf:it:""F¢*5:: (3 iE e•:iii'.i Uall49r-a=2t{,,,s';' ( Purenasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documerile,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. asr ACKNOWLEDGMENT OF SURETY STATE OF Pennsylvania ) COUNTY OF Montgomery ) ss On this 22nd day of May in the year 2023., before me personally came Thomas J. Keating to me known,who, being by me duly sworn, did depose and say that he/she resides at 50 Caribou Court Reading, PA 19606 that he/she is the Attorney-In-Fact of Capitol Indemnity Corporation , the corporation described in and which executed the above instrument; that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ILL NOTARY PUBLIC Commonwealth of Pennsylvania-Notary Seal SHWETA SINHA-Notary Public Montgomery County My Commission Expires November 17,2026 Commission Number 1429773 CAPITOL INDEMNITY CORPORATION CIC1936354 POWER OF ATTORNEY Bond Number KNOW ALL MEN BY THESE PRESENTS,That the CAPITOL INDEMNITY CORPORATION,a corporation of the State of Wisconsin,(laving its principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint -----------------------------------------------------THOMAS J.KEATiNG------------------------------------------------------------ its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------------------------------ALL WRITTEN INSTRUMENTS iN AN AMOUNT NOT TO EXCEED:$20,000,000.00------------ - This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May,2002. "RESOLVED,that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof,one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. IN WITNESS WHEREOF,the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested,this 1st day of January,2020. Attest: P� �p,1tlVlu(Naaltttq�i"li CAPITOL INDEMNITY CORPORATION Ryan J.Byrnes Senior Vice President, = John L.Sennett,Jr- 'r Chief Financial Officer and Treasurer Chief Executive Officer and Presi,llem _jt,a�dtiV A J r\ L.k'�`�"�""' f�j`/'q/Ili* .... SnZanne M.Broadbent ���f<�kftfptpil10l'ti1� Assistant Secretary STATE OF WISCONSIN COUNTY OF DANE I S.S.: On the lst day of January,2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that Ile resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION,the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. J\"W11t,Eli°ntrui, David J.Regele Notary Public,Dane Co.,WI //�/Jrr pplfytgGue: COUNTY OF DANE My Commission Is Permanent STATE OF WISCONSIN } S.S.: ?g„JajpEi.pal41{4,441° 1,the undersigned,duly elected to the office stated below,now the incumbent in CAPITOL INDEMNITY CORPORATION,a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton,State of Wisconsin this 22nd day of May —20 23 Uv64 tir, l SEAL{ i� ��> .. Andrew B.Diaz-Matos Senior Vice President,General Counsel and Secretary THiS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. iF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THiS DOCUMENT CALL 800-475-4450. CiC-ePOA-M(Rev.01-2020) State of New York DEPARTMENT OF�FINANCIAL SERVICES WHEREAS IT APPEARS THAT Capitol Indemnity Corporation Home Office Address Middleton,Wisconsin Organized under the Laws of Wisconsin has complied with the necessary requirements of or pursuant to law, it is hereby licensed to do within this State the business of accident and health, fire, miscellaneous property, water damage, burglary and theft, glass, boiler and machinery, elevator,animal,collision,personal injury liability,property damage liability,workers'compensation and employers' liability,fidelity and surety,motor vehicle and aircraft physical damage,marine and inland marine,marine protection and indemnity , residual value, gap, prize indemnification, service contract reimbursement and legal services insurance,as specified in paragraph(s)3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 19,20,21,22,26(A)(B)(C)(D),27, 28 and 29 of Section 1113(a) of the New York Insurance Law and also such workers' compensation insurance as may be incident to coverages contemplated under paragraphs 20 and 21 of Section 1113(a), including insurances described in the Longshoremen's and Harbor Workers' Compensation Act (Public Law No. 803, 69 Cong. as amended; 33 USC Section 901 et seq. as amended)to the extent permitted by certified copy of its charter document on file in this Department until July 1,2023. In Witness Whereof, I have hereunto set y 0 R K S T m hand and .... affixed the official seal of this . � . q Y �`''� Department at the City of Albany, New York, this 1st day of July, 2022 Adrienne A. Harris Superintendent sIVI Uttl l{li5 N-- 0 F F1 N pNG Colleen M. Druper• Special Deputy Superintendent Original on Watermarked Paper ` CAPITOL INDEMNITY CORPORATION BALANCE SHEET December 31,2022 Admitted Assets Cash and invested assets: Bonds $ 159,277,074 C o m mo n sto cks 88,488,066 Cash,cash equivalents and short-term investments 552,120,200 Receivables for securities 1,549 Total cash and invested assets 799,886,889 Investment income due and accrued 1,049,435 Uncollected premiums and agents'balances in course of collection (117,342,707) Deferred premiums,agents'balances and installments booked but deferred and not yet due 4,562,781 Amounts recoverable from reinsurers 7,194,246 Other amounts receivable under reinsurance contracts 234,742 Current federal and foreign income tax recoverable and interest thereon 13,235,508 Net deferred tax asset 3,983,005 Electronic data processing equipment and software 786,527 Receivables from parent,subsidiaries and affiliates 445,608, Other admitted assets 487,631 Total admitted assets $ 714,523,665 Liabilities and Surplus as Regards Policyholders Liabilities: Losses $ 199,396,837 Reinsurance payable on paid losses and loss adjustment expenses 31,311,422 Loss adjustment expenses 35,878,768 Commissions payable,contingent commissions and other similar charges 655,318 Other expenses(excluding taxes,licenses and fees) 13,382,148 Taxes,licenses and fees(excluding federal and fo reign inco me taxes) 41,938 Unearned premiums 161,874,319 Advance premium 8,596 Ceded reinsurance premiums payable(net of ceding commissions) 69,932,486 Amounts withheld or retained by companyfo r acco unt of others 11,085,423 Provision for reinsurance 1,906,000 Payable to parent,subsidiaries and affiliates 1,097,882 Payable for securities 14,469 Other liabilities 712'715 Total liabilities 527,298,321 Surplus as regards policyholders: Common capital stock 4,201416 Gross paid in and contributed surplus 103,923,753 Unassigned funds(surplus) 79,100,V5 Surplus as regards policyholders 187,225,344 Total liabilities and capital and surplus $ 714,523,665 I,Adam L.Sills,CEO and President of Capitol Indemnity Corporation do hereby certify that to the best of my knowledge and belief,the foregoing is a full and true statutory Statement of Admitted Assets and Liabilities,Capital and Surplus of the Operation at December 31,2022,prepared in conformity with the accounting practices prescribed by the Insurance Department of the State of Wisconsin. IN WITNESS WHEREOF,I have set my hand and affixed the seall of the Corporation at Middleton,Wisconsin.Adam L.Sills CEO&President dµy11#H#flrtl#�� *�� (� Y•yifYs• V,(� r� „*`��YYY ••••t9C f ��11P004T�t{7 F-� 1111-vM r Y� • Sow 66t ET o-A,, 4`�� STATE OF NEW YORK DEPARTMENT OF FINANCIAL SERVICES CERTIFICATE OF SOLVENCY UNDER SECTION 1111 OF THE NEW YORK INSURANCE LAW It is hereby certified that Capitol Indemnity Corporation of Middleton, Wisconsin . a corporation organized under the laws of Wisconsin and duly authorized to transact the. business of insurance in this State, is qualified to become surety or guarantor on all bonds; undertakings, recognizances,.guaranties, and other obligations. required or permitted by law; and that the said corporation is possessed'of a capital and surplus including gross paid-in and contributed surplus and unassigned funds (surplus) aggregating the sum.of$187,225,344. (Capital $4,201,416), as is shown by its sworn financial statement for the quarter ending, December 31, 2022,on file in this.Department, prior to audit. The said corporation cannot lawfully expose itself to loss on any one risk or hazard to an amount exceeding 10% of its surplus to policyholders, unless it shall be protected in excess of that amount in the manner provided in Section 4118 of . the Insurance Law of this State. In Witness Whereof, I have here- �.�YcRrc Sr unto set my hand and affixed the official seal.of this Department at the City of Albany, this 31st +° day of March 2023. h b� -�� Adrienne A. Harris Superintendent 0P.FI SAN By Colleen M. Draper Special Deputy Superintendent Batch: 52206524 s. f8d828c4-7609-4af2-a2f7-d337d007a103 Sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times i State of New York, County of,Suffolk, The undersigned.is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: May 04,2023 This newspaper has been designated by the County Clerk of Suffolk County, as a newspaper of record in this county, and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 10 day of May 2023 Notar Signa re MARY BETH ALESCIO WALLIi�G NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Public Stamp ' f i I SOUTHOLD TOWN CLERK 1 I I I f8d828c4-7609-4af2-a2f7-d337d007a103 sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times i LEGAL NOTICE INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning May 4,2023. PLACE OF OPENINGS: SOUTHOLD TOWN CLERK 53095 MAIN ROAD SOUTHOLD, NY 11971 DATE/TIME OF OPENING: May 25, 2023 2:00 P.M. CONTACT PERSON: Michael Collins, P.E. Southold Town Engineer 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 SOUTHOLD TOWN CLERK 2 i f8d828c4-7609-4af2-a2f7-d337d007a103 sabrina.born@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times 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 May 12, 2023 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. Funding was provided through the Department of State Office of Planning, Development,and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. Dated:April 25,2023 BY ORDER OF THE TOWN BOARD Denis Noncarrow Southold Town Clerk i I SOUTHOLD TOWN CLERK 3 i I TOWN OF SOUTHOLD DEMOLITION OF THE SILL'S FARM BUILDINGS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK ~. f F01. Qd. Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York 11971 May 4, 2023 (631) 765-1560 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: "DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning May 4, 2023. PLACE OF OPENINGS: DATE OF OPENINGS-. - TIME OF OPENINGS: TOWN OF SOUTHOLD May 25,2023 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 May 12, 2023 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. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. TABLE OF CONTENTS TOWN OF SOUTHOLD DEMOLITION OF THE SILL'S FARM BUILDINGS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-7 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 — 10 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1 —2 NYSDEC Tidal Wetlands Permit Contract#C1001150 APPENDIX A - LIRR Entry Permit EP-1444 APPENDIX B —Environmental Testing Results Contract Drawings 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 8. Se fit),for F.,idi l Pei:fonnanee and A akA ..,..nee . 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 Demolition of the Sill's Farm Buildings 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, May 25th, 2023, 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. The Town of Southold will continue to implement the Bay to Sound Integrated Trails Initiative by removing dilapidated buildings and debris from a waterfront property, planting native species and creating 0.3 miles of trail to provide public access to the site and adjacent tidal creek frontage. The new trail will connect to trails previously constructed through the initiative to create a trail system stretching from Long Island Sound to Peconic Bay. The Town of Southold will facilitate removal of dilapidated agricultural buildings and debris from a newly acquired parcel. Following clean-up the site will be revegetated with native plantings and a 0.3 mile segment of trail will be constructed by the Town and Volunteers to provide public access to the site and adjacent tidal creek frontage, which supports water- dependent uses including shellfishing. Trails on this property will be connected to trails constructed in Phase 2 of the Integrated Trails Initiative. The Bay to Sound Integrated Trails Initiative Phase 3 fulfills the Town's goal of expanding the trail systems within the Greenport area and linking Town, Village and County properties. The dilapidated buildings are dangerous and the Town cannot open the property to the public without cleaning them up. Buildings to be removed include a collapsed large dairy barn, a partially collapsed silo, a storage barn with a collapsed roof, a large shed foundation, and a partially collapsed farm house. Volunteers will clean up typical trash unrelated to former farm use and will conduct plantings to restore the site to a natural state, in accordance with State requirements. Access to the site will be provided by a temporary at-grade crossing over the Long Island Rail Road tracks. The Town of Southold as Contractor for the New York State Department of State is seeking a contractor or team of contractors ("Contractor") for the Demolition of the Sill's Farm Buildings at 70282 & 70284 Main Road (NYS Route 25) in Greenport. Funding is being provided by NYS DOS through Title 11 of the Environmental Protection Fund(EPF). At the time of this RFP release, the Town and New York State have an executed contract in place for the project. A copy of this contract is included as an Appendix. In addition to the requirements described herein, the selected Contractor(s) shall be required to address all tasks for and comply with all NY State requirements for the Demolition of the Sill's Farm Buildings elements of the project in the contract between the Town and NYS DOS. The selected Contractor(s) shall be required to 113 - 2 INSTRUCTIONS TO BIDDERS submit payment requests that align with the State Contract. The NYS DOS must approve all contractors and sub-contractors. The contractors must comply with all provisions in the Contract between the NYS DOS and the Town of Southold that apply to the demolition work, including all appendices. For purposes of this project, Contractor(s) must follow established State Minority and Woman- Owned Business Enterprises (MWBE) contracting requirements for the State share of this project. No less than 30% of the State's share of the contract amounts between the Town and the selected Contractor shall be allocated: 15% for Woman-Owned Business Enterprises and 15% for Minority-Owned Business Enterprise(s) in accordance with NY State contract requirements. Should any Contractor(s) need to subcontract for any elements of this project they must document and make a good faith effort to hire subcontractors registered in the MWBE database. The Town will assist contractors with this effort. The current anticipated completion date for the project is June 30, 2023. 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 IB - 3 INSTRUCTIONS TO BIDDERS Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until the completion of ten percent(10%)of the work under the Contract. (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bands 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 IB -4 INSTRUCTIONS TO BIDDERS 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 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. 4 S C TAITV FOR FAITHFUL PERFORMANCE AND MAINTENANGF, The sueeessful bidder shall be r-equir-ed to emeeute a Pei=fenuanee Bond equal to one hundred vereet+ R 000%) f the amourg bid h bends to b exeeuted by n New V .l k lieensoinsuFarice- eanier/su", _ ll an A rating or ae. //�. J table to the r Owner-; or- bonds seeur-ed by eollater-al; or- seour-ities approved by the Owner. The Petzfennanee Bend shall be iATitten so as to remain in full force and effect as a maintenanee bond for- a peFied of not less than one(1) year-after the date of final aereptanee VL the work-. The sueeessf6l bidder-,upon failufe to execute and deliver the bonds requir-ed within ten(10) days after-the date of fietiee of award, shall forfeit to the Owner, as liquidated damages for-sueh failt or the secufity deposited-Aith Ws bid, and he will be liable for-and he agrees to pay to the 7 demand,Ov,mer- en the differ-enee between the price bid and the pr-iee for- VAIieh stleh eeRtraet shall subseqaeiAly be re let including the eest of sueh fe , ing less the afneunt of sueh deposit. N 1 ef mistakesueh accepted bid shall be available to of LLQ v r deedeposit or as a defense to an), aefien upon aeeepted bid upAess said mistake ean be pr-oven by .....e......y_...._n_e »_-_fit,_»..-- to the -- .--- IB - 5 INSTRUCTIONS TO BIDDERS After-appr-eval of the bonds and emeeution of the Geatfact and after-ten (10) pereent of the w has been eempleted,the bid seen fit),a. the bidA411b t a 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. IB - 6 INSTRUCTIONS TO BIDDERS 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. 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 - 7 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 LIABILITY: 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 f Description of operations/locations/etc. Box must include the statement: "THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED" CERTIFICATE HOLDER SHALL BE LISTED AS: TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD,NY 11971 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 Of€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, Pei=formance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party 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. be at the option of the Higin",DepaAment. 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 parry 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 9FFWT� TOILET. q4ie Gent a_*„- steal i e an cffiee +f*le,. for'--- by the teAm and its representatives. The trailer shall be elimate eontFolled and have a elean p! table, .-lost a.R chair- .,,.oyidea iide. The Contractor shall provide and maintain a sanitary �iuv 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, additional pr- i the perfemiffiwe bond of the Gen#aeto 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 SIXTY (60) 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 pen-nit. 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. in CONTRACT SECURI ry Bend, > equal to one hundred r ♦ i Cen+«aaet, and 3e pa5ment- f •,lAr all persens-pe Penning labor- er- fth Matefials in eenneetion with this GopAraet. The PerfeFmanee Bond shall be vaitten so as to remain in fuli foree and effect as a maintenanee bond.for a period of not less than one (1) year-aftef the date--of aee-Y------ of :'vii.by theEngineer. CC -4 i CONDITIONS OF CONTRACT (b)Additional or Subs# Bond: if at any time the Ov,%er-shall be or beeofne dissatisfied with any sufety or- sureties, or-if for-ar*, other-reason sueh bond shall eaease to be adequate seourity -- the e the Gentfaetor- shall widiia five (5) days after- notiee from the Ovaier- to do so-, substitute an aeeeptable bond in sueh fiffn4 and sum and signed by sueh othef sufety as may-be satisfiie4ery to the OK%en The pr-emituns on sueh bonds shall be made tmfil the new sur-ety 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 further 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 of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties ofiperjury. 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 r the Per-feffflane Dem 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'govem. 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. 1 24. REPRESENTATIONS OF CONTRACTOR c 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 . 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 factthat 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 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. 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 "Demolition of the Sill's Farm Buildings" PROPOSAL PACKAGE BID OPENS: May 25, 2023 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 10 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. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A 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. ❑ Assumed Name Certification. ❑ Bidder'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 10 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE ..................................................■.............................■1 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 10 VENDOR NAME: 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 , 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. AUTHORIZED SIGNATURE Proposal Package 5 of 10 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 person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D.Number Proposal Package 6 of 10 THE PROPOSAL FORM Demolition of the Sill's Farm Buildings VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: 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.) 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 10 Demolition of the Sill's Farm Buildinqs 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 General Conditions&Mobilization 1 1 for /LS Dollars Cents Temporary Access Road(Crushed Stone) 2 10,400 for /LF Dollars Cents Erosion&Sediment Control 3 670 for /LF Dollars Cents Unclassified Excavation&Embankment 4 1 for /LS Dollars Cents Clearing&Grubbing 5 27,500 for /SF Dollars Cents Temporary Fencing 6 750 for /LF Dollars Cents Structures 1-3 Removal(including Foundation) 7 1 for /LS Dollars Cents Silo Removal 8 1 - for /LS Dollars Cents Demolition of the Sill's Farm Buildings 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 Site Restoration 9 1 for /LS Dollars Cents LIRR Compliance 10 1 for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS Construction Mat Access Road ALT#1 7,400 for /SF Dollars Cents 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. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC Proposal Package 10 of 10 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 hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 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? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? . 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 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. 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 Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 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 Capacily 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? 10. Bank References: 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 ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of ,2023 Notary Public Commission Expiration Date: QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Twenty-Three by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , ply of the second part (hereinafter called Contractor). 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 Demolition of the Sill's Farm Buildings AS DESCRIBED IN THE Contract Documents made and prepared 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), Perfennanee Bond, 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 Dollars Written in Words Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2023 before me,the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2023 before me, the undersigned, personally appeared, , personally known to me or 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. NOTARY PUBLIC A-3 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.ny.gov O Kathy Hochul,Governor 9 r y� Roberta Reardon,Commissioner �NT� Town of Southold Schedule Year 2022 through 2023 Michael Collins,Town Engineer Date Requested 05/03/2023 53095 Main Road PRC# 2023005123 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolition of dilapidated farm buildings and silo contaminated with asbestos and lead paint 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 2022 through June 2023. 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.ny.gov. 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.ny.gov. PW 200 Ask.PWAsk@labor.ny.gov i DIVISION 1 -GENERAL REQUIREMENTS TOWN OF SOUTHOLD CONTROLLED DEMOLITION OF SILLS FARM CONTAINING ASBESTOS/NO ASBESTOS & ASBESTOS ABATEMENT GE—NERAL 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 that 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 14 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 -GENERAL INTENT OF CONTRACT The goal of this project is to successfully abate (lead and asbestos) and demolish three (3) dilapidated building structures and demolish a concrete silo structure at Sill's Farm in Greenport. Access to the work site is challenging based upon the low-lying, environmentally sensitive surrounding area. The Contractor is to have (1) experience and the sensitivity of working around freshwater and tidal wetlands, a comprehensive understanding/experience of 6NYCRR Part 56 regulations, an understanding of working around and in coordination of an active railroad and lastly a profound respect for a historical nature preserve that serves the residents and visitors of Southold Town. As stated earlier access and the limited footprint to conduct demolition operations is the most challenging aspect to this project. The first 1000' feet of the access-way from NY-25 is wide enough for a small truck, small to mid-size construction equipment(backhoe, loader, roll-off truck) and then the roadway narrows down to a path that is soft and yielding due to its proximity to the groundwater table. The surrounding areas off this road/path are wetlands and perched groundwater bodies. The path continues along the west side of the pond which will need to be enhanced with a filter fabric and crushed stone road bed in order to accommodate the construction vehicles/equipment. The LIRR issued an entry permit which is part of this bid package that outlines all of the responsibilities of the Contractor to traverse safely over the LIRR tracks in strict compliance to the entry permit. There was a roadway that once existed on the south side of the railroad (see plans for details) that needs to be restored since the area has become overgrown. All abatement and demolition activities associated with this project will need to be conducted in accordance with the NYSDEC Wetland Permit, LIRR Entry Permit as well as all conditions included in the contract document. The Contractor shall include any and all provisions and costs associated with compliance to the permits obtained for this project and Southold Town requirements. Once all material has been properly removed from the site, the staging areas, footprints of all removed structures and pathways will be restored in accordance with the plans and specifications. The contractor shall possess all certifications and qualifications required to handle and transport the material (construction debris, ACM/Lead materials) to a permitted facility. All tracking documents and manifests will be provided as well as all notifications to local and State regulatory agencies. The Contractor should be aware that public access to Sill's Farm will be restricted during this project. However, this does not relieve the Contractor in any way of their contractual and regulatory obligations to protect the surrounding environment (air, soil, water) from contamination and the public's safety (LIRR, entry into site). DIVISION 1 - Page 2 of 14 DIVISION 1 - GENERAL REQUIREMENTS QUALIFICATIONS This section describes the required information regarding the qualifications of the bidder that must be set forth in bids submitted to the Town. Failure to submit information may result in disqualification from consideration. Any knowingly false statement(s) shall be grounds for termination of the awarded contract. A. This project requires appropriate licensing from the NYS Department of Labor Asbestos Licensing and Certification Unit. Copies of all pertinent licenses must be included with bid submission. B. Copies of all Pertinent licenses must be included with bid submission. C. This project requires 5 years of previous experience as it directly relates to the stated SOW. Documentation must be provided in support of the cited experience. D. This project requires proof of experience with at least one (1) project near an environmentally sensitive area such as a Freshwater of Tidal Wetlands. Documentation must be provided in support of the cited experience. METHOD OF AWARD It is the intention of the Town of Southold to award this bid to the overall lowest responsible/ responsive bidder. 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. 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 DIVISION 1 - Page 3 of 14 DIVISION 1 - GENERAL REQUIREMENTS equipment or materials within the Site Area except with written permission from the Engineer. All maintenance and protection of traffic performed on this contract shall be in accordance with the LIRR enta permit and the latest edition of the New York State Manual of Uniform Traffic Control Devices (MUTCD). 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 a 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 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. LABOR, LAWS,AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the labor 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. CONTRACT PERIOD AND CONTRACT EXTENSION The contract term shall be from date of award to the proposed completion date of sixty (60) calender days from the start of work. This contract may be renewed, upon mutual agreement between the Town of Southold and the awarded vendor, and said renewed contract shall include the Town's latest terms and conditions. The Town reserves the right to modify or terminate the contract. DIVISION 1 - Page 4 of 14 DIVISION 1 - GENERAL REQUIREMENTS MOBILIZATION The Contractor shall provide all labor, materials, equipment, and services necessary to perform the intended work. Materials and equipment required for the performance of the work may be stored at the sites only at locations and for periods of time as approved by the Town/Engineer. SERVICE 1. The Contractor shall use only qualified personnel directly employed or supervised by their company. 2. The Contractor shall take all reasonable precautions to avoid damage to property or injury to persons. 3. The Contractor shall instruct the Owner or their Duly Authorized Representative in the basic operation of systems to provide the best operating efficiency or conditions. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Town/Engineer. The Contract shall,within five(5)days after signing the contract,submit a list of proposed Subcontractors to the Town/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 Town/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 Town/Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Town/Engineer with the name and qualifications of the replacement Subcontractor for approval by the Town/Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to the 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 may relate to or govern the construction work. DIVISION 1 - Page 5 of 14 DIVISION 1 - GENERAL REQUIREMENTS 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 Town/Engineer. GUARANTEES A. Before issuance of the final payment voucher, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner,and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. 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 prices bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 -GENERAL DIVISION 1 - Page 6 of 14 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 Owner, at the lump sum or unit prices for the items listed herein. OWNER'S ESTIMATE OF QUANTITIES The OWNER'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 agree 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. DEFINITION OF TERMS A. "Friable asbestos" shall mean any friable asbestos-containing material as defined by 12 NYCRR Part 56. B. "Non-friable asbestos" shall mean any non-friable asbestos-containing material as defined by 12 NYCRR Part 56. C. "Contractor" shall mean the vendor contracted with the Town of Southold to provide demolition and/or asbestos abatement. D. "Controlled Demolition" shall mean the demolition of a structure with asbestos-containing material in place. E. "Asbestos abatement" shall mean abatement as defined by 12 NYCRR Part 56. PAYMENT ITEMS The method of payments and measurement of payments for each contract item shall be described on the Proposal Form(PF) section of the bid specifications and in the Contract itself. DIVISION 1 - Page 7 of 14 DIVISION 1 -GENERAL REQUIREMENTS Item 001 —General Requirements & Site Mobilization 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include but not limited to the following; temporary utilities, supervision and management, on-going project-related expenses, insurances, labor, materials, equipment, and incidentals necessary to mobilize (re-mobilize if needed), construction staging, meet all of the general requirements set forth under Division 1 including but not limited to project closeout activities and demobilize from the construction site upon successful completion of the project. The Contractor shall furnish one (1) lump sum cost as specified, shown on the Contract Drawings and as approved by the Owner/Engineer. 