Loading...
HomeMy WebLinkAboutSill's Property Demo �ogVFFOL-4- ELIZABETH A. NEVILLE,MMC �® Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,� ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Ol �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 Monica Klug Brian V. Klug Landscaping, Inc PO Box 349 Speonk,NY 11972 t Dear Ms. Klug: Congratulations. At the regular Town Board meeting held on December 4, 2018, the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours„ Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A.NEVILLE,MMC �® Town Hall,53095 Main Road TOWN CLERK !Z P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 ® Fax(631)765-6145 MARRIAGE OFFICER ,b O� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �o,� �`Z► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 Jon Lake & Sons Property Maintenance PO Box 475 Cutchogue,NY 11935 Dear Mr. Lake: At the regular Town Board meeting held on December 4, 2018,the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yo s, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A.NEVILLE, MMC ®� ®� Town Hall,53095 Main Road TOWN CLERK a �� P.O.Box 1179 Southold,New York 11971 ce REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,8r ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �QB �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 Gregory Perez Scaffolds Etc., Inc 180 E Prospect Avenue Mamaraneck,NY 10543 Dear Mr. Perez: At the regular Town Board meeting held on December 4, 2018, the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, , Lynda M Rudder Deputy Town Clerk Ens. � ® ELIZABETH A.NEVILLE,MMC �yA G� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ,�. ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��j �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December G, 2018 Salvatore Mancuso S & M Prompt Rubbish Removal Service, Inc 228 Miller Avenue Freeport,NY 11520 Dear Mr. Mancuso: At the regular Town Board meeting held on December 4, 2018, the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly your Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE,MMC O` 0� Town Hall 53095 Main Road TOWN CLERK �� y� P.O.Box 1179 Southold,New York 11971 CA REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,gyp. ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER D,� �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 Robert Panchak K J B Industries, Inc. 58 Tyler Drive Riverhead,NY 11901 Dear Mr. Panchak: At the regular Town Board meeting held on December 4, 2018,the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, 0�jvk� zu— Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A.NEVILLE,MMC b�'O �j'y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,d. ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 Donald O'Hanlon Carter-Melence, Inc PO Box 907 Sound Beach,NY 11789 Dear Mr. O'Hanlon: At the regular Town Board meeting held on December 4, 2018, the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ouFF01 ELIZABETH A.NEVILLE,MMC �,�0 Gy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 coo Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER ,!, ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0( ��► www.southoldtownny.gov i FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 William Potabi CMM Sitework Inc PO Box 626 Brookhaven,NY 11719 Dear Mr. Potabi: At the regular Town Board meeting held on December 4, 2018,the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE,MMC ea, Town Hall,53095 Main Road TOWN CLERK �� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �, off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �,( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD December 6, 2018 John Costello Costello Marine Contracting Corp PO Box2124 Greenport,NY 11944 Dear Mr. Costello: At the regular Town Board meeting held on December 4, 2018, the Town Board accepted the bid of Brian V. Klug Landscaping, Inc. for demolition of the Main House at Sill's Farms. A certified copy of the resolution is enclosed. - Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of December 4, 2018 RESOLUTION 2018-1035 Item# 5.19 ro�g `3of j yaa ADOPTED DOC ID: 14684 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1035 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 4, 2018: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal from Brian V. Klug Landscaping, Inc. dated November 28, 2018, in the total amount of$24,000.00 for the demolition of Main House at Sill's Farms, all in accordance with the Town Attorney and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Brian V. Klug Landscaping, Inc. for same, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Generated December 4, 2018 Page 33 Rudder, Lynda From: Collins, Michael Sent: Monday, December 03, 2018 3:54 PM To: Rudder, Lynda Cc: Duffy, Bill; Sepenoski, John Subject: Sill's Farm Demolition Please award the project to Brian V. Kiug Landscaping. This company was the second lowest bidder but was the lowest responsible bidder. The low bidder,Scaffold ETC Inc., is completely unknown to us and provided no prior project experience or references that would demonstrate that they can complete the project. Michael Collins, P.E. Town Engineer Town of Southold (631) 165-1560 httD://www.southoldtownny.gov/index.aspx?nid=195 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 _ 7 CONTRACT AGREEMENT THIS AGREEMENT made this 3 rGt day of Two Thousand and Eigteen by and between the Town of Soutold, party of the first part (hereinafter called the Owner), and QN e_T`MS i1 l��,ti ' (1 party 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 Sill's Farm Property Main House Demolition AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated I Q 18 , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Per-farmanee 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 instance's, shah 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 JOY) �� 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 4i)�Adx ( Dollars Written in Words $M .MD"oe Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A.Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 t ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ss.: Yc On the day of Tin the year 2018 before me, the undersigned, personally appeared, tca4inje-en A vie LrV-g_ , 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. C'. Coke— NOTARYVPUBLIC � T -j JANE C COHEN t5 Notary Pubiic -State of New York NO. 01006333267 Qualified in Suffolk County My Commission Expires Nov 16, 2019 STATE OF NEW YORK, COUNTY OF Sv"-o 1\L )ss.: On the S day of in the year 2018 before me, the undersigned, personally appeared, IS. Loy , 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. - a_,_G. (2-6 NOT Y PUBLIC JANE C COHEN �� Notary Public -State of New York N0. 01C06333267 Qualified in Suffolk County A-3 My Commission Expires Nov 16,2019 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. a SUBMITTED BY: `vf�1'fi�� �f�ll�Y V r'Ay PO4A Corporation A Partnership or Entity FIRM NAMES C�(1fte ��S ® ��t An Individual PRINCIPAL FILE: C ?.o . PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE YU uc�ur N 1. How many years has your organization been in business under its present business name? �CUfD 2. You normally perform what percent of the work with your own forces? List trades that you organization normally performs below: to (Aeai ►)Cj i(P-Q W-Movo I, Ir l►-�tc��, ��c SCCA 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 f 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. O 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 Gujj,00\q 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 7eA IO�JI� QS-2 t 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 J'CAI c e 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: ka►r-N Cch���e, h� 11Q35 U6�. --13y. bobO 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? �')Q QS-3 t 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 1-4e z 4ov-L ) COUNTY OF Q' MdWhty �_LY;z being duly sworn deposes a�d.,, says that he is the 'i Q of Le— \DvZ ) VIA6. dn - tractor and that answers to the foregoing questions and all statements therein contained are true and correct. ,, �(�, r�4A �, ek Si nature of erso w d 'i r0A ( g p n who signed bid) Sworn to before me this j 4-`' day of Vee•, 2018 Notary PubliCr tea.- C. Commission Expiration Date: J,,�c)j tq,Zp JANE C COHEN FMy otary Public -State otNew,York, N0. 01006333267 Qualified in Suffolk County Commission Expires Nov 16, 2019 QS-4 x VENDOR NAME�� \C� VENDOR INFORMATION SHEET TYPE OF, ENTITY:CORP. ✓ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: -otC�)q`��'�Q OR SOCIAL SECURITY#: DATE OF ORGANIZATION, IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned C rporation: CORPORATION NAME. °' GI �C� 'f)c . 4 LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: i Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: (\ 1n C ADDRESS: CONTACT: �Ox-\ \.CSA Cot TELEPHONE: fl� � \J� FAX: k.�M\ 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 9 VENDOR NAM 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 INSURANC SHALL DIS UALIFY BIDDER. WQAUT ORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder orpotential 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. Th person signing this bid, under the penalties of perjury, affirms the truth thereof. Aok %h&" A I/m SWORN TO BEFORE ME THIS Signature&&mp�any Positio C n {� VhfW �A ke 104 b�' DAY OF 20 rg Type Name&CompanyPosition C, Companyf ame NOTARY PUBLIC Date Sig ed I JANE C COHEN (a Notary NO. 0 -State 2 New York N0. 01006333267 Federal I.D.Number Qualified in Suffolk County LC ommission Expires Nov 16,2019 roposa Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: 4 �l J � VENDOR ADDRESS: TELEPHONE NUMBER:`Q " FAX: U " ]�q- U 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 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM - UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Wratten in Words) - DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 ,,� for Y PP c�f?►r�Chs 6b y( a�)d rc -e s 3 ryy-\ O Dollars Cents n Demolish Main House and Dispose of Debris 2 1 v ( Imo''/LS Dollars Cents Restore Property with Fill and 6"of Topsoil 3 1 Ie - fory� T11�1/� (yL� H© JQ t S-- Pb !Zf /LS 77�� Dollars Cents CQ 0 V TOTAL BASE BID Items(Add All Items) • J ooc �S o� Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATU PRINT NAME C G TITLE (�L DATE J(2q �I ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF �— ss.: On the 3rd- day of in the year 2018 before me, the undersigned, personally appeared, Kc.�kNl-eero 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. C, NOTA Y PUBLIC JANE C COHEN FyCommission ublic State of New York O 01C06333267 fied in Suffolk County Expires Nov 16, 2019 Proposal Package 9 of 9 AUTHORIZED SIGNATURE -/ML 1 PRINT NAME MdV&W TITLEA/T)au DATE 121311g ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF U b ,L ss.: On the '3?2� day of --Deco—nuo i? / in the year 2018 before me, the undersigned, personally appeared, S. U-Ks , 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. C)C-1 V-,L-C,f( �ILZ� NOTAAY PUBLIC JANE:Expires EN F", iic of New York0.013267fied ilk Countyssion Nov 16,2019 Proposal Package 9 of 9 6 TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK M ��o�c1s Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York 11971 November 8, 2018 (631) 765-1560 SCOTT A. RUSSELL �� :' � JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765-1560 ��r�® �� Fax (631)-765—9015 MICHAEL COLLINS@a TOWN SOUTHOLD NY US JAMIE RICHTER@a TOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11,971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID 'NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 %.BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00AM on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of Southold Demolition Permit One (1) Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C 1000970 Form B —Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. S tfor-Faithful Peff zee and r aaipAeaan a 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities - IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November 29th,2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. ' b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or-bid bond of the successful bidder will be retained until filing and appreval of the Per-fbfmanee Bondanduntil the completion of ten percent(10%) of the work under the Contract. 113 - 2 INSTRUCTIONS TO BIDDERS (b) The successful (bidder, upon his failure or refusal to execute and deliver the Contract aPA bondsrequiredwithin 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 rej ected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality,in any or all,bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves. familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the 113 - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SEC TPdTiFOR FAJTHFUL P RFORA A TTsf E AND A/f A T TT N ANGTi The sueeessfid! bidder shall be required to exeeute a Peiferma-Ree Bond equal to one hundred 0 ) of the amount bi,.,d,, sueh bonds to be eyeeuted by a New York heensed insurane earrier/surety eerapany with an A r-ating or be-Rer from A.M. Best & Co. and aeeeptable to Ovaier; or bonds secured by eellateral; or sceurities approved by the Oviner. The Perfafmanee Bond shall be viTitten so as to remain in full feree and effeet as a mainterianoe bend for-'a period of not less than one (i) year after the date of final , . t.. ee of the work. The sueeessful upon failure to exeeute and deliver the bonds required within ten(10) days 7 after the date of notice of&ward, shall forfeit to the 7 as liquidated damages for sueh failure or the sceurity deposited v4th his J , and ho,"411 be liable for and he agrees to pay to theOv,%er on 7 shall subsequently be re let ineluding the cost of sueh r-e letting less the amount of sueh depe Ne plea of mistake in sueh aecepted bid shall be available to the bidder for recavery of his deposit or as a defense to arty aetion upen aeeepted bid un4ess said mistake ean be proven by d6eumeiAar:y€vidanEe aeeeptable to the Town-. After approval ef the bonds and exeeution of the GepAraet and after ten (10) pereent of the w has been Y ,the bid seeufity aceempanying the bid will be r-etumed. IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town,Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 1S. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold-has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate — - -- --C.- - —Insurance company name D: Typeofcoverage-inf-effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS ���` �' c 'on's/etc:'Box>.must;inc'ude=tle�stafeme_nt �'�'$aP - s� .�a4`�'Descriptiori=sof operatoiisllortati,r_r � 1. a• _����� �:° _r.}�`�t 'r%b°T.. , .�`.. -.s:s ;gig,` '_ts• .rte,: r:'•.r �•: a^ � d'et:^'>�'.,'�I ".�r �.� ,4. - - '".'-ar,. r:�}�N- .....,'l s�"r:'9w',:�=.•• � '_�, `t�'..^ :r ;;5.. �s.•q. yt.$� �r'J r:� r-t`e: c14 f�4: .h ..'f'd i4*•.. Y."�it.,'�v-s:''''�"""-::'.,_-.'- ,.� '_.,.?.�.;._•. r�. :'ski y.. .'�,:.r..._ - ������-:�_ :..� :_�THEzTOWN_,...F-T.�..,.... .�...>___...._..-,��:..w_...�.._....�..�.�.,.....,.4...�.._ta.�a�,�.��<ti.�......�...__-Q..a.��..,.�..�.. ...��..r:..:# a�,'� '�:a:'-:�i..�,:.' .'��i.:.:.i .k-,.-_e:. %~ :F ;;CERTIFICATEaHO1I7ERHAJlL'BE L7STED� S': t°" y .`4 h-.'. .>'• s.yye - - SlY-ib� �}' SK:"".""r^�"i'':�kt�:i�?� .l�' }:a;=1'` a.{..� ,�`kr a`=•e .y];FY`:gid.. 3`S> :�i.':;� 'i' e,t:.:.., i' ' t.�y�� i_t' J.-r ?•€,� .:�` � .� f t •:�. �,a:'', ; •�`�,z.r4 ;,°^. :'M P;.;•;'#. a �:=SOVTH�OLD.;� •`sS�:�S?:r .^�^`'�-�r,.R "*;{ �Z''' S 7 .5 .� �:�;`:�`t ,s;�...:__"s„?;"z:= '�#:,en ..t'; a-�� r:. �y' i;�'a 1.tw,� ”3 8. ..'':, ^`fa' i:.� ��?•t.:'�aex�;..:.} .:K xT'. �.. '�'d>.., a ��.,rsc.,, r ., <�.,' .�ry§g'•: •x .71��k`','1�..' •,�'�':�'.::�"'.. <;3�s" `tib'>a;�}...r.'�.,.�x' �t �7 .� .�,:g:s�!e."'.zt'f„a`,;�"'..?"`. -4`.,�suf;,.a$r y� ir,.,.i,: t;�.;<�,c,�.kre'� • s«}a.;.jz�x• '� .'7`" ':e `'�7,0�(;)'i�r LD°-lr';i:�;1�771":i; ~•,�`rJ,` '= �'°; .��';.. -:s�'�q =1:i ,«„ .z:'?';, r;, •..:."�y::t 'i=:c': ..Y. i ,� '•t,._ ,r.y„,.c7_, gra{ ..q •pi"':it' ;rs.. -�"� �_x(�.. wi!M`�"' ^";�_ -'sz, ��k."�eb::r� r� 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 Offiee 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, Per-fe�aneeBonds, 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 permits) (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 Righwa�,Department. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway,permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit,the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction, both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to.the Engineer, no excuse.will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OFFICE & TOILET. Th GepAr-aeter- hal p ide an o f flee trailer f 4i1;o by the teyffl and its representatives. q4io bailer shall be elimate eont-Folled and have a elean 0an table, de-sk and ehair provided-sideThe Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to Secure first-class constriction 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 shallsubmit 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 L CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of,the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed Required Approved Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are -ordered-and-approved pursuant to-this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work,as so ordered, shall be determined as follows: 1)By such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll'taxes'required"by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other,than Workmen's Compensation Insurance, materials used in temporary structures, allowances'made by the Contractor to subcontractors, and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and.of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 – Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy,fires, floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT S rJR1T-V (a) The CepAr-aeter- shall fumish a Per-kTmanee Bond, or- other- aeeeptable seeurity, equal to ene 0 ) of the amoupA of the bid as secufity for the faigiful per-fafmanee of Gonna(t, and fAithe payment of all pefsons -perfomang lab fiffnishing + 1 — — -P ried of not less gian ene 1) year- after-the date e aceeptance of t CC -4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond! if at any time the Owner shall be or-beeome dissatisfied with atiy surety or sureties, or- if for any other reason sueh bond shall eease to be adeqttate seeur-4y4e the Ovmer-, the Gontmetor- shall within five (5) days aftef notiee ffom the Owner to do so; substitute an aeeeptable bond in sueh fe� and sum and signed by sueh other sufety as may-be satisfaetory to the OAmen The p.e....im... on such bonds shall be made until the new sumt-f shall h.,,,e 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 farther provides that upon the demand of the State Industrial Commissioner,the Contractor shall fiunish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932,provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for'daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or,weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16) years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project .under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex.in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during.which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done,the Owner will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less five(5)percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract the Perfeffnanee 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 construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies,materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to,the extent that.such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be,by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the na,.f,-,Y,anee Bon 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;setvants;"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 parry 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 parry 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 mluiicipal 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 "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed,by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the fol wing 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 9 VENDOR NAME: , ED 115 C VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: Z o OR SOCIAL SECURITY#: DATE OF ORGANIZATION: t O L IF APPLICABLE: DATE FILED: eE l STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: , LIST PRINCIPAL STOCKH LDERS: (5% of outstanding shares) //I � //) / vI/ / T LIST OFFICERS AND DIRECTORS: NAME TITLE r r ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■t■■■■■■■■■■■■■■■■■■■■■■■■■■■Y■■■■■■■■■■■■■■■■ If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: / VENDORNAME: �c. - _ , -t ADDRESS: ! ( AS t!,4,ft 44\c(,&.) ec, k-- 7Z CONTACT: a-r_ C) TELEPHONE: q1 - IZI-0 ,710 -,-' FAX: E-MAIL: k U L 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 9 VENDOR NAME: 5C4- ti's ET 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 1 mus e attached. ASSUMED NAME: If the bidder isindividua 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 INSURANC ALL DISQUALIFY BIDDp. JTVZED SIG TURF Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The erson signing thiyPid, unde he penalties of perjury, affirms the truth thereof. /l��J SWORN TO BEFORE ME THIS "Si ature C(Tny Poskon OF 20 le) Type NamJ&CompAny Position Company Na / d;NOTARYPJEUt Date Signed ANNA MARIE VERZ05A P Notary Public ® 2-L7 ! �� L„ Connecticut Federal I D.Number My Commission Expires Nov 30, 2019 Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: Er D I�. 5 E� +a - VENDOR ADDRESS:IN, HAPq At ✓�� k- KY I Lf + TELEPHONE NUMBER1 I Y T`It- 0 702— 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 00 . 1 //M R// i? Proposal Package 7 of 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks ,r� 1 1 (1 1 �! for Igo, 1) � `�r 0Da I Dollars Cents /LS Demolish Main House and Dispose of Debris for /LS I C) LJ (J Dollars Cents j Restore Property with Fill and 6"of Topsoil 31 for /LS � Dollars Cents TOTAL BASE BID Items(Add All Items) E!,A) e Dollars Cents ( umencally) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 J /A AUTHORIZED SIGNATURE PRINT NAME TITLE DATE NpV6M jh( W(5 ACKNOWLEDGMENT Cove h r;c��,c,c,r STATE OF-?Tr ii, COUNTY OF F01rftId ) ss.: On the 5(71V day of ti\oMt-G in the year 2018 before me, the undersigned, personally appeared, Q1rCq" M , 9�4-eZ , 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. - - - - - - - - - - - - ANNA MARIE VERZOSA Notary Public , f/1 Connecticut GN ARY PUBLIC My Commission Expires Nov 30, 2019 ' a Proposal Package 9 of 9 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: al' LA Corporation FIRM NAMEJA Partnership or Entity FIRM NAME: �� �, S �� � �' An Individual PRINCIPAL OFFICE: 42M c- PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE a 'f"Oy 'P� C,� ® � � 1. How many years has your organization been in business under its present business name? 7 Ve—cL 1 S 2. You normally perform what percent of the work with your own forces? � �% List trades that you organization normally performs below: L�4-4 Z�-NJ A01 c[I s 3. Have you ever failed to complete any work awarded to you?N—&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 o£ 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 , 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when require/d and complete the work within the Contract Time? 1 10. Bank References: �` ; �`,n"i'1` .,;!•'u'�.1st, `---._".,._ ``� i 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 GOVT o u ii bU r ) CO TY OF F-Al ad ) �Ofl'_A being my sworn de oses and says that he is t e � , e- contractor and that answers to the foregoing questions and all statements therein contained are true and correct. Jeh_40 V 1 - S' nature pers n ho signebid) Sworn to before me this3 fiN day of Notary Public Commission Expiration Date: ANNA MARIE VERZOSA ' Notary Public - - Connecticut f My Commission Expires Nov 30, 2019 �r QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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), , 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. 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 ,5 f )(4e4JA.1) `O e ) Dollars Written �in Words $ l Written ih Figures TOWN OF SOUTHOLD CONTRACTOR BY BY4 V Scott A.Russell, Supervisor TITLE BY Town Attorney (CORPORATE SEAL) A-2 ;1 I ACKNOWLEDGMENT STATE OF I Wei K, COUNTY OF JG(y-f t(Ci ) ss.: On the :�V� day of MAM Vii in the year 2018 before me,the undersigned, personally appeared, &>req 0 t` I I ?e W Z. , personally known to me or proved to me on the basis of s tisfactdry 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 wh' he individual(s) acted, executed the instrument. N ARY PUBLIC ANNA MARIE VERZOSA Notary Public Connecticut My Commission Expires Nov 30, 2019 STATE OF 4E �'r"'u, COUNTY OF F{f f lCj )ss.: On the -vas" day of NVr W in the year 2018 before me, the undersigned, ' personally appeared, Q- Z_ ,personally known to me or proved to me on the basis of satisfa tory 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 t ' ividual(s) acted, executed the instrument. N ARY PUBLIC ANNA MARIE VERZOSA Notary Public Connecticut A-3 My Commission Expires Nov 30, 2019 Ali 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 @ wwvv.labor.state.ny.us `tF'pF N�w�O Andrew M.Cuomo,Governor yp "'°' yQ Roberta Reardon,Commissioner 'SENT pF Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING-WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us TOWN OF SOUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD o� A BUILDING DEPARTMENT a TOWN CLERK'S OFFICE a SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/6/2020. Fees: Total: $0.00 Buil inector - ;� ;,art -�- i,res..ar;,. y , _ ;•«: _� - •t' ,..;a rr ., -�' } ..� t. }} ..:....x 9`1�:..' A'�: •�,'`�' :, ,r ..: .,.:,: ..:<..'_ ..` .r'G"o � � �a� '..-�-._.- .. .{ ;,..:..e.« y.... ,.:,� ,- :..., ., ,7.,,. ,._ � -4;:;x ...,.A,a•` "'-?ir. t +x _-� {.>':•�v ^x�., �i... i'xa��l" ''�Y``,�:v,-. .•,+E. �'. ; r y_ + �.� .. k' .a- +.��' a'.' .. _.... _� 't. x s.. .") f. f .;:.•{��„3 ti't i.��>. �;-„r ,i�'y� �, y j fs a% r r �y + ..._� .� ..._ ._. _ - nt. �.x.e -.., � >' e a♦ �stt�r. i'�•�.;rt n. �..,`:� ,�. ..I'�' t,µ i - t :{ N.}`... 'w r ♦cC... :2).�1, '�� E..drt,i:nr ..+.eT,/;4`�..��fi, ��1..'"'ry'r kZ A L .�. r 1 t .� �., •i • r y _✓`..zt.�.i'sr. �h •-S: 4 4 1' � ` �. j � :r � f� ( �� .��✓ 'fes�C �'�?;'3's ,fit +� ttS• sir` i. _ � � _ � :7� t r M 4t 1 me ,r .•.-...�.> "���'°`�) 7f�}' r" t:. � �� -r'".:, ;. .. 1� _ '` • .! m�� �w.i; (..f..,�fiZir�Fv,:,.+r ��' .`R`Sh it'. l]'�i•Aff �' JRY r}w�ti:! A,S::`A' AT -' ... 1C`[(i ' . _ ����. j4 � i "R fr :`��..., s.y~) ��� �`�4��s.. .; �....: ..:.>f'-, n �'.{---•^^spa•..-•-�...K"'r .rh.., .� .:r.� ��?Z�� �n� ry" a N `!y w, r tt.- ,� f 9..r`3 ,$ n r "� 1.. �' +,•:y:•'-X P..: q-+y�,r .�. f• � "�,_:� 3•�S'� ci�,;%; ���t• ,.L v r ;f-'i `4'>. =t•' � M. i.Ct:-��n ut'�'�ti�,G r�'E's,�,�£iq4� •moi �:Rsi#'h'�^�' �""s. Ta'i.. ..4 rte„, Y3• ,�. te;xl AM". M „wf-. _C+,.,u s..� ..i .,�•:+. k �.^"�"_i;ii�.��,. '.'.. ,y,R "t �--�. } - � �y Tam►�'t,,- : .x,'.tx. t _tS" J•rtrhwr•1,� '4p. .[ s t,.� a '�r�"`a" rry S'.li?,"ikl,x :. "'p ai: .. _..�t., ti.��,;r ,•:�' A.}jib4; 37'•R a;,* - -ate' $tr*�'}':. ..fi'rr ,t�Ns. :'n*= a• c'r';, {... •:.,t� -.st inti aFBi:�% ti' _y `i,Ew . '§ Y a.�-� u• `�'� .>a�+�i ��y��:�t+„a.t •7.�•`'�ti.�. ,,• �'. _� r�+'. 'r�-rIF'=rr1�r a��}'�' - "'•n,r' r -Ml 1t"'n., - t •. x[r, �1. t,. -�.,�s '� ,+�•1 c ..,,w.,• 1 «*w �� a. �4 �z?f�. `.� :� '+es1rt' 'a.. �,y���rt"�y'!kx>��$�.,.'ST"X' ,t+'.,li, � ]•};: S k- ! )::3�"''E' y.'�'�M�'•'�-' r.<�v. ti �:,r 't�'.; ,y":*i, [t't>`�„�j;• r'y. c.,t''' ,,.. :_r k-'„1 i ..r4.•. � -�•-n+..,. ` `%"a "fy; _ ►�'�.:.. , s..S,-`4'Yy'r.: ..'_r a ,....c�-: '.wr? r R•�.:f - �:��1'' ..;�a;;,,�� ::"kk,.�t�x� =}* ,,Te'_', 3f.' hr'�1^ .,C- 1 it. 1RR• ..11 • f ,' '¢.4 y,'.� "1 .� i,* ;� is 4 .,�� -�-. e�'.=•t�'r_ C� y .i T�! c,; r..L�z. � }��Yµr � s".` y,. �'•"`. r r, aid ,, ., �C�:" .-ya - :. ,,..�.: s�f; L ..+ (' c c•'. .c;,. ,r.. JGt••t'". ;R."1�..�.er.:- ... ,,•.�'fr �.t� , r" } 1'�t ._ ....�-.n'4a,.�'.:. - e. :>�ip¢ «,.s,•rfcl.�t�v :i,>< .-s4,)..i. ,fis . .....^'2 �'+�� i ts., *4� �•*xD�. a t° �t w i� 4 'M... ,� �„ .,Y r:.. ..•»�. ..t�,- .p-`xn. ?:: ` .V:,`.'.',.. }t :._ ,..'N..• �: . a �`.-. - <,y. "i� •F_ X,..,I N�� =,t• jr;,.��.:'L•-'s. *fir�. ,4. ...�",,�; ^r,,_•r...:...:.... .�'�....+��:7,.�t;_.3M .r > �.r�: ,-,w,. {}� .i�.?', - .,s„ae,,..