2. Method of Payment: Payments shall be made in accordance with the following schedule: a. 25% first partial payment b. 75% based upon a percentage of completion 3. Intent: This bid item shall facilitate the requirements of Division 01000 of the specification and construction operations. Item 002—Temporary Access Road 1. Method of Measurement: The Contractor shall receive a square foot payment which shall include but not limited to the following; Crushed Stone road bed, Filter Fabric, labor, materials, equipment, and incidentals necessary to Contstruct the proposed temporary access road. The Contractor shall receive the lump sum price for the installation and removal of the temporary access road as specified and shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be paid by square foot. All costs associated with the installation and removal of the temporary access road, labor, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Owner shall be included in the square foot price for this Item. No material is to remain on site once work is complete. 3. Intent: The Contractor shall complete the work required to construct the temporary access road as shown and described in the Contract Documents. Item 003—Erosion & Sediment Control 1. Method of Measurement: The Contractor shall receive the linear foot price for Erosion and Sediment Control. 2. Method of Payment: Payment for this item shall be linear foot. Compensation under this work item shall be made separately and based upon the completion of the work by percentage. All costs of erosion & sediment control, Silt Fence, labor, equipment and DIVISION 1 - Page 8 of 14 DIVISION 1 - GENERAL REQUIREMENTS materials necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 3. Intent: The contractor shall prepare the site as required to complete the work shown on the Construction Drawings. The Contractor shall install and maintain sediment and erosion control methods for use for construction and as shown on the Construction Drawings. Silt fence, hay bales, and construction entrance shall be left on site. Item 004—Unclassified Excavation & Embankment 1. Method of Measurement: The Contractor shall receive the lump sum price for the Unclassified Excavation& Embankment as shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be lump sum. All costs associated with the excavating, stockpiling, rehandling of piles, grading, labor, materials and other incidentals in accordance with the.plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. All unsuitable material shall be taken to a NYSDEC approved facility. Any tipping fee for this waste shall be borne by the contractor. 3. Intent: The contractor shall excavate and grade the site as shown on the plans and as required to avoid any disturbance to the surrounding sensitive wildlife areas. Item 005—Clearing and Grubbing 4. Method of Measurement: The Contractor shall receive the Square foot price for the Clearing_and Grubbing as shown on the Contract Drawings. 5. Method of Payment: Payment for this item shall be by squared foot. All costs associated with the clearing, grubbing, labor,materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. All material shall be taken to a NYSDEC approved facility. Any tipping fee for this waste shall be borne by the contractor. 6. Intent: The contractor shall clear and grub the site as shown on plans and to allow for proper site clearance for the proposed work to be complete. Item 006—Temporary Fencing 7. Method of Measurement: The Contractor shall receive the linear foot price for the Temporary Fencing as shown on the Contract Drawings. 8. Method of Payment: Payment for this item shall be per linear foot. All costs associated with the installation of temporary fence, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be DIVISION 1 - Page 9 of 14 DIVISION 1 - GENERAL REQUIREMENTS included in the linear foot price bid for this Item. 9. Intent: The contractor shall install the temporary fencing as shown on plans. Item 007—Structures 1-3 (Including Foundation) Removal 10. Method of Measurement: The Contractor shall receive a lump sum price for the building and foundation removals as shown on the Contract Drawings. 11. Method of Payment: Payment for this item shall be lump sum. All costs associated with the building and foundation removal, Asbestos abatment, proper transportation and disposal of asbestos materials, labor, materials and other incidentals in accordance with the.plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 12. Intent: The contractor shall remove the building and foundations as shown on plans. Item 008 - Silo Removal 13. Method of Measurement: The Contractor shall receive a lump sum price for the Silo removal as shown on the Contract Drawings. 14. Method of Payment: Payment for this item shall be lump sum. All costs associated with the silo removal, transportation and disposal of materials, labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum'price bid for this Item. 15. Intent: The contractor shall remove the existing silo as shown on plans. Item 009—Site Restoration 16. Method of Measurement: The Contractor shall receive a lump sum price for the Restoration as shown on the Contract Drawings. 17. Method of Payment: Payment for this item shall be lump sum. All costs associated with the restoration of any areas disturbed during construction, cleaning of the'temporary access road back to its original condition,Raking,Fine Grading,Topsoil and Seed,labor, materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 18. Intent: The contractor shall resotre site to its original condition before the commenment of construction. Item 010—LIRR Compliance 19. Method of Measurement: The Contractor shall receive a lump sum price for the DIVISION 1 - Page 10 of 14 DIVISION 1 - GENERAL REQUIREMENTS compliance with any LIRR permit and regualtions neccessary. 20. Method of Payment: Payment for this item shall be lump sum. All costs associated with the compliance of LIRR permit and regulations, labor,materials and other incidentals in accordance with the plan, specifications, and/or as directed by the Owner shall be included in the lump sum price bid for this Item. 21. Intent: The contractor shall comply with all LIRR regulations to complete the Work shown in the contract drawings. Alt 1 —Construction Mat Access Road 1. Method of Measurement: The Contractor shall receive a square foot payment which shall include but not limited to the following;Construction mats , labor, materials, equipment, and incidentals necessary to Construct the proposed temporary access road. The Contractor shall receive the lump sum price for the installation and removal of the temporary access road as specified and shown on the Contract Drawings. 2. Method of Payment: Payment for this item shall be paid by square foot. All costs associated with the installation and removal of the temporary access road, labor, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Owner shall be included in the square foot price for this Item. No material is to remain on site once work is complete. 3. Intent: The Contractor shall complete the work required temporary access road as shown and described in the Contract Documents. END OF SECTION 01025 DIVISION 1 - Page 11 of 14 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Controls—Barriers, protection of the work, and water control. B. Construction Facilities—parking,progress cleaning, and project signage. C. Temporary Utilities—Sanitary facilities. TEMPORARY SANITARY FACILITIES (to be provided on the basis of any local ordinance or OSHA work requirement) A. The Contractor shall provide at the site suitable enclosed toilet facilities for the 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. First Aid Facilities and Accidents B. 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. C. 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 causes death, personal injury or property DIVISION 1 - Page 12 of 14 DIVISION 1 -GENERAL REQUIREMENTS damage, giving full details and statements of the 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. TEMPORARY WATER SERVICE A. The Contractor shall provide temporary water service for construction purposes, sanitary facilities, fire protection, and cleaning. B. Potable water shall be furnished for construction personnel by portable containers. C. Water service shall be protected from freezing, and the service shall be extended and relocated as necessary to meet temporary water requirements. D. Comply with all applicable codes and arrange for all necessary inspections and approvals. E. Upon completion of all work, the Contractor shall disconnect and remove all temporary connections and fixtures. PROGRESS CLEANING .A. Maintain areas free of waste materials, debris and.rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials,debris and rubbish from the site and dispose of 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 the installation or use of temporary work. C. Restore existing facilities used during construction to the original condition. Restore- permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 - Page 13 of 14 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 workplace procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance with 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 1926—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 or 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 safe, 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 14 of 14 DIVISION 2 -SITE WORK 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 that might affect the work under the Division. TABLE OF CONTENTS -DIVISION NO.2 -SITE WORK Included in this Division are the following sections: 02050 Demolition&Removals 02080 Asbestos Abatement(Buildings) 02150 Clearing and Grubbing 02200 General condtions and Site Mobilization 02270 Erosion and Sediment Control 02320 Unclassified Excavation&Embankment 02911 Topsoil 02920 Hydroseed Mix DIVISION 2—Page 1 of 16 DIVISION 2 -SITE WORK SECTION 02050—DEMOLITION& REMOVALS 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 and/or as directed by the Town/Engineer. SCOPE In general, the demolition and removal 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 demolish,remove and dispose of all materials associated with the demolition or removals work. Such materials include,but are not limited to,Existing Silo and foundation, existing building foundations, concrete block, steel bar joists, steel framing, asphalt pavement, wood, concrete, concrete structures, piping above and below grade, crushed stone pavement, electric, water and gas services, and distribution piping and mechanical systems and equipment. B. All waste materials(No Asbestos or Non-Friable Asbestos)generated from the demolition shall be disposed of at a town/engineer approved site. All incidentals associated with transportation and disposal shall be borne by the Contractor. All transportation and disposal costs are to be borne by the contractor.A manifest shall be generated for all waste materials removed from the site. C. All friable demolition debris shall be brought to an approved waste facility. Under no circumstance shall friable asbestos be delivered to an unapproved site. The contractor shall provide proper documentation(manifest) to the Town of Southold to ensure the friable asbestos is disposed of at an approved waste facility. All costs associated with the lawful removal and carting of material shall be borne by the Contractor. D. Site demolition shall be limited as defined by the Town/Engineer. Any areas adjacent to the project limits 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 during demolition and removals. F. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. DIVISION 2—Page 2 of 16 DIVISION 2 -SITE WORK DEMOLITION DESCRIPTION AND DETAILS A. The Contractor shall completely remove all Silo material, Building Foundations paving, asphalt, concrete, and debris as directed by the Town/Engineer. All materials and debris to be demolished shall be removed and disposed of off-site at aNYSDEC approved facility. All transportation and disposal costs are to be covered by the contractor. B. The Contractor shall exercise extreme care NOT to damage the existing structures and surfaces which are to remain. The Contractor shall remove from the site all cut-offs and demolished materials and replace remaining voids and previously occupied spaces with suitable granular fill material properly compacted in place. C. Off-site disposal for all demolished material and debris shall be at a NYSDEC approved site. All 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. All transportation and disposal costs, including tipping fees are to be covered by the contractor. D. The Town of Southold shall bear the responsibility of clearing in the event of excessive debris at the site EXCLUSIVE of any and all debris associated with the demolition. END OF SECTION 02050-DEMOLITION & REMOVALS DIVISION 2—Page 3 of 16 DIVISION 2 -SITE WORK SECTION 02080—ASBESTOS ABATEMENT (BUILDINGS) DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment, and incidentals necessary to complete the Asbestos Abatement as specified herein and/or as directed by the Town/Engineer. SCOPE Perform all work in compliance with the most current version of all pertinent laws, rules, and regulations, existing at the time of work. Removal is required. The Contractor shall conduct an asbestos removal project. This must be performed by a licensed asbestos abatement contractor in accordance with all standards set forth in the Report of Asbestos Containing Materials Inspection. Prior to beginning any work under this item, the Contractor shall supply the Town/Engineer with proof that the firm performing the work has a valid asbestos handling license; that its insurance coverage whether provided by the Contractor or the Asbestos Subcontractor, is consistent with §107-06 Insurance and includes an asbestos-specific, occurrence-type policy with no deductible or sunset clause;that its project supervisor is an NYSDOL certified asbestos project supervisor; that all employees engaged in the work are properly certified and have current physical examinations and respirator fit tests; and that the proper notification of work beginning on the asbestos project has been given to the New York State Department of Labor (NYSDOL) and the United States Environmental Protection Agency(USEPA). The Contractor shall schedule a coordination meeting between the Asbestos Subcontractor and the Department contracted Asbestos Project Monitor to be held at least two (2) weeks before the start of any asbestos abatement work. The Contractor shall remove and dispose of ACMs in accordance with 12 NYCRR 56 or, if indicated, an approved variance thereof promulgated by the New York State Department of Labor (NYSDOL); the National Emission Standards for Hazardous Air Pollutants (NESHAP), promulgated by the United States Environmental Protection Agency (USEPA); and the Occupational Safety and Health Administration (OSHA). In the event of a conflict between these specification requirements and laws, rules and regulations of Federal, State, or local agencies, the more restrictive shall apply. ACM shall be disposed of in accordance with 40 CFR Part 61 and all other requirements and laws, rules, and regulations of applicable Federal, State, or local agencies. Disposal sites that accept ACM for disposal shall be permitted by the New York State Department of Environmental Conservation(NYSDEC). If disposed of out-of-state,the rules, regulations, and laws of that state shall apply. After the work is completed, the Contractor shall provide the Town/Engineer with two copies of Daily Logs, Visitor Logs, Final Visual Inspection Logs, and OSHA Air Monitoring records. DIVISION 2—Page 4 of 16 DIVISION 2 -SITE WORK The Contractor shall also provide the Town/Engineer with a written certification that the material was disposed of in an approved waste disposal site. For friable waste, this certification shall be in the form of a Waste Shipment Record. For non-friable waste, this certification shall include the name and address of the waste disposal site or sites used. END OF SECTION 02080—ASBESTOS ABATEMENT DIVISION 2—Page 5 of 16 DIVISION 2-SITE WORK SECTION 02150 - CLEARING AND GRUBBING WORK INCLUDED The work shall consist of clearing and grubbing the entire area of the project site to the limits indicated on the contract drawings and/or as directed by'the Engineer. The Contractor shall carefully protect and guard all trees and shrubs except those to be removed within or adjacent to the project site. The use of any machine, equipment or appliance on any part of the work in such a manner as to injure,sear,or kill such trees and shrubs,which are to remain,is prohibited. The Contractor shall remove all trees, brush, stems, branches, stumps, stubs, roots, dead wood, undergrowth and other objectionable material in the area shown on the contract drawings and/or as directed by the Engineer. REMOVAL AND DISPOSAL All materials cleared and grubbed shall be disposed of as follows: 1. Off-Site Disposal: Cleared and grubbed material shall be disposed of off-site at an approved New York State Department of Environmental Conservation Facility. All cost associated with transportation and disposal of material will be paid for by the contractor. 2. All uprooted vegetation from the land clearing operations shall be removed or properly disposed of within 15 days. 3. Burying or burning of cleared and grubbed material is strictly prohibited. GRADING The area cleared shall be rough graded to the lines and limits as shown on the plans and shall be left with a neat and finished appearance. The area shall be rough graded in a manner so not to cause storm water runoff to impact adjacent areas. END OF SECTION 02150 - CLEARING AND GRUBBING DIVISION 2—Page 6 of 16 DIVISION 2 -SITE WORK SECTION 02200—GENERAL CONDITIONS& SITE MOBILIZATION 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. Location B. The contractor shall work with the Long Island Rail Road (LIRR) and comply with all conditions set forth by LIRR Entry Permit EP-1444(See Appendix)with no exceptions. C. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. D. The contractor shall protect all existing structures that are not to be removed under this contract. INSPECTION A. The Contractor shall visit and thoroughly familiarize themselves 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 the start of work and ascertain the location of,all existing utilities. C. Notify and comply with all LIRR standards and requests prior to the start of work to allow for the proper movement of any equipment to the proposed work site. D. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. PERFORMANCE . A. The Contractor shall exercise diligent care to protect existing trees, structures, shrubs and under-growth not to be removed and shall replace at his own expense any such existing DIVISION 2—Page 7 of 16 DIVISION 2 -SITE WORK plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Town/Engmeer. B. All trees/shrubbery removed shall be brought to the Southold Landfill. Coordination with the Town Department of Waste management 36 hours prior to delivery is required. ADJUST AND CLEAN 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. Topsoil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from the tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. C. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. D. Material shall only be stockpiled in locations approved by the Town/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. E. Any trees damaged during demolition that are outside the area of work shall be repaired. 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 Town/Engineer. F. Where cuts expose or affect root systems of trees,the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from fin ther damage. END OF SECTION 02200—GENERAL CONDITIONS & SITE MOBILIZATION DIVISION 2—Page 8 of 16 DIVISION 2-SITE WORK SECTION 02270—EROSION& SEDIMENT CONTROL GENERAL ENVIRONMENTAL REQUIREMENTS A. The Contractor shall protect adjacent properties and water resources from erosion and sediment damage throughout the life of the contract in accordance with the contract plans & specifications. B. Inspection of all erosion control measures and drainage inlets after any significant rainfall. Accumulated silt/sediment should be removed when the depth of sediment reaches 50 percent of the barrier height. Accumulated silt/sediment should be removed from behind silt fencing when the depth of the sediment reaches 6 inches. A significant rainfall shall be defined as over 1 inch of precipitation in any consecutive 24-hour period. PRODUCTS Description. Furnish,install, and maintain silt fence as shown on plans or as directed. PREPARATION A. Review site erosion control plan attached to this section of the specifications. B. Deficiencies or changes in the erosion control plan as it is applied to current conditions will be brought to the attention of the Engineer for remedial action. EROSION AND SEDIMENT CONTROL IMPLEMENTATION A. Provide catalog cuts and information concerning the erosion control products which will be used for construction for review by the Engineer. B. Provide information concerning the installation of the erosion sedimentation control for review by the Engineer. C. Place erosion control systems in accordance with the erosion control plan, approved installation procedures and per the manufacturer's requirements. D. The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and embankment operations. The Owner has the authority to direct the Contractor to provide immediate permanent or temporary pollution control measures. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practical time to minimize the need for temporary controls. Cut slopes shall be permanently seeded and mulched as the excavation proceeds to the extent considered desirable and practical. E. The temporary erosion control systems installed by the Contractor shall be maintained as directed by the Engineer to control siltation at all times during the life of the Contract. The Contractor must respond to any maintenance or additional work ordered by the Engineer within a 48 hour period. DIVISION 2—Page 9 of 16 DIVISION 2 -SITE WORK F. Any additional material=work required beyond the extent of the erosion control plan shall be paid for by the Owner except where such measures are required to correct deficiencies caused by the failure of the Contractor to construct the work in accordance with the erosion sediment control plan. G. Slopes that erode easily shall be temporarily seeded as the work progresses with a cereal grain of wheat,rye or oats. END OF SECTION 02270 -EROSION& SEDIMENT CONTROL DIVISION 2—Page 10 of 16 DIVISION 2-SITE WORK SECTION 02320 -UNCLASSIFIED EXCAVATION AND EMBANKMENT CLASSIFICATION Classification of excavation: Excavation shall be unclassified, and the term "unclassified excavation"shall be understood to mean any and all materials encountered during excavation work including structures, pavement, trees and stumps, foundations, retaining walls, earth, piping, demolition, drainage systems, etc. GENERAL SITE EXCAVATION A. The Contractor shall cut to exact elevations, grade and transport excavated materials to fill areas of the site if the material conforms to the specifications and/or as approved by the engineer. Material, which is unacceptable to the Engineer, shall be disposed of at the Contractor's expense. B. Unstable soil shall be removed and replaced with sand or gravel and shall be thoroughly compacted. C. Adequate provision shall be made to intercept or divert all surface water from the areas of construction operations and designated wetlands. D. The Contractor shall establish a construction grid for the areas of proposed excavation and grading to establish all stakeout, layout, and elevations necessary to perform the intended construction. Surveying shall be performed by a Licensed Land Surveyor acceptable to the Engineer. All instruments,equipment,stakes and any other material necessary to perform this work satisfactorily shall be provided by the Contractor and approved by the Engineer. EXCAVATION FOR STRUCTURES: A. Depth: As indicated B. Clearance: Sufficient for formwork or other work to be performed. C. Embankments and Berms: Excavate to angle of recline or provide sheeting, shoring and bracing required for containing earth bank. D. Excess Depth: Carry footing and foundation walls to undisturbed soil. E. Loose Material and Debris: Keep out of excavation so footings will rest on solid, undisturbed soil. F. Protect against frost until concrete is poured. G. Soil Bearing Capacity: Do not proceed with pouring footings until nature of soil under footings DIVISION 2—Page 11 of 16 DIVISION 2 -SITE WORK has been inspected and approved by the Engineer. EXCAVATION FOR PIPES AND CONDUIT Trench excavation to depths and widths as indicated on the contract drawings and or as directed by the engineer. END OF SECTION 02320 -UNCLASSIFIED EXCAVATION AND EMBANKMENT DIVISION 2—Page 12 of 16 DIVISION 2-SITE WORK SECTION 02911 —TOPSOIL DESCRIPTION A. 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 Town/Engineer. B. The Contractor may stockpile and use existing onsite topsoil and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Town/Engineer the following for topsoil from both onsite and offsite sources: 1. Test results and recommendations for modifying soil by an approved agricultural laboratory. 2. Test results including the percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, pH value, and gradation. MATERIALS A. Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from the subsoil, stumps,roots, brush, stones, clay, lumps or similar objects larger than 1" in greatest diameter. The organic content shall not be less than 5%or more than 20%as determined by loss on ignition of moisture-free samples dried at 100 degrees. B. The pH of the topsoil shall be between 5.5 and 7.6. C. All topsoil shall meet the following mechanical analysis: Percent Passing 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 D. 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. E. All percentages shall be based on the dry weight of samples. DIVISION 2—Page 13 of 16 DIVISION 2 -SITE WORK CONSTRUCTION DETAILS A. No topsoil shall be spread until the subgrade elevations and the topsoil have been verified by the Contractors surveyor and approved by the Engineer. B. 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. C. The Contractor shall rake and fine grade all areas within the contract limit lines. All equipment tracks, depressions, etc., shall be graded smooth. D. The Contractor shall amend soil as required to the recommendation of an agricultural laboratory. E. The Contractor shall supply required erosion control to protect the contract area. Any erosion, which may occur during construction, shall be repaired by the Contractor at no additional expense to the Town. END OF SECTION 02911 -TOPSOIL DIVISION 2—Page 14 of 16 DIVISION 2 -SITE WORK SECTION 02920—HYDROSEED DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary to apply hydroseeding, amend the soil and establish an acceptable stand of grass as specified, shown on the Contract Drawings and as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, i.e. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1-year maintenance) MATERIALS A. The seed mixture should be as follows and applied at a rate of 150 pounds per Acre: 35% Care Free Tall Fescue 35% Cavalcade Tall Fescue 15% Affinity Perennial Ryegrass 15% PS 8990 Perennial Ryegrass B. All fertilizer and lime shall be of commercial grade. C. A 100%wood fiber mulch binder should be incorporated into the seed mixture at a rate of eight (8)pounds mulch per one (1) pound of seed. D. The 100% wood cellulose fiber mulch binder should meet the following requirements: Organic Matter 98%±2% Ash Content 1.4% pH 6 ±2 Water Holding Capacity 90% minimum DIVISION 2—Page 15 of 16 DIVISION 2 -SITE WORK CONSTRUCTION DETAILS A. Any existing vegetation determined by the Engineer to be unsuitable shall be removed by the Contractor prior to installing jute or erosion control mat. B. Seeding shall be done between April 15th to June 15th and September 1St to November 15tH C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a continuous non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for ruse and no compensation will be made for seed so rejected. F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one-half(2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re-seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, protect if necessary, the areas until a satisfactory stand is obtained. G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed,the affected portion shall be repaired to re-establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. END OF SECTION 02920—HYDROSEED DIVISION 2—Page 16 of 16 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY a Stony Brook,50 Circle Road,Stony Brook,NY 11790 P-(631)444-03651 F (631)444-0360 www.dec.ny.gov August 11, 2017 Town of Southold PO Box 1179 Southold,NY 11971-00959 Atfn: John Sepenoski, Land Management Coordination Re: NYSDEC Permit#: 1-4738-04540/00001 Bay to Sound Integrated Trails,Pipes Cove Rd to CO Rte 48, Greenport Establish Walking Trails, Boardwalks, Observation Blinds, Clean Up Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 1) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions,please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kevin Kispert Environmental Analyst II Enclosures KAK/filc cc NYSDEC Habitat NYSDEC MHP Nick Gibbons,Suffolk County Parks NEwYORK Departmentof STwTF OF UVPO4TUNfY Environmental Conservation AM dbwi NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility-DEC ID 1-4738-04540 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information r Permit Issued To: Facility: TOWN OF SOUTHOLD BAY TO SOUND INTEGRATED TRAILS PO BOX 1179 BETWEEN PIPES COVE& CO RTE 48 SOUTHOLD,NY 11971-0959 GREENPORT,NY 11944 (631) 765-1283 Facility Permit Contact: SUFFOLK COUNTY DEPT OF PARKS PO BOX:144 ATTN;'NICHOLAS GIBBONS WEST SAYVILLE,NY 11796-0144 (631),854-4949 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: SOUTHOLD Facilit._Principal Referen_ ce Point: NYTM,E: 719.742 NYTM-Nr 4552.239... - La'tifude: fI°05'30''1 Longitude: 72°23'0 �E1 .2" Authorized Activity: stablisli walking trails via selective trimming and.limbing, replace one.4''wide boardwalk,ai d:construct seven new 4' wide'boardwalks 18" above grade,construct two.'8•''by 8' observation blinds, demolish and remove dila pidated.farm buildings, remove 2500"§f of concrete/asphalt from Old Main Road, remove existing concrete arch, nsfall:-a•60'.by.-6':pf6 made footbridge over Moore's Drain and establish plantings of appropriate native vegetation. All work must be done as described in the attached Bay to Sound Project Description, and as shown on the attached Overall Site Plan and Detail Maps#s 1 — 11 dated 5/18/17,the Site Cleanup Map dated 7/5/17, and the Mitigation Area Maps pages 1 - 4, last revised 7/17/17, all prepared by John Sepenoski,Town of Southold, and stamped '.'NYSDEC-Approved"on 8/11/.17... :_ -- - Permit Authorizations Freshwater Wetlands - Under Article 24 Permit ID 1-4738-04540/00001 New Permit Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Tidal Wetlands - Under Article 25 Permit ID 1-4738-04540/00002 New Permit •Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Page 1 of 7 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 NYSDEC Approval By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator:ROGER EVANS;Regtonal Permtt Administrator Address: NYSDEC'Region 1 Headquarters SUNY @ Stony Brook150 Circle Rd Stony Brook Y 11 0 -3409 Authorized Signature: Date Distribution List SUFFOLK COUNTY DEPT OF PARKS Habitat ` Marine Habitat Protection KEVIN A KISPERT -__�•: `� Permit Components NATURAL RESOURCE PERMIT CONDITIONS� :; _..•4- GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 5/8/2017 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits:- FRESHWATER WETLANDS; TIDAL WETLANDS t. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John Sepenoski, Town of Southold, and stamped "NYSDEC Approved" on 8/11/13. Page 2 of 7 r Ask NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION �r Facility DEC ID 1-4738-04540 2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned,along with photographs of the completed work. 4. Work Area Limits Any work, disturbance, and or storage of construction materials shall be confined to within the:lunit of clearing and ground disturbance shown on the approved plan. .ry �y 5. No Equipmen'fiin Wetland Heavy equipment, including bulldozers, backhoes, payloaders,etc., shall not be op'e'rated in the wetlands. ti r':✓ 1 6. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from constructibn of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer`areas. 7. Materials Disposed at Upland Site Any demolition debris, excess construction materials, and%r exces's excavated.materials shall be immediately and.completely disposed of on an•approved upland stite more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as: notre . enter anywater body"";,wetland, or wetland-adjacent area: • - - -:...-__�..._ �._-.__._f ` 8. Storage of•Equipmerit;lVlaterWa ,The storage of construction equipment and materials.shall'bF confined.wittiin the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. : K 9. 'Wood Preservatives/Pressure Treated Lumber Restrictions Pressure treated wood used for ;t construction of structures within the wetland must have undergone a treatment process approved (stamped or otherwise marked as certified) by the American Wood Preservative Association. The use of-creosote_treated.wood is..prohibited both,in the water and upland areas..... Wood treated -wifhPent'a: hlorophenoI (PCP) must riot be used.in marine or brackisliwaters: Chromated Copper Arsenate (CCA), Alkaline Copper Quaternary. (ACQ)', or Micronized,Copper Quartemary (MCQ) pressure treated wood must be clean and free of CCA, ACQ, or MCQ surface deposits. Wood with surface deposits must be washed for at feast 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. Cutting of treated lumber must be greater than 100 feet from any regulated freshwater wetland. Any wood debris such as sawdust or wash water must not enter any water body, wetlands or protected buffer areas. to. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than48 hours shall be contained by a continuous line of staked haybales/silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. Page 3 of 7 Am r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 I1. Erosion Control Required In stream or upland erosion control must*be used as needed at the stream daylighting portion of the project. Any soil that enters the stream must be removed immediately. No downstream turbidity is permitted. 12. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 13. Seed,Mulch Disturbed Areas All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project,within two days of final grading,or by the expiration of the permit, whichever is first. 14. Temporary Mulch,Final Seeding If seeding is impracticable'due,,to the time of year, a temporary mulch shall be applied and..final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 15. Planting Required All that area of the newly created banks of the daylight stream•-(restoration area 3) and all of the disturbed area of restoration area 2, as shown on the approved plans must be planted with a mix of shrubs. Shrubs must be native, wet tolerant and a minimum of 3 gallon stock.�Shrubs must be planted;,feet on center. Those same areas must be seeded with a native perennial seed mikat a rate of 15 lbsper acre. Planting and seeding must be completed within 6 months of the daylighting of the stream. ,f •� Acceptable shrub species include: highbush blueberry,pussy willow, arrowwood, swamp azalea, sweet pepperbush,spice bush, bay berry, inkberry, winterberry, and chokeberry. Other spices of native, wet tolerant shrubs may also be acceptable. Many of the species listed are sufficiently shade tolerant except for bay,berry:=Permit holdermust contact:this•office:,to=discuss:other4species=of shrub--In-addition;permit holder may choose to_.plant,a_dditional tree species. Trees must be native, wet tolerant and a minimum of 3 gallon stock::Trees should be.planted:about 15 feet on center.Tree planting does not reducd=the density -of'shrubs required. Acceptable tree species include: red maple, tupelo and.black willow. Other, spices of native, wet tolerant trees may also be acceptable.Permit holder,musfcontact this office to discuss other species of trees.No cultivars of trees and shru6s'are'accepfable. 16. Minimum % Vegetative Cover Suitable vegetative cover is defined as a minimum of 85 % area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 17. 2 Year Plant Survival All plantings shown on the:drawings made-a part of this-permit must survive for a minimum of two growing seasons. If mortality exceeds,ten percent,,or bare areas occur, dead plants must be replaced. Page 4 of 7 AAk r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-04540 -18. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 19. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 20. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of ariy wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,paints,concrete, leachate or any other environmentally deleterious materials associated with the project. 21. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the.structure or work herein authorized which may be caused by or result from future: operations'undertaken by the State for the conservation or improvement of navigation,or for other purposes; and no claim or right to compensation shall accrue from any such damage. GENERAL CONDITIONS - Apply to ALL Authorized Permits: t. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site.or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 5 of 7 v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include.any-forms or supplemental information the Department requires. Any renewal, modification or•transfer granted by the Department mu'st-be-in,writing. Submission of applications for permit renewal,modification or transfer are to be submitted Regional Permit Administrator ,NYSDEC Region 1 Headquarters SUNY @ Stony Brookl50 Circle Rd Stony Brook,NY 11790 -3409 4 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands,Tida Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Departmeni resesthe right to exercise all available authority to modify, suspend or revoke this permit. The grounds=for=modification;—suspension-or a. materially false or inaccurate-statements in the permit application or supporting,papers; ;FiJ r�failure by the permittee to comply with any terms.or^eonditions,of the permit; c exceeding the scope of the project as described in the permit application; ? .i d. ;.newly discovered material information or a material change in environmental conditions, r.: relevant technology or applicable law or regulations since the issuance of the existing,permit; e. noncompliance with-pieviougly issued'petmit conditibiig;=o"rd"ers of tlfe-coiininissibAef-,any provisions of the Environmental Conservation Law or regulations of the Department.FT,elated to the permitted activity. S 6. Permit Transfer. Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. r Page 6•of 7 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION aw Facility DEC ID 1-4738-04540 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the-State of New York, its representatives, employees, and agents ("DEC") for all claims,,suits,actions,and damages;to-the-extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking�of activities in connection with,or operation and maintenance of, the facility or facilities authorized by-16-permit whether in compliance or not in compliance with the terms and conditions of the permit. This'indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts:or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 ofAhe New York Civil Practice Laws and Rules or any citizen suit or civil rights'provision under federal or state laws. ifs Item B,?Permittee's Contractors to Comply with Permit r.? The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permi ttee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the pernittee� Item C: Permittee Responsible for Obtaining OtherRequiredPermits The permittee�isxesponsible for o6faining any other permits, approvals, lands, easements,and_ ..rights=of way that,r6be required to carry out the'acti.vitie's that are authorized by this permit:: Item D: No Right to Trespass or Interfere with Riparian-Rightsr This;permit does not convey to the permittee any right to trespass upon the lands or interfere with the-' ripar' an rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the , permit:' Page 7 of 7 NOTICE OF COMMENCEMENT OF CONSTRUCTION AM RETURN THIS FORM TO-COMPLIANCE Or Fax to 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Road Stony Brook,NY 11790-3409 PERMIT NUMBER EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS. CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and.all permit conditions. We have inspected the project site and can complete the project as described in the-permit and as depicted on the approved plans. We can_ do so in full compliance with all plan notes and permit conditions.The permit,permit sign,and approved plans will be available at the site.for inspection in accordance with General Condition No 1 (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS-NOTICE,POST THE PERMIT SIGN, OR HAVE THE•PERMIT AND APPROVED PLANS AVAILABLEAT THE'WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631 444-0297 AM_ Bureau of Marine Habitat.Protection-NYSDEC 50 Circle Rd. Stony Brook,NY-1'1790-3409 PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS:_ r CONTRACTOR NAME&•ADDRESS: TELEPHONE: Pursuant to special conditions.of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. Bay to Sound Project description for NYS DEC Permit application The Bay to Sound project is expanding the public trail system in the Pipes Cove area of Green port and opening up an additional 115 acres of open space owned by the Town of Southold and/or Suffolk County Parks to the public. The following elements are included in the'expansion: 2.4 miles of newly created trails. These trails have been designed to minimize the removal of vegetation, however some removal,trimming and limbing will be required. NYS DEC has identified three areas suitable for mitigation and these areas will be planted with species recommended by NYS DEC to mitigate the vegetation removed. See the attached maps for details on the mitigation areas and the levels of trimming and limbing needed. Area 1 is the demolition and removal area described below. For this area it not expected that the entire area will be planted. The.demolition contractor will be responsible for leaving the area in a condition suitable for the new trail to be created and allow for plantings but it is expected that some of this area will be allowed to revegetate naturally. Area 2 is located on the Suffolk County Parks parcel at the corner of Route 25 and Pipes Neck Rd. An illegal shed was built in this area and Suffolk County Parks had the owner remove it. ' When it was removed they clear cut the vegetation in order to move the shed onto their property. This clear cutting creates an attractive nuisance as it now appears to be a trail. The plantings here will consist of larger shrubs and possibly trees that visually make it clear that it is not a trail. Area 3 is the day lighting of Moore's Drain area described below. The construction of eight boardwalks. One of these boardwalks will be replacing an existing one and the other seven will be new. These boardwalks will be four feet wide and total 230 feet in length. Of this length 148 feet will be over delineated fresh water wetl'ands. Sections to be installed over wetland areas will be constructed with open decking material 18 inches above the wetlands. Two 8' by 8' observation blinds with stairs. Both will be constructed in upland areas within adjacent areas to mapped wetlands. Two trees and a shrub will be removed in order to open up the view of the freshwater swamp at one of the blind locations. Three trees and a shrub will be removed in order to create enough room for the blind at the pond on the Sill property I Demolition and removal of old and unsafe farm buildings and associated trash. These buildings are all located in an upland area that is within the tidal wetlands adjacent area. The buildings include a silo which has partially collapsed,a dairy barn that has completely collapsed, a storage barn that is partially collapsed,a shed foundation,and labor housing that has mostly collapsed. The associated trash includes a junk boat and trailer, some farm equipment and typical contents of the buildings This area will be restored with native plantings. Daylighting of Moore's Drain at Skipper Horton Park: • Remove approximately 2500 square feet of concrete/asphalt from Old Main Rd • Daylight approximately 90 feet of Moore's Drain by removing concrete arch. • Naturalize stream bank to match adjacent sections of Moore's Drain • Plantings in restored areas • Install an approximately 60 foot long and 6 foot wide premade aluminum footbridge over Moore's Drain to provide access to the park from the eastern parking area NYSDEC APPROVED AS PER TERMS AND CONDITIONS OF PERMIT NO. 3 9'0 S l ac,&F DATE 1 Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails Preserve Ren w w,.n p as•»itaes, i 1r.. apa^J.ik�..• ,. 14 A^.+W wWYaa f�� Yt 3ci•awix�w. � a} ` i t .+ 3 r' i � vi *►t 4' HM # sareq.)rn x �'2 eesaatow •b.... ti. r � iapun:rr) t ,l�Z a •+~ �+ 1 + ]pilwia iJ HM ' r. r � ti';r. � � 'f 1► MI Arw 41 .,A;•"-�. y�.tis of � �.� ,� ��' ��, � ;.. + �~ Hm Zli� 1 71 `J � / �:"'i � � '�i •11..�t.,��'� , 3 H� "!�`'' Ili � e DEC Tsdal Wettands \ Map prapam,ty prop0aa41nfrdSVuclure 4 .Aft Sewoski Town ofSoumold TaxMap1� May 15 2017 Proposed TIa::S t y, &ftk County Real Prope ly Taz Se ce nya,c Exlatin Tra is AREiS and Taz Map Cooynpn 20!T. D Lamy of auftl ,NY DEC Fresnwaterweands 1 inch=5D0 feet 1 Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails r . ON AF Y• • i '�► 7 t. t �• t •. r. 4 j' "'A r, 5O-2 s e j• At . Z271 �.. J _ Al i t ��N►d.MeewY�w..Nnut.d DEC Ta.1 WW,da Location-Arshamomaque Preserve Detail Map 1 or D.n Lem ill tAY7n T QPrw.m ewnenes Umb of Owdirr}Grrne and T.wn Tax Map#1000-45.-1-9.1 p Bund Oaf..bu+n Aup.a.d�1h triructu. Replace existing boardwalk 32'0 Wover wetlands) a.c"»o.... x. . nn 9.gnoN.town al lounofd .-Rddn.NTe.6 Owner:Town of Southold&Suffolk County Parks U"7 2017 Sun.►County Reja pfarsnrMFISW '0 5.n�u A9►rc r �" T110 Scale: 1 inch=25 feet Cu,*,,*,.w r"a wa eeor�aK +T cosOay.nr DF.0 flt.nw.0.r Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails >t j rX 41f, ISI y � _ t ✓ R ►"r r r """'ne8°^•'^"""niiti° °£`'daiW1 n0i Location Arshamomaque Preserve Detail Map 2 .,•••q,Gan Laero ln71Mn7 �° P�eians 8ouroataa .—.f o.w na asrny.aM Tax Map#1000-45-1-9 1 Ja,-aawJn�a 7a.wo Boardwalk over drainage ditch 20°over wetlands "^0 P'•°wfO°r �t'/eWi°C HH a.e.sa.e bhn 9e°eneta.is«n of i"Jnora A os+aea rn. Owner:Town of Southold&Suffolk County Parksee Pa• 707ear 7 l�rtora UuneT Rm0.nr T a.SH+ .<. Us"' Scale: 1 inch=25 feet w7rrs,ner..wpcoarr,yn7o�r Ceu,ry a+s�a.•.wr 7C:insnw»r Nbt�aea° Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails yV �k 4 FC l �.•.-.�, : �z�:�_.:« o�c��a�.:��+n�� Locaaor..Arshamomaque Preserve Detail Map A rx.,i .r.rr.6",rig �Rasarv�Younaa,n �nw of yrado•f.awr>,a arb Tax Map#1000-45.-1-9 1 pwn�dNueny Tu Map Q RCaoaad ir«�ruce.. Boardwalk over drainage ditch 20'(18'over wetlands) �'•z'1bPx�tla� JtlM 8ad�aM 'own of 8e,inw9 afire RopoaOd inH Owner:Town of Southold 6 Suffolk County Parks u.Y+e,2017 SUSOW Coon"Raal Prapary 7a>r lary Ka Aparcy Exw n„Tra,r Scale: 1 inch=25 feet fit!is and Tar Map CoPW,9m 20A Co,,',0f:atom NY DEC f wi h>.ar r NMfands Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails .i:. .� "•�� sit s ,. r. All #yN - a VT I Y 44' s 1 . SO-2 i s "1r •x �i Hwn.ne e.unr«..¢..n.na aea r,a,w.w,o. Location.jaunty Chapel Ln parcel Detail Map 4 ' q o.n�.+.,n>.Y>l•7 oP.ssrve Bwndr..• c..aasn�«a...1nt•«• rret.n Tax Map#1000-45.-1-10 pond 0.4.D11N Boardwalk over drainage ditch 22'over wetlands P¢ODSm�tMrrtruCGt. Jona a.wn4al i¢wna 9aitnald PSpo.H t,aa• Owner. Suffolk County Park$ Mw+e.2017� Su.oh rewn'+RSM Pro6•M Tu i.mn�i.rc r [runpr+Y. Scale Iinch=25 feet eti.:s.ndr..w ceprroN�a+r w�rcy�!sea.N DEC F1.0-1.1 VV~d. _ Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails ga q► vv W,.OV AP SO-15 � y l s• j v' ' •� C rl► , HM ot f tea.n ' f.�+.- t�• � �� t• ��+ 1 41. °KT°''' Location:County Milazzo parce: Detail Map 5 ��gC7M Uaa 77!1{Ylnl ®haaena Bnt,n3s c. U—otgoom{4rmp antl TwWY Tax Map#1000-53.-1-9 gouM1d tlatutlna4.y I•Iablatl 9y Boardwalk over drainage ditch 16'(9'over wetlands) rrnn B,pnoi►.�uwnc�soJ,NO Naoe..tl rr{a{ Owner:Suffolk County Su{opt C,ou!Hy Parks G... Raal PtaD.rry T.Swr.ca AgarF) E' o.an{nr Scales 1 inch=25 feet C ou+Y.f u.tan caor�yro 2o�� :7EC FnanM.t�wrnantla Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails $ ' Ir off 41 ♦wr .~ � * -� r� Fri y- \ �• •. r • i W E K ; w.a.nd eawid.ard.m N+.d DEC'd.�w.d.ad. Location'County Milazzo parcel Detail Map 6 4'Csnl.—I"7fyi w At -JAW 'M►. �`r Lz�..{ is F ' • --------------------- SK a Akf ofphra�m�te� f j. a \'` � a -" �T'�' •fir - J '�p � • �t� Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails f• r r •y' D A t FC i 1T of�cI'm W. ft" Location:Manor Grove Detail Map 8 3Roa.Jroe 80 n1.ea „mc.e+yaa�n,�aw:.ng.ana raa�eP Tax Map#1000-53.-1-1.7 Yana aw;rbena M.v P.P..aby r.. �RamaeAlAlrsPUGeea observation blind#1 in adjacent area(50'from freshwater) ito.sopmwf zb.,nm Mo ea,ene;a L_..._.1 Mr!20,1 Rnpa.oa s,axa owner:Town of Southold&Suffolk County Parks ss*;k C—ty Real PmPAAY F"3-Age=Y &Owgri Scale: t inch-25 feet C,um� tukeP•R +7At". Hy !7&C irysAweYx 4MManda AO' e! 3'�1,•ad :�' p. " :. _� :�. ,� a v •+�"� i.I � ./•"l/r. •} �'M�+� � a /ISP.K K. y.41t ( f � r # ♦ } .S s 1 a .r 111 Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails a 46 IX i' J[ r err t atm t 4 � v ��wruaeas..ad.a.om.nn.d 0ECTru1wenea. Location:Sill Detail Map 10 �,nn U D.n?.�"r7nra»n7 alpndw!p.ar:aa.nd c3lih.arw 8oundrw. Tax Map 01000-45.-5-4 ymed 0."voru To Y.Y --- Observation blind#2 n John Ssp.h9.kadjacent area ""'0 P I.WINY ,ipp0..o 4Yrr..aluf. .10-01 southow �apr.e7,.r Owner.Town of Southold µ"is.2017 &rfdolA CowKy 73YReal M*VDrop MY T.a 6.rvu.Ap.rcY EIS6ranp ir,aa Scale 1 inch-25 feet CCaauuMy aP SuftK,NY a,""pM?D 77 DEC F..0wuur'"wa..d. STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1001150 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ® Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: ® New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 LI 17-LWRP-3 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 © Municipality, Code: PO Box 1179 ❑ Tribal Nation Southold,NY 11971 ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: ® Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 ® Check if same as primary mailing address ❑ Sectarian Entity Contract Number: ffC1001150 Page 1 of 2,Master Grant Contract-Face Page STA'T'E OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 8/1/2018 TO: 6/30/2023 contract; Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 8/1/2018 TO: 6/30/2023 CURRENT: $120,000.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: M 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 M Attachment B: M 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: `York Plan M Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1001150 Page 2 of 2,Master Grant Contract-Face Page 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 PO Box 1179 99 Washington Avenue—Suite 1010 Southold, NY 11971 Albany,NY 12231 By: By: Judith E. Kenny - 5 C>�-a"ZU SSo U � Printed Name Printed Name Title: a Titl NYS Department of State Pbir is ration Date: Date: STATE OF NEW YORK COUNTY OF ,V44,o I k On the lob- day of_N�j Ak.,R bOr @pit , before me personally appeared 6 CO& a , -kU ' p u to me known,who being by me duly swom, did depose and say thate/ a re sat &,coq C� kj •a_y , that tele he is the ,, JLAO ra'�LY of the _tQ(P the contractor described herein which executed the foregoing instrument; and that&he signed his/her name thereto as authorized by the contractor name on the face page of this Master Contract. LAUREN M.STANDISH (Notary) �(,(,� `Tn .. �,rlcgh Notary Public, State of New York No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE By: By ' qA R O vo- S q Ey FOR OEPj pF NI nted Name GE�ERq TitleTitle:vul : 1 Date: 2018 Date: AS N TA7-�6RNC.MAGG1 F() EY GENERA` Contract Number: 4C 1001 150 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:#c1001150 Page ] 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). Z To 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 I(V). Contract Number:#cloo11so 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-1 (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:# c1001150 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:# c1001150 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The term "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 3 A 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. Contract Number:# c1001150 Page 5 of 25,Master Contract for Grants-Standard Terms and Conditions 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. II. 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. Contract Number:# 0001150 Page 6 of 25,Master Contract for Grants-Standard Terms and Conditions C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract may be 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 Contract Number:# c1001150 Page 7 of 25,Master Contract for Grants-Standard Terms and Conditions (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 Contract Number:# c1001150 Page 8 of 25,Master Contract for Grants-Standard Terms and Conditions as the State issues a formal written notice authorizing a resumptiori 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 11-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,l 1-B of the State Finance Law. Contract Number:# c1001150 Page 9 of 25,Master Contract for Grants-Standard Terms and Conditions 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. If 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). Contract Number:# C1001150 Page 10 of 25, Master Contract for Grants-Standard Terms and Conditions 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. f) 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. 6 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:# c1001150 Page 1 1 of 25,Master Contract for Grants-Standard Terms and Conditions and service reports shall be used to determine funding levels appropriate to the next annual contract period. h) Fifth Quarter Payments:$ 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 8 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. Contract Number:# cloo115o Page 12 of 25,Master Contract for Grants-Standard Terms and Conditions 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-1 (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 iti a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# c1001150 Page 13 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:# c1001150 Page 14 of 25,Master Contract for Grants-Standard Terms and Conditions (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:# c1001150 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions 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 Contract Number:# c1001150 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:# 0001150 Page 17 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:# c1001150 Page 18 of 25, Master Contract for Grants-Standard Terms and Conditions (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:# 0001150 Page 19 of 25,Master Contract for Grants-Standard Terms and Conditions 1 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: 1. 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:# C1001150 Page 20 of 25,Master Contract for Grants-Standard Terms and Conditions 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 workforce on State contracts; 3. The Contractorshall 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, Contract Number:# c1001150 Page 21 of 25,Master Contract for Grants-Standard Terms and Conditions 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:# c1001150 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:# c1001150 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions 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. Contract Number:# 0001150 Page 24 of 25,Master Contract for Grants-Standard Terms and Conditions 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. 9 Not applicable to not-for-profit entities. Contract Number:# c1001150 Page 25 of 25,Master Contract for Grants-Standard Terms and Conditions ATTACHMENT A-1 AGENCY AND PROGRAM SPECIFIC TERMS AND CONDITIONS I. Agency Specific Clauses (revised 7/27/17) 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:#C 1001150 Paae 1 of 20.Attachment A-1 —Pro�Lyram 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: #C 1001150 Patye 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:Hdbr.labor.state.o.us/EDList/searchPase.do); (2) is listed as an entity debarred from federal contracts (available at: https•//www.sam.yov/portal/public/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:Hdbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (list availableat: https•//www.sam.pov/portal/public/SAM); or (3) fails to maintain requisite workers compensation or disability insurance coverage (see hgp:HNww .wcb.ny_gov). 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: #C 1001150 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 he 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.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https:Hportal.osc.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:#C 1001 150 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@dos.nv.gov Contract Number: 9C1001150 Page 5 of 20. Attachment A-1 —Program Specific "Ferns and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 54375 State Route 25 PO Box 1179 Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: Scott.russell@town.southold.nv.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: 9C 1001150 Page 6 of 20. Attachment A-1 —Program Specific"berms 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/FrontEndNendorSearchPublic.asp. 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. The Department's New York State-certified, Minority and Women-owned Business Enterprises ("MWBEs") utilization goal is 30%. For purposes of this Contract, the specific overall MWBE goal and the breakdown between the Minority-owned Business Enterprise ("MBE") and the Women-owned Business Enterprise ("WBE") utilization 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/Fro'ntEnd/VendorSearchPublic.asp. 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:#C1001150 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: #C 1001150 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: 9C 1001150 Page 9 of 20.Attachment A-I —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`h 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 1001 150 Page 10 of 20.Attachment A-I —Program Specific Terms and Conditions j 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.aW. 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: #C 1001 150 Page 1 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://ogs.ny.g_ovNeterans/. The Division of Service-Disabled Veterans' Business Development (DSDVBD) is housed within the 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@ogs.nv ,gov, or the DOS Division of Affirmative Action Programs—SDVOB Program at Maria.Herman&dos.ny.gov or Api.Ohouo(@dos.nv.gov. The directory of certified SDVOB vendors can be found at: https:Hog_s.ny.govNeterans/Docs/CertifiedNYS_SDVOB.pdf. Contract Number: 4C 1001 150 Page 12 of 20_ Attachment A-] —Program Specific Terms and Conditions I1. Program Specific Clauses(revised 2/1/18) A. This Agreement has been entered into pursuant to the following understandings: 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 I 1 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. 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: �IC 1001 150 Page 13 of 20, Attachment A-1 —Program Specific Terms and Conditions f 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 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. i 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 Contract Number: #C 1001 150 Page 14 of 20. Attachment A-I —Program Specific Terms and Conditions Department; shall be endorsed to provide written notice be given to the Department, at least thirty (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 insureds 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. Contract Number: #C 1001 150 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions 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. 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 Contract Number: #C 1001 150 Page 16 of 20,Attachment A-I —Program Specific Terns and Conditions 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. 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 project, 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 Contract Number:#C 1001 150 Page 17 of 20, Attachment A-1 —Program Specific Terms and Conditions 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. 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 ArcInfo/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 to a 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. Contract Number: #C 1001150 Page 18 of 20,Attachment A-I —Program Specific Terms and Conditions 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. 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 for digital 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 scales such as 1:9600; 1:50,000; 1:75,000; or ]: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 i 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 jitems 1 - 6 in the map criteria set forth in the Additional Digital Cartographic File Requirements section outlined above. Contract Number: #C 1001 150 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions 4. Contract Database Standards a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. 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. 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:#C 1001 150 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1 —EXPENDITURE BASED BUDGET Budget Summary: A. Salaries $8,089.02 B. Travel $0.00 C. Supplies $1,446.84 D. Equipment $0.00 E. Contractual Services $120,000.00 F. Other $30,464.14 Total Project Cost: $160,000.00 Total State Funds $120,000.00 Total Local Match $40,000.00 MWBE Goals: State funds subject to MWBE goals $120,000.00 MBE Goal: 15% $18,000.00 W BE Goal: 15% $18,000.00 i A. SALARIES (including fringe benefits) Title Salary Amount Charged to Project GIS Technician $104,757.00 $4,210.67 Town Engineer $125,223.00 $3,119.20 Stormwater Manager $92,164.00 $292.88 Executive Assistant $118,823.00 $412.25 Maintenance Mechanic $50.61-$57.09 per hour $54.02 SUBTOTAL $8,089.02 B.TRAVEL — - SUBTOTAL $0.00 C. SUPPLIES Plants and seeds for restoration of clean-up area............................................................$1,330.00 Project sign as required by NYSDOS...........................................................................$116.84 SUBTOTAL $1,446.84 D. EQUIPMENT SUBTOTAL $0.00 E. CONTRACTUAL SERVICES Demolition and disposal of materials.........................................................................$90000.00 Subcontractor: To be determined Long Island Rail Road temporary at-grade crossing.......... .........$30,000.00 Subcontractor: To be determined SUBTOTAL $120,000.00 F. OTHER Land acquisition match for Town purchase of open space...............................................$29,945.00 Volunteers for plantings and trail work$15/hr............................................................... $519.14 SUBTOTAL $30,464.14 ATTACHMENT C - WORK PLAN Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 1. Project Description The Town of Southold(Contractor)will continue to implement the Peconic Bay to Long Island Sound Integrated Trails Initiative by removing dilapidated buildings and debris from a waterfront property,planting native species and creating 0.3 miles of trail to provide public access to the site and adjacent tidal creek frontage. The new trail will connect to trails previously constructed through the initiative to create a trail system stretching from Long Island Sound to Peconic Bay. The Town of Southold will facilitate removal of dilapidated agricultural buildings and debris from a newly acquired parcel. Following clean-up the site will be revegetated with native plantings and a 0.3 mile segment of trail will be constructed by the Town and Volunteers to provide public access to the site and adjacent tidal creek frontage, which supports water-dependent uses including shellfishing. Trails on this property will be connected to trails constructed in Phase 2 of the Integrated Trails Initiative. The Peconic Bay to Long Island Sound Integrated Trails Initiative Phase 3 fulfills the Town's goal of expanding the trail systems within the Greenport area and linking Town, Village and County properties. The dilapidated buildings are dangerous and the Town cannot open the property to the public without cleaning them up. Buildings to be removed include a collapsed large dairy barn, a partially collapsed silo, a storage bam with a collapsed roof, a large shed foundation, and a partially collapsed farm labor house. Volunteers will clean up typical trash unrelated to former farm use and will conduct plantings to restore the site to a natural state, in accordance with State requirements. Access to the site will be provided by a temporary at-grade crossing over the Long Island Rail Road tracks. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed,and/or produced acknowledge the contributions of the Department to the project. The materials must include the Department of State logo and the following acknowledgment: "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." The Contractor must submit to the Department all required products,clearly labeled with the NYS Comptroller's contract number as indicated on the Face Page of this Contract and where applicable,the related task number from this Work Plan. Unless otherwise specified in the Work Plan tasks,the Contractor shall submit products in the following formats: • Draft products: one electronic copy of each product must be submitted in Adobe®Acrobat®Portable Document Format(PDF), created using 300 dpi scanning resolution and Microsoft Word, if applicable. • Final products: one electronic copy of each product must be submitted in PDF, created using 300 dpi scanning resolution and Microsoft Word, if applicable. In addition, one paper copy of each final product (including reports, designs, maps, drawings, and plans)must be submitted. • Electronic data for all Geographic Information System-based mapping products must be submitted 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 JPG format. • Photographs and images must be submitted in JPG format with a minimum resolution of 300 dpi and must be dated and captioned with the location and a brief description of the activity being documented. 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, and any partners responsible for managing the project, shall hold an initial meeting to review the project scope and schedule,project requirements, roles and responsibilities,the selection process for procuring consultants, State Environmental-Quality Review Act(SEQRA) compliance requirements, MWBE requirements, ADA 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 initiation 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 initiation meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee r. 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: 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 4: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state,and local requirements for the trail and temporary at grade crossing 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 5: Submission of Documents The Contractor or its consultant shall provide to the Department, for review and approval,the following materials: A. State Environmental Quality Review Act(SEQRA) compliance documents; B. Final designs and construction documents certified by a licensed professional engineer,architect,or landscape architect with appropriate seal affixed to documents; C. Required permits and approvals—federal, State and local; and D. Executed subcontract(s)and written certification of procurement procedures for contractual services for project administration and for engineering, design and construction inspection services. Products: SEQRA compliance documents. Final designs and construction documents certified by a licensed professional engineer, architect, or landscape architect. All required permits and approvals received. Executed subcontract(s)and written certification of procurement procedures. Task 6: Second Project Meeting In consultation with the Department, the Contractor shall hold a second project meeting with the consultant(s), 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. The 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: Second project meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 7: Bid Process and Selection of Demolition and Construction Subcontractors After the final design and construction documents have been approved by the Department,.the Contractor or its consultant(s) shall prepare and distribute a bid invitation(s)to select a construction subcontractor or subcontractors for building demolition/disposal of materials and construction of a temporary at-grade crossing over the Long Island Rail Road. The bid invitation(s) shall require the respondents to demonstrate their ability to satisfy any applicable MWBE requirements. Prior to distributing the bid invitation(s), the Contractor or its consultant(s)shall submit the bid invitation(s)to the Department for review and comment. The Contractor or its consultant(s) shall select the construction subcontractor(s)from the bid respondents and shall prepare a draft contract or contract(s)to conduct the work with the selected construction subcontractor(s). The contract(s)shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion,a payment schedule (payments should be tied to project milestones), the project cost and MWBE requirements. The Contractor must certify to the Department that applicable public bidding procedures of General Municipal Law were followed for the selection of all construction or other subcontractors. The Contractor shall submit the draft subcontract(s)to the Department for review and approval,and shall incorporate the Department's comments in the final subcontract(s). A copy of the final, executed subcontract(s)shall be submitted to the Department. Products: Executed construction subcontract(s). Written certification of procurement procedures. Task 8: Installation of Project Sign Prior to the start of construction, the Contractor shall install a sign satisfactory to the Department identifying the Department's funding of the project. The project sign 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. Task 9: Demolition, Construction, Construction Management and Site Inspection After receipt of all necessary permits, the Contractor or its construction subcontractor(s)may begin demolition and 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 initiation 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. Products: Written summary of periodic site visits including photo-documentation (pre-construction, during construction, and once the project is completed)and identification of any problems that need to be addressed. Punch list and construction completion estimates. Task 10: Trail Clean Up, Revegetation,and Construction The Contractor shall oversee Volunteer work including clean-up of typical trash unrelated to farm use and planting of native species. The Contractor and/or Volunteers will construct a 0.3-mile-long segment of trail. This will consist of clearing vegetation and where buildings have been demolished, marking a route and avoiding any plantings along the route. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Photo-documentation of trail construction. Task 11: Project Completion Following satisfaction of punch list items,the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s),the final design and ' construction specifications, and all permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer,architect or landscape architect. Unless otherwise specified during project initiation meeting,the Contractor or its consultant(s)shall submit two sets of as-built plans, certified by a licensed professional engineer, architect or landscape architect. When the Contractor is satisfied work is complete, it shall submit a final project report to the Department, including a copy of the completion statement and a copy of the certified as-built plans and photo-documentation in the form of digital images of the site prior to,during and upon completion of work. The Contractor shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as-built plans, and final project,report including photo- documentation. Task 12: 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 1, 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 13: 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 14: 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 subconsultants. • 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. • will participate, if requested by the Department, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in initial project initiation meeting and subsequent 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 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): X❑ 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 1001 150 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 IIl(G)(2)(a)(i) of the Master Contract. ❑ 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 days after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii) of the Master Contract. ❑X 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 l of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office ol'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 1001150 Page 2 of 4,Attachment D - Payment and Reporting Schedule B. Progress-Based Reports 1. Progress Reports The Contractor shall provide.the report described in Section IIl(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 1 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 1001 150 Page 3 of 4,Attachment D—Payment and Reporting Schedule 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: #C 1001 150 Page 4 of 4,Attachment D— Payment and Reporting Schedule APPENDIX A 3 Long Island Rail Road January 23,2023 Town of Southold 53095 Main Road Southold,NY 11971 ATTN: Scott Russell, Town Supervisor Subject: EP-1444 — Entry Permit to enter upon Long Island Rail Road (LIRR) property for the purpose of demolishing three buildings and a concrete silo located at the Sills Farm Property at 70282 Main Road in Greenport. To Whom It May Concern: Due"to the COVID-19 emergency, the parties are agreeing that this Agreement may be executed and delivered by any party by delivery of a facsimile or other electronic signature or by electronic mail in portable document format(.pdf),which signature shall have the same force and effect as an original"wet ink"signature and which delivery shall constitute effective.delivery thereof until such time as the parties are able to and do deliver"wet ink"original signature pages. Any party which delivers a facsimile or pdf signature shall promptly thereafter (taking into consideration the COVID-19 emergency) deliver an originally executed signature to the other party(ies); provided, however, that the failure to deliver an original signature page shall not affect the validity of any signature delivered by pdf or facsimile. Upon the subsequent delivery by each party of the originally executed signatures, such hard copy originals shall be treated as the originals in replacement for the electronically signed and delivered counterparts. The Long Island Rail Road(Railroad) is willing to grant a non-exclusive, revocable Entry Permit (the "Entry Permit") to Town of Southold ("Permittee"), its officers, employees, agents, contractors, subcontractors and consultants (collectively "Permittee Parties") to enter onto the property of the Railroad for the purpose of performing the work("Work") described in the Scope of Work (attached hereto and made a part of this Entry Permit) at the above captioned location. The terms and conditions of the Entry Permit are as follows: 1. If Permittee determines to do additional work above and beyond the Work described herein, or that it requires entry upon,access to or fouling of the elevated Railroad ROW or any other property of Railroad, it shall notify and make application to the Chief Engineer of the Railroad, who must approve, in writing, the time, place and manner of such additional work or such entry before Permittee may commence such additional work or make such entry. 2. Any Work shall be conducted in such manner and at such time, so that it shall in no way interfere with the traffic of the Railroad. Permittee shall, at all times, comply with the instructions of Railroad personnel at the site. 3. Upon execution of this Entry Permit,Permittee will pay Railroad a permit fee of$2,000(made payable to "The Long Island Rail Road Company" at the address listed below) as compensation for the preparation and issuance of this Permit, and any approved right of entry to Railroad property at the subject location, in connection with the work that is the subject of this Permit. MTA Long Island Railroad Mr.Michael Reilly,Controller 146-01 Archer Avenue . Jamaica,NY 11435 4. Permittee shall reimburse the Railroad for all costs of any kind whatsoever; which Railroad may incur in connection with Permittee's Permittee activities which are the subject of this Permit. Such costs may include (but not necessarily be limited to) engineering cost(both field and office)and the cost of providing inspectors,watchmen,flagmen and/or trainmen for the protection of Permittee. Cost means all direct labor, materials and equipment costs, plus such percentage thereof as represents the Railroad's overhead costs at the time the work is performed. A rough order of magnitude (ROM) estimate of such costs (hereafter referred to as 'URR Force Account Costs")is provided as follows: Daily Rate: $ 6,158.00 Mark-out(if required): $10,579.00 ** *, Daily Rate includes Transportation Department costs for flagmen and Engineering Department support costs. It should be noted, however, that the daily rate includes overtime rates for various.departments. Due to limited staffing and/ or contractual agreements, some of this work would be identified as overtime on the LIRR invoice. ** Mark-outs by the Power, Signal, Communications and Structures Departments will be required when the scope of work covered by this Entry Permit shall consist of any form of excavation within the limits.of the LIRR ROW and within six (6).feet of the LIRR ROW. Mark-outs performed by the LIRR are valid for a two-week period. If the Permittee's work does not commence within that two-week period, an additional set of mark-outs shall be required, at the Permittee's expense. Prior to Permittee's scheduled start date, Permittee shall provide a two-week notice to the LIRR Project Engineer assigned to this Entry Permit,so that the LIRR Project Engineer can request the mark-outs, if required. It is understood that the ROM estimate of LIRR Force Account Costs to support Permittee's work, as the same may be updated from time to time, is subject to change based on the scope and nature of the work actually performed, and/or costs incurred by Railroad. Permittee's obligation to pay or reimburse Railroad for LIRR Force Account Costs shall not be affected by the estimation process, including Railroad's failure to identify or otherwise accurately estimate any such costs and expenses. 5. The Permittee shall notify the Railroad or its designee,Chief Engineer, at least two weeks in advance before entering upon or starting any.work upon the property and keep the Railroad or said designee fully advised of all activities. No entry or use of the property will be permitted until this permit is fully executed and Permittee shall have received Railroad's approval for specific entry. 6. If flagmen have been ordered through the Project Engineer,cancellations must occur no later than 12:00 pm the day prior to the flagman reporting for duty. The request to cancel flagmen must be made through the Project Engineer. For flagging assignments cancelled after 12:00 pm, the contractor will be responsible to compensate the LIRR in full, for the cost of the flagmen ordered. 7. Periodically,during the term of this Entry Permit,Railroad shall render to Permittee a detailed statement of the costs incurred by Railroad, with respect to Permittee's activities during the term of this Entry Permit. Permittee's obligation to reimburse Railroad shall survive the expiration or termination of this agreement.Permittee shall reimburse Railroad for these costs within thirty(30)days of receipt of the statement. 8. To the fullest extent permitted by law, the Permittee shall defend, indemnify and hold harmless the Metropolitan Transportation Authority(MTA)and the Railroad,their respective officers, agents and employees from any and all claims, suits, loss or liability, including reasonable attorneys' fees and disbursements, on account of injury or death of any person(s) whatsoever (including, but not limited to, Permittee and employees of Railroad, MTA or Permittee)or damage to any property owned by or in the care,custody or control of Railroad, MTA or Permittee arising in whole or in part, directly or indirectly, by reason of or in connection with the activities of Permittee Parties hereunder or presence of the Permittee Parties, or equipment on or about the premises of the Railroad, regardless of whether or not such personal injury, death or property damage is caused in whole or in part, directly or indirectly, by any fault, failure or negligence of Permittee, Railroad or MTA, or their respective officers, agents,employees or otherwise. 9. Permittee shall not cause or permit any Hazardous Substance to be used, stored,generated,or disposed of on or in the property of the Railroad by Permittee,or its officers, employees, and contractors, without first obtaining Railroad's prior written consent, which may be withheld at Railroad's sole and absolute discretion. In addition, if Permittee uses, stores, generates, treats, or disposes of any Hazardous Substance, or permits the'presence of any Hazardous Substance not already present on the property of the Railroad and such actions result in contamination,Permittee shall promptly,at its sole expense,take any and all necessary action to return the property of the Railroad to the condition existing before the presence of any such Hazardous Substances on the property of the Railroad;provided,however,that Permittee shall first obtain Railroad's approval for any such remedial action. "Hazardous Substances,"for the purpose of this Agreement is defined by Chapter 4 Part 371 of the Department of Environmental Conservation's Regulations. Under no circumstances shall Permittee's obligation to perform any remediation include remediation of Hazardous Substances already existing on the Railroad property prior to the performance of the Work, except to the extent that such remediation is required as a result of Permittee's activities at the site. 10. This Entry Permit is not assignable and the rights and privileges herein granted shall extend solely to Permittee and agents of Permittee (e.g. contractors, etc.) while performing work hereunder or on or about the Railroad's property. 11. This Entry Permit shall expire upon the earlier of A.) the completion of the work, or B.) October 27,2023. LIRR reserves the right to terminate this Entry Permit at its sole discretion by giving Permittee notice in writing of its intention to so terminate this Entry Permit, which notice shall specify the effective date of the termination. 12. Insurance SECTION A. INSURANCE REQUIREMENTS The Permittee,at its sole cost and expense,shall obtain and maintain at all times during the term of this agreement such policies of insurance as set forth below: i. Workers' Compensation Insurance as required by statute in the State in which the work will be performed. Employer's Liability Insurance with limits of not less than $1,000,000 bodily injury per accident; $1,000,000 bodily injury per disease; and $1,000,000 annual aggregate. For work conducted outside the State of New York, Employer's Liability Insurance requires limits of not less than$2,000,000 bodily injury per accident;$2,000,000 bodily injury per disease;and$2,000,000 annual aggregate and must provide proof that'its Workers' Compensation Insurance policy has been endorsed to include"Other States Coverage." If Permittee leases one or more employees through the use of a payroll, employee management; or other similar company, then Permittee must procure worker's compensation insurance written on an "if any" policy form, including an endorsement providing coverage for alternate employer/leased employee liability. ii. Commercial General Liability ("CGL") Insurance covering claims for personal and advertising injury, bodily injury (including death) and property damage arising out of the Work and in a form providing coverage no less broad than that of the current ISO Commercial General Liability Insurance policy(Occurrence Form, number CG 00 01). Such insurance shall provide coverage for all operations including the products- completed operations hazard and shall be maintained for a period of at least three (3) years after final completion,subject to the limitation of any applicable statute. The limits of such insurance shall renew annually and not be less than$2,000,000 each occurrence; $4,000,000 products and completed operations aggregate; and $4,000,000 per project general aggregate.This requirement may be satisfied by a combination of a primary CGL policy coverage with limits of not less than$1,000,000 per occurrence and follow-form Excess or Umbrella liability insurance policy(ies) which equal the total limits required above and for excess or umbrella liability insurance in item `iv' below. The CGL and excess or umbrella liability insurance policies must be written on an occurrence basis form, and must comply with the following provisions: • The policy shall include independent contractor and contractual liability coverages • The policy shall not contain any contractual exclusion relative to Labor Laws or any other exclusions or limitations directed toward any types of projects,materials or processes involved in the Work • The policy shall not contain any of the following exclusions: subcontractor's exclusion; construction defect exclusion; leased worker exclusion; cross liability exclusion; crane exclusion; and demolition exclusion or "explosion, collapse and underground"exclusion. • Construction work taking place within 50 feet of a railroad must include: - Contractual Liability — Railroads CG 24 17 listing the.Scheduled Railroad and Designated Job Site. - Coverage for claims for bodily injury asserted by a railroad employee of an additional insured and any Employer's Liability Exclusion which may otherwise operate to exclude such coverage shall be removed. iii. Business Automobile Liability Insurance covering any owned,non-owned, and hired vehicles on and off-site for claims arising out of the ownership, maintenance or use of any such vehicle. Such insurance shall provide coverage at least as broad as the standard ISO Comprehensive Automobile Liability policy(CA 00 01, CA 00 05, CA 00 12, CA 0020), with limits not less than $2,000,000. If the Work involves transportation of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Permittee shall provide pollution auto coverage equivalent to that provided under the ISO pollution liability-broadened coverage for covered autos endorsement (CA 99 48), and the Motor Carrier Act endorsement (MCS 90). Any statutorily required "No-Fault" benefits and uninsured/underinsured motorist coverage shall be included. iv. Umbrella/Excess Liability Insurance,with limits of not less than$3,000,000 written on an occurrence basis in excess of the limits indicated for Commercial General Liability, Employer's Liability, and Business Automobile Liability Insurance which is at least as broad as each underlying policies. The umbrella/excess liability policies shall be written on a "drop-down" and "follow form". basis, with only such exceptions expressly approved in writing by Permittor/MTA. v. Railroad Protective Liability Insurance(ISO/RIMA CG 0035 or equivalent form), if any Work will be taking place within 50 feet of a railroad; subway or similar tracked conveyance or requires flag or protective measures by the Permittor/MTA or its affiliates or their respective employees, covering the work to be performed at the designated job site and affording protection for damages arising out of bodily injury or death, physical damage to or destruction of property, including damage to the Insured's own property and conforming to the following: • The policy shall name as"Named Insureds"each of the Indemnified Parties listed under Section D. • The limit of liability shall be not less than $2,000,000 per occurrence, subject to a $6,000,000 annual aggregate; • Policy must be endorsed to provide coverage for claims arising from injury to employees covered by Federal Employer's Liability Act(FELA),when applicable. • Indicate the Name and address of the designated Permittee, project location and description of work, and permit number if applicable. A. Contractor's Pollution Liability Insurance (if disposal of hazardous materials from the designated job site is undertaken or if the Work being performed in the Impact Area involves environmental or pollution exposures) with limits not less than $2,000,000 per occurrence and general aggregate on a per project basis including completed operations coverage to be maintained for at least three (3) years after final completion of the work. Policy shall cover environmental damage resulting from pollution conditions that arise from the operations of the Permittee/Contractor,as applicable,and described under the scope of services of this contract. Coverage must apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants, silt or sediment into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural condition(s) are released or,dispersed as a result of the performance of Covered Operations. Such insurance shall include but not be limited to: • Bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; medical monitoring • Physical injury to or destruction of tangible property of parties other than the Insured including the resulting loss of use and diminution in value thereof; Loss of use, but not diminution in value, of tangible property of parties other than the Insured that has not been physically injured or destroyed • Natural Resource Damages; • Cleanup Costs • Transportation and Non-Owned Disposal Site coverage (with no sunset clause/restricted coverage term) if the Requesting Party or the Project Contractor is disposing of contaminated material(s) • No exclusions for asbestos, lead paint, silica or mold/fungus/legionella • Defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages SECTION B. GENERAL INSURANCE REQUIREMENTS The following requirements are applicable to all insurance coverages required under this agreement, except to the extent otherwise indicated. i. Insurer Requirements. All policies of insurance shall be placed with insurers acceptable to Permittor/MTA. The insurance underwriter(s) must be duly licensed or approved Surplus Lines insurer to do business in the state where the Work is to be performed and must have a financial ratings of A-NII or better in the most recent edition of Best's Key Rating Guide or otherwise satisfactory to Permittor/MTA. ii. Insurance Policies.The Permittee shall furnish certified copies of all insurance'policies required to be maintained under this agreement within ten (10) business days after receiving Permittor/MTA's request.. iii. Breadth of Coverage. All policies (except for Workers' Compensation and Professional Liability, unless otherwise noted) shall provide coverage to the Additional Insureds, as defined below,that is at least as broad as that provided to the first named insured to each policy. In the event that any policy provided in compliance with this agreement states that the coverage provided to an additional insured shall be no broader than that required by agreement,or words of similar meaning,the parties agree that nothing in this agreement is intended to restrict or limit the breadth of such coverage. The limits of insurance stated for each type of insurance are minimum limits only. If the Permittee's policy provides greater limits, then the Additional Insureds shall be entitled to,or to share in,the full limits of such policy,and this agreement shall be deemed to require such full limits.' iv. Right to Request Additional Insurance. Permittee further agrees to provide, at Permittee's sole cost and expense, such increased or'expanded insurance coverage as Permittor/MTA may from time to time as deem reasonable and appropriate. V. Additional Insureds. All insurance required (except Workers' Compensation and Professional liability or otherwise noted), shall name the parties listed in Section D as Additional Insureds, and shall include their respective subsidiary and affiliated companies, and their Boards of Directors, officers, employees,representatives, and agents (hereinafter, collectively the "Additional Insureds"). For the Commercial General Liability insurance,additional insured coverage must be provided on ISO form or its equivalent at least as broad as CG 20 26.No other endorsement will be accepted unless approved by the Permittor/MTA. vi. Primary and Non-Contributory. Each policy required, including primary, excess, and/or umbrella, shall provide that the insurance provided to the Additional Insureds is primary and non-contributory, such that no other insurance-or self-insured retention carried or held by Permittor/MTA shall be called upon to contribute to a loss covered by insurance for the named insured. vii. Waiver of Subrogation.To the fullest extent permitted by law, Permittee will require all insurance policies required to include clauses stating each insurer will waive all rights of recovery. All waivers provided herein shall be effective as to any individual or entity even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, or (b) did not pay the insurance premium directly or indirectly, and whether or not such individual or entity has an insurable interest in any property damaged. viii. Self-Insured Retentions.None of the insurance required shall be subject to any self- insured retention greater than$500,000 without Permittor/MTA's written approval. ix. Subcontract Agreements. Permittee shall by appropriate written agreements flow down the requirements for i)the waiver of subrogation ii)additional insured coverage and iii)other requirements of this Section to all tiers of subcontractors,for all insurance required of such subcontractors by Permittee for the Work. X. No Limitation.Nothing in the Insurance Requirements shall be construed as limiting in any way the extentto which Permittee may be held responsible for payment of damages resulting from their operations. Permittee's obligations to procure insurance are separate and independent of and shall not limit Permittee's contractual indemnity and defense obligations. Permittor/MTA does not represent that coverages and limits required in this agreement will necessarily be adequate to protect Permittee. xi. Notice of "Cancellation or Non-Renewal. The Permittee agrees to notify Permittor/MTA thirty days prior to any cancellation, non-renewal or change to any insurance policies required. Notice shall be sent electronically to the `designated email address'provided to Permittee via MTA Certificate of Insurance Management System (CIMS),ComplianzTM xii. Notice of Occurrence.The Permittee shall file the following with the Long Island Rail Road Claims Department,Attention: Director of Claims(with a copy to the Engineer), 93-02 Sutphin Blvd—4t' Fl, Jamaica,NY 11435 : (1)a notice of any occurrence likely to result in a claim against the LIRR, which shall be filed immediately; and (2) a detailed, sworn proof of interest and loss, which shall be filed within sixty (60) days from the date of loss. xiii. Insurance Not in Effect.If,at any time during the period of this Agreement,insurance as required is not in effect, or proof thereof is not provided to the Permittor, the Permittor shall have the options to:(i)direct the Permittee to suspend work or operation with no additional cost or extension of time due on account thereof; or(ii)treat such failure as an Event of Default. xiv. Conformance to Law. If applicable law limits the enforceability of any of the foregoing requirements,then Permittee shall be required to comply with the foregoing requirements to the fullest extent of coverage and limits allowed by applicable law and the provisions of insurance shall be limited only to the extent required to conform to applicable law. SECTION C. EVIDENCE OFINSURANCE 1. Insurance Submission. The Permittee must submit initial evidence of all required insurance to: Agency Name: MTA Long Island Railroad Agency Address: Hillside Maintenance Facility 93-59 183`d Street, Dept.3146 Hollis,NY 11423 Attention: Joseph Holzapfel,Manager—Engineering Compliance Email Address: jholzap@lirr.org 2. Insurance Compliance.After the Permittee's insurance has been approved,a"compliant message"will be sent to the Permittee via the MTA Certificate of Insurance Management System (CIMS), the ComplianzTM. This message will also include a "designated" email address for submission of all insurance renewals, specific to this agreement. The Permittee shall endeavor to provide renewal or replacement policies of insurance two(2)weeks from the policy expiration date with terms and conditions no less favorable than expiring. 