- .n1 �. �'�.• +t',,.,o:k-� .� •..`i�"'.e�%Z f»l}. a `-.' -r.i .� `� •' f r•r' ., �' 1.,., �{r- Yar?' )� :fix, fig„ wa � 1L :sf :� j L- . - =:r 'S•1. ,}. ie�,. rf qr„ 3' {; "�:..�- .: S t t tµ4_ .t' ',.:�:-. _ a -;; �:•- ,�, ,r.. -y,. � "" � �� �s..,�'C''�,.f* :�.•,"�YJ'�r'.#. taY w'� � v�`•S. t r :..., � �£�'-.'if 'y� „�1,. 2`.c'. '4�'!Y�. .f"• .;r�'��,� '�. '`•S ,.. ,,::•: •":,, � .; '+ ,risk ,;.,'r,,,, ,,' a-�l;. ,�,_ - Y+ �;!i+`. t .,t- �`•XZ -`�} r. L ~` W ri):� t I r - t 'sti,, :at.l:. >.r:• .S M '+ j.� .�xr •,J 4r �."� tr'� f ;f C'`. , , „�. ep �+}."4�.. ✓,� Qr _ ny-. f"td k 'rxc"�-t'rr'.,,L�T�`:x -ss's - `` hl 'r".•s •S.'�' t� Y r ° } ` ` - .u ::t,.s� v.+;".f''�� ^�a!Q.'- tir'�..,t ' WN. . '.s.^k�i!xaiN€7 CY'K'%r;� Vs'sk.,ryd-• -'..A w t c, yM..� ,r«•r •.. �' - ` v�,,.'�'�[" 4.,,1,'�„r'f•. �i?,�*^.�,: ....;::�rt,s. �,Su:. :�, "7�?i�,,.. q� -,.>,t: n. ` . ,,. a...�., r g,3 .. C :'. ._: �'`." ',r•f ,1� 1i_r^'�*�' �,"��A'x•,�a''� "r' A. rb .: .,�,Y f, r .;.-"3W, i. ,,, x w ,,. 7.r< ,:t;: >� _,py- :. P',-�>.r. :# - �,- .fir. �i'tyf:"t ;"k. •:4,,: .f' gc r y.. f^-*[✓`✓ K;w'.r.+ .!�r `{. >+S''yGt.` � ,,:: [ ,f, 1 J„k s1M f r-- w k .i�. •,-�'�• '.,.a,i:ri ti' -•+. SY � 61 __�•� � f' 'ff p./ �"" �" '`•f.. V'd',^i�.•��yr� ,.Cod. y rW�„�*Tk •s.ialf'f ' `1 © I 4� ✓ .+' :.i' T .'` r ""'F'�� ':Y.' :raw �P' , t •' A - f1Atial _ .r, 1 �; .� � 5'''~ ) •r-' ..,7 r , +.'S1t�x^-{'. .i�•f.:l.,!- -•l.a. 1. •: f., _ :1 .n. {:: L y'._ _.., �� ?� . '.f..fS'••:r r. �.... ..: ,..). , t�*,; .':f•: 4. :;.'i%!... ,!* t ie-["t4t'y1 is r.: .f=.a')s+t ;�:^� h.' 4 , !• �., .;�;. ,�� ,r .> .r. .• t. 4 . t�'rtt yam, �•x _..._ .,,.t .+,,..:3:�" :,_. ,.. ,.,:..� ..,.., a :.,, .- -._.. ::; �( �i of a A ;,;;^� o,C c5. :i�` ` �_.s... i �'^f*' .ti� r A ^�+'tr - .r t. �x ;:ir;``�,p•':",�-.'«��t�'�'`•�4'yti.},., ,•a� t1F �:.�•}: T '•1`•T ,1.1 �Y U E� f :t,r Z ! ✓-.a :.:i'.1 4:,�`':�,-� j � --i.Nir.4�j� Y� �R.. �,t'' �� ••,.,1. '�..+er F- i f y, c r" _ .ay % ..-• }.: 1: T�•: ' `.•.,-�rrGd'S'p'.�'-'#}��• _ , . A �'.. �'-,i �, _,,�,:.�- r- y'r x a., ':,,.+ Z( ^P F., -�(�j .+C.f ) .� t..:: �+�, �)ry f.::1 :r+-) *� 1-v ..,V,• � ,kv-:j a. :�. .t r, ar,`�,,oaf :� �. ! :,:;p, w �.. : L'.{Jt ti ��, ,� L�i�+n,!'t�•,�-a ..��+. "•�'�J ,!��,'0 'ti...r ....�. �+..t• .��""G'� � p9 #` tr7�`. .:..',. �' ` :..,'�i'::<..N` -. { r ,.> 's` - r:': , "3rir T• Y '�.: .Ss. -:fib•.. • :-V --t � �f *s,.1`• s a � f� ....,. n.,,,., ' : .. �f- i?f- -s2 c s. r I4 AL w+P t.. i+s�.,ays,wt . . � .-. ,Zy, ,•.,�.••.-.��:,� b_ e_.,.�z: ,t.. .,; � '•i� � � 1- <'i � .�l s. < :.:.:� .�••, :,f�i�( %: �f[•J'i ���� �;�>�'• �ff'r•'���);} `^r w++ C7' p�l V Jl1'7 r�_,�`5J l,' L"�1 t�� ©� �. 4 a•7-�q�t�J t��{�� c �� - ©'• It. � •h�:N-[ '�l,'t `f uY'..i.. ' ?`..- " .•'"c-'R9t' n:. ,.1 '�•'1�R',.= -1. �.),•�..i , '*�+C ` .ram )",�i:t,�.l'.".T. f, k 04. Y•i�' :C.: .�11, .s)..•: ...4. '.. 5..: }. .x :':'.^. -�v�:s:h,..,, .�. F. .:r c??•. ...., r-v ;-+4. ,,� �.� .M -r` =• 11.,:��� ::}'yri.m A:r`. .o '� uo.'-}5''b. sr`,• „t-�=.` „�" ..� '*f7 it 3^•' :)L:'r'.' �.r�.•�y, dr}. %a Lr �: -tom'. .r. �y .:a�' I Lfit �:�•., � r^•.R.f r' f •t .5f.64 .:.igM 2..ti .:.y �� S -' + -.� tM �)•Y Y7 4 i.• ,ri:a A -�:ki e+ ._f. :�,*..fy" ,d� - :..;._ ,.,. rt{'t�. �' © AR' R!' �,'.,c,J,rd *W"� U+, ©. ©�' Q �' a� ,t.�7 '!'1 � ttq•` `. i 1- � t Ay•d `3`� 'v f.y.1� +•'G.,t,Ai. � �.�., � �:".;J.s r t �.;,,'�t �: 4i l.� 1/ '.r y Er' ,w" "1 ...n•J r �1�-.� � r ,, # '1rs �'•i;,�•�"'f'. '^ � ¢ah.: .r.yi..• � � •y.. ;�i:.�.R�"r`r s r r s : � $'='�tak� t: r.�.•, f.6t, �`a`.+, '��M., �,�L �' i .5�;♦ _ > t' y, .t'1. t' 'fA r r.t ,-. vl,�, ,, .r- .r��a r. i �4...-�t•,.r �.,,. `*• (�` �,: .:> ;ref. r:. p - t�-• k �.y t -�.+'4y::-. a. ,.4,`niC-'.�4 `''t _„}., � :.a•,,�. :a :-rt i� 't c,�'� w,s sr x.,,,c �„ �.x��41+. o� ,,. iy .7�,'r3 ,,.r. �,, - Y�;'n_.�. •rt � .,f r_ � a. .` ..i s. �' r-.4.a., `i• '� 1 � +t 1slt+:�+?`r;.:sr'l•"S. tt�:k ,c"+ Via."` '``7"` `'"*_.t. aa„rly;%�•').. xY.t" .,.,{ C �vj ,a. •.tri l 5a �1 .•�' °� `t n'. t��c,'. �r.�.#.• i+ L•S ` ``•7',F,;`"',., . n t+ [(p4i, r�c4� ]] Q/�rr���ryt] 1.1 1{�t ': y w,'3 G C•j "'t •+ GiI y L 6'. s': C!•d i' t 4.`..'• �... h,X.� ..tom .�_,;�,,wy!��"sr"„�..• `.�T :.ws�. �..' _''r'fi+r ,., -..•.� ei x 'S"•'.t �1 -+ a s ,,; °•,.. .� -:t• .i"bY r vr.µ .,t :t .:aS.ff.t+rs ,{res`•'r. _ frti.� f .:7`it.` -!s :r } ,r..�� y', - C. �M.•fe..^7 r -$k'�' vxFm � r r:„r-.s rf:,t •_�' .`„ +s ,,,,,t,.... 1"S: s � ..:..a a S .7 i'.n"v.,._ y..tf ...r„wr r .rF:,: .,_ .. `h., _^;;,, -: T .:`. � •1 F.. „..t .« .. '_ `y. yJ"!!'-r.`3}+ � 'icr ,.�:^ ..'� : tic!:y^c i .rr ,.,_,. r -.:-..,. ?, :'r"+- t.,'� ,.�-.. `4,r:<...''t�.:s.`i�tiv'a :.,..:. ....�-+i-t:+., t �� y' y �S, t�: ..,g .'nr.,l•. 1�`+•s-. ...is 5:. .r.:'1 ,.r.1;t. ,.,,.�. i ., ,., ,..,itr. `r' :.', ,�:+.. r y '• r.2y..,S',;;f, }'S �7. .- {,Isls .:} t ,.t.,'f v,: � ,�h•,•' �1: {p��y X37^� �+k +,�C�: �,'s•*'•4ar:"r __f,1 f. r � �« s.�r}..��. ,'» *•tt *c':,., 'Yt Vr� fti-..•t«'+.. %...,f+ 7 J• _.,s ��t .�. 1 L-# if �!' t r i..r .� �R:. ';.�t _�, f "S: 1^'. •:r+�-S, T '�•.Yn-.. .,.y :. 1 ..•.:.'� J ..i`.,'..Fty;.s..f e:"t- :.r.::. a. _ti.,...(r'.':., .r, '?er' a. ) i � f .� Lr r ....f :.--L,., .,. "F:s% �� ,.�5:-: 3.:_,r >d. .._•, ,i.,, _ .. --,n', 4. •-k Y:d•K. ..p.�. A ... --: r...•r' �t ,' ., t °• :� S r::`f' +�; - �k.„ ; �.�' ..... r,,. .. ..,?w x ?.J.� st �.. ,:'t:, ,..,..�.r.-^rt,f'C„ �• •t.0-:.�'n � .,,.` ,ir.�:`✓a *�r.,:�' J -t. .yqy: .t r- ..;K' ::C...a.� :,.. ::r .F y........ )-` ..-. � l�'!��.x tal• L. tir- 3, .ltd •'�'xi -d�L :..ate 3'.w„ `�:r."'•Sx�., _;:.'v •.:"'�'_ t---...{.-�r5.:. }. •f: a'i�: '+ ):�, .:..: h:.�+.',.•1" .� r^_ '.d"S �" r: '.=. < '}.-Y„_ ,..�.:.'�+-•*,'.,r.t .,...,,t`t3`:.✓}:ea?,,•.,�,+,l?�.~,•t..,�'y..#.:,'s.I;�,..r.y.�„4-}r-r 2.-t�,E.. ,-•.;.•F.�'..,�Y!.`t+l,'.r.W•,�?.k w'rk..,:.-.+:�.r.;.•',_Sr-,I.;-.,.-t:"'..;P.tt.)�w,.-.-4o,•..:•s",yi 3`Y.•rc..,.-.'.:?..;kr,..-...+�.fi'�,?L...�.,♦..,<•.•fr.?.'h_:.a r'�`f..•,}.a/'3:c.''.�.'a.t_.i:..r.-�>s2.r.� *y.,'.F,�_"_r<'�•:t'.�.r.fit.:c ?'t.:{.l.,x'6+.�.t5- ��"•r3.:e..♦•xtie.y.��.;Fya,..r,..1:.sc4'"s_'�s'-w',_ `. ,•1s�tx.,'„`-�k.r''}L�,Y*.ie r -+F"::,•".•'S. r. S.--.',..r'.r �:ri Y.. .1;m £,r � sY,is."£c,., -�6'i,1. .,'�,:�F�.r . .,.r.;�, ..,,, L,�.-. !sr,w x wr•.:i t ,sem"• .i• � r'' ;,^ `�} - . .}'"+<4,�,{i';X�. " ';' '.r, '..��" t, .(�''l,,.T'-' �'�i.�,:,i� .:�=s !'. -�T:, Yt-� �v'�:c';�?� :<i, •,e�Wit'• Y>.:y( 1 vk'. y t. f 'trli ..-.�� .t5;,.^a. 3 `�.-._ s R'-•i.',r�yxe.•n9 _+r~J'�. lh.,.c�w..,..+C�F� � � �.'+'ir. AP R VED AS NOTED DATE: B.P.# ,31 FEE: BY: NOTIFY BUILDING DEPAR ENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. -____.. .-COMPLY W LT ti lkL.L - NEW YORK STATE & TOWN COD, AS REQUIRED AND CONDITIONS G- BOARD aMffMD,OWTWEES RETAIN STORM WATER RUNOFF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. �i�j y,'i,..� ,�� � �9�//J�. t` + i. S;..S .�S :t � •ii .. ` � — �h '.1 ��� st at. •'�f"%, � S 'Si t `•{,r ` .'t r v J,Jl' '� to 4.top, TIt 7 , . R�' v i',})1 } �.i r'�•t jf)�"k+i%+�•" t "'Y{ fi.! / 'i'Fi't i` r ,i' �} 11. `k• `� 'ti ` :ti�`'� _ ../?: �i ,, as• a frit}+• j 3!"ct.l , � ) � /,,•/ _ 1' i�'t �' t t 1`filr ' "��f �fL M 7 tt ' t L i i��'�,�a • S I'' / J •iii �' �1 Si'' i' A � i yet r r� � Tjp �� , '1"� �: i y !:,r` .�} l�� �F It �' S +� F}FY�'""t `�. �f i, t.i. ,r�•iSsi } �t .�-�\ r. a •♦ �t t�.;i is C+ `. 7 }• i S. ,; ] - �1 a..+' ^y L•?. 1 rrr ,�` i{ f r x L L � _ t -i > > !i x `t lI �i [y t' L v 1. f 1�l • t fi � `vl � l ,Ss1• ' '�; 1 / 1 1 � i :f` ! ' rjir ' i 1 `� z ��`, • rl �... f ��� t '•.�}ta...?YtI ii _t �, 5 5 t _...t . V .1 ) q � 1 a "�. i i 1 /-i.e `� "i r I` ,, t t' '}i'' +f f ')`! { 'r �S" r y ` ,•r •�- 3 �j ,t:5 .i�!\ 1 , >..;Y✓�� it t � � � f t� r1 r• t i t) t t t}.r f al� j 1 It. i ` 5431 �! t i ,/e +��,' t �. i il. ,� +� 1�', i t y �5�t• y �5t � � .2 r; ^d t . � t.� Txtt`}✓ a� �. • i + f' t ' ' f .r ) t�.1 r ` _ \.�f •�.i i ti tk >:,f y .{ °r f� {i.� PBILLS ROPOSEN. - 1 rt. r, .. • • N[S 'tf i -i t J 5 a l 1 ) 1'i 1 11 stir t PROJ CSM • 42.'''.yyt,.. t �f�' I'• t� a It t 'x,1.1 i {�{ r .i< t o: ti,t t } -rS(.t S• 1 e� + • . ''.✓I. : �,•xtirle ��1'xxi �i�s. rll,2 q. �v�; ,} al y f!f t� t tl c�/� y� ����r r „ , ' i+�,.•�li r."�''•tz +���. `'' � ti �. 2}� 'r ��"^��sI 1 ��• w�J l 4 �z 4.�� s / } � t "vita,• .}Y'^�o� �J ?'� tir t 1 `1. r i:' K1n-L tl�tti 7E: 2f?;F 1a ` : r 5 �' tit'*^"17..�1,� '1�,�,-,� .''i,�Pitt', l': 4'x; / }r s� � Yt. r. 5 '�"�1 i, "` 4 s r t•.i '+� t' i,f�jt 3��v; �55� f f f t iSl ,ii.� 1`''Si` �� `rjx.7.rs f.�. '> 4 i S v �,' ,�t Y`y ; �v 'i i i �x 1:��• S t ^1'w %.t. • � j.Y;y tts.- �Gti.rL ,i,y ...+�Zj� � 't ,•>,t J t �..' } F 5�'ri f S j,•��`�: < r 41 if�4 r . r y111 �. �L � r t ) ts,.,,r 1 't\~ " !'t•'.+ta'iJr`1 a t Y ?' t t r f:)/Q+[+i. . F r. ,t t 5• t 4 }t i) f i �,;t ��m 2m A— 't,r rr.Tr•txarJ�' = n� ra ..t. .cwt a'� t,> ''. � {? : 1,�'yt ,�• •'+.t .�7t�r ;tot „+w 7i� 'w1Y TJ j 1 >' - 1' �' i 5 1 at.Yr r ry l t ! c f t { j 1 �t } 'i�'�r'1�t/.a o, • k" h7 1y•t d.: ", S t a*< „ J t �r tr .{ 1}.t J... 1r a ! SS�J't j: r'- ('' ` � c d triVC:5,� �s} �'rt a.�+�� 'a n rrr 1 v.T r'ly• \�3 1 e 4 x < _` ', r..� I C i .> •-�. !. /{�, ! / � .` ���7 4F7f I t� 2 it 7�.'1't�'.' f�a`•1?Y..til.�ci�.y�l:��L"Y��l ���`�t, r�'`' µ��t z „ )")`t� ,t{ *r <.t sr DEM • • PROJECT NOTES: •1• — vV V 111V1JL bull JINU FE MIT APPLICATION CHECKLIST UILDING DEPARTMENT Do you have or need the following,before applying? OWN HALL of•Health- ` -Board� '` • )UTHOLD, NY 11971 4 sdts'ofbiiildirig Plans EL: (631) 765-1802 Planning Board approval 4X: (631) 765-9502 ; )utho1dtownny.gov PERMIT NO. ( `{' Check Septic Form­7 N.Y.SRE.C:• ` Trustees C.O.Application Flood Permit :amined 20 Single&Separate 'Truss Identification Form Storm-%Wr Assdssment Form { 'Con(act: )proved 20� Mail'to:' sapproved a/c ` • _ � Phone 6 limn .piration �c_ 20 - DBui g ns ctor OCT 3 0 2018 APPLICATION FOI2 BVI;L&�G PEl� i�T'I`�'' BUIELDING DEFT. _ ,,,t� TOWN OFSOITIHOLD Date -- (/ 32t9 , 20R INSTRU;C!CIONS a, This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plans, accurate plot plan to scale. Fee according to schedule, b. Plot plan showing location of lot and Of•buildings on premises,relationship to adjoining premises or public streets or eas, and waterways, c. The work covered by this application inay not be'commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspegc or,will,issue-a.Building Pprmit to the applicant. Such a permit al I be kept on-the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part;, , Pr, ' any purpose what so ever until the Building Inspector Sues a Certificate of.Occupancy• ' f. Every building permit shall-expire if the-work authorized_ha,'rot commenced within 12 months after the date of nuance or has not been completed within I8_months£rom.such dAf61-Ihio=zoning amendments or other regulations affecting the •operty have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an ldition six months. Thereafter, a new perzriitshall,be.y�qui=edt 1' - APPLICATION`ISHERBBYMAnTZtnt3,�.tzi..ia=_–...> }uEoilddy jo oml-guois. oftgnd xe;oN 1 . i0 jo �5 1 slip ow ax.ojaq of uxomS ;t111Aaaxa pal uot�� ddE aq�ul g:poj jas'xauuEuz q,ul pouxaojxad Qq 11!m xxom oqi itgl puE `.JatIaq puE a2pa1nnoux stq jo Isoq qj of onu axE uopeoildde stat}ut pauiEluoo s�uauialEis 11E }cul `uo►aEo1lddE slue al• puE axEux o} pun)J10M PIES au1 pourxojxad aAq xo uuojxad of portxoipnE X1111? si Pule `sxauMo xoixaunno plEs Io . - (•o}a `xaot•�0 a�E.�odxo0 `}ua�y`xoloEx�rxo0) ' ailj sl aH(S) /(Luno'-Apgns ul p$!1NgnO 05o9819n9LQ:0N.. _ wox nwN to elelg`00nd AMOK `pauzBir,etiogn.��oErlaoo$UTU2. lEnpintput o auiE� - - 1 t . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and.occupancy ' b. Intended use-and occupancy 3. Nature of work (check which a'pjl}cable):New Building Addition Alteration Repair . Removal! Demolition Other Work (Description) 4. Estimated Cost Fee y (To be paid on filing this application) 5. If dwelling, number bf dwelling units . Number of dwelling units on each floor if garage, number df cars 1' 6. If business, commercial or mixed occupancy, specify nature and.extent of each type"of use. 7. Dimensions of existing structures, if any: Front ; Rear Depth Height ; :'Number of Stories Dimensions of same structure with alterations or additions., Front _ Rear-, ,- Depth Height Number ores 8. Dimensions of entire new construction: Front Rear Depth ; ,•' I Height NUM -r of V40'i , ul , 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Tprmer Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning laiv, ordinance or regulation? YES NO 13. Will lot,be re-graded? YES NO'. ••'t'Will'oxoss frll-be,.remov&.fro'm premise Y YES' NO 14. Names of-Owner of premises_ ' `' ; Address _ Phone No. Name of-Architect Ad.#Dss% _ Phone No Name of Contractor !"Addr' ,Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshw.ater:wetland?= `YES. NO * IF YES; SOUTHOLD TO :sTRUSTEBS,9-AD.EiC:PE T'S--M&Y BE REQUIRED:- b. Is this Pro-pertymnthin 300°feet.of a:'tidd114e&nd?•*1"YE8 J,, 140 * IF YES, D.E.C: PERMITS MAY BEAREOUIRED'! 16. Provide survey, to scale, with accurate foundation;pli&and distances to propetty lines. 17. If elevation at,any point on property,is at,-10 feet or below, must provide topographical data on survey. 18, Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A:,COP."Y: STATE OF,NEW YORK) �• SS. COUNTY OF } DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S.FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL_ CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERAL.REQUIREMENTS, Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities &Temporary Controls 01501 Health& Safety Provisions DIVISION 1 - Page 1 of 13 DIVISION 1 --GENERAL-REQiJIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general, the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable) must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the F,ngineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 - Page 3 of 13 DIVISION I -GENERAL REQUIREMENTS accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. A. The Owner's Engineer-will establish one (1)beneh mark and leeation of the work lines as e Gei:Araeten 7� ivl, ., � V,lvli11 vV V111LJ 1Vl LZl ' B Thr��eren e pointsshall be maipA Hned by the GopAraeter. All other required nes-, levels, b ) 7 shall be fafnished by the Gentmeter from the refer-e-nee peipAs. G. Re estabiishffletA of the rv&-renee poii4s by the Engineer-for-the Gontr-wtor-shall be daRe at the Centr-aeter-'s expense. grades,D. The Gontr-aetor- shall vefify all levels and di 3 shovffi on lines, dra-,N4ngs, and he shall report any effors or ineensisteneies in the aferementioned t&-� Engineer before conameneing wo4E G,.,,u enee .,+ f work shall b + rl L +1, Gentr-actor-at his vvlla.l uvLVL KL 1LLJ VAl/V11JV. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five(5)years. On request, bidders must fiirnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all "principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the 'Subcontractor on the aforementioned project list must have been of similar"nature. A minimum of five '(5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work,and to,minimize project disruptions. All costs due to slowdown of the project .for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M.,A.W.P.A., A.S.A.,N.E.C.,I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications, bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before,issuanee of the final eei4ifieate, the Contr-actor shall deliver to the Ovffier- felle)A4ng guarantees in addition to those speeifieally required in the General Condit a in thevariousr B. The GopAfaetor-her-eby gua apAees that all materials and war-kmanship installed under-his respeetive eontr-aet to be new and of good quality i... —-..7 .-.,eet and to remain so for a- DIVISION 1 -Page 5 of 113 DIVISTON-1"=-GENERAL-REQUIREMENTS r i: a „f e (1) . ��9�g�c1�6�yzere-S9pr0vraca the eifieaz6}]�, from the date of- of+t, Final n i4iE + a uLt by+t,l Engine Lllli- G.I Should any de-fects dei�elap in the afar-esaid u4t.h-kn. the stipulated periods due to faults in materials and/or- 7 the Gentraetor-hmby agrees to make all repaifs works lneluding tfie cost F making good 11 other- .1 b +1, a1> damagedor- affmed by making of the fepairs or- eorreetive vverk shall be done without aRy eost-er ,expense to the ovffier-, and at the epAire eest and expense of the within five-(-5) 7 days after +' to the G oi:Araeto,. Tti'o-vAmer- ' 1 .1 1 1 v-r-k done a d chum eost thereof to the Gontr-aeter anEVor-his Sufeties who agree to pay the evmer-the eost-of sueh work if the Cop&aetor-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 bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 -Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM I —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2 —DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3 —RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. ' 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities —Electricity, lighting, heat, entilatelephone serviee (ifieluding fax maehine`, water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTPJC-ITY The Electr-ieal Gentfacter-shall be responsible for-providing and paying for-the temperar-y el power-for-eonsti-detion to an established point proximate to the eonstmetioii area. The temporary shall be installed within 30 days of the award of the eepAfaet. The Eleetfieal Centraetor shall be responsible for-providing temporary eleetrie power-to all trades, for the dur-ation of th-e TEMPORARY WATER SERVICE A The Contr-aeter shall provide to pomr )water- sei:viee fo Ftp t 1Vn ,.t „JLLTAL 11 �J LiI�./L/JL.J Un T .,.t. fire otee+.e Ytd TAY ele B. Potable water shall be furnished for construction-personnel by portable containers. C. Water- sen,iee shall be pr-eteeted ffoin freezing, and the sei=viee shall be extended a r-eleeated as eessary to mee4 temporary water-requirements. D. The Genir-aeter- shall install a meter aiid pay for- all expeases assoeiated v,4th tefnper-ar-y during the course of the work, ineluding fummishing all neoessai3, penn and fees required for temperar-y wat-� F. Upon eompletion of all work, the; Gontfaeter- shall diseenneet and mmove all temporai=y TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 - Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. f F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. ` B. Protect site from puddling or running water. Provide water barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION-1 - GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry, vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 -DIVISION 1 --GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S.Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000 -SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222- Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2 -SITE WORK SECTION 02050—SITE DEMOLITION& REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood, metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 020.50—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2 - SITE WORK SECTION 02200 -SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Environmental protection QUALITY ASSURANCE A. The Contractor"shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and'thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to,mean that he has examined the site, fully,understands the existing and proposed conditions and has made due allowances for'them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to'start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause-damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 -SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. Any trees damaged_during--construction shall-be-repaired--by an--approved--tree--surgeon: Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off DIVISION 2 - 4 of 8 DIVISION 2 - SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2 - SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2 - SITE WORK SECTION 02911 —TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passim 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 -SITE WORK The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911 —TOPSOIL DIVISION 2 - 8 of 8 ya�� '� tS 'alta t .{ iy .�R: �s:�• 3 � _ v ,,• i SOUTHOLD TOWN ENGINEERING A:.,. t •Y 4a ISP' N'ti. d< PROPOSED Mid SILLS RESIDENCE DEMOLITION PROJECT -„ ( � a G R E E N P O R T Town of Southold lps �: �� rri, *i � James A.Richter,RA •. un t 1000-45-5-3.2 AS NOTED AUGUST 1,2017 �' ;9Z -. xr..rsv oemuvnw aF aurana .'r•as -.�< � a q ', , vy � .,t ;tet � ,� � •:�� ��. ��f, b; �•y�',Y��ay u:1:A#µ ��• \ -�qt S a r�l� a,:1:;� 'ky'&LIe1" .,- o, ytE i'a".•'Ei i� 1 The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property in the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES: generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following* Removal and disposal of a two-story wood frame single family structure with partial basement. Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer DRAWING a Removal and disposal of all miscellaneous and assorted debris in and around the residence. shall be included in the price bid for this Item. Any and all other minor items that may become apparent during demolition but are not specifically w referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination "' No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies. seeks and receives approval from the Engineer prior to performing the work —R i6 i STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement © Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: © New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road © Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ 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 0 Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract;Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: N State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑X Attachment A: N A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants ❑X Attachment B: N B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A) Expenditure Based Budget (Amendment) ❑ B-2(A) Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget (Amendment) N Attachment C: Work Plan ❑X Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page IN WITNESS THEREOF;the parties fiereto•liave executed'or approved this Master Contract on the slates below their•sign-atures: -•=a;:r F ry''� r=• gn - _ - ., isrz'::�:r`r.��=#; �a�"'s'sK. z JIrs4;x'z=y �"'F .t.i�":.,,•- .;. , CONTRACTOR: - ' STATE AGENCY 3• :k till.c :o: qti:. •.zsk: •3•; 4..�tl:.�V:i:i,:� -r.�S,$.;,r,•� ., r?.,"4:�;,ds,.,• ',..��5„•;i»ia:�•:;, _ • . ' ' �,:.,• _>,�. .Town.•of Southold�. �;3'- _ ss4=�,,:,�"�-:„:� t- �YS�I7e'..artriieritxo_f State,._ -.� b, ,ti.�t�; t.,•f', ' "S;.t>a3`3i"- :sttzu`,�<� r..- ,g,.....8a.t t.:::u-.�a.1�,�tir,=i"�:3F`i.° 'tr•<.'..J3...-..�:.a :ri';:.��"a�Y is e._..t�.:.,.�. .. :"r;#r, �„, ' -53095.Main-Road. : 0- y •rxOrie''Coinmerde;tRlazaf; • - ' - :f •� '3'"9 0$`'-.e:;' F r�?�e«:;y�x .rr,.A an.•,;f Gz ,r.:}- .t�.dt., "i.i:i..�]. ,..t. Yj. 'Stiutliold,-N:Y"1 9.7I _ �` `' _ 99 Waslii igton"AvOrge,,--:Suite.1010 :NY,::I2231 :::'' rQ ., •6 d 3 C F `J, 0 —v T C' .;t..f.. Atv,�P�F•�f. .�,�'OA,ib:tW'%�' _X:'n�ft4l . -7 �,};;st6 >h' -a:,h'SS& d�f•`3 "++`':', _ /:u_.....a# .:Fh .- � yT1'•`'..-,,.:'{ j::�• � .3" ::1. 'T,:�`.`p"':nF��°`-i6�..M..•.y..+ .•l� ,3 .. -t'. ��SI !r>;a'•.S'.^ �/�� A'�.�`t•-::, •gyp x •rs -�_ �sr..:-7 ';�' :�'" :tr:ia^•' a•,X:$a.r,ti��'•e' `I:�G%'1 t .•i�r': t�# i,t�'tii�k�'.�2t.3�'S:-^ - - _ - ;G:xFub.<'�i':'::i':::-'. '.,J,y� `r..h+ n:?ert:'•:, ,•y.•+: _ Pri ritecl Narrie:.:: .:.:.: :' :`a. • p}y�te2iaine' x.:�� :{..l„ i t' Z... 5•: '[:' -1. ^t= _ M. r• `•i:• '.� 'mss •x•• :4....t r....t.: �A j :�'.• .•r•bf' n 1 <' �t D � ht A �tl• �K YN'• :.C• Jti r S rb t t•� "ai'` t,.,.�s�sr"t�is:,-.n...+;xz$.: ,r.` ~ s�'ttIe... .�_...v - ” ty;..`taa:,�d,,P �.33z..�•e3ya• ggx^}} a r. : owia{ as.F :xc> .xt'� [• f.'. - ..5•.• _ ^,lt::, ,.r., :t:• _ $., {y :.•-,.,t"t..�c:::i.t t. is ":Date ::i” �,`'f{. (/y��•4:.'.::'ah: .:i:-••-• '=L� F� 1 � } �,3�.+c.'a. :zs�it'3' •:r ter, _r., .. -`bd��,meati:t1i n^;.:::;i:�;��L� {♦� avt ;•E• ..A.-�•SiMla"'_in•s?'.�.rra4s:-",cx'�^ {krjct, .1::':. x. -r...;,...•a�.•a t' 1' a3.. §..1. �r.e.• �,�w ..r,:��sw Xf: :"+`Trs.-=`".�..':•'a,:F��,mgA::�,^:':::.;:: ,;. •:a. @ y Fi • itY , - V. .e ec:,• F:%i."'311`•:t"Y': '•,Lr.:;>#-e.: i' t'. _�y`f,�. Ag F .W,• "� '$, iri r'R t '.j•}." °.i'f�'P +-t. Y• iti rl- �y¢' --<y. '>�?.?:, ..'Sk 53..3;;E'-#:. .�.i"S .x 7`i"89 - -_ ,-•:•s�Ytiv:�' .STA1�_4�NEW YOR`I�-�.�r2.� t�$£t'e#:,,%`5�`r<'.s.,.�wm.�n« x_.-Frxxa 3: .s-�S>.'�'.�:.; .r.is:w..a..k,F.F. .•{.R• r� . `•'1 - 1 ,•.a F,`•,.m»:5:�::. 8:1, _ -:^il < :—fSttt~.'rrt:l'. t i1' :s'=z•' •-.': - __ •Y.:+,:.:a:.lt.t,�..�.kfp' .tt'�}} .1., �.,s.{T�a. ' 1,;: .i�•, ':f:: l: .,-Y<Frl.abF7 ;jt}^kflJ•.�.s.s...l�il t..{•dR��$h.t.. - - s ,4::•.,. .,1•:::53: .,t:4.:,.,.,.i.i�.^.1°:;5;:x;:. _ •1• .3. .z fdT. •°i " 9 P,. :tf;:F:ii"d:3§'i'�•'r!i!t:�:r:`',.. e'!ti'K'..`�i. i3'.,.�. ::Y'. i:..t..::i` v 't` :f `t .. .: befoi<e:rne,� atl•:a eared:~ - • ,.r-son r: -.3".:,:�P`�.� x� •,��, :5�:�: -...' _ f (,) �'iX':i'v 'c:' :i, • i - t - :.f' :i.'•s •.$„'ir 3#'a%�tt..3.;�.�-.-,�. wlio'tiem •'h me�ditl •;sworn idiil .i`u`.� .-T+ti::a.�'o-:�.,: t:t.:w•••i _t..::: t T}.;i'r'..-srri5 .d":", ro .3,."• _ :y z- >f "t +t % XT" ty/a �;;� �cl�T''ose.arid sa; tha "ere ic1''` _•�` _.,°'° fiefs 18A' `i': . ass,' t.. "uu r" :. tiAS .;x.,. {Ile, ntr ct)r t S�j"�Q f'►�..i° of the=' :. D` , " ,, described herein which executed.tlie'foregoing<iistruri 't`and=fihaY li '`fie signed er:name' •,3 r�3S••i.:$ y {i(,^t;f T t� fi' ? �" ,.;:3t•-b., fi�2;' �'�f' At stir ?'d G '`:"vi,T• there 0 as'autliorized iy the con"}�p tox:narii e'on. tie face pig"e:of this Nlaster'Ctintract. - -s^;-i. ^^ ... " .i r `tt' �:J• `..F,) ; ak+ :a tarFi<s� Tw'" :"':s�4:�&4r..3 •?i%',i�S•'; ' N MiC"HE!lE L`s'TO ''F•,;3: ��:, _ 3 'i ' •,:: t; l,:,k, ' ' 3u:,.•' ;Y .;;� ..o y:P�.';;3;:pa;;u,�,,., :MASZ!l1KSK1 i..'a ;`f3r: 'sem%Ei;s `.' 'i:....i. i ,.,.r t.> f, x w_=:.i:31:'ar7,:l•:x;.,t _ •: r 3:s<ty, :If F-f:k"':r:.s.My„._t ;C�'!n:?•» , NQTARY P,UBlfC=STATE:y`' w _ z.+ a:tt ,•- OF'NEW YO�jKt 5 ,. . t. a -i"''� .-•- No.�or•To61; X•1,5- - F,j --r, ::ai: itCl:}ttT',e.Tc" t -%F, '`Y., i .'•i ii✓r, .P•K°tvx - ::�.,:,:,.ts'#'�...r :_'Qllal Itt n,<S - w = led.f county n r- 2r= �3 - Ut,O k- .t. .<- .. 't.i* � :f.3r a• ,,..-• i.'lf• - t:it :ti: .i: ':fiw41�r�.=:%''.. r::;t .il'.�I'Iy,6Olnm_JSSt� trz. it f '.tz, i,t rn �a.ta�,.::<f� i7° ' :•.t. :r:::°'' a1�5:g..•�. •+7:,&•frT; - ,, .rztr '"�\s'a f :i:�;; .. ,:"3.Pr„• "Ff .2+..F E�[ :if .- i�E:rc....> .. C.",6::r`:'f.:.r_._FF . g:ii.i�s:` .. 3 .,A;TTQNEY;GENERAL'S<SIGNATUE{� _. _ STATE;CMPYTRO1?ERS SIGNttE: !, /s f ra `S _ i},'. .y..`I,; , •v _ t:=:: fff t{ .FJ3:i Z�•2:jSq'.ts.:3:i...'.� L_ 7. ' 1'.') . t. _ , '� ". �.. r - .lA?9'S,tJ ”.7. 'vra a•' , r G• t, pFOEM''} ;t:.. , r '+! t; 7t :3 r. YS i ie:O °� , , . ;, CIkP[. t1 i ID� TROU Title: �Ot$ Title: ` - a' t�r tt a' .s+s✓Ae=•t IJT.�� . .,^V':.%3 'Date: Date: ;., a> " • , tiaFc}tuH.ct�t��'. E0 fNEBTATE Contract Number. NC1000970 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:#C1000970 Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-2 1,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-I 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 I.B 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). ` 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:# C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court.of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 1. 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 ----------------- — - --- ------- - ------ --- -------- --- - - - ------------ ate of-fir§f attetnpted-del'ive at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number:# C1000970 Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15) calendar days'prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by,the State Civil Practice 'Law & Rules (CPLR),' Contractor hereby'consents to service of process upon it by registered or certified mail, return.receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and•�every change of address to which service of process can be made. Service by the State to the last known address 'shall be sufficient. ' The Contractor shall have thirty (30) calendar days after service hereunder is•complete in which to respond. L. Set-Off Rights: The State'shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for:a term commencing,prior to the term of the Master Contract, plus any amounts due and owing, to.the State for any other reason including, without limitation,:,tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its:set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. 