3. Insurance Confirmation. Permittor/MTA's acceptance of any certificate of insurance evidencing the required coverages and limits does not constitute approval or agreement by Permittor/MTA that the insurance requirements have been met or that the insurance policies shown in the certificate of insurance are compliant with these requirements.Failure of the Permittor/MTA to demand such certificates of insurance or other evidence of full compliance with these insurance requirements, or failure of Permittor/MTA to identify a deficiency from evidence provided, will not be construed as a waiver of the Permittee's obligation to maintain such insurance. 4. Non-Compliant Insurance. Permittor/MTA has the right, but not the obligation, of prohibiting the Permittee from entering the Permittor/MTA Property until Permittor/MTA receives all certificates of insurance or other evidence that insurance is compliant. 5. Proof of Insurance: a. Acceptable Forms • ACORD 25: Certificate of Insurance • ACORD 855: NY Construction Certificate of Liability Addendum • ACORD 28: Certificate of Commercial Property Insurance • ACORD Binder or Insurance Policy • Workers' Compensation(alternative forms): o C-105.2: Certificate of Workers' Compensation Insurance; or o U-26.3: Certificate of Workers' Compensation from the State Insurance Fund; or o GSI-105/SI-12—Certificate of Workers' Compensation Self Insurance; or o CE-200 — Attestation of Exemption when Contractor meets the requirements (e.g.) Sole Proprietor b. Certificate of Insurance-The following minimum details must be referenced on the certificate: • Policy coverage details (e.g.) policy term, per occurrence/per project; limits/sub- limits, aggregate limits, deductibles, self-insured retentions, insurance carrier name and corresponding NAIC# • Contract Identifier(e.g.)Contract#, RFP#, or Entry Permit# • Location and Description of Work • Additional Insureds listed in Section D including primary and noncontributory coverage and waiver of subrogation in favor of Permittor/MTA • Certificate Holder must list Permittor/MTA • Certificate of Insurance must be signed by an authorized insurance representative c. Endorsements (where applicable): • General Liability Additional Insured(CG 20 26) • General Liability- Primary and Non-Contributory CG 2001 or equivalent • General Liability-Per Project Aggregate(CG 25 03 or equivalent) • Business Automobile Liability-Additional Insured, MCS 90 and CA 99 48 • Contractor's Pollution Liability-Additional Insured,Non-Owned Disposal Site and Transportation Coverage • Waiver of Subrogation(most recent NCCI/ISO or equivalent as applicable) • Primary and Non-Contributory d. Insurance Binder/Policy(Applicable to Railroad Protective Liability and Builder's Risk/Installation Floater) An insurance binder must include the following minimum details: • Policy coverages and details(e.g.)policy term, limits/sub-limits,aggregate limits, deductibles, self-insured retentions, insurance carrier name and applicable NAIC • Contract number or entry permit number; designated contractor; location and description of Work • Indemnified Parties listed must be listed as Named Insureds. • Binder must be issued and signed by the authorized insurance company or their authorized insurance agent • Binder may be accepted pending issuance of the policy. Policy must be submitted within 30 days from binder effective date. e. Joint Venture: Evidence of General Liability and Umbrella/Excess Liability insurance must be submitted in the name of the Joint Venture. Alternatively, each Joint Venture Party may submit separate insurance covering the Joint Venture as a Named Insured. SECTION D. ADDITIONAL INSUREDS/INDEMNIFIED PARTIES (By Location of Work) ® All LIRR Agreements: Long Island Rail Road (LIRR), MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York & Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein. ❑ Penn Station: Long Island Rail Road (LIRR), MTA Grand Central Madison Concourse Operating Company (GCMCOC), MTA Grand Central Madison Concourse Operating Company(GCMCOC),Metropolitan Transportation Authority(MTA)and its subsidiaries and affiliates and New York & Atlantic Railway Company (when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein, National Railroad Passenger Corp. (Amtrak),NJ Transit Corporation,and NJ Transit Rail Operations, Inc. ❑ West Side Yard: Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York& Atlantic Railway Company(when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein,National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc., Consolidated Rail Corporation and CSX Transportation Inc. and Triborough Bridge & Tunnel Authority(B&T). ❑ Sunnyside Yard:Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York&Atlantic,Railway Company(when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein,National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc. and New York& Atlantic Railway Company(when applicable). ❑ Jamaica Station: Long Island Rail Road(LIRR),MTA Grand Central Madison Concourse Operating Company (GCMCOC), Metropolitan Transportation Authority (MTA) and its subsidiaries and affiliates and New York& Atlantic Railway Company(when applicable) Anacostia Rail Holdings and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Parties listed herein,and Port Authority of NY&NJ. i ❑ Other: 13. In the event any article, section, subarticle, paragraph, sentence, clause or phrase contained in this Entry Permit shall be determined, declared or adjudged invalid, illegal, unconstitutional or otherwise unenforceable, such determination, declaration, or adjudication shall in no manner affect the other articles, sections, subarticles, paragraphs, sentences, clauses or phrases of this Entry Permits, which shall remain in full force and effect as if the article, section, subarticle, paragraph, sentence, clause or phrase declared, determined or adjudged invalid, illegal, unconstitutional or otherwise unenforceable was not originally a part thereof. Please find the proposed Entry Permit in duplicate, and arrange for both of the agreements to be signed by the appropriate officer of your Company, and return both copies to my attention. Upon receipt of the signed agreements, the permit fee and Insurance approval from the MTA Risk & Insurance Management (see Step 3 of the LIRR Entry Permit Guidelines), we will affect execution on behalf of the Railroad, and a fully executed agreement will be returned to you. Thank you for your cooperation. Sincerely, Joseph Holzapfel Manager- Engineering Compliance ACCEPTED and AGREED: Town of Southold 53095 Main Road Southold,NY 11971 BY: Date: Scott Russell,Town Supervisor cc: D. Varley (MC 3143) D. Olson (MC 3143) M. Reilly (MC 1955) S. Chandra (MC 3146) J. Serena (MC 3146) U. Arteaga (MC 3143) D. Holley (2 Broadway—21 sc Floor—Manhattan- MTA Pouch) File LIKARA L. K McLean Associates, P.C. ❖ 437 South Country Road • Brookhaven New York • 11719 (631)286-8668 • FAX(63.1)286-6314 ❖ 25 Newbrid;e Road • Suite 212 • Hicksville • New York • 11801 https://www.lkma.com RAYMOND G.DiBIASE,P.E.,PTOE,PTP,PRESIDENT and CEO Associates ROBERT A.'STEELE,P.E.,EXECUTIVE VICE PRESIDENT CHRISTOPHER F.DWYER JAMES L.DeKONING,P.E.,VICE PRESIDENT STEVEN W.EISENBERG,P.E. ANDREW B.SPEISER MATTHEW C.JEDLICKA,LEED AP KEITH J.MASSERIA,P.E. VINCENT A.CORRADO,P.E. TAMARA L.STILLMAN,P.L.S. October 26, 2022 Long Island Rail Road,Hillside Maintenance Complex 93-59 183'Street,Department 3146 Hollis,New York 11423 Attn: Joseph Holzapfel,Manager–Engineering Compliance–Engineering Department Re: Town of Southold: Sills Farm Buildings(3) & Concrete Silo Demolition Letter Obtaining Approval for a LIRR Entry Permit LKMA No.22162.000 Dear Mr. Holzapfel: In accordance with your agency's guidelines for obtaining a LIRR entry permit on behalf of the Town of Southold Engineering Department, L.K. McLean Associates PC has prepared this cover letter providing the information requested by your office; 1) Agent for Project: L.K. McLean Associates PC 437 South Country Road Brookhaven; NY 11719 Principal of Company: Robert A. Steele PE,Executive Vice President Contact Person: Christopher F. Dwyer, Associate(51.6) 779-4776 edwyei-@Ikma.com 2) Project Sponsor(authority for whom work is being performed): Town of Southold Engineering Department 53095 Main Road Southold,NY 11971 Contact Person: Michael Collins PE, Southold Town Engineer 631.-765-1.560 michael.collins@town.southold.ny.us 3) Construction Contract#: TBD upon Municipal Bid Phase,LKMA Project#: 22162.000 4) Full Description of Work: The Town of Southold would like to demolish three (3) dilapidated buildings and a concrete silo located at the Sill's Farm Property at 70282 Main Road in Greenport, NY (across from the intersection of Main Road (NY-25) & Chapel Lane. The structures are located east of the railroad tracks that run through the property. In order to complete the demolition project,an access plan must be prepared for and approved by the Long Island Rail Road to ensure that the tracks are protected during the course of the project and that demolition operations do not interfere with the operation of the trains. TODAWs `t,nA RMmt-s"�TOMPE'RO"SOLUTIONS Since 1950 LIURAL. K. McLean Associates P. C 5) The Town envisions that the project will require the use of 18-wheel dump trailers or 40-CY roll off container trucks to remove the construction and demolition (C&D) debris from the farm property. Below is an aerial image of the property in Greenport. A more detailed demolition removal plan showing access to and from the site, material staging area, material loading area and demolition notes is enclosed with this cover letter. ry FIGURE 2—SITE AERIAL SITE NAME: Sill's Farm Property STREET ADDRESS: 70282 and 70284 Main Road MINICIPALITY, STATE, ZIP:Greenport,NY 11944 �. PROJECT NUMBER: 28345,00 SCALE: As Shown Cover Letter-LIRR Entry Permit-Sills Farm Structure Demolition UU11AL. K. McLean Associates, P.C. 6) The Town of Southold and LKMA estimates that the project will take approximately 10 to 12 weeks to properly demolish the structures. The construction activity will include but not be limited to the following.; 1) Site Mobilization, 2) Erosion & Sediment Control Measures, 3) Site & Access Preparation, 4) Demolition of Structures, 5) Loading of Demolition Material, 6) Off Site Transportation & Disposal of Demolition Material, 7) Environmental Controls and S) Site Restoration & De-Mobilization. All work would be conducted between the hours of 7:OOAM and 4:00PM(Monday through Friday). Our office appreciates the guidance your office has provided in preparing this request for a Long Island Rail Road Entry Permit. If you should have any questions relative to this request/submission please do not hesitate to contact this office directly. Very truly yours, CFD:cfd Christopher F. Dwyer Associate Enc. (1) Demolition &Removal Plan Cc: Michael Collins PE, Southold Town Engineer w/enc. LKMA File w/enc. Cover Letter-LIRR Entry Permit-Sills Farm Structure Demolition 4 • 3 EXISTING ;. 1 TO -- ' WIN 9 MATERIAL 3;- LOADING AREA r , . , 4d� !►'�gar: 'sr s. - --- -' �.- . � • • Guidelines for Obtaining a LIRR Entry Permit Step 1: Is this an LIRR Proiect: If no,Proceed to Step 2 If Yes,Contact LIRR Project Manager Step 2: . Request for Entry Permit: Contact: Mr..Joseph Holzapfel Tele: (347) 494-6487 Manager- Engineering Compliance, Engineering Dept. Email: jholzap@lirr.org Long Island Rail Road, Hillside Maintenance Complex 93-59 183rd Street, Dept. 3146 Hollis,NY 11423 Provide: 1) On Company letterhead;Company Name,Address,Principal of Company(President or VP),Contact Person's Name,Title, & Telephone#'s, email address, 2) Authority for whom the work is being performed(NYC or NYS DOT,County,Utility Company,etc.), if applicable, 3) Contract Number assigned by the above Authority,for the work to be performed, 4) Full Description of work(detailed scope of work), and location of where the will be performed(street address, cross streets,town, county, etc) 5) Additional information that may clarify the working limits and any interference to LIRR operation(i.e. drawings, surveys, crane calculations, etc.) 6) Amount of time necessary to complete the,work and anticipated period of performance. After reviewing the Entry Permit request/submittal package for completeness,a copy of the LIRR Entry Permit will be prepared,scanned and forwarded to the requestor for signature.Upon receipt,the requestor must review, sign,scan, and return the permit and all required insurance documents, to the Manager-Engineering Compliance. Step 3: Initial Insurance Review: Upon receipt, review, and approval of all insurance documents by the MTA Risk & Insurance Management Department,the Manager-Engineering Compliance will contact the LIRR Controllers regarding the receipt status of the Entry Permit Fee from the requestor. Step 4 Entry Permit Fee Upon confirmation from the LIRR Controllers Office that the Entry Permit Fee has been received from the requestor, the Manager- Engineering Compliance will execute and forward a copy of the executed agreement to the requestor, and the requestor shall proceed to Step 5 Step 5: LIRR Civil Design & Inspection Contact: Mr. Ulises Arteaga, PE Tele: (718)558-3351 LIRR Civil Design& Inspection Fax: (718)558-3298 Engineer of Structures - Civil Inspection, Engineering Department Email: uarteag@lirr.org Long Island Rail Road, Hillside Support Facility 93-59 183rd Street, Dept. 3143, Hollis,NY 11423 Provide: 1) A copy of the executed Entry Permit(signed by LIRR and requestor) 2) Original signed copies of Evidence of Insurance- submitted in the proper format 3) Items 1 through 6 from Step 2 Upon review of all documents, and obtaining appropriate confirmation from MTARIM that all insurances have been reviewed and approved,and that the Entry Permit agreement has been fully executed,a Field Inspector will be assigned to coordinate activities associated with the project—such as arranging for appropriate flag protection, RWP Training and request for mark-out of LIRR assets. *It should be noted that the requestor must not alter the documents or take exception to the LIRR Entry Permit Terms and Conditions.Failure to follow the Guidelines described herein may result in the cancellation of the Entry Permit Agreement. Long Island Rail Road GENERAL REQUIREMENTS FOR PROJECTS ADJACENT TO LIRR PROPERTY WITH POTENTIAL TO IMPACT LIRR SAFETY AND OPERATIONS • Attached are "General Requirements for Outside Contractors Working on LIRR Property". These requirements apply to this project. Entry Permit. requires an outside agency or contractor to reimburse the LIRR for all project costs (i.e. Flag. Protection, Project engineers, Inspectors, etc.) • Shop drawings and calculations detailing sheeting must be submitted prior to excavation, which may impact the stability of adjacent embankment supporting our tracks. Shop drawings and calculations to include the original seal and signature of a NYS Licensed Professional Engineer. Sheeting to be designed for Cooper E- 80 Axel Loading as per the American Railway Engineering Associates. . • Fouling of LIRR Track includes work within 15 ft. of or along LIRR tracks. This also includes operation of equipment or any part of equipment (i.e. crane booms) which could fall onto or within six (6) feet of LIRR tracks. • All parties are notified that fouling LIRR track without LIRR flag protection being present is a violation of Federal Law. . • CRANES o Crane operation must maintain at least fifteen (15) feet vertical and horizontal separation from overhead LIRR High Tension Lines. If overhead power lines from outside agencies are supported from LIRR High tension poles, a letter from that agency must be submitted to the LIRR stating their vertical and horizontal separation requirements. o The following conditions apply for operating cranes with booms of sufficient length to fall onto or within six (6) feet of LIRR tracks. ■ Crane information must be submitted to the LIRR for review,- including proposed location of crane, proposed boom angle and loading diagram indicating that the crane is capable of supporting 150% 'of load to be lifted. Loading diagram to include original seal and-signature of NYS Licensed Professional engineer. ■ LIRR flag protection must be on site. Crane operations will generally be restricted to 10:00 am to 3:00 pm daily. ■ Crane operator or one (1) construction supervisor who will be on the site full time must be trained and verified in Roadway Worker Protection. ■ Crane operations must follow the direction of LIRR flagmen and face boom parallel to_our track when ordered to do so. Procedure Number: 3`d Party—3 Title:Adjacent Revision:2 Date:03/13%12 Saved Location: H:\Structures\3rd Party Contracting\Procedures\Projects Adjacent to LIRR Property.doc Page 1 of 1 Long Island Rail Road GENERAL REQUIREMENTS FOR OUTSIDE CONTRACTORS WORKING ON LIRR PROPERTY • Obtain Entry Permits. Call LIRR Manager — Engineering Compliance at 347-494-6487. • Obtain required Railroad Protective Liability Insurance and submit original signed insurance documents to the MTA Risk and Insurance Management, call 646-252-1429. • All contractor personnel whose duties include working on, within fifteen (15) feet of or above railroad tracks or operating equipment (i.e. cranes) on or near railroad tracks shall attend annual Roadway Worker Protection (RWP). Call LIRR Training . Department at 718-558-3100 to schedule. • Two (2) weeks prior to start of construction call Managing Engineer — Civil Inspection at 718-558-3351. Procedure Number: 3`d Party—3 Title: General Revision:2 Date: 03/13/12 Saved Location: H:\Structures\3rd Party Contracting\Procedures\Outside Contractors Working on LIRR Property.doc Page 1 of 1 �O 'Y RANCE ON ALL THRU BRIDGES SIDE OF BLDGS., ENGINE -IER BLDG. DOORWAYS .3AL SIDE CLEARANCE FRUCTIONS OTHER ]OSE LISTED FOR 8'-0" 'DS MIN. LEGAL SIDE CLEARANCE -E 4. O 8 ' - ® '9 N c� 8 ' - 6 99 69 - 699 ® O I ql - MM W HIGH FREIGHT 59 _ 3 3/499 PLATFORM 111171111 NSHIP IN / RUNNING / ARD RAILS, GUARD RAILS 17 - Metropolitan Transportation Authority GUIDELINES FOR SUBMISSION OF INSURANCE 1. INSURANCE REQUIREMENTS: Refer to your contract for required insurance coverages,limits,and endorsements and review with your authorized insurance broker for compliance 2. ACCEPTABLE FORMS OF INSURANCE: • ACORD 25: Certificate of Insurance • ACORD 855:NY Construction Certificate of Liability Addendum • ACORD 28: Certificate of Commercial Property Insurance • ACORD Binder or Insurance Policy • Workers' Compensation: - C-105.2—Certificate of Workers'Compensation Insurance; or - U-26.3—Certificate of Workers'Compensation from the State Insurance Fund; or - GSI-105/SI-12—Certificate of Workers'Compensation Self Insurance; or - CE-200—Attestation of Exemption when Contractor meets the requirements(e.g.)Sole Proprietor 3. CERTIFICATE OF INSURANCE MUST INCLUDE: • Policy coverage details(e.g.) policy term, per occurrence/per project;limits/sub-limits,aggregate limits, deductibles,self-insured retentions, and insurance carrier name and corresponding NAIC# • Contract Identifier(e.g.)Contract#, Request for Proposal#,or Entry Permit# • Location and Description of Work • Reference indemnified parties as additional insureds,primary and noncontributory coverage, and waiver of subrogation in favor of the MTA Agency • Certificate Holder must list the MTA Agency • Certificate of Insurance must be signed by an authorized insurance representative 4. INSURANCE BINDER MUST INCLUDE: (Applicable for Railroad Protective Liability(RRPL)and Builder's Risk/Installation Floater(BR)] • Policy coverages and details(e.g.) policy term,limits/sub-limits, aggregate limits, deductibles,self-insured retentions,insurance carrier name and applicable NAIC# • Contract Number or Entry Permit Number;Designated Contractor; Location and Description of Work • Reference Indemnified parties as Named Insureds(RRPL) or Additional Named Insureds(BR) • Binder must be issued and signed by the authorized insurance company or their authorized insurance agent • Policy must be submitted within 30 days from binder effective date. 5. SUBMISSION OF INSURANCE: [Initial evidence of all required insurance must be sent to the MTA Agency/Procurement Representative] • ACORD Certificate of Insurance • Additional Insured Endorsements (e.g.)CG 20 10/CG 20 26/CG 20 38 and CG 20 37 • Primary and Non-Contributory Endorsements • Environmental Endorsements (e.g.) MCS 90 and CA 99 48, and Non-Owned Disposal Site(NODS),when applicable • Insurance Policy-A Binder may be accepted pending issuance of the policy. • Joint Venture: - General Liability Insurance must be procured in the name of the Joint Venture; or - General Liability Insurance may be endorsed to add the Joint Venture as Additional Named Insured 6. INSURANCE COMPLIANCE: • Initial Insurance: A"compliant message"will be sent to the Contractor via the MTA Certificate of Insurance Management System (CIMS),the Complianz'". • Renewal Insurance: Each contract will have a "designated" email address for submission of renewal insurance. MTA Risk and Insurance Management: 4.14.21 88 HARBOR ROAD PORT WASHINGTON, NY 11050 NEW YORK (516)944-9500 e FAx(516) 944-9507 7 IB lll� E N V I R t)N N/I E N TA L www.nyenvironmental.com XRF INSPECTION FOR LEAD-BASED PAINTS PERFORMED AT: SILLS FARM 70282/70284 MAIN RD. GREENPORT, NY Performed for. ZEB ENVIRONMENTAL SOLUTIONS 188 WEST MONTAUK HIGHWAY HAMPTON BAYS, NY 11946 Prepared by: NEW YORK ENVIRONMENTAL &ANALYTICAL LABORATORIES, INC. 88 HARBOR ROAD PORT WASHINGTON, NEW YORK 11050 PROJECT NO. 45178 APRIL 11, 2016 TABLE OF CONTENTS 1.0 BACKGROUND 2.0 SCOPE OF WORK 3.0 SUMMARY OF INSPECTION RESULTS 4.0 SUMMARY OF LEAD INSPECTION BY XRF 5.0 AREAS NOT ACCESSIBLE APPENDICES 6.0 APPENDIX A: XRF TEST DATA REPORTS 7.0 APPENDIX B: LABORATORY ACCREDITATIONS 8.0 APPENDIX C: XRF PERFORMANCE CHARACTERISTIC SHEET 9.0 APPENDIX D: SITE PLANS 1.0 BACKGROUND New York Environmental &Analytical Laboratories, Inc. has conducted a survey for the presence of lead based paints at the following building: Location: Sills Farm Address: 70282/70284 Main Rd. Greenport, NY Job#: 45178 - Site Visits: March 31, 2016 Report Date: April 5, 2016 Field Procedures and Analysis Methodology: X-Ray Fluorescence analysis (XRF) was the primary lead detection technique utilized for this inspection. The XRF analysis was conducted at the above-mentioned site using a portable RMD LPA-1 XRF lead based paint gauging device, manufactured by RMD Instruments. The RMD LPA-1 XRF was utilized in strict accordance with the procedures outlined and specified in the IP-4 protocol for lead-based paint testing, NYC SCA Protocol, Guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing, Department of Housing and Urban Development (HUD), 1995, (revised September 1997), Lead; Requirements for Lead-based Paint Activates in Target Housing and Child Occupied Facilities: Final Rule, (40 CFR Part 745), US Environmental Protection Agency (EPA), 19, August 1996, and the Residential Lead Hazard Reduction Act (Title X of the Community Development and Housing Act of 1992). Quality control readings were used to monitor the performance of the RMD LPA-1 XRF and are referred to as the calibration check test readings. The calibration check readings were taken on the red 1.02 mg/cm2 Standard Reference Material (SRM) paint film, developed by the National Institute of Standards and Technology (NIST). The readings were taken on the red 1.02 mg/cm2 SRM paint standard when the instrument was at least 12 inches away from any potential source of lead. The recorded calibration check test results can be found in Appendix 2. The average of the calibration check readings were computed and recorded. The sets of calibration check readings collected did not differ by more than the specified tolerance listed in the RMD LPA-1 XRF performance characteristics sheets. All calibration checks were performed with the RMD LPA-1 XRF in the Test Mode 2.0 SCOPE OF WORK The areas inspected for lead-based paint and which may be impacted by the renovation work are the following: 1. Structure 1 2. Structure 2 3. Silo 4. Main House 3.0 SUMMARY OF INSPECTION RESULTS The lead paint inspection was conducted on March 31, 2016 and involved a thorough visual examination of all areas and sampling of paints. Although materials were found to be non-lead based paints (NLBP), it should be noted that results are not indicative of the total absence of lead in surface coating materials. Care should be taken in the event of disturbance of surfaces coated with paints or covering containing any amount of lead. The following materials tested positive for LBP: • Structure 1, Interior Blue Wall Paint • Structure 1, Exterior Beige Paint on Wood Siding • Structure 1, Exterior White Wood Trim Paint • Structure 2, Exterior Gray Paint on Wood Siding • Structure 2, Exterior White Wood Trim Paint • Structure 2, Interior White Wood Trim Paint • Main House, 1St Floor Living Room, White Paint on Wood Entrance Door • Main House, 1St Floor Between Living Room and Dining Room, White Paint on Closet Door • Main House, Exterior of House, Yellow Paint on Wood Clapboard Below Siding 4.0 SUMMARY OF LEAD INSPECTION BY XRF TABLE 1 Test Location Component Substrate Paint Color XRF Classification I Result Structure 1 Interior Wall Plaster White NLBP Interior Wall Wood Blue NLBP Interior Wall Wood Blue LBP Exterior Wood Siding Wood Beige LBP Exterior Trim Paint Wood White LBP Structure 2 Exterior Siding Wood Gray NLBP Exterior Siding Wood Gray LBP Exterior Trim Paint Wood White LBP Interior Trim Paint Wood White LBP Interior Wall Plaster Pink NLBP Interior Wall Plaster Blue NLBP Silo Exterior of Silo Wall Concrete White NLBP Exterior of Silo Wall Concrete White NLBP Main House 15'Floor Living Room Walls Gypsum Wallboard Yellow NLBP 15L Floor Living Room Ceiling Gypsum Wallboard White NLBP 1st Floor, Dining Room Window Frame Wood White NLBP 15'Floor Living Room Wood Flooring Wood --- NLBP 1 I Floor Living Room Base Molding Wood White NLBP Test Location Component Substrate Paint Color XRF Classification/Result 1s1 Floor Living Room Wall Trim Wood White NLBP 151 Floor Living Room Radiator Paint Metal Silver NLBP 1St Floor Living Room Door Entrance Door White LBP 1St Floor Between Living Room and Dining Closet Door Wood White LBP Room 1st Floor, Dining Room Walls Gypsum Wallboard Pink NLBP 1st Floor, Dining Room Ceiling Gypsum Wallboard White NLBP 1st Floor, Dining Room Wood Flooring Wood --- NLBP 1st Floor, Dining Room Base Molding Wood White NLBP 1st Floor, Dining Room Wall Trim Wood White NLBP 11t Floor, Dining Room Window Frame Wood White NLBP 18t Floor Kitchen Ceiling Gypsum Wallboard White NLBP 1st Floor Kitchen Crown Molding Wood White NLBP 1st Floor Kitchen Trim Paint Wood White NLBP 1s1 Floor Kitchen Cabinets Wood White NLBP 1st Floor Kitchen Window Frame Wood White NLBP 1st Floor Kitchen Radiator Paint Metal White NLBP 1st Floor Hallway Leading to Bathroom Cabinets Wood White NLBP 1st Floor Hallway Leading to Bathroom Walls Gypsum Wallboard White NLBP 11t Floor Hallway Leading to Bathroom Ceiling Gypsum Wallboard White NLBP 1st Floor, Bathroom Walls Gypsum Wallboard White NLBP 1st Floor, Bathroom Ceiling Gypsum Wallboard White NLBP 1st Floor, Enclosed Porch Walls Gypsum Wallboard White NLBP 1st Floor, Enclosed Porch Walls Wood -- NLBP 1St Floor, Enclosed Porch Ceiling Gypsum Wallboard White NLBP 1s1 Floor, Enclosed Porch Door Wood White NLBP 11t Floor, Enclosed Porch Crown Molding Wood White NLBP Test Location Component Substrate Paint Color XRF Classification/Result 15'Floor, Enclosed Porch Trim Paint Wood White NLBP 11t Floor, Enclosed Porch Door Wood White NLBP 15'Floor Staircase Walls Gypsum Wallboard Yellow NLBP 1s1 Floor Staircase Ceiling Gypsum Wallboard White NLBP 15t Floor Staircase Risers Wood White NLBP 2nd Floor Bathroom Walls Plaster Pink NLBP 2nd Floor Bathroom Ceiling Gypsum Wallboard White NLBP 2nd Floor Bathroom Trim Wood White NLBP 2nd Floor Bathroom Cabinet Wood White NLBP 2nd Floor Bathroom Window Frame Wood White NLBP 2nd Floor Bedroom 1 Walls Gypsum Wallboard Yellow NLBP 2nd Floor Bedroom 1 Cabinet Wood White NLBP 2nd Floor Bedroom 1 Ceiling Gypsum Wallboard White NLBP 2nd Floor Bedroom 1 Floor Wood --- NLBP 2nd Floor Bedroom 1 Trim Wood White NLBP 2nd Floor Bedroom 1 Door Wood White NLBP 2nd Floor Bedroom 1 Window Frame Wood White NLBP 2nd Floor Bedroom 2 Walls Gypsum Wallboard Pink NLBP 2nd Floor Bedroom 2 Ceiling Gypsum Wallboard White NLBP 2nd Floor Bedroom 2 Floor Wood --- NLBP 2nd Floor Bedroom 2 Trim Wood White NLBP 2nd Floor Bedroom 2 Crown Molding Wood White NLBP 2nd Floor Bedroom 2 Window Frame Wood White NLBP Exterior of House, Below Siding Wood Clapboard Wood Yellow LBP Exterior of House Oil Tank Metal Silver NLBP Exterior of House Wood on Enclosed Porch Wood White NLBP NLBP = Results Classified as Negative by XRF or that have a concentration of lead less than 0.5% by weight. LBP = Results Classified as Positive by XRF or that have a concentration of lead more than 0.5% by weight 5.0 AREAS NOT ACCESSIBLE New York Environmental & Analytical Laboratories, Inc. inspected and sampled materials, which were observable and accessible to the survey team. It is possible; however, that additional suspect lead may exist under concealed spaces, which were not accessible without using destructive means. Any paints that have not been tested and/or found to be lead based paints must be assumed to be lead based paints. i- APPENDIX A 6.0 XRF TEST DATA REPORTS Sample / Number Test Location Substrate Paint Color Component K Shell Reading XRF Classification Laboratory ResultResult (By AAS) 1 --- --- --- Office Calibration @0930 1.0 -- -- 2 --- --- --- Office Calibration @0931 1.0 --- --- 3 -- --- --- Office Calibration @0932 1.0 --- --- 4 -- --- --- Calibration @1310 1.0 --- --- 5 --- --- --- Calibration @1311 1.0 --- --- 6 --- --- --- Calibration @1312 1.0 --- --- --- Structure 1 7 Interior Plaster White Wall -0.2 Negative --- 8 Interior Plaster White Wall 0.1 Negative --- 9 Interior Wood Blue Wall -0.1 Negative --- 10 Interior Wood Blue Wall 6.5 Positive --- 11 Exterior Wood Beige Wood Siding 2.7 Positive --- 12 Exterior Wood White Trim Paint 5.5 Positive --- Structure 2 --- 13 Exterior Wood Gray Siding 0.2 Negative -- 14 Exterior Wood Gray Siding 6.0 Positive --- 15 Exterior Wood White Trim Paint 3.4 Positive --- 16 Interior Wood White Trim Paint 2.9 Positive -- 17 Interior Plaster Pink Wall -0.2 Negative --- 18 Interior Plaster Pink Wall -0.1 Negative --- 19 Interior Plaster Blue Wall -0.2 Negative --- 20 Interior Plaster Blue Wall -0.2 Negative --- -- Silo --- 21 Exterior of Silo Concrete White Wall 0.4 Negative --- 22 Exterior of Silo Concrete White Wall 0.4 Negative --- --- Main House -'- Sample XRF Classification/ Laboratory Result Number Test Location Substrate Paint Color Component K Shelf Reading Result (By AAS) 23 1st Floor Living Room Gypsum Wallboard Yellow Wall 1 0.2 Negative --- 24 1s'Floor Living Room Gypsum Wallboard Yellow Wall 2 0.4 Negative -- 25 1st Floor Living Room Gypsum Wallboard Yellow Wall 3 0.2 Negative --- 26 1st Floor Living Room Gypsum Wallboard Yellow Wall 4 0.1 Negative --- 27 1s1 Floor Living Room Gypsum Wallboard White Ceiling 0.3 Negative --- 28 1st Floor, Dining Room Wood White Window Frame -0.1 Negative 29 1st Floor Living Room Wood --- Wood Flooring 0.2 Negative --- 30 1st Floor Living Room Wood White Base Molding -0.2 Negative — 31 11'Floor Living Room Wood White Wall Trim 0.2 Negative --- 32 1st Floor Living Room Metal Silver Radiator Paint 0.1 Negative --- 33 1s'Floor Living Room Entrance Door White Door 1.5 Positive --- 34 11'Floor Between Living Wood White Closet Door 2.9 Positive --- Room and Dining Room 35 1s1 Floor, Dining Room Gypsum Wallboard Pink Wall 1 0.3 Negative --- 36 1st Floor, Dining Room Gypsum Wallboard Pink Wall 2 0.3 Negative --- 37 1st Floor, Dining Room Gypsum Wallboard Pink Wall 3 -0.1 Negative -- 38 1st Floor, Dining Room Gypsum Wallboard Pink Wall 4 0.1 Negative --- 39 1st Floor, Dining Room Gypsum Wallboard White Ceiling -0.2 Negative 40 1st Floor, Dining Room Wood --- Wood Flooring 0.3 Negative --- 41 11t Floor, Dining Room Wood White Base Molding -0.3 Negative -- 42 1st Floor, Dining Room Wood White Wall Trim 0.2 Negative --- 43 1st Floor, Dining Room Wood White Window Frame 0.4 Negative --- 44 11t Floor Kitchen Gypsum Wallboard White Ceiling 0.2 Negative -- 45 1st Floor Kitchen Wood White Crown Molding 0.2 Negative --- 46 1st Floor Kitchen Wood White Trim Paint -0.1 Negative --- 47 1st Floor Kitchen Wood White Cabinets 0.2 Negative 48 1st Floor Kitchen Wood White Window Frame 0.4 Negative --- 49 1st Floor Kitchen Metal White Radiator Paint 0.1 Negative --- a�� - r Sample XRF Classification/ Laboratory Result Number Test Location Substrate Paint Color Component K Shell Reading Result (By AAS) 50 1st Floor Hallway Leading Wood White Cabinets -0.3 Negative to Bathroom 51 1st Floor Hallway Leading Gypsum Wallboard White Wall 0.2 Negative --- to Bathroom 52 1st Floor Hallway Leading Gypsum Wallboard White Ceiling 0.3 Negative --- to Bathroom 53 1st Floor, Bathroom Gypsum Wallboard White Wall 1 0.3 Negative --- 54 1st Floor, Bathroom Gypsum Wallboard White Wall 2 0.3 Negative -- 55 11t Floor, Bathroom Gypsum Wallboard White Wall 3 -0.2 Negative --- 56 1s1 Floor, Bathroom Gypsum Wallboard White Wall 4 0.1 Negative --- 57 1st Floor, Bathroom Gypsum Wallboard White Ceiling 0.2 Negative --- 58 1st Floor, Enclosed Porch Gypsum Wallboard White Wall 1 0.1 Negative --- 59 1st Floor, Enclosed Porch Gypsum Wallboard White Wall 2 0.1 Negative --- 60 1st Floor, Enclosed Porch Gypsum Wallboard White Wall 3 0.2 Negative --- 61 1st Floor, Enclosed Porch Wood --- Wall -0.3 Negative 62 1s'Floor, Enclosed Porch Gypsum Wallboard White Ceiling 0.2 Negative --- 63 111 Floor, Enclosed Porch Wood White Door 0.4 Negative --- 64 1st Floor, Enclosed Porch Wood White Crown Molding 0.2 Negative --- 65 1st Floor, Enclosed Porch Wood White Trim Paint 0.1 Negative --- 66 1st Floor, Enclosed Porch Wood White Door 0.3 Negative --- 67 1s'Floor Staircase Gypsum Wallboard Yellow Wall 1 0.1 Negative --- 68 1st Floor Staircase Gypsum Wallboard Yellow Wall 2 0.2 Negative --- 69 1st Floor Staircase Gypsum Wallboard White Ceiling 0.2 Negative --- 70 1s'Floor Staircase Wood White Risers -0.4 Negative --- 71 2nd Floor Bathroom Plaster Pink Wall1 0.3 Negative --- 72 2nd Floor Bathroom Plaster Pink Wall 2 0.2 Negative 73 2nd Floor Bathroom Plaster Pink Wall 3 0.1 Negative --- 2nd Floor Bathroom Gypsum Wallboard White Ceiling 0.2 Negative --- 75 2nd Floor Bathroom Wood White Trim 0.1 Negative --- Sample Test Location Substrate Paint Color Component K Shell Reading XRF Classification/ Laboratory Result Number Result (By AAS) 76 2"d Floor Bathroom Wood White Cabinet 0.3 Negative --- 77 2"d Floor Bathroom Wood White Window Frame 0.1 Negative --- 78 2nd Floor Bedroom 1 Gypsum Wallboard Yellow Wall 1 0.1 Negative --- 79 2nd Floor Bedroom 1 Gypsum Wallboard Yellow Wall 2 0.1 Negative --- 80 2nd Floor Bedroom 1 Gypsum Wallboard Yellow Wall 3 0.2 Negative --- 81 2nd Floor Bedroom 1 Wood White Cabinet 0.2 Negative --- 82 2nd Floor Bedroom 1 Gypsum Wallboard White Ceiling 0.3 Negative --- 83 2nd Floor Bedroom 1 Wood --- Floor -0.4 Negative 84 2nd Floor Bedroom 1 Wood White Trim 0.1 Negative 85 2nd Floor Bedroom 1 Wood White Door 0.1 Negative 86 2nd Floor Bedroom 1 Wood White Window Frame -0.1 Negative 87 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 1 -0.1 Negative -- 88 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 2 0.1 Negative --- 89 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 3 0.1 Negative --- 90 2nd Floor Bedroom 2 Gypsum Wallboard Pink Wall 3 0.2 Negative -- 91 2nd Floor Bedroom 2 Gypsum Wallboard White Ceiling 0.3 Negative -- 92 2nd Floor Bedroom 2 Wood --- Floor -0.3 Negative 93 2nd Floor Bedroom 2 Wood White Trim 0.2 Negative 94 2nd Floor Bedroom 2 Wood White Crown Molding 0.2 Negative 95 2nd Floor Bedroom 2 Wood White Window Frame 0.1 Negative 96 Exterior of House, Below Siding Wood Yellow Wood Clapboard 5.3 Positive 97 Exterior of House Metal Silver Oil Tank 0.4 Negative 98 Exterior of House Wood White Wood on Enclosed Porch 0.2 Negative 99 Exterior of House Wood White Wood Trim on Enclosed 0.2 Negative Porch 100 --- --- --- Calibration @1542 1.0 --- 101 --- --- --- Calibration @1543 1.0 --- --- �� � II i tj U Sample XRF Classification/ Laboratory Result Number Test Location Substrate Paint Color Component K Shell Reading Result (BY aril 102 --- --- --- Calibration @1544 1.0 --- --- 103 --- --- --- Office Calibration @1920 1.0 --- --- 104 --- --- --- Office Calibration @1921 1.0 --- --- 105 --- --- --- Office Calibration @1922 1.0 --- --- �Ll U iL -__� APPENDIX B 7.0 LABORATORY ACCREDITATIONS J Unt 01 is rrtt t r1J., 5-51) f j .;, New York Environmenta 'Analytical Labs, Inc. has fulfilled the--r;� -the'\.o ,�.'qnjeol Act(tiCGA) Section 402, and has ,,quirements�f if"tepursuan 1!940 CFR Part 745.226 rtTO�tion to c6bbyi�ccf d.