'M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents;and/or injuries to persons,(including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and ,its officers and employees-from claims, suits, actions, damages and,cost of every,nature arising out of„the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be' assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and'attempts to do so shall be considered to'be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State,Agency and with the concurrence of OSC, where the original'contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written' consent finless'the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under Contract Number:# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions 1 l r j 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 courtof 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.notifted that if its principal i 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 j 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. i j 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 fthat 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:# C1000970 Page 51 of 25,Master Contract for Grants-Standard Terms and Conditions i I t I f 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:# C1000970 Page 6 of 25,Master Contract for Grants-Standard Terms and Conditions C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract maybe terminated at anytime upon mutual written consent of the State and the Contractor. b) Cause: The State may terminate the Master Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Master Contract and/or with any laws, rules, regulations, policies, or procedures that are applicable to the Master Contract. c) Non-Responsibility: In accordance with the provisions of Sections IV(N)(6) and (7) herein, the State may make a final determination that the Contractor is non-responsible (Determination of Non-Responsibility). In such event, the State may terminate the Master Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d) Convenience: The State may terminate the Master Contract in its sole discretion upon thirty(30) calendar days prior written notice. e) Lack of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. f) Force Majeure: The State may terminate or suspend its performance under the Master Contract immediately upon the occurrence of a"force majeure." For purposes of the Master Contract, "Force majeure" shall include, but not be limited to, natural disasters, war, rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the State which render the performance of its obligations impossible. 2. Notice of Termination: a) Service-of notice: Written notice of termination-shall be serif by: J (i) personal messenger service; or Contract Number:# C1000970 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:# C1000970 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 11-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 11-B of the State Finance Law. Contract Number:# C1000970 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:# C1000970 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), 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. 5 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 # C1000970 Page I 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 Payments:8 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The State Agency shall use a written directive for fifth quarter financing. The State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed. 4. ,The State reserves the right to withhold up to fifteen percent(15%)of the total amount of the Master Contract as security for the faithful completion of services or work, as applicable, under the Master Contract. This amount may be withheld in whole or in part from any single payment or combination,of payments otherwise due under the Master Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law. 6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted to the State Agency no later than thirty (30) calendar days after the end'date of the period for which reimbursement is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not exceed the amount of actual expenditures. 7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above, with respect to the final period for which reimbursement is claimed, so long as the obligations were incurred prior to the end date of the contract, the Contractor shall have up to ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Master Contract is funded in whole or in part with federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D.Identifying Information and Privacy Notification: 1. Every voucher or New York State Claim for Payment submitted to a State Agency by the Contractor, for payment for the sale of goods or services or 'for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Contractor's Federal employer identification number, (ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to $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:# C1000970 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 br 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:# C1000970 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:# C1000970 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: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions i i Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees'diat 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:# C1000970 Page 16 of 25,Master Contract for Grants-Standard,Terms and Conditions i applicable. Subcontractors shall be informed by the'Contractor of the possibility of noxi-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: h 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. i 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. I 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. i c) In addition, the Contractor agrees to permit the State to inspect the Property and to j 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. � 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:# C1000970 Page 17 of 25,Master Contract for Grants-Standard Terms and Conditions i I I I ' I I 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 unden,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:# C1000970 Page 18 of 25, Master Contract for Grants-Standard Terms and Conditions i (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 beneft 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. r C (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 j 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 i. with discovery in any pending or future litigation. f, 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. f - b) For performance based milestone contracts, or for the'portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number:# C1000970 Page 19 of 25,Master Contract for Grants=Standard Terms and Conditions i 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 In Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web-based intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New, York State' Enterprise IT, Standards NYS-S08-005, as determined by-quality assurance testing. Such quality assurance testing shall be conducted by the State Agency and the results of such testing must,be satisfactory to the State Agency before web content shall be considered a qualified deliverable under the Master Contract or procurement. Contract Number:# C1000970 Page 20 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 Iemployee 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 i extent that the Master Contract shall be performed within the State of New York, the Contractor i agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or i _ national origin:, (a) discriminate in hiring against any New York State citizen who is qualified and I 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 i 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 i Master Contract is: a written Agreement or purchase order instrument, g for a total � (�) g p providing expenditure in excess of$25,000.00, whereby a contracting State Agency is committed to expend or j 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 fo'r,the acquisition, construction, demolition, replacement, major repair i 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 i of real property and improvements thereon for such project, then the Contractor certifies and affirms that (1) 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: i 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;, t 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; ------- - ---------- f� ---- - -3:--The-Contractor-shall-undertake-or continue-existing programs--of-affirmative-action-to-ensure I that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, v Contract Number:# C1000970 Page 2 I 1 of 25,Master Contract for Grants-Standard Terms and Conditions I l I C I 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 opportuni,ties.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.3=12 of the Executive Law'does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii)employment outside New York State. The State shall consider,compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements 'of the provisions hereof' duplicate or conflict with any,such Federal law and if such 'duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall.comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of•1992: It�is the policy of New, York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders,,subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises,-on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92- 261), as amended; c) The,Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 Ul 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:# C1000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 24 of 25,Master Contract for Grants-Standard Terms and Conditions I 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 j 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 i by the State and (iii) 'remain in compliance with the OAG charities registration requirements throughout the term of the Master Contract. i 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 f 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. I I I l I ' i I I ' I I 9 Not applicable to not-for-profit entities. Contract Number:# C1000970 Page 25 of 25,Master Contract for Grants-Standard Terms and Conditions j j ATTACHMENT A-1 AGENCY AND PROGRAM SPECIFIC TERMS AND CONDITIONS I. Agency Specific Clauses (revised 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable,,unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in'the Work Plan (Attachment.C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount-of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification,to a contract that will result in a transfer of funds among-program activities or budget cost categories, but does not affect the am_ ount;consideration, scope.or other terms of such contracts must be submitted to DOS for submission to,the Office.of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the -Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared-for or in,connection with the Project using funding provided pursuant to this Contract, ,including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into'any subcontract or other agreement purporting to limit such title or interest in such;works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy.thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with-a reversionary interest in such property or intellectual property held by the Department,-unless otherwise authorized or directed in Contract Number: #C1000970 Page 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 i 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 maybe 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. , t 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the -notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department -shall also have the right to postpone or suspend the Agreement or deem it abandoned without ,this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, 'suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value 'of the work which was performed by the Contractor,to the Department's satisfaction prior to the postponement, suspension, abandonment or,termination of the Agreement. 6. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any,,subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1)is listed on the New York State Department of Labor's list of,companies with which New York State cannot do business (available at htti)s://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam.goy/portal/public/SAM); or (3) fails, to possess requisite, workers compensation and disability insurance coverage (see http://www.web.ny_gov). In addition, Contractor agrees that it shall immediately suspend or terminate any subcontract entered into for.the performance of work in furtherance of this Contract if at any time during the term of such subcontract;the subcontractor: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is'listed as an entity debarred from federal contracts (list available at:` https://www.sam.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: #C1000970 Page 3 of 20,Attachment A-1 —Program Specific Terms and Conditions is submitted'by Contractor and denied by the-Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not,more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE'requirements`as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal'Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor,�and construction contracts involving not more than $35,000 and purchase contracts involving not.more than $20;000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such, as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://osc.state.ny.us/vendrep/index.htM or go directly to the VendRep System online at htt]2s:Hportal-osc.state.ny.us. For direct VendRep System user assistance; the Office of the State Comptroll'er's Help Desk may be reached' at 866-370-4672 or' 518-408-4672 or by email at helndesk(Rosc.state.ny us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendreo or may contact the Department_of$tate o .- r 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: 4C1000970 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, of 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 Jof 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.ny.go_v Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell@town.southold.n y�us L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 1,44, 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 ai 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!9 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: #C 1000970 Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions 1,. General Provisions ' a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York-Codes, Rules and Regulations ("NYCRR") for'all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contiactor 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/FrontErid[VendorSearchPublic.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. For purposes of this Contract, the Agency,hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https://ny.newnye6ntradts.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 tern 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: #C1000970 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 ontract. b. In performing the Contract, the Contractor shall: 1), Ensure that each contractor and subcontractor performing' work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the'areas.of recruitment, employment;job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority- and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-I —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. r d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the-subdivisions will be binding upon.each subcontractor as,to work in' connection with the Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess,of$250,000,the following provision shall apply: The Contractor shall'submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender,, .and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their-proposal_or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall-submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms,shall be completed by the Contractor and, any ,subcontractors performing work on the Contract. 3) The Contractor`shall comply with the provisions of the Human Rights,Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20,Attachment A-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 requirement's 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 anon-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 Ag_ency_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: #C1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions- the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at https:Hny.newnycontracts.com by clicking on the"Contact Us & Support" link. Questions regarding this program should be directed to the Department's Minority and Women- owned Business Program by calling (518) 473-3401. Potential contractors can access the NYS Directory of Certified Minority and Women-owned Business Enterprises on-line through the Empire State Development website at https://ny.newnycontracts.com/FrontEndNendorSearchPublic.asi). 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 1000970 Page I I of 20,Attachment 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://o s.ny.govNeterans/. i 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.Hermanna dos.ny gov or Api.Ohouoaa dos.ny. ov. The directory of certified SDVOB vendors can be found at: httl)s://ogs.ny.govNeterans/Docs/CertifiedNYS SDVOB.pd Contract Number: #C 1000970 Page 12 of 20,Attachment A-I —Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: I 1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. 2. The Department of State (Department) is authorized by such Act .to evaluate and determine eligibility of applications for funding of projects. 3. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Attachment C, the Department has made a determination of eligibility of funding for Contractor's project under such Act. 4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department,, upon approving each payment-request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion'of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and ,3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it,is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit-with its request for final payment a Final Project Summary Report and a final Project StatVs Report'on forms,prescribed'by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects 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 IDisabilities'Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall`apply. C. Reports, Documents and Maps The Contractor shall; where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: "This (document, report, map, etc.) was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is, self-insured, the Contractor shall provide suitable evidence of such to the Department- relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than$1,000,000. E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C 1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety(90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents-shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed.fees charged forresidents 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 forf the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by.State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the projLt, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: a. Map Products and Supporting Data -- The Department requires delivery of digital map products, including all associated GIS and/or CAD digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog map products are required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT �REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapef le 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 toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then, a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems-- All map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: ) a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication--No duplication of points that occur within a data string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- PositionaI coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital -map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media--All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of.a-similar series,should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department, where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map,Registration,-- The maps must provide a minimum of four,(4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format- PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract Number. #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions l ATTACHMENT B-1 —EXPENDITURE BASED BUDGET I A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local'Share $245,055.00 MWBE Goals: State funds subject to MWBE goals' $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A.SALARIES (including fringe benefits) Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL-------- —-------------- --------- --- ---— SUBTOTAL $0.00 C. SUPPLIES Pedestrianbridge.............................................................................................$29,178.00 Lumber and associated hardware for boardwalks, observation blinds, kiosks,timber guard rails.............................................................................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools..........................................................$705.00 Crushed bluestone for parking areas........................................................................$5,000.00 Trailmarkers......................................................................................................$2 25.00 SUBTOTAL $51,158.00 D. EQUIPMENT-- --------- – -- --- ----- -- ------------------------ Apple Wad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos............................................................................$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain.........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 F. OTHER _ Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 i ATTACHMENT C-WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including a newly acquired open space parcel.Dilapidated structures and septic systems will be removed and the area restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage.Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport, and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound,restore habitat, remove invasive species,and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks, observation blinds,new and restored parking areas,restoration of the Sill House site, daylighting and habitat restoration at Moore's Drain, educational kiosks,a new footbridge,maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs,and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc.) was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products,clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product. In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF (created using 300 dpi scanning resolution). • Final products:two paper copies of each product. In addition,all final products(including reports, designs, maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format- PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department,and comply with the requirements for Contract GIS Products. • Electronic data for all designs,drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners,and any other appropriate•entities shall hold an initial meeting to review the project scope,project requirements, roles and responsibilities of project:partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements, MWBE,requirements,the number of public meetings and techniques:for public involvement proposed for the project,and any other informatibn which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor, or a designated project partner, shall.prepare and distribute to all project partners a.brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed 'prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee ( The Contractor shall establish a project advisory,committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county,and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals(RFP) for each of the four(4)services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results, a schedule for completion, MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: o Quality and completeness of the response; a Understanding of the proposed scope of work; o Applicability of proposed alternatives or enhancements to information requested; o Cost-effectiveness of the proposal; a Qualifications and relevant experience with respect to the tasks to be performed; a Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget; and, ® Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is required. The municipal attorney,chief legal officer, or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion, a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft'and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting ' In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners, as appropriate,to review project requirements, site conditions,and roles and responsibilities; identify new information needs and next steps;and transfer any information to the consultant(s)which would assist in completion of the project., Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products; Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost estimates for all construction components, including trails; boardwalks,observation blinds, and parking areas. The final.design and construction documents shall be provided to the,Department,and the project advisory committee for review at least two weeks prior to the due date for comments: Final design and construction,documents are subject to approval,by the Department. These documents must be certified by a licensed professional engineer, architect,.or landscape architect and-the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer,architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare'an analysis of all federal, state, and local requirements for the trail including necessary permits and approvals,and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement'analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities,,if necessary. Task 9: Environmental Quality Review The Contractor or its consultant(s)shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement shall be prepared. _ Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement. , Task l0: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state,and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s)shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands;and the Office of Parks, Recreation,and Historic Preservation or the State Historic Preservation Officer; and, • agencies of Suffolk County,Southold Town, Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification,by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use,and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed. Final ownership of the I acre property was granted after the death of the owner in 2015. Under these circumstances, a new deed is not issued, but instead a statement of death. The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails, boardwalks,observation blinds, and parking areas within the Project Area After receipt of all necessary permits, the Contractor or its construction subcontractor(s)may begin construction work according to the final design and construction documents. The Contractor or its subcontractors)shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultants)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during"the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing, trimming, deadfall removal, and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a Bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked; Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test& Remediate Contamination, Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system, and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge. Reconstruct existing