�," received ce -,'ilb6int activs J New York This certification is valid from the date of issuance and expires May 08, 2018 NY-124686-2 -D N SP,4)Z Certification# Michelle Price, Chief May 07, 2015 Z LU Lead, Heavy Metals, and Inorganics Branch Issued On i NEW YORK STATE DEPARTMENT OF HEALTH RADIOACTIVE MATERIALS LICENSE �PACEL 15�F Pursuant to the Public Health Law, Part 16 of the New York State Sanitary Code, Industrial Code Rule 38, and in reliance on statements and representations heretofore made by the licensee designated below, a license is hereby. issued authorizing radioactive material(s)for the purpose(s), and at the place(s) designated below. The license is subject to all applicable rules, regulations, and orders now or hereafter in effect of all appropriate regulatory agencies and to any conditions specified below. 1. NAME OF LICENSEE 3. LICENSE NUMBER FEIN 11-2887020 C3140 New York Environmental & Material 4. EXPIRATION DATE Testing Laboratories, Inc. Phone (516)944-9500 March 5,2024 2.ADDRESS OF LICENSEE 5a. REFERENCE b.AMENDMENT NO. 88-90 Harbor Road DH 13-272, 3 Port Washington,New York 11050 6. Radioactive Materials 7. Chemical and/or 8. Maximum quantity licensee (elements in mass number) physical form may possess at any one time A. Cobalt 57 A. Sealed source A. 24 millicuries maximum. No single source to exceed 12 millicuries 9. Authorized use. Condition 6.A.: A. The. licensee is authorized to use any sealed source, or associated portable x-ray fluorescence device which has been manufactured and distributed in accordance with a specific license issued by an Agreement State or the United States Nuclear Regulatory Commission. Combinations of sources and devices must be compatible for use as stated in a Sealed Source and Device Registration Certificate (i.e., stated in the registration certificate for the source or device). B. No single source may exceed the maximum activity specified for that nuclide in the Sealed Source and Device Registration Certificate for any device in which the source is to be used. Page 1 of 4 K. 011'� e3F *qk ZyA LTC %ms N 1W Vk' tit te Of This is to certify that Kurt Bruno New York Environmental on the 19th of Ap , 20monor RMD's LPA- 1 Lead Paint Inspection System including,but not limited to the topics of Radiation Safety, DOT Regulations,Hazmat Security Awareness and the Proper Use of the Instrument 'kathleen Tighe—, Saf�s Manager RMD 130 Galen Street, Watertown, Massachusetts a.. Uw F NEW YORK STATE DEPARTMENT OF HEALTH A RADIOACTIVE MATERIALS LICENSE EaCEGSlOR 3. License Number C3140 5a. Reference DH 13-272 b.Amendment No.3 9. C. Only portable x-ray fluorescence devices which require continuous activation by the operator, and which incorporate a mechanism to automatically return the source to its shielded position(e.g., a"dead-man" switch)may be obtained and used under this license. Devices which rely upon positive action by the operator to shield the source,.such as operation of a key switch, or which do not require continuous operator activation during exposure, are not authorized under this license. 10. A. The Radiation Safety Officer(RSO)for this License is Michael Baudo. B. Licensed material shall be used by, or under the supervision of, the Radiation Safety Officer,by licensee personnel trained and certified by the manufacturer. The licensee shall maintain a complete and accurate record of the qualifications of each person permitted to use radiation sources under this license. 11. Except as specifically provided otherwise in this License, the licensee shall conduct its program in accordance with the statements,"representation and procedures contained in the documents, including any enclosures, listed below. The Department's Regulations shall govern, unless the statements, representation and procedures in the licensee's application and correspondence are more restrictive than the Regulations. A. Application dated June 24,2013, signed by Mike Baudo,with attachments. 12. A. Licensed material shall be stored at the location indicated in Condition 2 and may be used at temporary job sites of the licensee anywhere within the State of New York, where the Department of Health exercises jurisdiction. B. Overnight storage at other locations shall be in accordance with statements refefenced in Condition 11 of the license, provided that such storage may not be in a residence, or in an attached garage except within a vehicle. Any vehicle used for storage shall be driven only for purposes associated with use or transport of the contained radioactive material, by a person qualified to use the material, and no passengers shall be carried unless they are also involved in work under this license. Vehicular storage shall only be allowed if no other storage is possible and shall not exceed five (5) consecutive nights unless authorization to exceed this limit is obtained from the Department. Page 2 of 4 NEW YORK STATE DEPARTMENT OF HEALTH RADIOACTIVE MATERIALS LICENSE � CELS10A 3. License Number C3140 5a. Reference DH 13-272 b.Amendment No. 3 12. C. . Under no circumstances shall radioactive material authorized by this license be transferred to the custody of any person or firm other than the licensee, or be used or stored by another person or firm or its employees; unless that person or firm possesses a valid license to possess and use such radioactive material. 13. Sealed sources containing radioactive materials shall not be opened or removed from devices. 14. A. The licensee is not authorized to dismantle, repair or affect any changes in the source holders/devices. B. The licensee shall not alter labels attached to source holders or devices, and shall maintain labels in legible condition at all times. 15. The licensee shall instruct persons who engage in work under the license, in accordance with 10 NYCRR 16.13(c). Such instruction shall include the licensee's operating and emergency procedures, and other information contained in documents incorporated in Condition 11. 16. The licensee shall conduct a physical inventory every six (6) months to .account for all devices received and possessed under the License. The records of the inventories shall be maintained for three (3) years from the date of the inventory for inspection by the Department, and.shall include the quantities and kinds of licensed material,manufacturer's name and model number, location of devices,the date of the inventory, and the name of the person who performed it. 17. A. The licensee shall maintain a utilization log containing the identification of devices used, dates removed and returned to storage,the location of use, and the identity of user. B. The log shall be kept at the location of storage and shall contain sufficient detail to enable the licensee to inform the Department at any time, of the exact location of each device. 18. Current copies of the following documents shall be maintained at temporary job sites for Department inspection: A. The manufacturer's instruction manual and the licensee's operating and emergency procedures. Page 3 of 4 NEW YORK STATE DEPARTMENT OF HEALTH .. .� Tri. C';;a•. .j. RADIOACTIVE MATERIALS LICENSE SCF o 3. License Number C3140 5a. Reference DH 13-272 b.Amendment No.3 18. B. A copy of the results of the latest test for leakage and/or contamination performed on the sealed sources. C. A copy of this license. 19. In the event that a theft, loss or other serious incident does occur, the Department shall be notified immediately by telephone and subsequent information acquired by the licensee shall be reported as it is received. All device users must carry the NYSDOH's current telephone number in their emergency procedures. 20. The licensee shall ensure that all persons authorized to use portable devices comply with safe use and maintenance procedures and that they do not leave a device unattended or unsecured at an time, even for a few minutes. FOR THE NEW YORK STATE DEPARTMENT OF HEALTH Date: March 5, 2014 By /<f Daniel J. S mson, CHP, Chief DJS/MTS:gsd/ks Radioactive Materials Section Bureau of Envirom-Liental Radiation Protection Page 4 of 4 APPENDIX C 8.0 XRF PERFORMANCE CHARACTERISTIC SHEET ' J RMD LPA•1,PCS Edition 5 Page 1 of 4 Performance Characteristic Sheet EFFECTIVE DATE: October 25, 2006 EDITION NO.: S MANUFACTURER AND MODEL: Make: Radiation Monitoring Devices Model: LPA-1 Source: 57Co Note: This sheet supersedes all previous sheets for the XRF instrument of the make, model,and source shown above for instrgments sold or swvlced after June 26. 1093. For other instruments. see prior ed/tions FIELD OPERATION GUIDANCE OPERATING PARAMETERS: Quick mode or 30-second equivalent standard(Time Corrected)mode readings. XRF CALIBRATION CHECK LIMITS: 0.7 to 1.3 mg/cm2(inclusive) SUBSTRATE CORRECTION: For XRF results below 4.0 mg/cm2, substrate correction is recommended for: Metal using 30-second equivalent standard (Time Corrected)mode readings. None using quick mode readings. Substrate correction is not needed for: Brick, Concrete, Drywall, Plaster, and Wood using 30-second equivalent standard(Time Corrected)mode readings Brick, Concrete, Drywall, Metal, Plaster,and Wood using quick mode readings THRESHOLDS: 30-SECOND EQUIVALENT STANDARD SUBSTRATE THRESHOLD MODE READING DESCRIPTION m lcm2 Brick 1.0 Results corrected for substrate bias Concrete 1.0 on metal substrate only Drywall 1.0 Metal 0.9 Plaster 1.0 Wood 1.0 QUICK MODE SUBSTRATE THRESHOLD READING DESCRIPTION (Mg/CM2) Brick 1.0 Readings not corrected for substrate bias Concrete 1.0 on any substrate Drywall 1.0 Metal 1.0 Plaster 1.0 Wood 1.0 i RMD LPA-1.PCS Edition 5 Page 2 of 4 BACKGROUND INFORMATION EVALUATION DATA SOURCE AND DATE: This sheet is supplemental information to be used In conjunction with Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards In Housing ('HUD Guidelines'). Performance parameters shown on this sheet are calculated from the EPA/HUD evaluation using archived building components. Testing was conducted on approximately 150 test locations In July 1995. The instrument that performed testing In September had a new source installed in June 1995 with 12 mCi initial strength. OPERATING PARAMETERS: Performance parameters shown in this sheet are applicable only when properly operating the instrument using the manufacturers instructions and procedures described in Chapter 7 of the HUD Guidelines. XRF CALIBRATION CHECK: The calibration of the XRF instrument should be checked using the paint film nearest 1.0 mg/cm2 in the NIST Standard Reference Material (SRM)used(e.g.,for NIST SRM 2579, use the 1.02 mg/cm2 film). If readings are outside the acceptable calibration check range, follow the manufacturers instructions to bring the instruments into control before XRF testing proceeds. SUBSTRATE CORRECTION VALUE COMPUTATION: Chapter 7 of the HUD Guidelines provides guidance on correcting XRF results for substrate bias. Supplemental guidance for using the paint film nearest 1.0 mg/cm2 for substrate correction is provided: XRF results are corrected for substrate bias by subtracting from each XRF result a correction value determined separately in each house for single-family housing or in each development for multifamily housing,for each substrate. The correction value-is an average of XRF readings taken over the NIST SRM paint film nearest to 1.02 mg/cm2 at test locations that have been scraped bare of their paint covering. Compute the correction values as follows: Using the same XRF instrument,take three readings on a bare substrate area covered with the NIST SRM paint film nearest 1 mg/cm2. Repeat this procedure by taking three more readings on a second bare substrate area of the same substrate covered with the NIST SRM. Compute the correction value for each substrate type where XRF readings indicate substrate correction is needed by computing the average of all six readings as shown below. For each substrate type(the 1.02 mg/cm2 NIST SRM is shown in this example;use the actual lead loading of the NIST SRM used for substrate correction): Correction value=(1 st+2nd+3rd+4th+5th+6th Reading)/6-1.02 mg/cm2 Repeat this procedure for each substrate requiring substrate correction in the house or housing development. EVALUATING THE QUALITY OF XRF TESTING: Randomly select ten testing combinations for retesting from each house or from two randomly selected units in multifamily housing. Use either the Quick Mode or 30-second equivalent standard(Time Corrected)Mode readings. RMD LPA-1,PCS Edition 5 Page 3 of 4 Conduct XRF re-testing at the ten testing combinations selected for retesting. Determine If the XRF testing In the units or house passed or failed the test by applying the steps below. Compute the Retest Tolerance Limit by the following steps: Determine XRF results for the original and retest XRF readings. Do not correct the original or retest results for substrate blas. In single-family and multi-family housing, a result Is defined as a single reading. Therefore,there will be ten original and ten retest XRF results for each house or for the two selected units. Calculate the average of the original XRF result and retest XRF result for each testing combination. Square the average for each testing combination. Add the ten squared averages together.Call this quantity C. Multiply the number C by 0.0072.Call this quantity D. Add the number 0.032 to D. Call this quantity E. Take the square root of E. Call this quantity F. Multiply F by 1.645.The result is the Retest Tolerance Limit. Compute the average of all ten original XRF results. Compute the average of all ten re-test XRF results. Find the absolute difference of the two averages. If the difference is less than the Retest Tolerance Limit,the inspection has passed the retest. If the difference of the overall averages equals or exceeds the Retest Tolerance Limit,this procedure should be repeated with ten new testing combinations. If the difference of the overall averages is equal to or greater than the Retest Tolerance Limit a second time,then the inspection should be considered deficient. Use of this procedure is estimated to produce a spurious result approximately 1%of the time.That is, results of this procedure will call for further examination when no examination is.warranted in approximately 1 out of 100 dwelling units tested. BIAS AND PRECISION: Do not use these bias and precision data to correct for substrate bias.These bias and precision data were computed without substrate correction from samples with reported laboratory results less than 4.0 Mg/CM2 lead.The data which were used to determine the bias and precision estimates given in the table below have the following properties. During the July 1995 testing,there were 15 test locations with a laboratory-reported result equal to or greater than 4.0 mg/cm2 lead..Of these,one 30-second standard mode reading was less than 1.0 mg/cm2 and none of the quick mode readings were less than 1.0 mg/cm2. The instrument that tested in July is representative of instruments sold or serviced after June 26, 1995. These data are for illustrative purposes only.Actual bias must be determined on the site. Results provided above already account for bias and precision.Bias and precision ranges are provided to show the variability found between machines of the same model. RMD LPA-1,PCS Edition 5 Page 4 of 4 30 E OND DING MEAttURtO AT tTANDARD MODE SUBSTRATE BIAS(mplcm�) PRECISION'(mg/cm=) READIN R Brick 0.0 0.1 0.0 mWern, Concrete 0.0 0.1 Drywall 0.1 0.1 Metal 0.3 0.1 Plaster 0.1 0.1 Wood 0.0 0.1 0.5 mg/cm2 Brick 0.0 0.2 Concrete 0.0 0.2 Drywall 0.0 0.2 Metal 0.2 0.2 Plaster 0.0 0.2 Wood 0.0 0.2 Brick 0.0 0.3 1.0 mg/cm2 Concrete 0.0 0.3 Drywall 0.0 0.3 Metal 0.2 0.3 Plaster 0.0 0.3 Wood 0.0 0.3 Brick -0.1 0.4 2.0 mg/cm2 Concrete -0.1 0.4 Drywall -0.1 0.4 Metal 0.1 0.4 Plaster -0.1 0.4 Wood -0.1 0.4 'Precision at 1 standard deviation. CLASSIFICATION RESULTS: XRF results are classified as positive if they are greater than the upper boundary of the inconclusive range, and negative if they are less than the lower boundary of the inconclusive range,or inconclusive if in between.The inconclusive range includes both its upper and lower bounds. Earlier editions of this XRF Performance Characteristics Sheet did not include both bounds of the inconclusive range as "inconclusive." While this edition of the Performance Characteristics Sheet uses a different system,the specific XRF readings that are considered positive,negative,or inconclusive fora given XRF model and substrate remain unchanged, so previous inspection results are not affected. DOCUMENTATION: An EPA document titled Methodology for XRF Performance Characteristic Sheets provides an explanation of the statistical methodology used to construct the data in the sheets,and provides empirical results from using the recommended inconclusive ranges or thresholds for specific XRF instruments. For a copy of this document call the National Lead Information Center Clearinghouse at 1-800-424-LEAD.A HUD document titled A Nonparametric Method for Estimating the 5th and 95th Percentile Curves of Variable-Time XRF Readings Based on Monotone Regression provides supplemental information on the methodology for variable-time XRF instruments.A copy of this document can be obtained from the HUD lead web site,www.hud.gov/officesAead. This XRF Performance Characteristic Sheet was developed by QuanTech, Inc.,under a contract from the U.S.Department of Housing and Urban Development(HUD).HUD has determined that the information provided here is acceptable when used as guidance in conjunction with Chapter 7, Lead-Based Paint Inspection,of HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. APPENDIX D 9.0 SITE PLANS ON *� of, Of' ON { } r ti lb�6 t IL �. �t ' SL f 00 /� M Structure 1 � (Samples 7- 12) S p�3URN�� gU1LDlNC�S �` Structure 3 Silo (Samples 21 -221 88 HARBOR ROAD PORT WASHINGTON, NY 11050 NEW YORK (516)944-9500 ^ FAX(516)944-9507 ® � 0® ENVIRONIVENTAL www.nyenvironmental.com INSPECTION FOR ASBESTOS-CONTAINING MATERIALS Performed at: SILLS FARM 70282/70284 MAIN RD: GREENPORT, NY Performed for: ZEB ENVIRONMENTAL SOLUTIONS 188 WEST MONTAUK HIGHWAY HAMPTON BAYS, NY 11946 Prepared by: NEW YORK ENVIRONMENTAL & ANALYTICAL LABORATORIES, INC. 88 HARBOR ROAD PORT WASHINGTON, NEW YORK 11050 PROJECT NO. 45178 APRIL 8, 2016 TABLE OF CONTENTS 1.0 BACKGROUND 2.0 SCOPE OF WORK 3.0 SUMMARY OF INSPECTION RESULTS 4.0 INSPECTION RESULTS TABLE 5.0 CONCLUSIONS AND RECOMMENDATIONS 6.0 AREAS NOT ACCESSIBLE APPENDICES 7.0 APPENDIX A: Analytical Results and Chain of Custody 8.0 APPENDIX B: Personal Licenses 9.0 APPENDIX C: Laboratory Accreditations 10.0 APPENDIX D: Sample/ACM Location Drawings 1.0 BACKGROUND New York Environmental &Analytical Laboratories, Inc., has conducted an asbestos survey for the presence of asbestos-containing materials (ACM) at the following building: Location: Sill's Farm Address: 70282/70284 Main Rd. Greenport, NY Job#: 45178 The investigator'and inspector responsible for this project were: Kurt Bruno NYC Investigator# 109545 Exp.: 10/16 Kurt Bruno NYS Designer# 91-01492 Exp.: 10/16 Matthew Hartman NYS Inspector#15-18105 Exp.: 02/17 Site Visits: March 31, 2016 Report Date: April 5, 2016 Field Procedures and Analysis Methodology: Guidelines used for the inspection were established by the Environmental Protection Agency (EPA) in the Guidance for Controlling Asbestos Containing Materials in Buildings, Office of Pesticides and Toxic Substances, DOC #560/5-85-024, and 40 CFR Part 763,Asbestos Hazard Emergency Response Act (AHERA). Field information was organized as per the AHERA concept of homogenous area (HA). That is, suspect ACM with similar age, appearance, and texture was grouped together, sampled and assessed for condition. Bulk samples of suspect ACM were analyzed by Polarized Light Microscopy (PLM) with dispersion staining, as described in 40 CFR Part 763 and the National Emissions Standard for Hazardous Air Pollutants (NESHAPS). The New York State Department of Health has recently revised the PLM Stratified Point Counting Method. The new method, "Polarized Light Microscopy Methods for Identifying and Quantitating Asbestos in Bulk Samples" can be found as item 198.1 in the ELAP certification manual. The State of New York ELAP has determined that analysis of non-friable organically bound materials (NOB's) is not reliably performed by PLM. Therefore, if PLM yields negative results for a non-friable material, it must be confirmed by Transmission Electron Microscopy (TEM). All samples were initially analyzed by Polarized Light Microscopy. Samples which yielded a negative PLM result and which are classified as a "non-friable" -material, were then re- analyzed utilizing Transmission Electron Microscopy methodology: 2.0 SCOPE OF WORK The areas inspected for asbestos-containing materials and which may be impacted by the renovation work are the following: 1. Structures 1, 2, 3 2. Silo 3. Main House The inspection was characterized by a close visual inspection of all accessible areas. Suspect materials found were sampled and inventoried for quantity, condition and friability. Materials examined included: - Structure 1 -White Wall Insulation - Structure 1 - Black Above Grade,Flashing - Structure 1 - Gray Cementitious Wall Material - Structure 1 -Gray Cinderblock Mortar - Structure 1 - Cinderblock - Structure 1 - Gray Brick Mortar - Structure 1 - Brick - Structure 1 - Black Tar Paper Below Roofing Shingles - Structure 1 - Red Bottom Layer Roofing Shingles - Structure 1 - Gray Top Layer Roofing Shingles - Structure 1 - Concrete Foundation - Structure 1 -Wood Walls - Structure 1 -Wooden Roof Deck - Structure 2 -White Wall Insulation - Structure 2 - Brown Stucco - Structure 2 - Black Tar On Stucco - Structure 2 - Gray Brick Mortar - Structure 2 - Brick - Structure 2 - Black Chimney Cleanout Flashing - Structure 2 - Gray Roofing Shingles - Structure 2 -Wall Plaster, Brown Coat - Structure 2 -Wall Plaster, White Coat - Structure 2 -White Ceiling Plaster - Structure 2 - Concrete Foundation - Structure 2 -Wood Walls - Structure 2 -Wooden Roof Deck - Structure 3 - Brown Fiber Wall Board - Structure 3 - Gray Cinderblock Mortar - Structure 3 - Cinderblock - Structure 3 - Black Tar Paper Under Roofing Shingles '; _ - Structure 3 - Red Bottom Layer Roofing Shingles - Structure 3 - Green Middle Layer Roofing Shingles - Structure 3 - Gray Top Layer Roofing,Shingles - Structure 3 - Concrete Foundation - Structure 3 -Wood Walls - Structure 3 -Wooden Roof Deck - Silo - Black Tar on Exterior of Silo - Silo - Concrete Walls - Main House, Exterior Facade - Gray Brick Mortar - Main House, Exterior Fagade - Brick - Main House, Exterior Fagade - Brown Door Caulking - Main House Exterior-Wood Clapboard Siding Under Vinyl Siding - Main House Exterior-Vinyl Siding - Main House, Roof- Red Bottom Layer Shingles - Main House, Roof- Black Tar In Between Bottom And Top Layer Shingles - Main House, Roof- Gray Top Layer Shingles - Main House, Basement - Gray Cinderblock Mortar - Main House, Basement- Cinderblock - Main House, Basement- Gray Flue Patch - Main House, Basement and Assumed to be Enclosed in Walls Throughout House - Thermal System Aircell Pipe Insulation, - Main House, Basement- Gray Mudded Joint To Pipe Insulation - Main House, Basement - No Suspect Boiler Insulation Observed - Main House, Basement- Concrete Floor - Main House, 1 st Floor, Kitchen - Black Mastic To 12x12 Vinyl Floor Tiles - Main House, 1st Floor, Kitchen - Beige 12x12 Vinyl Floor Tiles - Main House, 1 st Floor, Kitchen -Yellow Mastic To Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Brown Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Gray Metal Sink Undercoating - Main House, 1st Floor, Bathroom - Beige Self Glue 12x12 Floor Tiles - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Floor Tiles - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Wall Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Wall Tile - Main House, 1st Floor, Bathroom, Shower- Ceramic Wall.Tile - Main House, Throughout - Nylon/Plastic Coated Wire Insulation - Main House, Throughout- No Suspect Window Caulking/Glazing Observed - Main House, Throughout -Wooden Doors - Main House, Throughout - No Suspect Wall Insulation Observed - Main House, Throughout- Concrete Foundation - Main House, Throughout-Wood Walls - Main House, Throughout -Wood Floors � I - Main House, Throughout-Wooden Roof Deck - Main House, 2nd Floor, Bathroom -White Tub Caulking - Main House, Throughout-White Joint Compound To Sheetrock - Main House, Throughout- Gray Sheetrock 3.0 SUMMARY OF INSPECTION RESULTS The asbestos inspection was conducted on March 31, 2016 and involved a thorough visual examination of all areas and sampling of suspect materials. Laboratory analysis confirmed the presence of asbestos in the amount greater than 1% within the samples collected from the following material: - Structure 2 - Black Tar On Stucco - Structure 2 - Black Chimney Cleanout Flashing - Silo - Black Tar on Exterior of Silo - Main House, Basement- Gray Flue Patch - Main House, Basement and Assumed to be Enclosed in Walls Throughout House - Thermal System Aircell Pipe Insulation, - Main House, Basement- Gray Mudded Joint To Pipe Insulation Trace amounts (<1%) or no-asbestos were detected in the samples collected from the following materials. - Structure 1 -White Wall Insulation - Structure 1 - Black Above Grade Flashing - Structure 1 - Gray Cementitious Wall Material - Structure 1 - Gray Cinderblock Mortar - Structure 1 - Gray Brick Mortar - Structure 1 - Black Tar Paper Below Roofing Shingles - Structure 1 - Red Bottom Layer Roofing Shingles - Structure 1 - Gray Top Layer Roofing Shingles - Structure 2 -White Wall Insulation - Structure 2 - Brown Stucco - Structure 2 - Gray Brick Mortar - Structure 2 - Gray Roofing Shingles - Structure 2 -Wall Plaster, Brown Coat - Structure 2 -Wall Plaster, White Coat - Structure 2 -White Ceiling Plaster - Structure 3 - Brown Fiber Wall Board - Structure 3 - Gray Cinderblock Mortar - Structure 3 - Black Tar Paper Under Roofing Shingles - Structure 3 - Red Bottom Layer Roofing Shingles �n�-'c - Structure 3 - Green Middle Layer Roofing Shingles - Structure 3 - Gray Top Layer Roofing Shingles - Main House, Exterior Facade - Gray Brick Mortar - Main House, Exterior Fagade - Brown Door Caulking - Main House, Roof- Red Bottom Layer Shingles - Main House, Roof- Black Tar In Between Bottom And Top Layer Shingles - Main House, Roof- Gray Top Layer Shingles - Main House, Basement- Gray Cinderblock Mortar - Main House, 1 st Floor, Kitchen - Black Mastic To 12x12 Vinyl Floor Tiles - Main House, 1 st Floor, Kitchen - Beige 12x12 Vinyl Floor Tiles - Main House, 1st Floor, Kitchen -Yellow Mastic To Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Brown Masonite Wall Panel - Main House, 1 st Floor, Kitchen - Gray Metal Sink Undercoating - Main House, 1 st Floor, Bathroom - Beige Self Glue 12x12 Floor Tiles - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Floor Tiles - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Mortar To Ceramic Wall Tile - Main House, 1 st Floor, Bathroom, Shower- Gray Grout To Ceramic Wall Tile - Main House, 2nd Floor, Bathroom -White Tub Caulking - Main House, Throughout-White Joint Compound To Sheetrock - Main House, Throughout - Gray Sheetrock The following materials were found to be non-suspect. - Structure 1 - Cinderblock - Structure 1 - Brick - Structure 1 - Concrete Foundation - Structure 1 -Wood Walls - Structure 1 -Wooden Roof Deck - Structure 2 - Brick - Structure 2 - Concrete Foundation - Structure 2 -Wood Walls - Structure 2 -Wooden Roof Deck - Structure 3 - Cinderblock - Structure 3 - Concrete Foundation - Structure 3 -Wood Walls - Structure 3 -Wooden Roof Deck - Silo - Concrete Walls - Main House, Exterior Fagade - Brick - Main House Exterior-Wood Clapboard Siding Under Vinyl Siding - Main House Exterior-Vinyl Siding - Main House, Basement- Cinderblock - Main House, Basement- No Suspect Boiler Insulation Observed - Main House, Basement- Concrete Floor - Main House, 1 st Floor, Bathroom, Shower- Ceramic Floor Tile - Main House, 1 st Floor, Bathroom, Shower- Ceramic Wall Tile - Main House, Throughout - Nylon/Plastic Coated Wire Insulation - Main House, Throughout - No Suspect Window Caulking/Glazing Observed - Main House, Throughout -Wooden Doors - Main House, Throughout- No Suspect Wall Insulation Observed - Main House, Throughout- Concrete Foundation - Main House, Throughout-Wood Walls - Main House, Throughout-Wood Floors - Main House, Throughout-Wooden Roof Deck 4.0 INSPECTION RESULTS Proposed Work: Homogenous Location Material No. Of Results ACM Quantity Notes Area No. Samples Demolition and removal 1 Structure 1 White Wall Insulation 2 ND 0 of all buildings 2 Structure 1 Black Above Grade Flashing 2 ND 0 3 Structure 1 Gray Cementitious Wall 2 ND 0 Material 4 Structure 1 Gray Cinderblock Mortar 2 ND 0 4.1 Structure 1 Cinderblock 0 Not Suspect 0 Material 5 Structure 1 Gray Brick Mortar 2 ND 0 5.1 Structure 1 Brick 0 Not Suspect 0 Material 6 Structure 1 Black Tar Paper Below 2 ND 0 Roofing Shingles 6.1 Structure 1 Red Bottom Layer Roofing 2 ND 0 Shingles 6.2 Structure 1 Gray Top Layer Roofing 2 ND 0 Shingles 33 Structure 1 Concrete Foundation 0 Not Suspect 0 Material 34 Structure 1 Wood Walls 0 Not Suspect 0 Material 35 Structure 1 Wooden Roof Deck 0 Not Suspect 0 Material Materials Concealed or 48 Structure 1 Unable to be Accessed 0 Assumed TBD See note 1 within Portions of Structure ACM that Is Collapsed 7 Structure 2 White Wall Insulation 2 ND 0 8 Structure 2 Brown Stucco 2 ND 0 8.1 Structure 2 Black Tar On Stucco 2 ACM TBD 9 Structure 2 Gray Brick Mortar 2 ND 0 9.1 Structure 2 Brick 0 Not Suspect 0 Material 10 Structure 2 Black Chimney Cleanout 2 ACM 2 SF Flashing 11 Structure 2 Gray Roofing Shingles 2 ND 0 12 Structure 2 Wall Plaster, Brown Coat 3 ND 0 12.1 Structure 2 Wall Plaster,White Coat 3 ND 0 13 Structure 2 White Ceiling Plaster 3 ND 0 36 Structure 2 Concrete Foundation 0 Not Suspect 0 Material 37 Structure 2 Wood Walls 0 Not Suspect 0 Material 38 Structure 2 Wooden Roof Deck 0 Not Suspect 0 Material Materials Concealed or 49 Structure 2 Unable to be Accessed 0 Assumed TBD See note 1 within Portions of Structure ACM that Is Collapsed 14 Structure 3 Brown Fiber Wall Board 2 ND 0 15 Structure 3 Gray Cinderblock Mortar 2 ND 0 15.1 Structure 3 Cinderblock 0 Not Suspect 0 Material 16 Structure 3 Black Tar Paper Under 2 ND 0 Roofing Shingles 16.1 Structure 3 Red Bottom Layer Roofing 2 ND 0 Shingles 16.2 Structure 3 Green Middle Layer Roofing 2 ND 0 Shingles 16.3 Structure 3 Gray-Top Layer Roofing 2 ND 0 Shingles 39 Structure 3 Concrete Foundation 0 Not Suspect 0 Material 40 Structure 3 Wood Walls 0 Not Suspect Material Material 41 Structure 3 Wooden Roof Deck 0 Not Suspect 0 Material 17 Silo Black Tar on Exterior of Silo 2 ACM 10 SF 50 Silo Concrete Walls 0 Not Suspect 0 Material 18 Main House, Gray Brick Mortar 2 ND 0 Exterior Facade 18.1 Main House, Brick 0 Not Suspect 0 Exterior Fagade Material 19 Main House, Brown Door Caulking 2 ND 0 Exterior Fagade 51 Main House Exterior Wood Clapboard Siding 0 Not Suspect 0 Under Vinyl Siding Material 52 Main House Exterior Vinyl Siding 0 Not Suspect 0 Material 20 Main House, Roof Red Bottom Layer Shingles 2 ND 0 Black Tar In Between 20.1 Main House, Roof Bottom And Top Layer 2 ND 0 Shingles 20.2 Main House, Roof Gray Top Layer Shingles 2 ND 0 21 Main House, Gray Cinderblock Mortar 2 ND 0 Basement 21.1 Main House, Cinderblock 0 Not Suspect 0 Basement Material 22 Main House, Gray Flue Patch 2 ACM 2 SF Basement Main House, Basement and Thermal System Aircell Pipe 23 Assumed to be Insulation, 2 ACM 500 LF Enclosed in Walls Throughout House 24 Main House, Gray Mudded Joint To Pipe 2 ACM 20 SF Basement Insulation 53 - Main House, Concrete Floor 0 Not Suspect 0 Basement Material 25 Main House, 1st Black Mastic To 12x12 Vinyl 2 ND 0 Floor, Kitchen Floor Tiles Main House, 1st Beige 12x12 Vinyl Floor 25.1 Floor, Kitchen Tiles 2 ND 0 26 Main House, 1st Yellow Mastic To Masonite 2 ND 0 Floor, Kitchen Wall Panel 26.1 Main House, 1st Brown Masonite Wall Panel 2 ND 0 Floor, Kitchen 27 Main House, 1st Gray Metal Sink 2 ND 0 Floor, Kitchen Undercoating 28 Main House, 1st Beige Self Glue 12x12 Floor 2 ND 0 Floor, Bathroom Tiles Main House, 1st Gray Mortar To Ceramic 29 Floor, Bathroom, Floor Tiles 2 ND 0 .Shower Main House, 1st Gray Grout To Ceramic 29.1 Floor, Bathroom, Floor Tile 2 ND 0 Shower L;\L!