parking area and installation of two (2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during,and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include: clean-up of unregulated garbage dumping sites`in the Silver Lake area,mapping of invasive species,mapping of trails, flora and fauna surveys, monitoring of clean-up process, organization of volunteer clean up days, invasive species removal, and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship, and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters)and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include: the target audience; issues to be addressed; type of materials to be produced; subcontractors needed (printer, graphic artist); number of items to be printed or signs constructed;distribution method (utility bills, schools); or location of signs or kiosks; and, evaluative methods and materials (coupons, surveys). For designing and developing a curriculum and text for printed materials,subjects to be covered include: the target population; overall theme; goals and objectives;subject areas to be covered; method of presentation (classroom/laboratory sessions vs. field work/laboratory sessions);potential vehicles for presenting information(printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.); equipment purchases which may be necessary; and, existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare.and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultants)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s) shall develop concepts for the visual and written messages of the proposed education,outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on.the concepts for visual materials and text,the Contractor or its consultant(s) shall compile a graphics package including text,color selections,maps,photographs,and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the'Department,the project advisory committee,and other project partners as appropriate, the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package,and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. ' Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee, the Contractor or its consulfant(s)shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s)shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education, outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed, fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area. A copy of maps, surveys, and public outreach materials created;photos of events, clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes, tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops, and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1, Part I, Section M,Paragraph 6, Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State. Upon such notification by the Department, Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department, the requirement of Attachment A-1,Part I, Section M, Paragraph 6 for paper filing of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be obtained through the NYSCS website at https:Hny.newnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its�consultant(s)shall submit project status reports semi-annually(every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered. Products: Completed project status reports-submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s)shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers, and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed,constructed, and/or produced acknowledge the contributions of the Department to the project. a 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. o will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: ® will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). v will participate in project kick-off meeting and attend meetings that are important to the project. v will review all draft and final products and provide comments as necessary to meet the objectives. v must approve or disapprove any and all design, site plan, and preconstruction documents. Department approval must be obtained before construction may begin. ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language (if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C1000970 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. REPOR'T'ING 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. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which,in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report, and a final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: #C1000970 Page 2 of 4,Attachment D—Payment and Reporting Schedule i i B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section 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 dans 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 dans 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: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule i TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. Contract Number: #C 1000970 Page 4 of 4, Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of em to ees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Admin istrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s)for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group.The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin) All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more mayor life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ k -a EY Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. ZL-" 0 Experience with similar projects. Ability to complete the project within the required time frame months). —;45 COSTBP Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation Additional Comments: Reviewer: Date: Ratings: 5- Outstanding,4-Very Good,3- Good,2-Fair, 1-Poor SOUTHOLD TOWN ENGINEERING 0y?'O1 ��Cx PROPOSED SILLS RESIDENCE i DEMOLITION PROJECT •�.3 �sy r: '� .�° k ' G R E E N P 0 R T 1' - •4_'la �' Town of Southold James A.Richter,RA 1000-45-5-3.2 AS NOTED AUGUST 1,2017 1 The Contractor shallertty in the the lump sum pone for the Planation and removal a all structures DEMOLITION PROJECT NOTES: located on the property a the area indicated on the site Ian and the removal of all trash and debris generated in the course of demolition activities All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following Removal and disposal of a two-story wood frame single family structure with partial basement. Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill complete the work according to the plans,specifications and/or as directed by the Engineer DRAR7NG a Removal and disposal of all miscellaneous and assorted debris in and around the residence shall be included in the price bid for this Item. Any and all other minor items that may become apparent during demolition but are not specifically p A-' referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination I' No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies. seeks and receives approval from the Engineer prior to performing the work ,R is i Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) - DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks for /LS , 100®, Q � Dollars Cents Demolish Main House and Dispose of Debris for 00 Dollars Cents ✓ lj Restore Property with Fill and 6"of Topsoil for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) 6e, Dollars Cents ( umerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all Items prior to or after award of the bid. Proposal Package 8 of 9 Town of Southold "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! " � p�J 1SI^ 2YY\10UC� r ) . Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ® 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. 0 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 9 c VENDOR NAME: J VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. V PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID OR SOCIAL SECURITY#: Q DATE OF ORGANIZATION: �' l J 19 77 IF APPLICABLE: DATE FILED: STATE FILED: eK) 0r- If a non-publicly owned Corporation: s _ CORPORATION NAME: �� 111 1'i�DP (l� D�I,C cervi 6e ��G LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) &IlLaIre., F MajACV-SO I oc) Yo LIST OFFICERS AND DIRECTORS: NAME TITLE &j\ra4re_ F Kycuso _Pne6 i"depct MO-r c � �Or n IVGL6� � Q CkSD v fce, r�7 r-e S &tu If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: 5 M Trow T�6)5�'4MDVa50VICe- JO Lf ADDRESS: 6ZIII;� �'I�L �I�l L4-e D��` A) I S CONTACT: �/Q-�� rt- Y ��M "c-t.- S D TELEPHONE: (5-I�) 45ff -q/13-FAX: 51� 3- (0569, E-MAIL: 5M MA-bb'k SVA ci a o l cow) 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 9 I^ � VENDOR NAME:64: YY1 ,yY1 1 U 1S �emuyc W(L� 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 INSURANCS L Y BIDDER. AUTH ED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person.s' ring this bid, under the penalties of perjury, affirms the truth thereof. Qy°�1 AJ SWORN TO BEFORE ME THIS Sig tore&Company Position `f ®�/ fl � 6V��l�l�- 'DAYOF20 1:9 Type Name&Company Position si,ml�r� T-'Qmovb ( Se,�-vtceenc . ` Company Name NOTAR UBLICQs CRISTINE DIEA GEL-IS Notary Public,State of New York Date Signed No.01 DE5010375 Qualified in Nassau County p+ commission,E*res_A�er 2 : 01,_, Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: yam,. 1- P,5 VENDOR ADDRESS: � � ���r � 1� orT !V 0 TELEPHONE NUMBER: ! FAX:(5I ID) 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 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose ofThree ((33)2 Gallon OCT nk rr 1 dd 1 1 for Se 1 C..IiZ O �1s /L/S66 ]!s® g5c) VV Dollars Cents Demolish Mai ouse and Dispose fjDebn� 2 1 Ugh rrr� �� ra. � � ©� X50 D D for Dollars /g/ Cents p� 3 1 for 6pe 1�ouwry Rtor Property Fill �l[(f� oi� Q�U®S 1669 90 Dollars Cents TOTAL BASE BID Items(Add All Items) un rd ]q V-1ee h6111WreWdm1'r' Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE rte/ - f PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF i%SSCt L) ss.: On the 3o day of D in t e ear 2018 before me, the undersigned, personally appeared, (C Q{�1CVonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ate) subscribed to the within instrument and acknowledged to me that he/sheMwy executed the same in his/h=4teir capacity(ies), and that by his/ham signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. i l NO ARY PUBLIC CRISTINE DEANGELIS Notary No 01 DE5010375,New York Qualified in Nassau County commission Exl*es-tsar 4.201„� Proposal Package 9 of 9 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: r,$, lvaWe, F Qpevw (�aier ation rship orEntity FIRM NAME:S£ N 'Prove pt Tu-bbb)l KeM Wl� An Individual D:kC a� g � PRINCIPAL OFFICE: L�I� A�n 6-e�ort PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE �res�d�' ��.IJo����. CC(s� �,� �II�►' ��� �re��orf n1 1/��c� dun®f iron �xcavr ior� , r j mbbrsh ✓e-vnov'�4 1. How many years has your organization been in business under its present business name? � � � s 2. You normally perform what percent of the work with your own forces? /Pa% List trades that you organization normally performs below: C11 3. Have you ever failed to complete any work awarded to you?�b.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. y(o 6. List the major construction projects your organization has underway at this date: Name o£ Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion IVIA 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 Sty ATP-cttD W ST 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 Cgpaciiy 54(Voc�re r n?otu5o Ope V*K-0� All phq,-555 o 16Ut Ll.r • JT�-�Mo l H7 v) 'ice �a,l►�� e dna P� 11470 a 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? YID 10. Bank References: Mc(se, b9-�A,� �aA , �as� Mf>ad C)W 11. Trade Association Membership: N l4 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? � !o 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 IV ) COUNTY OF 10 L ) SaWA(e Q ncO s b Abeing dul worn dep°�,es di�,a s tMa the eS l l� of 5.M- kbIA0J b 1 G� ►" on`fr`a r 1 i answers to the foregoing questions and all statements therein contained are true and correct. 46&9A- )A CkA%X-L-d'�-- (Siinature of person who signed bid) rr�� 6er Sworn to before me this 30 day 0INID W201 Notary Public Commission Expiration Date: `lam CRISTINE DEANGEt_IS Notary No 01 DEate of 1M York Cualifed in Nassau,Counityy Commission Expires_Mar 14i, 01.,-_ QS-4 S cZ 9W (Prompt ftffish ftmova[Service, Inc. 228 WifferAvenue Freeport, WT 11520 (516) 223-2010 — fax (516) 223-6562 Re: Inc. Village of East Rockaway — Demolition of structure at 76 Waverly Ave., East Rockaway The following is a list of residential and commercial demolitions completed: Inc. Village of East Rockaway Dennis McCabe (516) 887-6310 November 2009 Demolition and removal of (2) Buildings located on John Street, East Rockaway, NY South Nassau Comm. Hospital Andy Triolo (516) 766-3880 January 2003 Demolition and removal (1) house at 2380 Oceanside Rd., Oceanside, NY July 2003-(thru: Bovis Land Lease LMB, Inc. Gerald Stern (212) 342-0961) Demolition and removal of (3) houses and garages: 2479 Oceanside Rd., 2485 Oceanside Rd., and 200 Oswald Court, Oceanside, NY September 2003--(thru: Bovis Land Lease LMB, Inc. Gerald Stern (212) 342-0950) Demolition and removal of (2) story building incl. foundation, slabs, masonry, etc. at South Nassau Communities Hospital — North Addition, Oceanside, NY September 2005 Demolition and removal of house, driveway, walkway, patio and deck at 1 Franklin St., East Rockaway, NY. January 2007 (Dennis McCabe (516) 887-6310) Demolition of shed and removal of debris at 109 Althouse Ave., East Rockaway, NY Triumph Actuation Systems, LLC Ken Geras (336) 766-9036 June 2013 Demolition and removal of (1) house at 3 South End Place, Freeport, NY Sterling Restoration Gary Sigman (516) 3740239 September 2013 Demolition and removal of (1) house at 220 Willow Pond Lane, Hewlett Harbor, NY S & M Rubbish (cont'd) Page 2 Terra Homes Construction Corp. Glenn Citarelli (516) 221-3818 , June 2013 Demolition and removal of (1) house at 2158 Waltoffer Ave., Bellmore, NY June 2014 Demolition and removal of (1) house at 716 Vernon Ave., North Bellmore, NY June 2014 Demolition and removal of (1) house at 1958 Decatur Ave., North Bellmore, NY September 2014 Demolition and removal of (1) house at 776 Sterling St., North Bellmore, NY NYC Dept. Environmental Protection Charlie Laing (845) 340-7218 October 2014 Demolition and removal of (9) barns located in various counties upstate, NY Terra Homes Construction Corp. Glenn Citarelli (516) 221-3818 March 2016_ Demolition and removal of (1) house at 1270 Park Ave., Merrick, NY Town of Southampton Adlin Y. Auffant (631) 702-1956 Dept. of Community Preservation October 2018 Demolition and removal of (1) two-story dwelling, deck, walkways, curbing, fencing and chicken coop located at 86 Old Riverhead Rd. Hampton Bays If any additional information is required please feel free to contact me on my cell (516) 458-9113. Sal Mancuso Jr. Vice President S & M Prompt Rubbish Removal Service, Inc. CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold,party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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), , 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 riefhoomrJ Vel° unjrto yll�*Dollars Written in ords 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 2018 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 2018 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.state.ny.us NEW�D� n "At"I � A Andrew M Cuomo,Governor ``'" d Roberta Reardon,Commissioner 9 vQ" �BNT O� Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled- Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us PW 200 PWAsk@labor.state.ny.us TOWN OF SOUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD fi.,o�SUF�Qt�D� BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS.AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 _ To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot#45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/612020. Fees: Total: $0.00 01N Buil in ector ZAPROVED AS NOTED DATE: B:P4 BY: lid�j NOTIFY BUILDING LDEPARTMENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE, NOT RESPONSIBLE FOR .DESIGN OR CONSTRUCTION ERRORS. COMPLY WITH ALL -,.1L)ES 0' NEW YORK STATE & TOWN COD AS REQUIRED AND CONDITIONS C A� 7' Ik �! Bo 711D L �E.11ill�.. 