/!�C-- Main House, 1st Not Suspect 42 Floor, Bathroom, Ceramic Floor Tile 0 Material 0 Shower Main House, 1st Gray Mortar To Ceramic 30 Floor, Bathroom, Wall Tile 2 ND 0 Shower Main House, 1st Gray Grout To Ceramic Wall 30.1 Floor, Bathroom, Tile 2 ND 0 Shower Main House, 1st Not Suspect 43 Floor, Bathroom, Ceramic Wall Tile 0 Material 0 Shower 52 Main House, Nylon/Plastic Coated Wire 0 Not Suspect 0 Throughout Insulation Material 54 Main House, Solid Wood Doors 0 Not Suspect 0 Throughout Material 44 Main House, No Suspect Wall Insulation 0 Not Suspect 0 Throughout Observed Material 45 Main House, Concrete Foundation 0 Not Suspect 0 Throughout Material 46 Main House, Wood Walls 0 Not Suspect 0 Throughout Material 55 Main House, Wood Floors 0 Not Suspect 0 Throughout Material 47 Main House, Wooden Roof Deck 0 Not Suspect 0 Throughout Material 31 Main House,2nd White Tub Caulking 2 ND 0 Floor, Bathroom 32 Main House, White Joint Compound To 2 ND 0 Throughout Sheetrock 32.1 Main House, Gray Sheetrock 2 ND 0 Throughout ACM =Asbestos Containing Material Non ACM =No asbestos detected TBD=To be determined Note 1: This material was assumed ACM because the material could only be accessed for sampling. All assumed materials shall be sampled and analyzed for asbestos content prior to abatement. i E7 5.0 CONCLUSIONS AND RECOMMENDATIONS Asbestos-containing materials, which may be affected by the scope of work, have been positively identified at various locations throughout the building. In the event that the identified ACM is to be disturbed by the proposed renovation work, proper asbestos abatement procedures shall be implemented prior to the commencement of such work. All asbestos abatement work shall be performed in accordance with all applicable Federal, State and local rules and regulations. The abatement project shall be filed with all agencies having jurisdiction over this project, such as USEPA and NYDEC. A licensed abatement contractor must perform the removal of all friable and non-friable ACM. New York Environmental&Analytical Laboratories, Inc., believes that the implementation of these recommendations will serve to best protect human health and the environment. This inspection was conducted solely for the (scope of work). If proposed work should change, additional samples may be necessary prior to any commencement of proposed work. To assure that the removal of the aforementioned ACM is properly and effectively carried out, the following recommendations are proposed by New York Environmental & Analytical Laboratories, Inc. A. Develop and implement a schedule that outlines the time frame for removal of asbestos- containing materials. B. Develop complete and concise specifications to effectively deal with removal of asbestos- containing material. These specifications should be developed to comply with all applicable Federal, State and Local regulations. C. Retain the service of an independent testing laboratory to monitor the quality of the air before, during and after the removal work. Retain all documentation and correspondence from the removal contractor, the testing laboratory and related items in a permanent record. 6.0 AREAS NOT ACCESSIBLE New York Environmental &Analytical Laboratories, Inc. inspected and sampled materials, which were observable and accessible to the survey team. It is possible, however, that additional suspect ACM may exist under concealed spaces, which were not accessible without using destructive means. Any materials that have not been tested and/or found asbestos positive must be assumed ACM. APPENDIX A 7.0 ANALYTICAL RESULTS AND CHAIN OF CUSTODY CERTIFICATES OF ANALYSIS LABORATORY RESULTS HA NO. Sample Lab ID No. Location Material PLM Result PLM-NOB TEM-NOB No. %Asbestos %Asbestos %Asbestos 1 1 14168-1 Structure 1 White Wall None Detected --- --- Insulation 1 2 14168-2 Structure 1 White Wall None Detected --- --- Insulation 2 3 14168-3 Structure 1 Black Above Grade --- None Detected None Detected Flashing 2 4 14168-4 Structure 1 Black Above Grade --- None Detected None Detected Flashing 3 5 14168-5 Structure 1 Gray Cementitious None Detected --- --- Wall Material 3 6 14168-6 Structure 1 Gray Cementitious None Detected --- --- Wall Material 4 7 14168-7 Structure 1 Gray Cinderblock None Detected --- --- Mortar 4 8 14168-8 Structure 1 Gray Cinderblock None Detected --- --- Mortar 5 9 14168-9 Structure 1 Gray Brick Mortar None Detected --- --- 5 10 14168-10 Structure 1 Gray Brick Mortar None Detected --- --- Black Tar Paper 6 11 14168-11 Structure 1 Below Roofing --- None Detected None Detected Shingles Black Tar Paper 6 12 14168-12 Structure 1 Below Roofing --- None Detected None Detected Shingles 6.1 13 14168-13 Structure 1 Red Bottom Layer --- None Detected None Detected Roofing Shingles 6.1 14 14168-14 Structure 1 Red Bottom Layer --- None Detected None Detected Roofing Shingles 6.2 15 14168-15 Structure 1 Gray Top Layer -_- None Detected None Detected Roofing Shingles 6.2 16 14168-16 Structure 1 Gray Top Layer --- None Detected None Detected Roofing Shingles 7 17 14168-17 Structure 2 White Wall None Detected --- Insulation 7 18 14168-18 Structure 2 White Wall None Detected --- --- Insulation 8 19 14168-19 Structure 2 Brown Stucco None Detected --- --- 8 20 14168-20 Structure 2 Brown Stucco None Detected --- --- 8.1 21 14168-21 Structure 2 Black Flashing On --- 11%Chrysotile Not Analyzed Stucco 8.1 22 14168-22 Structure 2 Black Flashing On --- Not Analyzed Not Analyzed Stucco 9 23 14168-23 Structure 2 Gray Brick Mortar None Detected --- --- 9 24 14168-24 Structure 2 Gray Brick Mortar None Detected --- --- 10 25 14168-25 Structure 2 Black Chimney 14% Chrysotile Not Analyzed Flashing 10 26 14168-26 Structure 2 Black Chimney ___ Not Analyzed Not Analyzed Flashing 11 27 14168-27 Structure 2 Gray Roofing _-_ None Detected None Detected Shingles 11 28 14168-28 Structure 2 Gray Roofing __- None Detected None Detected Shingles 12 29 14168-29 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12 30 14168-30 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12 31 14168-31 Structure 2 Wall Plaster, Brown None Detected --- --- Coat 12.1 32 14168-32 Structure 2 Wall Plaster,White None Detected --- --- Coat 12.1 33 14168-33 Structure 2 Wall Plaster,White None Detected --- --- Coat 12.1 34 14168-34 Structure 2 Wall Plaster,White None Detected --- --- Coat 13 35 14168-35 Structure 2 White Ceiling None Detected --- --- Plaster 13 36 14168-36 Structure 2 White Ceiling None Detected --- --- Plaster 13 37 14168-37 Structure 2 White Ceiling None Detected --- --- Plaster 14 38 14168-38 Structure 3 Brown Fiber Wall None Detected --- --- Board 14 39 14168-39 Structure 3 Brown Fiber Wall None Detected --- --- Board 15 40 14168-40 Structure 3 Gray Cinderblock None Detected --- --- Mortar 15 41 14168-41 Structure 3 Gray Cinderblock None Detected --- --- Mortar Black Tar Paper 16 42 14168-42 Structure 3 Under Roofing --- None Detected None Detected Shingles Black Tar Paper 16 43 14168-43 Structure 3 Under Roofing --- None Detected None Detected Shingles 16.1 44 14168-44 Structure 3 Red Bottom Layer --_ None Detected None Detected Roofing Shingles 16.1 45 14168-45 Structure 3 Red Bottom Layer --- None Detected None Detected Roofing Shingles 16.2 46 14168-46 Structure 3 Green Middle Layer --- None Detected None Detected Roofing Shingles 16.2 47 14168-47 Structure 3 Green Middle Layer --- None Detected None Detected Roofing Shingles 16.3 48 14168-48 Structure 3 Gray Top Layer --- None Detected None Detected Roofing Shingles r�Ij 16.3 49 14168-49 Structure 3 Gray Top Layer ___ None Detected None Detected Roofing Shingles 17 50 14168-50 Silo Black Side Flashing --- 9.9% Not Analyzed Chrysotile 17 51 14168-51 Silo Black Side Flashing --- Not Analyzed Not Analyzed 18 52 14168-52 Main House, _ Gray Brick Mortar None Detected --- --- Exterior Facade 18 53 14168-53 Main House, Gray Brick Mortar None Detected --- --- Exterior Facade 19 54 14168-54 Main House, Brown Door ___ None Detected None Detected Exterior Facade Caulking 19 55 14168-55 Main House, Brown Door ___ None Detected None Detected Exterior Facade Caulking 20 56 14168-56 Main House, Roof Red Bottom Layer ___ None Detected None Detected Shingles 20 57 14168-57 Main House, Roof Red Bottom Layer ___ None Detected None Detected Shingles Black Tar In 20.1 58 14168-58 Main House, Roof Between Bottom None Detected None Detected And Top Layer Shingles Black Tar In 20.1 59 14168-59 Main House, Roof Between Bottom ___ None Detected None Detected And Top Layer Shingles 20.2 60 14168-60 Main House, Roof Gray Top Layer ___ None Detected None Detected Shingles 20.2 61 14168-61 Main House, Roof Gray Top Layer ___ None Detected None Detected Shingles 21 62 14168-62 Main House, Gray Cinderblock None Detected --- --- Basement Mortar 21 63 14168-63 Main House, Gray Cinderblock None Detected --- --- Basement Mortar 22 64 14168-64 Main House, Gray Flue Patch 2.5% --- --- Basement Chrysotile 22 65 14168-65 Main House, Gray Flue Patch Not Analyzed --- --- Basement 23 66 14168-66 Main House Gray Pipe 30% Chrysotile --- Insulation 23 67 14168-67 Main House Gray Pipe Not Analyzed --- --- Insulation Main House, Gray Mudded Joint o 24 68 14168-68 Basement To Pipe Insulation 25/o Chrysotile --- --- Main House, Gray Mudded Joint Not Analyzed 24 69 14168-69 Basement To Pipe Insulation y Main House, 1 st. Black Mastic To 25 70 14168-70 Floor, Kitchen 12x12 Vinyl Floor --- None Detected None Detected Tiles Main House, 1st Black Mastic To 25 71 14168-71 Floor, Kitchen 12x12 Vinyl Floor --- None Detected None Detected Tiles 25.1 72 14168-72 Main House, 1st Beige 12x12 Vinyl ___ None Detected None Detected Floor, Kitchen Floor Tiles 25.1 73 14168-73 Main House, 1st Beige 12x12 Vinyl, --- None Detected None Detected Floor, Kitchen Floor Tiles Main House, 1st Yellow Mastic To 26 74 14168-74 Floor, Kitchen Masonite Wall --- None Detected None Detected Panel Main House, 1st Yellow Mastic To 26 75 14168-75 Floor, Kitchen Masonite Wall --- None Detected None Detected Panel 26.1 76 14168-76 Main House, 1st Brown Masonite None Detected --- --- Floor, Kitchen Wall Panel 26.1 77 14168-77 Main House, 1st Brown Masonite None Detected --- --- Floor, Kitchen Wall Panel Main House, 1st Gray Metal Sink 27 78 14168-78 Floor Undercoating None Detected --- --- Main House, 1st Gray Metal Sink 27 79 14168-79 Floor Undercoating None Detected --- --- 28 80 14168-80 Main House, 1st Beige Self Glue --- None Detected None Detected Floor, Bathroom 12x12 Floor Tiles 28 81 14168-81 Main House, 1st Beige Self Glue --- None Detected None Detected Floor, Bathroom 12x12 Floor Tiles Main House, 1st Gray Mortar To 29 82 14168-82 Floor, Bathroom, Ceramic Floor Tiles None Detected --- --- Shower Main House, 1st Gray Mortar To 29 83 14168-83 Floor, Bathroom, Ceramic Floor Tiles None Detected --- --- Shower Main House, 1st Gray Grout To 29.1 84 14168-84 Floor, Bathroom, Ceramic Floor Tile None Detected --- --- Shower Main House, 1st Gray Grout To 29.1 85 14168-85 Floor, Bathroom, Ceramic Floor Tile None Detected --- --- Shower Main House, 1 st Gray Mortar To 30 86 14168-86 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1 st Gray Mortar To 30 87 14168-87 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1 st Gray Grout To 30.1 88 14168-88 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower Main House, 1st Gray Grout To 30.1 89 14168-89 Floor, Bathroom, Ceramic Wall Tile None Detected --- --- Shower 31 90 14168-90 Main House, 2nd White Tub Caulking --- None Detected None Detected Floor, Bathroom 31 91 14168-91 Main House,2nd White Tub Caulking --- None Detected None Detected Floor, Bathroom Main House, White Joint 32 92 14168-92 Throughout Compound To None Detected --- --- Sheetrock Main House, White Joint 32 93 14168-93 Throughout Compound To None Detected --- --- Sheetrock Throughout 32.1 94 14168-94 Main House, Gray Sheetrock None Detected --- --- 32.1 95 14168-95 Main House, Gray Sheetrock None Detected --- --- Throughout BATCH PLM PLM-NOB TEM-NOB PNA 14168 50 39 36 3 88 Harbor Road Port Washington, NY 11050 r#,kjk1E NEW YORK Tel. (516)944-9500 Fax(516)944-9507 ENVIRONIVIENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3131/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTSJ- LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-1 1 Structure 1;White Wall Insulation E . None Detected (100)Fiberglass 14168-2 2 Structure 1;White Wall Insulation ❑ None Detected (100)Fiberglass 14168-3 3 Structure 1;Black Above Grade Flashing © None Detected Tar 14168-4 4 Structure 1;Black Above Grade Flashing None Detected Tar 14168-5 5 Structure 1;Gray Cementitious Wall Material O None Detected Quartz;Gypsum,Calcite 14168-6 6 Structure 1;Gray Cementitious Wall Material None Detected Quartz,Gypsum,Calcite 14168-7 7 Structure 1;Gray Cinderblock Mortar ❑ None Detected Quartz,Calcite 14168-8 8 Structure 1;Gray Cinderblock Mortar None Detected Quartz,Calcite 14168-9 9 Structure 1;Gray Brick Mortar None Detected Quartz,Calcite 14168-10 10 Structure 1;Gray Brick Mortar Ei None Detected Quartz,Calcite Comment: Lab.Accreditation NVLAP Lab Code 101967-0 l ' ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy.Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing. Report #: 2161094 Page 1 of 10 88 Harbor Road Port Washington, NY 50 9 NEW YORK Tel. (516) 944-9500 Fax(516)944-9-9 507 IS 3ENVIF-IONMENTAL- www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, l Street: 70282/70284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received.-4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact. Zeb Youngman Date Reported:4/412016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %Y6 OF ASBESTOS OTHER MATERIAL 14168-11 11 Structure 1; Black Tar Paper Below Roofing Shingles 0 None Detected (70)Cellulose,Tar 14168-12 12 Structure 1;Black Tar Paper Below Roofing Shingles 0 None Detected (70)Cellulose,Tar 14168-13 13 Structure 1;Red Bottom Layer Roofing Shingles None Detected (3)Cellulose,Quartz,Tar 14168-14 14 Structure 1;Red Bottom Layer Roofing Shingles 0 None Detected (3)Cellulose,Quartz,Tar 14168-15 15 Structure 1;Gray Top Layer Roofing Shingles None Detected (2)Fiberglass,Quartz,Tar 14168-16 16 Structure 1;Gray Top Layer Roofing Shingles None Detected (2)Fiberglass,Quartz,Tar 14168-17 17 Structure 2;White Wall Insulation Ei None Detected (100)Fiberglass 14168-18 18 Structure 2;White Wall Insulation ❑ None Detected (100)Fiberglass 14168-19 19 Structure 2;Brown Stucco o None Detected Quartz,Gypsum,Calcite 14168-20 20 Structure 2;Brown Stucco ❑ None Detected Quartz,Gypsum,Calcite Comment: - Lab. Accreditation / NVLAP Lab Code 101967-0 ELAP#: 11510 U Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy.Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing. Report #: 2161094 Page 2 of 10 IIIIIIIIIIIIIITIIIIIVIIIIIIIIIIIIIIIIIIIII 88 Harbor Road j%&= NEW YORK Port Washington, NY 11050 Tel. (516)944-9500 Fax(516) 944-9507 ENVIRONMENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental,Solutions, I Street: 70282/70284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway, Sul City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax.- Date hone/Fax:Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-21 21 Structure 2;Black Flashing On Stucco 0 11% Chrysotile Tar 14168-22 22 Structure 2;Black Flashing On Stucco 0 Not Analyzed 14168-23 23 Structure 2;Gray Brick Mortar None Detected Quartz,Calcite 14168-24 24 Structure 2;Gray Brick Mortar None Detected Quartz,Calcite 14168-25 25 Structure 2;Black Chimney Flashing 14% Chrysotile Tar 14168-26 26 Structure 2;Black Chimney Flashing Not Analyzed 14168-27 27 Structure 2;Gray Roofing Shingles None Detected (3)Cellulose,Quartz,Tar 14168-28 28 Structure 2;Gray Roofing Shingles Q None Detected (3)Cellulose,Quartz,Tar 14168-29 29 Structure 2;Wall Plaster,Brown Coat El None Detected Quartz,Gypsum 14168-30 30 Structure 2;Wall Plaster,Brown Coat Ei None Detected Quartz,Gypsum Comment.- Lab. omment:Lab.Accreditation / NVLAP Lab Code 101967-0 ELAP#: 11510' l� Test Method - L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy_Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 3 of 10 88 Harbor Road Port Washington, NY 11050 nA� NEW YORK Tel. (516)944-9500 Fax(516) 944-9507 11 IM H ENVIRONMENTAL_ www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway, Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:412/2016 Contact: Zeb Youngman Date Reported:414/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-31 31 Structure 2;Wall Plaster,Brown Coat F1 None Detected Quartz,Gypsum 14168-32 32 Structure 2;Wall Plaster,White Coat El None Detected Calcite 14168-33 33 Structure 2;Wall Plaster,White Coat ❑ None Detected Calcite 14168-34 34 Structure 2;Wall Plaster,White Coat None Detected Calcite 14168-35 35 Structure 2;White Ceiling Plaster None Detected Calcite 14168-36 36 Structure 2;White Ceiling Plaster None Detected Calcite 14168-37 37 Structure 2;White Ceiling Plaster ❑ None Detected Calcite 14168-38 38 Structure 3;Brown Fiber Wall Board None Detected (100)Cellulose 14168-39 39 Structure 3;Brown Fiber Wall Board None Detected (100)Cellulose 14168-40 40 Structure 3;Gray Cinderblock Mortar None Detected Quartz,Calcite Comment: -- -- Lab.Accreditation l / NVLAP Lab Code 101967-0 ELAP#: 11510 Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 4 of 10 88 Harbor Road p Port Washington, NY 11050 NEWYORK�/ORK Tel. (516) 944-9500 Fax(516)944-9507 rkj%A= ENVIRONMENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/112016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-41 41 Structure 3;Gray Cinderblock Mortar None Detected Quartz,Calcite 14168-42 42 Structure 3;Black Tar Paper Under Roofing Shingles None Detected (70)Cellulose,Tar 14168-43 43 Structure 3;Black Tar Paper Under Roofing Shingles 0 None Detected (70)Cellulose,Tar 14168-44 44 Structure 3;Red Bottom Layer Roofing Shingles 0 None Detected (3)Fiberglass,Quartz,Tar 14168-45 45 Structure 3;Red Bottom Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-46 46 Structure 3;Green Middle Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-47 47 Structure 3;Green Middle Layer Roofing Shingles 0 None Detected (3)Fiberglass,Quartz,Tar 14168-48 48 Structure 3;Gray Top Layer'Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-49 49 Structure 3;Gray Top Layer Roofing Shingles None Detected (3)Fiberglass,Quartz,Tar 14168-50 50 Silo;Black Side Flashing 9.9% Chrysotile Tar Comment: Lab.Accreditation NVLAP Lab Code 101967-0 �f ELAP#: 11510 Test Method L.Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not be reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing. Report #: 2161094 Page 5 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 NEWYORK Tel. (516)944-9500 Fax(516)944-9507 ENVIRONMENTAL www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field,Tech: M. Hartman Name: . ZEB Environmental Solutions, Street: 70282/70284 Main Rd.', Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 313112016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/112016 Phone/Fax: Date Analyzed:4/212016 Contact: Zeb Youngman Date Reported:414/2016 ANALYTICALRESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-51 51 Silo;Black Side Flashing 0. Not Analyzed 14168-52 52 Main House,Exterior Facade;Gray Brick Mortar None Detected Quartz,Calcite 14168-53 53 Main House,Exterior Facade;Gray Brick Mortar None Detected Quartz,Calcite 14168-54 54 Main House,Exterior Facade;Brown Door Caulking None Detected Caulking 14168-55 55 Main House,Exterior Facade;Brown Door Caulking 0 None Detected Caulking 14168-56 56 Main House,Roof;Red Bottom Layer Shingles 0 None Detected (3)Cellulose,Quartz,Tar 14168-57 57 Main House,Roof;Red Bottom Layer Shingles W None Detected (3)Cellulose,Quartz,Tar 14168-58 58 Main House,Roof;Black Tar In Between Bottom And Top None Detected (3)Cellulose,Quartz,Tar Layer Shingles 14168-59 59 Main House,Roof;Black Tar In Between Bottom And Top None Detected (3)Cellulose,Quartz,Tar Layer Shingles 14168-60 60 Main House,Roof;Gray Top Layer Shingles None Detected (3)Cellulose,Quartz,Tar Comment: Lab.Accreditation NVLAP Lab Code 101967-0 ELAP#: 11510 (/ Test Method L.Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently,quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 6 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII YORK 88 Harbor Road r*. yL=1NEW YORK Port Washington, NY 11050Tel. (516)944-9500 Fax(516)944-9507 ® ENVIRONMENTAL- vwm.nyenviron mental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M.Hartman Name: ZEB Environmental Solutions, I Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %,OF ASBESTOS OTHER MATERIAL 14168-61 61 Main House,Roof,Gray Top Layer Shingles w None Detected (3)Cellulose,Quartz,Tar 14168-62 62 Main House,Basement;Gray Cinderblock Mortar ❑ None Detected Quartz,Calcite 14168-63 63 Main House,Basement;Gray Cinderblock Mortar Ei None Detected Quartz,Calcite 14168-64 64 Main House,Basement;Gray Flue Patch 0 2.5% Chrysotile Gypsum,Calcite 14168-65 65 Main House,Basement;Gray Flue Patch Ej Not Analyzed 14168-66 66 Main House;Gray Pipe Insulation [] 30% Chrysotile (20)Cellulose,Gypsum 14168-67 67 Main House;Gray Pipe Insulation [ Not Analyzed 14168-68 68 Main House,Basement;Gray Mudded Joint To Pipe Insulation 25% Chrysotile (20)Cellulose,Gypsum 14168-69 69 Main House,Basement;Gray Mudded Joint To Pipe Insulation EJ Not Analyzed 14168-70 70 Main House,1st Floor, Kitchen;Black Mastic To 12x12 Vinyl None Detected Binding Material Floor Tiles Comment: Lab.Accreditation / NVLAP Lab Code 101967-0 ELAP#: 11510 i Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 ELAP Manual Item198.6 Microscopist p Laboratory Director . The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy.Currently,quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing. Report #: 2161094 Page 7 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 n� NEW YORK Tel. (516) 944-9500 Fax(516)944-9507 ENVIRONMENTAL. vwwv.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, Street: 70282170284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled` 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/11/20116 Phone/Fax: } Date Analyzed:4/2/2016:, Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULTS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB %OF ASBESTOS OTHER MATERIAL 14168-71 71 Main House,1st Floor,Kitchen;Black Mastic To 12x12 Vinyl None Detected Binding Material Floor Tiles 14168-72 72 Main House,1st Floor,Kitchen;Beige 12x12 Vinyl Floor Tiles None Detected Quartz,Calcite,Vinyl 14168-73 73 Main House,1st Floor,Kitchen;Beige 12x12 Vinyl Floor Tiles 0 None Detected Quartz,Calcite,Vinyl 14168-74 74 Main House,1 st Floor,Kitchen;Yellow Mastic To Masonite 0 None Detected Binding Material Wall Panel 14168-75 75 Main House,1st Floor,Kitchen;Yellow Mastic To Masonite None Detected 'Binding Material Wall Panel 14168-76 76 Main.House,Ist Floor,Kitchen;Brown Masonite Wall Panel None.Detected (100)Cellulose 14168-77 77 Main House,1st Floor,Kitchen;Brown Masonite Wall Panel ❑ None Detected (100)Cellulose 14168-78 78 Main House,1st Floor;Gray Metal Sink,Undercoating None Detected Quartz,Gypsum 14168-79 79 Main House,list Floor;Gray Metal Sink Undercoating None Detected Quartz,Gypsum 14168-80 80 Main House,1st Floor,Bathroom;Beige Self Glue 12x12 Floor None Detected Quartz,Calcite,Vinyl Tiles Comment: Lab.Accreditation NVLAP Lab Code 101967-0 ELAP#: 11510 l� Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing. Report #: 2161094 Page 8 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 r%a1, yL= NEWYORK . Tel. (516) 944 50 Fax(516)944-507 ENVIRONMENTAL www-nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, Street: 70282/70284 Main Rd. Total Samples: 95 Street: 188 West Montauk Highway,Sui City: Greenport, NY Date Sampled: 3/3112016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/1/2016 Phone/Fax: Date Analyzed:4/2/2016 Contact: Zeb Youngman Date Reported:4/4/2016 ANALYTICAL RESULT�OFASBESTOS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB % OTHER MATERIAL 14168-81 81 Main House,lst Floor,Bathroom;Beige Self Glue 12x12 Floor None Detected Quartz,Calcite,Vinyl Tiles 14168-82 82 Main House,1 st Floor,Bathroom,Shower;Gray,Mortar To None Detected Quartz,Calcite Ceramic Floor Tiles 14168-83 83 Main House,1st Floor,Bathroom,Shower;Gray Mortar To None Detected Quartz,Calcite Ceramic Floor Tiles 14168-84 84 Main House,1st Floor,Bathroom,Shower;Gray Grout To None Detected Gypsum Ceramic Floor Tile 14168-85 85 Main House,1st Floor,Bathroom,Shower;Gray Grout To None Detected Gypsum Ceramic Floor Tile 14168-86 86 Main House,1st Floor,Bathroom,Shower;Gray Mortar To None Detected Quartz,Calcite Ceramic Wall Tile 14168-87 87 Main House,1st Floor,Bathroom,Shower,Gray Mortar To Ei None Detected Quartz,Calcite Ceramic Wall Tile 14168-88 88 Main House,1st Floor,Bathroom,Shower;Gray Grout To None Detected Gypsum Ceramic Wall Tile 14168-89 89 Main House,'1st Floor,Bathroom,Shower;Gray Grout To ❑ None Detected Gypsum Ceramic Wall Tile 14168-90 90 Main House,2nd Floor,Bathroom;White Tub Caulking None Detected Caulking Comment: l Lab.Accreditation NVLAP Lab Code 101967-0 l ELAP#: 11510 Test Method - EPA 600/M4-82-020 L. Tsang Li Tsang, Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory This report must not Abe reproduced except in its entirety unless with the laboratory's written approval Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing Report #: 2161094 Page 9 of 10 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 88 Harbor Road Port Washington, NY 11050 NEW YORK Tel. (516) 944-9500 Fax(516)944-9507 �® i l ENVIRONVI ENTA L www.nyenvironmental.com PLM ANALYTICAL REPORT Project Information Batch Information Client Information NYE Project No.: 45178 Batch No.: 14168 Client No.: 24100 Client Project No.: 45178 Field Tech: M. Hartman Name: ZEB Environmental Solutions, I Street: 70282170284 Main Rd. Total Samples:95 Street: 188 West Montauk Highway,Sui City-. Greenport, NY Date Sampled: 3/31/2016 City/State/Zip: Hampton Bays NY 11946 Date Received:4/11/2016. Phone/Fax: Date Arialyzed:4/2/2016 Contact: Zeb Youngman Date Reported:41412016 ANALYTICAL RESULT�OFASBESTOS LAB NO. SAMPLE NO. SAMPLE LOCATION NOB OTHER MATERIAL 14168-91 91 Main House,2nd Floor,Bathroom;White Tub Caulking None Detected Caulking 14168-92 92 Main House,Throughout;White Joint Compound To Sheetrock None Detected Gypsum 14168-93 93 Main House,Throughout;White Joint Compound To Sheetrock None Detected Gypsum 14168-94 94 Main House,Throughout;Gray Sheetrock None Detected (10)Cellulose,Gypsum 14168-95 95 Main House,Throughout;Gray Sheetrock El None Detected (10)Cellulose,Gypsum Comment: Lab.Accreditation / NVLAP Lab Code 101967-0 ELAP#-. 11510 - Test Method L. Tsang Li Tsang, EPA 600/M4-82-020 Microscopist Laboratory Director ELAP Manual Item198.6 The analytical results contained within this report relate only to the samples tested in the condition received by the laboratory.This report must not be reproduced except in its entirety unless with the laboratory's written approval.Asbestos fibers in non-friable organically bound(NOB)materials are not reliably detected by Polarized Light Microscopy Currently.quantitative Transmission Electron Microscopy is the only method that can determine if NOB materials can be considered or treated as non-asbestos containing -Report #: 2161094 Page 10 of 10 1111 IN KAM CONSULTANTS 35-40 36th Street Long Island City New York, 11106 QUANTITATIVE ANALYSIS REPORT Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u ft a n t s Fax:(718)729-1876 Transmission Electron Microscopy CLIENT: .NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS, INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type ID# N/A N/A 3 14168-1 168676-1 2.7% ND N/A N/A 4 14168-4 168676-2 1.1% ND N/A N/A 11 14168-11 168676-3 2.1% ND N/A N/A 12 14168-12 168676-4 1.6% ND N/A N/A 13 14168-13 168676-5 41.4% ND N/A N/A 14 14168-14 168676-6 38.6% ND N/A N/A 15 14168-15, 168676-7 62.4% N D N/A N/A 16 14168-16 168676-8 65.8% ND N/A N/A 27 14168-27 168676-9 51.4% ND N/A N/A 28 14168-28 168676-10 39.8% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 Analyst: �1V077n � Lab Manager: ZI1TPu Zhang Mei Liu • TEM Reporting Limit(RL)= I% • 'fest Method: FLAP 198.4 • Analytical Quality Control Requirements were met for this set of samples. This report relates only to the items calibrated or tested. Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. This report must not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code:102047-0 Pagel of 4 KAM CONSULTANTS 35-40 36th Street Long Island City QUANTITATIVE ANALYSIS REPORT New York, 11106 Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u l t a n t s Fax:(718)729-1876 Transmission Electron Microscopy CLIENT: NEW YORK ENVIRONMENTAL& ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS,INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type IDN N/A N/A 42 14168-42 168676-11 5.4% ND N/A N/A 43 14168-43 168676-12 4.5% ND N/A N/A 44 14168-44 168676-13 43.4% ND N/A N/A 45 14168-45 168676-14 37.5% ND N/A N/A 46 14168-46 168676-15 31.3% ND N/A N/A 47 14168-47 168676-16 27.3% ND N/A N/A 48 14168-48 168676-17 25.7% ND , N/A N/A 49 14168-49 168676-18 10.6% ND N/A N/A 54 14168-54 168676-19 55.0% ND N/A N/A 55 14168-55 168676-20 54.1% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Repo►l: 04/06/16 Analyst: Lab Manager: Z i u Zhang Mei Liu • TEM Reporting Limit(RL)= 1% • Test Method:FLAP 198.4 • Analytical Quality Control Requirements were met for this set of samples. • This report relates only to the items calibrated or tested. • Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. • This report must not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code: 102047-0 Page 2 of 4 KAM CONSULTANTS ,;,t"'•` 35-40 36th Street ' Long Island City New York, 11108 QUANTITATIVE ANALYSIS REPORT } Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u I t a n t s Fax:(718)729-1876 Transmission Electron Microscopy CLIENT: NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES,INC. BUILDING ADDRESS: 70282/70284:Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS,INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. [D#- (Percentage) Sample(Percentage) & Type ID# N/A N/A 56 14168-56 168676-21 50.5% ND N/A N/A 57 14168-57 168676-22 54.1% ND• N/A N/A 58 14168-58 168676-23 42.8% ND N/A N/A 59 14168-59 168676-24 27.3% ND N/A N/A 60 14168-60 168676-25 33.3% ND N/A N/A 61 14168-61 168676-26 31.8% ND N/A N/A 70 14168-70 168676-27 78.9% ND N/A N/A 71 14168-71 168676-28 35.2% ND N/A N/A 72 14168-72 168676-29 65.6% ND N/A N/A 73 14168-73 168676-30 62.5% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 " Analyst: � Lab Manager: Zhiii6 Zhang Mei Liu • TEM Reporting Limit(RL),= l% • Test Method: ELAP 198.4 • Analytical Quality Control Requirements were met for this set of samples. • This report relates only to the items calibrated or tested. • Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. • This report must not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code: 102047-0 Page 3 of 4 1 KAM CONSULTANTS r 3540 36th Street Long Island City UANTITATIVE ANALYSIS REPORT New York, 11106 Q ` Tel:(718)729-1997 ASBESTOS IN BULK MATERIAL c o n s u l t a n t s Fax:(718)729-1876 Transmission Electron Microscopy CLIENT: NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. BUILDING ADDRESS: 70282/70284 Main Rd. PROJECT: ZEB ENVIRONMENTAL SOLUTIONS,INC.-45178 Sample Description Sample Client NYE Lab Residue Total Asbestos on (Homogen. Material) Location Sample QC NO. ID# (Percentage) Sample(Percentage) & Type ID# N/A N/A 74 14168-74 168676-31 36.6% ND N/A N/A 75 14168-75 168676-32 32.1% ND N/A N/A 80 14168-80 168676-33 55.5% ND N/A N/A 81 14168-81 168676-34 59.0% ND N/A N/A 90 14168-90 168676-35 44.7% ND N/A N/A 91 14168-91 168676-36 47.1% ND Date Received: 04/05/16 Date Analyzed: 04/05/16 Date of Report: 04/06/16 Analyst: "Lab Manager: Zhi i Zhang Mei Liu • TEM Reporting Limit(RL)= 1% • 'rest Method:ELAP 198.4 • Analytical Quality Control Requirements were met for this set of samples. • This report relates only to the items calibrated or tested. • Samples will be stored for ninety(90)days and then returned to the client upon request. • The certificate of report shall not be reproduced without the approval of the laboratory. • This report must not be used by the client to claim product,certification,approval or endorsement by NVLAP,NIST or any agency of the Federal Government. • This report contains data not covered by the NVLAP accreditation. NYS-DOH ELAP#: 11273 NVLAP Lab Code:102047-0 Page 4 of 4 V1111 NEW YORK ENVIRONMENTAL I0lIIIIIIIIIIIIIIIIIII�I CHAIN OF CUSTODY FORM PAGEOF 88 Harbor Road 1 4 1 6 8 Port Washington, NY 11050 CLIENT 1� (f DATE SAMPLED 2 e.IV L—V1 V i r�v�,nn P.v►rQ l J r Im / .. 6 INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED 701KA/ 70W4 M a L1 PROJECT MANAGER DATE ANALYZED TIME PROJECT NO. — WORK LOCATION I ANALYS =7 HA NYE QC SAMPLE NO. LOCATION!DESCRIPTION WALL X Y COLOR PLM NOS TEM NO. NO. NO. S �rf e W I( 1 1 uC' ur C ills. G �0L r r � 1 I v RELINQUISHED(PRINT) DATE TIME 9IGNATURE RECEIVED(P NT) DATE TIME SIGNA R ��(-f�e� a� �, l It 6 � X44 w 1 (p 1, RELINQUISHED(PRINT) DATE TIME SIGNATURE ECEIVED PRIN ) DATE TIME SIGNATURE/ NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE OF� 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION ( f DATE SAMPLED z F.� �.VI V i r'%l w%2 0 �a j S;f �5 Far. INSPECTOR(S) PROJECT ADDRESS DATE RECEIVE &4' k�W 1, r w. 7019 ZQW4 Mcg!' �l PROJECT MANAGER DATE ANALYZED. TIME LAr-� a ru A6 l ( 1 4 , z PROJECT NO. WORK LOCATION ANALYST -� HA NYE QC SAMPLE NO. LOCATION!DESCRIPTION WALL X Y COLOR PLM NOB TEM N1}O. NO. NO. J_ I f .� �, C'f P1d n� ' IGC pul Cr -Jj U/ (� It / Iv 7 Is C- u r e ;� -fir, V RELINQUISHED (PRINT) DATE TIME SIGNATURE ECEIVED(PRINT) DATE TIME SIGN A U ' i TI RELINQUISHED (PRINT) DATEI /'6 ME SIGNAT� RECEIVED(PRINT) DATE TIME STGNATURE NEW YORK ENVIRONMENTAL. BULK SAMPLING CHAIN OF CUSTODY FORM PAGE -� _OF Il 88 Harbor Road Port Washington, NY 11050 CLIENT ' PROJECT LOCATION DATE SAMPLED e.� Lvlv�r.9,,m d( INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED r 0A Iva 9A7va� Mcoq It tt� PROJECT MANAGER ` DATE A ALYZE TIME itr rP Fv, orl� PROJECT NO. WORK LOCATION I ANALY T HA NYE QC SAMPLE NO. LOCATION!DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. II pW• f { � ICAC i !l SGLA^ rnIGd�ir�. ( t' 'T" l ; -7 f RELINQUISHED(PRINT) DATE TIME SIGNATUR RECEIVED(PRINT) DATE TIME SIGA E A�� ! la4`1t'� ar w� ! I 16So Ci RELINQUISHED (PRINT) DATE TIME SIGNATURE CEIVED (PRINT) DATE TIME SIGNATUR NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE-�[ OF� 88 Harbor Road Port Washington, NY 11050 CLIENT J L PROJECT LOCATION DATE SAMPLED G F.K' G✓�t�I r�V1 W1^ 1 �`Q s i Is Lt r INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED PROJECT MANAGER DATE ANA YZE TIME �reel� a��` ( `� '�1/ i �' C L� PROJECT NO. WORK LOCATION ` ANALYST X5179 c HA NYE QC SAMPLE NO. LOCATION!DESCRIPTION WALL X Y COLOR PLM NOB TEM NO, NO. NO. - I � .s u f c (Are v c, 33 J 39 �r 3L RELINQUISHED (PRINT) DATE TIME SIGNATURE ECEIV (PRINT) DATE TIME SIGNA R a � 4a w� 6 RELINQUISHED (PRINT) DATE TIME IGNA URE RECEIVED(PRINT) DATE TIME SIGNATURE NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE '_� OF 88 Harbor Road Port Washington, NY 11050 CLIENTLL.- PROJECT LOCATION ( DATE SAMPLED G 2 P � ✓I V i r.9 v1 vin£o Fa I S I I-S u r J 1 INSP,,��EnnCTIOR(Sl) PROJECT ADDRESS M DATE RECEIOVEDt ( r PU PROJECT MANAGER DATE NA YZED TIM€ �L4r ire Ft„ ( PROJECT NO. WORK LOCATION ANALYST HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. i I vw/0 l C v C1••r�rr � loc.it vAo r.4,r, qol qS v V RELINQUISHED(PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME SIG T E 1 I RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED (P INT) DATE TIME SIGNATU E NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE (9 OF, 88 Harbor Road J Port Washington, NY 11050 CLIENT `` L ! PROJECT LOCATION (' DATE SAMPLED ZeIC �V1Vir �wvinF�, rQI S-'lIs Far m —� / 3 1 . 6 INSPECTOR(S) PROJECT ADDRESS DATE RECEIVEq .M'J+ k G� r 7019j/ 7(494 �a 4 t IV PROJECT MANAGER DATE ANAYZED TIME Lor. &re el^ ���- l i Tuo PROJECT NO. WORK LOCATION ANALYST' HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. layer I r c y � l I I C7 �i�E �f iaS �nr� 41(CZ Al �F vi 7 `In �awsl' exp or Ta«12 k "v(`kr IV � I 5� u ✓ ll-�Gi LA I Il vi I d t1/ RELINQUISHED(PRINT) DATE TIME SIGNATURE E IV+`EDD(PLDATE TIME SIGN U ) C �' `1t� �I'! lr� I"la�fk � . ar ► Il RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME SMNATURO NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE 7OFiL 88 Harbor Road Port Washington, NY 11050 CLIENT PROJECT LOCATION ( DATE SAMPLED �VIVirDv�v�nP.b, �Q� INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED PROJECT MANAGER DATENALYZED TIME �Ltr �reelm ark' 1 `� ( t"-; PROJECT NO. WORK LOCATION ANALYST HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO 5 D cli., �00 n o cf oIM f G' er �: P. �(��l �-�,r ;.� to��,�ee., ,• f JJ �- .S J i �~ 1 bol �� h NO'-t W"r+Sr?� Qc� C tnGl ��oi VveF' ofi i f RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) fnn DATE TIME SIGN TU VU k6ft -4k�vd in AL RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT-) DATE TIME S GNATURv NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE 9 OFl(_ 88 Harbor Road Port Washington, NY 11050 CLIENT r PROJECT-LOCATION DATE SAMPLED Ze.b STS F et r A, � / L E INSPECTOR(S) PROJECT ADDRESS DATE RECEIVE &++ k�W PROJECT MANAGER DATE A PLYZED TIME 'L4r i �reeln a!-'t I 14 j w PROJECT NO. WORK LOCATION ANALY T s 179 G� HA NYE QC SAMPLE NO. LOCATION I DESCRIPTION WALL X Y COLOR PLM NOS TEM NO. NO. NO. iri°l L t F ��� �s'f �� c, RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEI ED(PRINT)r � DATE ` IME SIGN Ukr l) RELINQUISHED (PRINT) DATE TIME SI NATURE RECEIVED(PRINT) DATE TIME SIGNATU NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE 1 OF 88 Harbor Road Port Washington, NY 11050 CLIENT LL L PROJECT LOCATION ( DATE SAMPLED Lf..� GV1VIf�V1vV121 �af 5� � �5 C[f j / . i INSP^EnCTOR(Si) PROJECT ADDRESS /� DATE RECEIV /Dj PROJECT MANAGER DATE A ALYZED TIME 'L4 r E U A 6 � 111 i. PROJECT NO. WORK LOCATION ANAL T HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. 7V DVIM .11 l� ��f K/viusa�;�e �u�I( alwa afloat 7 vvv V' l/ I' O 9"(� �U' "A 40!u6 e . ISl reel , I]�;,F1 w IX- ' tJ'la't de RELINQUISHED (PRINT) DATE TIME SIGNATURE ECEIVED(PRINT) DATE TIME MIJAU Nd mm qllllv RELINQUISHED (PRINT) DATE TIME SIGNATURE RE EIVED( RI T) DATE TIME SIGNATIy E NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE OF� 88 Harbor Road Port Washington, NY 11050 CLIENTPROJECT LOCATION ( DATE SAMPLED 4- 4 rr INSPECTOR(S) PROJECT ADDRESS DATE RECEIVED/ w, A 70194/ 70W4 Ai-it l j C PROJECT MANAGER /_. DATE A ALYZED TIME 4 1 q �aJ PROJECT NO. WORK LOCATION ANALYST :j �3 79 HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. C �1 UU. , �S Nor, �G1t�f0t?4"�� ��n1Pr �iQT �i `fit v c Cfrtvul.�, ��t7cr .F;jt' IV btc' tit 10 1 U C C!!a-^1:r:' v/all Oe 1 Mit o1 d 0( qg l j F CCT( I C p r.I RELINQUISHED(PRINT) DATE TIME SIGNATURE RECE D(P INET) DATE ( TIME SIG T E -ulU�rt�(I �I(' 19-"� (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME SIGNATU E NEW YORK ENVIRONMENTAL BULK SAMPLING CHAIN OF CUSTODY FORM PAGE OF 88 Harbor Road Port Washington, NY 11050 CLIENT _ PROJECT LOCATION DATE SAMPLED vi SV I r o� INSPECTOR(S) �� a I PROJECT ADDRESS -Ills r DATE RECEIVED G MC + k�w t-4- I I / ( (r" PROJECT MANAGER (�f DATE A ALYZED TIME k"Ar r Greco . d��- ( I r ( vv PROJECT NO. WORK LOCATION ANAL ST `� `�7 9 HA NYE QC SAMPLE NO. LOCATION/DESCRIPTION WALL X Y COLOR PLM NOB TEM NO. NO. NO. u.I P�r�.w W 1i4; LA d,�,,,, a -.cx ffR RELINQUISHED (PRINT) DATE TIME SIGNATURE RECEIVED(PRINT) DATE TIME SIG U RELINQUISHED (PRINT) DATE TIME SIGNATOR RECEIVED(PRINT) DATE TIME aNATURE —� 14168 Page 1 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507 (F) CHAIN OF CUSTODY FORM 168676 NOB SAMPLES BY TEM CLIENT : ZEB Environmental Solutions, Inc. TURNAROUND ❑ RUSH TIME : ❑ 1 DAY PROJECT : 45178 ❑ 2 DAYS Z3 DAYS STREET: 70282170284 Main Rd. ❑ 5 DAYS SAMPLE NYE QC NO. RESIDUE Homogeneous Sample Group REMARK NO. (% WT.) ("See Instruction Below) ° `,� ��}`? �;:�u,�;y�l��f;•;§;,�;�fi'�F"#l��1'``i�>'<<i�i pnnnf /1 ^♦ 3 14168-3 r—�z Y�, I.j�t:: .E'�',�?:�',!':iu `dry: r.�..�'Aa��J�t;y''i7�":'•;.ii' / v 4 14168-4 ,• ;. ...f x; ,-•a tJM�'s;"r ,ice;. :.y.._..:ILL.........._.... 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'f;'.,ik +-d L,•i�7 26 14168-26 a�,,�_ �=t��.��;�,.:;.,.,:1, ,•..•,,:� ::;��' �'�� * Analyze each homogeneous sample group until positive ❑ Analyze all samples _�/ S �� DELIVERED DELIVERED DATE I TIME i RECEIVED RECEIVE (PRINT) ( D DATE TIME S I (PRINT) (SIGN) T ' I ,)' ���7 • 1111111 IIIII IIIII IIIII IIIII IIII IIII F14168 Page 2 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC.. 516-944-9500(P) 516-944-9507(F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM CLIENT : ZEB Environmental Solutions, Inc. TURNAROUND ❑ RUSH TIME : ❑ 1 DAY PROJECT : 45178 ❑ 2 DAYS X 3 DAYS STREET: 70282170284 Main Rd. ❑ 5 DAYS SAMPLE NYE QC NO. RESIDUE Homogeneous Sample Group j REMARK NO. (% WT.) ('See Instruction Below) 14168-27 ' 51.4% ,iy-;,;r�':i>n..•istt'ir-'ay,'3.-�7�,'Jt`:�..'td;',,.;`.#,i.'.i.•,ka•.r'f'•r•,�,,z.PyI;^.:•.',�.,.'an•M1.r.•a•a",r.:C'�:�.^;—q�•sem;:-.h•-z�>. P -.�-:':^: A) , �, 27 _ _ 28 14168-28 39.8/o ;r,�. ..r�;;�ti°�•q��'�1;.: � �;:�'.;•. ' f.'4[• ',•.^.fit:, 'u.+ p 'F.1?.fW; .-.[:. i I ////' 1,:3 U:t�'w .1ii: 42 14168-42 5.4% �; , ,_,:,. �u .; c,,:• y" h n � 14168-43 4.5% iiit.:.".•t: 3:F5w.� ',t�.`�.s��:Jivyl'v.&,;�`.. ....� � ':•Ma_......,-...`,�,'�`, �'"ti:int.�S+1S�iu....�w'...f�iILT.1''..i�.-��r� i 5•..� 4� `tl�,. 44 14168-44 43.4% zf, ;;s ;?i� •� �:n:;,;r:W;: s•''^I I - �_-__ F%^,�',"..�.I.S?:'!'':i, to^.•-r^,:r,-....r:=.TiR:.:�;,'"_'"`•'"""-' , j _-._ i3!' .:ti•':i Y.: («,. 'k y'ti.:'. t=:4:',.�:�' ' :i,\.. //////�{����J� .,1 21'•-: • ,...yli.J+ye,...-,e� 1.!i u' iN: 45 14168-45 37.5% k':: m:: •:.1 s n u .•tIK':'y>.I:,. , i;.i;j{;;`s:.t;t..'�` .✓�''�.[.3,r�..t...t,.:J�;.i''st' 4614168-46 31.3% ���:��;, ' ., :aa 1'=,_,�w� 'n �'y,����;:<,•� /� 47 l 14168-4727.3% ;t7.'i4' "i l "'?' ,a _.. •• " ::. ' ,,:,"r:;�.,` '1` �/./� I •',.r'%'i n 48 14168-48 25.7% 49 1 14168-49 10.6% ,,��,��'�.,,"�-�i�:.,.''.,':,�,2 _.: ,..,.,..amu��;,••,"�t�, 14168-50 . 50 I js' ,,; :fir.'}:i :. f:'i •::,w a ?;, #';,' i •r:.uM;...`2..-..:!mac. — .. ....;.s,�.=�'�•"• # 51 14168-51 tt;�J;3. "•i,- �!`�:'(:r I.::ltj1. ....,.....,Y�.,r,'�i � I _ * Analyze each homogeneous sample group until positive ❑ Analyze all samples - -�— --- j DELIVERED DELIVERED DATE TIME RECEIVED RECEIVED DATE J' TIME (PRINT) I ) (PRINT) (SIGN) 04 I IIIIII VIII VIII VIII VIII IIII IIII I 14168 Page 3 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507(F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM ❑ RUSH CLIENT ZEB Environmental Solutions,Inca TURNAROUND —� TIME : ❑ 1 DAY PROJECT :- 45178 ❑ 2 DAYS 3 DAYS STREET: 70282170284 Main Rd. ❑ 5 DAYS SAMPLE NYE QC NO. RESIDUE Homogeneous Sample Group REMARK NO. (% WT.) (*See Instruction Below) •i>r:,i15 .1'EdN} 54 14168-5455.0% 55.0/o •�,,, I�—z -- — TT.777L-c— �' cy�t'r`<��.„�''F'`;is"' `ueiyv r„•;Srdj i';�j ++i,1,�'7�'-+pa,[;.F.....t,� ;4rs«,� �..it4,w�lp::•� II 55 14168-55 54.1% 1��rA t�l' f. !,i%3. �. ?..i.•.:�i....te•S:s�ij:^d,,.,�J:K.�' �/ � i 56 14168-56 50.5% 14168-5754.1% 57 i 14168-58 42.8% :,'�':E�•J`"c��,y: �a�;;�,,,.z;��;. j 58 _ __ _ _ Lir.;, .: �•{J --.t y.�{,s�-=',y�••.^1.;'I_- .•moi,,',:;}„'`:`?'', Al 14168-59 27.3/59 ', "''vl ,.:rr-�L:.C•_:_'S:��, t.�.�.F_.=•:_'i... __ � I ;.'.�7lr�{f11.IV`;si,'1:':S•,Y.'t.,W:hyTf'.I ,� •�.`a.'A :•:�f:�fi I ,/ 60 14168-60 i 33.3% 61 14168-61 31.8% ,d: ���,+i•_�';:�::,i::r:-:;:"°+"`::,..,,:_...,"'''.::�..�j :,i:n:i ;,{�.? ",�;„4l'.t, �+�'':I.+y`.,�..w.,�,.i-•.,day;-. ,l � 70 I 14168-70 78.9% 7-1 Al 71 14168-71 ':. :x. '; I +`;,.: ;.:.1 35.2/o ,+ ,�1, ���;,>, t 14168-72 65 j;n . .,,,;.,: �,;,.,,.....;":,: ,`'I / \/� 72 .6% f' r ;;err;',t•, }{`<<t : ' ;=• :'l -7 73 14168-73 62.5% " .'"r• 1• :;,:' '`' 1- * Analyze each homogeneous sample group until positive Analyze all samples RECEIVED RECEIVED DATE I TIME DELIVERED I DELIYERED DATE TIME (PRINT) (SIGN) (PRINT) (S ) r.� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 14168 i Page 4 of 4 NEW YORK ENVIRONMENTAL&ANALYTICAL LABORATORIES, INC. 516-944-9500(P) 516-944-9507(F) CHAIN OF CUSTODY FORM NOB SAMPLES BY TEM CLIENT : ZEB Environmental Solutions,Inc. TURNAROUND ❑ RUSH TIME : ❑ 1 DAY PROJECT : 45178 ❑ 2 DAYS 3 DAYS STREET: 70282170284 Main Rd. ❑ 5 DAYS SAMPLE NYE QC NO. RESIDUE Homogeneous Sample Groups--REMARK NO. (% WT.) (*See Instruction Below) pit p'.lTn,..`�`'s n. ' �3':i�k`r• „' �:n+;e.r.ira' 'r�v�s'+� 74 14168-7436.6% ° I.i res>f t ;- j=— —�'�----moi -- - - .. ~,-'--' '�,,,+..l,.r,.-,w-;:7r, ;-:•,-r:,:•.•--s,:cv;-� —-- —_ 14168 —75 ':�� �'�.�:'sY r{�3v('L•..tt:����.�1`+('.i..r tit:lr�:e��h 1 �r 75 ° 32.1 /o . 80 i 14168-80 55.5% l "`,`:T.�{::.�;ir,"^^R,:”••..''-rs!�'i:' ':b,i�'�T�'�y���'i 4:'x'-7)+ r"`;!1i7;}i�$=!•+?.yN;:t:.t. 'ti,�v`;S�;'" L.-s�".o .'Y.h,�t ,?i:l i 81 I 14168-81 59.0/ 0 90 I 14168-90 I 44.7% 1 I•�:;,-.f�_.4ka'.'.;ii.f t'lt`•i0.�':+ p>a1.ir;,,::,.arv.::;r.+-' /n� ''� 91 i 14168-91 47.1% I ' fes•:_�`:.:.[>:.'. �.'.�:....... ........:1_�_.�.-. .,� w.... I ______ * 25/ Analyze each homogeneous sample group until positive ❑ Analyze all samples DELIVERED DELIVERED I DATE TIME RECEIVED RECEIVED DATE Tim (PRINT) n.(SIGN) (PRINT) (SIGN)Qwu -- � APPENDIX B 8.0 PERSONNEL LICENSES �r.;.�,:Fs{'-'Q;'��. .r�� ':% rte, �� _3ti t�a�",,Y,,�F. ;;�, ��` ,,.� �sd��=«� ;sir`.f; p:a�a:� c ,� r : .%..- ,,��%,� r:.�:- ���-sf :.a,-,� ';;� ;'s"% �<'r.t,�,'x`.�'i..s�r�:f.:.,;��'"':sS.:t�i::y. ,{. p� � � :7 ;f gI::,. .. . iia. ��R/)� V,�C "'-�� '�`"`/ �+'���Y�� 'r,.iv ,.�`•�✓.�':: `�'�r `;8� ..'r'Pf,;;'1,�i!.3;Y"� ty�_ A(��,f.Li � • 1l.:v{fK w`�.*�ri>;,,' %1:�. w i fr��.��,t'ic ,,yyc='." ,F,l' sr�:.Yu.G3�,�',��:'_:�m'��^.c?s%^:'}S.ry-f}.�yi.=�i7i i�Rr�%rg:"��,� ... -.1,. :r',��'"� rf'�,.,v. .w.:�> «RL.._:ccC•.,..3.:_4'u .. .:3'.r.:.h.Cr%,!."^. r �. `-.'�' , l l" 1Y :s . .':E;:.:?:,'cd•.:'' �:',r.,�7C:i,S,i�` t ;vv,Ek+:v'.�..,,;h�� l. J.,�Zs.i'�,:�1%7� :.?�::..-., .�i��� • o :.�i.f%l>; •Kms,/'�;, _: ��r;✓-. f uta' i J.�:?.." �%:: . s. a APPENDIX C 9.0 LABORATORY ACCREDITATIONS .-- �A�"New�Yo�k State;:��Depant:off'Labo���'•._ Division of Safety�nd Hertmealth *• License and Cbki4icat6',0hft1 State C66us,'Building 12 { ,+`•..{ 4 Albany,_NY. 1,2240'`"'. •' , ASBESTOS HANDLING LICENSE ,-. '"~ . NI_ ,•° f New York Enviromental &Analyticall4b&atofies, Inc - '';FILENUMBER: n99=0392 ., ,` = _; r - ` i •: x LICENSE NUMBER:`"28:656: LICENSE CLASS: RESTRI'CTED_�-,'_� J `88 HarkiofRd'sr f' DATE OF ISSUE: 04/10/2015 7 h. ff ..Port Washington, NYr11050,;_R:. EXPIRATION';DATE: 04/30/2016 fr _ :; q• y dam, , E Duly Authorized'Representative 'Li Tsang,:; • Thislkenselhas been issued in accordarice withfapplkable pr"ovisiori9!ofArtic1e,30 of the Labor Law of New YorkaState and of. { the New-York-State,Codes,Rules vand'Regulations,(12.NYCRR Part 56): If'i§subject to suspension or revocation fora(1) t.:; serious violation of state,federal orlocal laws wrth regard-.to,the conduct hof an• s dstos'prajeet,or(2)demonstrated lack,of responsibility in the:Conduct of any jobtinvolvirigtiasbestos or asbestos mater This.licens'e"is°.valid only,for the contractor named'abbve and this;Iicense or photocopy must be:,pr'omineritly displayed-at the asbestos project worksite'AThis-license verifies that;all"persons employed:by�qhe licensee on ar►'asbe'stos:projectzn;NewgYork State Have lieen'issjzed an"Asbestos Certificate,app'r'opriate for the type of work they perform,by theNew York State` ` Department of Labor. P_P:1._ ,A y _ .—Eileen M. Franko, Director SH 432(8/12) "`' '` "' _ For the Commissioner of Labor NEW"RK STATE DEPARTMENT OF;HEALTH_ - WADSWORTH CENTER:;`:,:;;:;' Exrir"eisl 2;01:AM Aorit,01 01B Issued- 61, 2015 April CERTIFICATE-OFAPPROVAL-AL.FOR LABORATORY SERMIC ,.- E New Issuedin accordance with and pursuant to sectign..j0Z.P041k'.,Hea1th-= of Ne VdikS.tate MR: LI NY Lab-;Id;N ENVIRONMENTAL AND ANALYTICAL-LABS-INC - - S88 HARBOR ROAD PORT NG. eeby n-. 910KY -he -' Briviropme ry-fidr the.cate APPROVED as a' ntal_L orator SOLID AND.. ENVIRONME �A '�SES ---NAZAR06US�? S'W XTAL -S NA '°Alfapprtwhii su ca tegqr1e$:anU/oranafytqs&rdlisted balow. metalst % Lead,Total-, EPA 7I:I008 Miscellaneous f -A e6tos In Friable Material E? 600/M4/82/020 Asbest&s.lh.Non-Fda*bl'e`Mat(ihal-PLM 'It6m 198.6 of Manual(NOB by PLM) Asbestos-Vermiculite-Containing Material Item 198.8 of Manual :Lead in Dust EPA 7000B JLead'ih Paint -EPA 70008 p SdfifolwiRrenaration-Mettiods EPA 30508 E-1979-12 Zed No.: 52406 be Propertyrof the-NewYorkStater partment of Health. Certificates are valid only.at the address -�,Continued- -ci shown,rrv6it 66 conspicuously posted,and are printed on secure paper. arc itation depends on successful ongoing participation In the Program; Consumers are urged'to�ca_lll(518)45-5576 to verify the laboratory's accreditation status. y. 0 Pa 6-1 of 1 United States Department of Commerce National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2005 1 NVLAP LAB CODE: 101967-0 NY Environmental & Analytical Labs, Inc. Port Washington, NY is accredited by the National Voluntary Laboratory Accreditation Program for specific services, listed on the Scope of Accreditation, for. Asbestos Fiber Analysis This laboratory is accredited in accordance with the recognized International Standard!SO/IEC 17025.2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILAC-IAF Communique dated January 2009). OF Co,. c y� 2015-06-29 through 2016-06-30 - , Effective Dates s ��`� For the Natio al Voluntary Laboratory Accreditation Program ores��* SOT OF cct,,4 National Voluntary Laboratory Accreditation Program �y '�,rEs of P► SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 NY Environmental & Analytical Labs, Inc. 88 Harbor Road Port Washington,NY 11050 Mr. Li Tsang Phone: 516-944-9500 Fax: 516-944-9507 Email: tsang@nyenvironmental.com http://www.nyenvironmental.com/. ASBESTOS FIBER ANALYSIS NVLAP LAB CODE 101967-0 Bulk Asbestos Analysis Code Description. 18/A01 EPA 600/M4-82-020:Interim Method for the Determination of Asbestos in Bulk Insulation Samples r /aw— For the Nations Voluntary Laboratory Accreditation Program Effective 1013-06-19 through 1016-06-30 Page 1 of 1 NEW YORK STATE DEPARTMENT OF-HEALTH, WAD,S.WORTH Ex0ird9A2:01 AM April 01, 2016 �. Issued April 01, 2015 rry 5y.-- ..•. cit...., CERTIFICATE OF APPROVAL FOR LABORATORY SERVICE Issued in accordance with and pursuant to section 502 Public Health Law of New York State W. GEORGE KOUVARAS NY Lab Id No: 91273 KAM.CONSULTANTS 35-4036TH ST LONG ISLAND CITY, NY 19106 is hereby APPROVED as.an Entiironrriental Laboratory for the category ENVIRONMENTAL ANALYSES SOLID AND hIAZARDOUS WASTE All approved subcategories and/or..analytes are:listed below: Miscellaneous Asbestos in Friable Material Item.198.1 of Manual EPA 600/M4/82/020 Asbestos in Non-Friable Materiai-PLM Item 198.6 of Manual(NOB by PLM) Asbestos in Non-Friable Material-TEM .Item 198.4 of Manual Asbestos-Vermiculite-Containing Material Item 198.8 of Manual Lead in Dust Wipes EPA 7000B -Lead in Paint EPA 7000B Sample Preparation Methods EPA 3050B ASTM E-1644-04 S_erial N' 52297_. - :.- _ Prijpertydf the IJewYork Stafe_Qepartment of HeaftFi. Certificates are valid only.at.the address shown:riiiist b'e corispicuously posted,and are printed on secure paper.=Continued abcfeditation.depends... on successful ongoing participation in the Program, Consumers are urged tb call(518)485-557O.t6- ,verify the laboratory.s accreditation status. Page 1 oft :.. United States Department of Commerce National Institute of Standards and Technology Certificate of Accreditation to ISO/IEC 17025:2005 NVLAP LAB CODE: 10204770 KAM Consultants Long Island City, NY is accredited by the National Voluntary Laboratory Accreditation Program for speck services; listed on the Scope of Accreditation, for. AIRBORNE ASBESTOS FIBER ANALYSIS This laboratory is accredited in accordance with the recognized Intemational Standard 1S0/IEC 9.7025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system (refer to joint ISO-ILAC-IAF Communique dated January 2009). SOS OF co ?Q 4 O C F 2015-07-01 through 2016-06-30 Effective dates �o ��Q For the National Institute of Standards and Technology �gTES OF P NVLAP-01C(REV.2009-01-28) OF 004f M ° National Voluntary Laboratory Accreditation Program z� e �OSrATES OF SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 KAM Consultants 35-40 36th Street Long Island City,NY 11106 Mr. George Kouvaras Phone: 718-729-1997 Fax:718-729-1876 E-Mail: george.kouvaras@kamconsultants.com AIRBORNE ASBESTOS FIBER ANALYSIS(TEM) NVLAP LAB CODE 102047-0 1WL,4P Code Designation/Description 18/A02 U.S.EPA's "Interim Transmission Electron Microscopy Analytical Methods-Mandatory and Nonmandatory-and Mandatory Section to Determine Completion of Response Actions" as found in 40 CFR,Part 763, Subpart E,Appendix A. 2015-07-01 through 2016-06-30 Effective dates For the National Institute of Standards and Technology Page 1 of 1, NVLAP-ops(REV.2005-05-19) United States Department of Commerce National Institute of Standards and Technology 0 Certificate of Accreditation to ISO/IEC 17025:2005 NVLAP LAB CODE: .102047-0 KAM Consultants Long Island City, NY is accredited by the National Voluntary Laboratory Accreditation Program for speck services, listed on the Scope of Accreditation, for. BULK ASBESTOS FIBER ANALYSIS This laboratory is accredited in accordance with the recognized International Standard ISO/IEC 17025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality. management system (refer to joint ISO-ILAC-IAF Communique dated January 2009). ' QS,O OF COO O F 2015-07-01 through 2016-06-30y k9 w V_ Effective dates - 00" For the National Institute of Standards and Technology sTar�s uF NVLAP-01C(REV.2009-01-28) 00I OF CO 4, F ° National Voluntary V LrJ Laboratory Accreditation Program ' y \'?P4TEs OF P��Q SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 KAM Consultants 35-40 36th Street Long Island City,NY 11106 Mr. George Kouvaras Phone: 718-729-1997 Fax: 718-729-1876 E-Mail: george.kouvaras@kamconsultants.com BULK ASBESTOS FIBER ANALYSIS (PLM) NVLAP LAB CODE 102047-0 1WLAP Code Designation/Description 18/A01 EPA 600/M4-82-020: Interim Method for the Determination of Asbestos in Bulk Insulation Samples 2015-07-01 through 2016-06-30 Effective dates For the National Institute of Standards and Technology Page 1 of 1 NVLAP-01S(REV.2005-05-19) APPENDIX D 10.0 SAMPLE/ACM LOCATION DRAWINGS 14 4 Ir Main House y 0000 (Samples 5 r.r IL r � I y r L t � %` }L ir Ar le 0 W� O;, + ' r j Q�e ..L, Structure 1 r- (Samples 1 -16) Stri (Sa ���pgU1Lb��5 Structure 3 (Samples 38-49) Basement El ACM Flue Patch Boile ACM Mudded Elbow & Pipe Insualtion LOCATION: 70282/70284 MAIN ROAD, GREENPORT NY NEW YORK ENVIRONMENTAL JOB #: 45178 _ SAMPLE LOCATION PLANS - BASEMENT NYS ASBESTOS INSPECTOR: MATTHEW HARTMAN SAMPLE DATES: 3/31/16 �( _ _ LOCATION cl 44 SCTM: ; y I, 1000-045.00-05.00-005.000 / - I, III dh Greenport - -- _ — A West _ APPROXIMATE PROPERTY LINE Arshamonaque —_-- ` SITE ACCESS PROPOSED SI r _ Pck .v r, sN , r x 9 � ,P�<°• Arshamomaque Cemetery LOCATION MAP . ' I N.T.S. t SCTM: ,- - . 1000-045.00-05.00-003.003 r LEGEND: ---- PROPERTY LINE PROPOSED ACCESS WITHOUT TEMPORARY ROAD .r PROPOSED TEMPORARY ACCESS ROAD WITH CRUSHED STONE PROPOSED START OF 10' WIDE TEMPORARY ACCESS :A PROPOSED TEMPORARY ACCESS ROAD (CRUSHED STONE AND CONSTRUCTION MATS) ROAD w --- __ PROPOSED TRACK CROSSING A ,s PROPOSED AREA OF WORK ' PROPOSED SILT FENCE :. v PROPOSED SILT SCTM: FENCE ALONG 1000-045.00-05.00-004.000 TEMPORARY ACCESS ' ROAD .µ , SCTM: '� ' �, 10` PROPOSED WIDTH 1000-045.00-05.00-002.000 �— (WIDTH MAY VARY) B" CRUSHED STONE PROPOSED TEMPORARY { ACCESS ROAD — _ _ _ _ PROPOSED B OZ. FILTER FABRIC (ALT 1,} CROSSING OF TRACK TO B E I N STRICT EX. STABILIZED SOIL 4: � 1 COMPLIANCE WITH TEMPORARY ACCESS LIRR PERMIT ROAD To BE CRUSHED STONE ACCES ROAD CRUSHED STONE OR ALT 1 1 CONSTRUCTION MATS },. . w =' N.T.S. x r >r- r x 4w, AREA EO F �_ .. WORK c SCTM: �, O 1000-053.00-01 .00-004.000 , r TEMPORARY ACCESS Q 4 SCTM: , ROAD TO BE O 6.17' 6.83' rtlr 1000-053.00-01 .00-006.002 CRUSHED STONE ONLY O ,.;. O O O r .. e -1• O • O O , G ~' r SCTM , .•,, � , ,:; ,f ; ' : � 9.33' , : 1000-053.00-01 .00-007.000x. CONSTRUCTION MAT 0 101 U ~5 �� ALT 2 f NTS 1 f 1 I i r , r lJ j / # DESCRIPTION APPROV. BY SCTM , .,,_Vrl4"r;Tr!777 REVISIONS ,. ,`` 1000-053.00-01 .00-009.000 _ O T . , OWN OF S0UTH0LD r SUFFOLK COUNTY NY E SITE PLAN SILLS FARM DEMOLITION 14 SCALE: 1 "=80' cn ° BD 160 SITE ACCESS PLAN U) Feet N L. K. McLEAN ASSOCIATES P.C. 00 , N CONSULTING ENGINEERS 43T SOUTH COUNTRY RD., BIROOKHAVEN, NEW YORK 11719 N THE EDUCATION LAW OF THE STATE OF NEW YORK PROHIBITSSheet No. N ANY PERSON FROM ALTERING ANYTHING ON THE DRAWINGS Designed By: MF/CFD Scale: AS NOTED r AND/OR THE ACCOMPANYING SPECIFICATIONS, UNLESS IT'S UNDER THE DIRECTION OF A LICENSED PROFESSIONAL N ENGINEER, WHERE SUCH ALTERATIONS ARE MADE, THE A n N PROFESSIONAL ENGINEER MUST SIGN, SEAL, DATE AND Drawn By: MF Date: OCTOBER 2022 u/i_!` (D DESCRIBE THE FULL EXTENT OF THE ALTERATION ON THE DRAWING AND/OR IN THE SPECIFICATION (NYS ED. LAW SECTION 7209-2). Approved By: RGD File No. 221 62.000 Yi, X-4 41.14Mi FA IL# h0wig fV 0),.;. 1,10 VW1. 4%f,_*,14n 4 10�Jlwl is Alm" It Rg"I"'k q 4w W t. I%,- Es, .196, m 01 'toll 1C fj�7�j�,C VR 8 P Ak� t V� ..... 7 It I I a MAE, EWA m Fm I MIN TIP `0 I"�4 A lift urn '-;7 i., ge. Off A,i 7tiy tL 1.�ka�,� #4�� i " I J" 1, % � /4 1� " - 11 1), i - , '11, ,11 �b -A FoAl ji 46 T4 ,1 0.0,00 N uk mi � IL DESCRIPTION Zip- IF w OF TAIWN APU IXRM� 14 VA 61 L Ff It TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SILLS FARM DEMOLITION J, 0 SHEET L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN, NEW YORK 11719 4� scale: AS NOTED Ae Ire= Date: OCTOBER 2022 mill 3124 11111[s] Approved By: RGD File No. 22162.000 .. SO n , it At BUILDINGS AND — PROJECT — _ — LOCATION � EXISTING . a FOUNDATIONS TO BE DEMOLISHED — -._.— _— r AND REMOVED _ , / � \ Greenport West Arshamonaque - _— — - PROPOSED +MATERIAL ^S S Neck LOADING 2 R° _ ad AREA +/ ` Arshamomaque / - Cemetery + LOCATION MAP N.T.S. + / PROPOSED SILT FENCE LEGEND: + EXISTING x ---- PROPERTY LINE / CONCRETE \ SILO TO BE t� r t�—[�-- PROPOSED SILT FENCE DEMOLISHED 1 —x x— PROPOSED TEMPORARY CONSTRUCTION FENCE PROPOSED TEMPORARY ACCESS + �\+ # OF STRUCTURE TO BE DEMOLISHED PROPOSED RAILROAD + CROSSING AS PER LIRR , PERMIT SILO } E �= PROPOSED TEMPQRARY CONSTRUCTION FENCE WITH GATE 041 v W r. A ••.e i'. +. CD : � I M U SITE PLAN SCALE: 1 "=30' u DATE BY DESCRIPTION APPROV. BY REVISIONS TOWN OF SOUTHOLD E SUFFOLK COUNTY NY SILLS FARM DEMOLITION o ° DEMOLITION PLAN cn No L. K. McLEAN ASSOCIATES, P.C. co 0O CONSULTING ENGINEERS 437 SOUTH COUNTRY RD., BROOKHAVEN, NEW YORK 11719 N THE EDUCATION LAW OF THE STATE OF NEW YORK PROHIBITS Sheet No. N (� ANY PERSON FROM ALTERING ANYTHING ON THE DRAWINGS Designed By: MF/CFD Scale: AS NOTED 0 AND/OR THE ACCOMPANYING SPECIFICATIONS, UNLESS IT'S UNDER THE DIRECTION OF A LICENSED PROFESSIONAL N ENGINEER, WHERE SUCH ALTERATIONS ARE MADE, THE - N PROFESSIONAL ENGINEER MUST SIGN. SEAL. DATE AND Drawn By: MF Date: OCTOBER 2022 DESCRIBE THE FULL EXTENT OF THE ALTERATION ON THE DRAWING AND/OR IN THE SPECIFICATION 72092. 1 SECTION (NYS EO. LAW Approved By: RGD File No. 221 62.000 RESOLUTION 2023-169 ADOPTED DOC ID: 18871 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-169 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2023: RESOLVED that the Town Board-of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of the Sill's Farm Buildings located at 70282 & 70284 Main Road (NYS Route 25) in Greenport,New York, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell .n Times Review Media Group Invoice #: f8d828c4 The Suffolk Times Date: 04/28/2023 Bill To Customer Email SOUTHOLD TOWN CLERK sabrina.born@town.southold.ny.us Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. Description Publish Date Amount PUBLIC 05/04/2023 $62.60 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Total: $87.60 Please remit checks payable to: Balance: Times Review Media Group $87.60 PO Box 9500 Mattituck, NY 99952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. LEGAL NOTICE INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME:"DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk Office beginning May 4,2023. PLACE OF OPENINGS: SOUTHOLD TOWN CLERK 53095 MAIN ROAD SOUTHOLD,NY 11971 DATE/TIME OF OPENING: May 25,2023 2:00 P.M. CONTACT PERSON: Michael Collins,P.E. Southold Town Engineer 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 10:00AM on May 12,2023 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. Funding was provided through the Department of State Office of Planning,Development,and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. Dated:April 25,2023 BY ORDER OF THE TOWN BOARD Denis Noncarrow Southold Town Clerk 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: "DEMOLITION OF THE SILL'S FARM BUILDINGS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning May 4, 2023. PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD May 25,2023 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 10:00AM on May 12, 2023 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. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: “DEMOLITION OF THE SILL’S FARM BUILDINGS” Definite specifications may be obtained at the Southold Town Clerk’s Office beginning June 15, 2023. PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 13, 2023 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 10:00AM on June 27, 2023 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. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title 11 of the Environmental Protection Fund Local Waterfront Revitalization Program. BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: June 6, 2023 Denis Noncarrow Southold Town Clerk