1 ., ••r r i Y P " u uN�' EES � > EG RETAIN STORM WATER P ER 236RUNOFF PURSUANT TO CHA OF THE TOWN CODE. I SOUTHOLD TOWN ENGINEERING proposm. SILLS RESIDENCE DEMOLITION PROJECT G R E E N P 0 R T Town of Southold Jams*A.Richter,RA 1000-45-5-3.2 s'•' coo AS NOTED i r" AUGUST 1,2017 MM" or uaura { t t 4 1• The Contractor shall receive►he lump sum price far ltie demolition and removal of ail strictures located an the property in the area Indlcatod on the site plan and the removal of all fresh and debris DEMOLITION PROJECT NOTES: generated in tho course of demolition actlAtles.All excavated areas shall be filled with clean granulated fill to natural grade and(S')Inches of toppsalI as per the PProject Specifications. The atoms to be demolished Include but are not 1Imited to the fotiowing -Removal and disposal of a two-story wood frame single family structure vdih partial basement. -Removal and disposal of en existing fuel all tank In the basement of the single family residence 2. All costs associated with mark-out,earltmdr,demolltl6n,fill,compaction,rdstoratfon,,wrUng -Removal and disposal of two exlsdng fuel oil tanks located behind the sfngio,tamlly residence teas,safety equipment,ati labor,materiels,equipment and Incidentals necessary to satisfactorily -All excavated Brass must be restored to grade with clean fill. complote a work according to the pians,specifications and/or as directed by the Engineer aeaweac r. -Removal and disposal of all miscellaneous and assorted debris In and around the residence. shall be Included In the price bid for this Itom. -Any and all other minor items that may become apparent during demolition but are not specifically Aa referenced above. 3. The Contractor must adhere to the conditions of PERMITS and Is responsible for all coordination -No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies. soaks and receives approval from the Engineer prior to performing the work. C.O.Application Flood Permit mined ,�p _ 'Single&Separate Truss Identification Form Storm-Wat6r Assessment Form Contact: )roved 20� Mail'to•' approved a/c ; ?hone �l 7('1J� )iration C V D - Bui g=ns ctor OCT 3 0 2018 'AP-PLICATION FOR-BU]- DING PERMIT BUILDING DEPT. - Date (� , 20 TOWN OF SOUTHOLD INSTRUCTIONS, a.This applidation MUST be completely filled-in by typewriter or in ink and submitted to the Building Inspector with 4 s of pla�is, accurate plot plan to scale.•Fee according to schedule. •b.`Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or ;as, ani waterways. c. The-work covered by this application.inay ridt be commenced-before issuance of Building Permit. d. Upon,approval of this application,the Building Inspector will issue a•Building Permit to-the applicant. Such a permit- al I ermit_all be kept op the-prernises-available-for-inspection throughbut the Work. e.No;building shall'be occupied or used iii whole or in part:for any purpose what so ever until the Building Inspector ;ues-a Certificate of.Occupancy. •f. Every.building permit shall-expire-if the,work.authorized.hasda#e:�If not commeneed within 12 months.after the date of ;uance or has not been completed within 18,rrionths from such= no'zoning•amendments or other regulations affecting the operty have been enacted in the interim,the Building Inspector•may authorize,1n-writ4,the extension of the permit for an Idi.tion-•six•n bnths.'Thereafter,,a new;p mmit shall be:wquiredk_ APPLICATION IS HEREBYMAP E to the,Biiildirig',D)�pairtmen.t for.the Issuanceof a Building Permit-pursuant to the _ .. uil'ding Zone Ordinance.of the Town of Southold,' uffalk County,New-Y ork-and.otlier.applimble Laws,,„Ordinances or egulations, for the construction of buildings,additions, or alterations or for removal of-demolition.as.herein-desciibed. The �pIicant agrees to comply with all applicable laws, ordinances,building code,houslhg-code, anclTegulations, and to-admit zthorized inspectors on premises and in building for necessary inspections, (Signature of applicant•or name, if a corporation) (Mailing address of applicant) tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder lame of owner`of premises (As on'the-tax roll•or.latest.deed) - f applicant is a corporation, signature of.duly authorized officer • (Marne and title of corporate officer) 3uilders License No. 'lumbers License No. _ Repair Removali.: ; ` DemolitiozzOther Work (Description) 4. Estimated Cost_ Fee N (To be paid on-filing this application) 5. If dwelling, number of-dwelling units . Number of dwelling units on each floor If garage,-number of cars- 6. If business, commercial or mixed occupancy, specify nature and-extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear _ __ Depth._ Height: :'Number of Stories Dimensions of same structure with alterations or additions: Front Rear.•. Depth _ _ Height Number oflgt' �,es\';'41 � 'De - l 8. Dimensions of entire new construction: Front Rear ` pth Height :Number-of Sferios 9. Size of 1`ot: Front _ _ _- • Rear -- -- _ _Depth 10. Date of Purchase Name of Former Owzier 11. Zone or use district in which premises are situated. . 12. Does proposed construction violate any zoning lave, ordinance or regulation? YES NO 13. Wili lot:be re-graded?'YES N0: I'Will,exdess fill'be..em6v d•from pre='Se's7 YES, NO 14. Names of Owner of premises Address Phone-No.' Name-of-Architect ___,;_ -_ Addi•eess'. 3 _ _' Phone'No Name of Cozitractoi: _ Addzess _ _PhoneoNo. 15 a. Is this propertywithin 100,feet of a-tidal wetland or a freshwater-•wetland?'*YES NO * IP YES; SOUT'HOLD,TOWN TRUST`EES•'&,D,EtC:PERI1%iI-T`S,MA:YY"BE REQUIRED:" ; b. Is this property within 300'feet of a tiddl•wetland-?'*-YES N0 * IF YES, D,E.C,-PERMITS MAY.BE REQUIRED: ; 16, Provide survey, to scale, with accurate foundationlplati and distances to'property lines. 17. If elevation at any point.on property.is at-1 0 feet-or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A-COPY'. STATE-OF NEW YQRK)�. SS: COUNTY OF bding duly sworn, deposes a%dl 4'&t�0`he applicant (Name of individual signing contract)Aove'named', i ' NotaryPublle,State of-Nemr York No.016U6185050 (S)He i5 the Qualified in Suffolk Count' (Contractor,Agent, Corporate Officer, etc.) of said owner,or owners, and is duly authorized to perform or have.performed the said work and to make and fide this application; +1,, „Il .,.,«,4-:-A - +1,:� ";­,1­4-, -A DIVISION 1 -GENERAL REOUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities&Temporary Controls 01501 Health& Safety Provisions DIVISION 1 -Page 1 of 13 DIVISION 1 -GENERAL,REQUIREMENTS SECTION 01010 -GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general,the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and, the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION I -GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six(6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent,who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 DIVISION 1 -GENERAL REOUIREMENTS accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. A. The Oyqaer's En&eff A411 establish one(1)beneh mark and leeation ef the work lines as r-efer-enee p a ints f r-the Cei4f e+„r B. The r-efuertee points shall be maintained by the Cen4aeton AN other required , G. Re establishmepA of the r-efer-enee points by fiie En&eer for-the Gentfaeter-shall be d at the Gon#aeter-'s expense. D. The Cen#aeter- shall veFify all gr-ades, lines, levels and dimensions as shevga a uauvvu , o any 0 Genlfaeter-at his eoq3ense-. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York,the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five(5)years. On request,bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 13 DIVISION 1 -GENERAL REOUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be,discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made,in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M.,A.W.P.A.,A.S.A.,N.E.C.,I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications,bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean,neat and workmanlike condition satisfactory to the Engineer. follewing guafantees in addition to those speeifleally requked in the general Conditions and in the various teehpAeal seefiem. respeefive eentr +to b new and of gooa 7't t a t remain so � DIVISION 1 -Page 5 of 13 DIVISION 1 -GENERAL REQUIREMENTS C. Ct,,,,,1a any defeets de-yelep-in the aferesaid , ofk .,>:dii the sfipWated pe ods due +„ work, inekiding the Bost of .,-,.,kiRg geed all othef • •,k damaged by or- expense te the > and a the etAife eest and expmse of the Gon#aetor-, vAthin five (5) days after- netiee to the Gentfaaar, The evvfter- Fnay have the work dene aftd ehafg&4he such weik if the Gentwtor-fails to respend as r-equked. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010-GENERAL DIVISION I -Page 6 of 13 DIVISION 1 -GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor,materials,tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the 'estimated quantities. PAYMENT ITEMS(BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM 1 —REMOVE AND DISPOSE OF THREE (3)275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All 'DIVISION 1 -Page 7 of 13 DIVISION 1 -GENERAL REOUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3—RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 -GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities—Electricity, lighting, heat, v en latio , telephone se e (ifie ,,ifig fax maebii�,water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPOP.4RV ELECTRICITY The Eleetrieal Centraetor-shall be responsible for-pfeviding and paying for-the teMPOMEY el power-for-eenstzwfien te an established pei4 pr-e*k1late to the eens4uefioa area. The tempe shaU be responsible for-pfeviding tempefafy eleetrie'pewef to all trades, for-the i k-q:.R- P-1 f tffi�OR TEMPORARY WATER SERVICE f e l;tivs tiro pr-eteefi .,, and for elow,,;,,.. B. Potable water shall be furnished for construction personnel by portable containers. G. Water seriiee shall be pr-e4ee4ed fr-em fieezing, and the seniee-sIi 11 1. +ende d usr-v�c�zccrla�rccixa ge—fer—anieEessucy=-grip@vavrrs--ccncc ems. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 9 of 13 DIVISION 1 -GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death,personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents,the Contractor shall promptly report the facts in writing to the Engineer,giving full details of the claim. NATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION 1 -GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants,free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 DIVISION 1 -GENERAL REOUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 -GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S.Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel,persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities,personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2-SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS-DIVISION 02000-SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222-Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2-SITE WORK SECTION 02050—SITE DEMOLITION&REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood,metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 -2 of 8 DIVISION 2-SITE WORK SECTION 02200-SITE PREPARATION WORK INCLUDED The Contractor shall fizrnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including,but not limited to the following: A. Environmental protection and silt QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2-SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The fmal cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off DIVISION 2 -4 of 8 DIVISION 2- SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2-SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item,the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2 - SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than.2" in greatest diameter. The organic content shall not be less than 5% nor, more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passiniz 1" Screen 100 I/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 - SITE WORK The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL DIVISION 2 - 8 of 8 ;0-i 4, 4A AAg a- 2i, st, if A 11 1 LL Na i T! T c . 7Y Al 4 M5, IV TI IYIr 4 A. 14. 15" 1.6 All STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 NYS Department of State CONTRACT NUMBER: C1000970 One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ❑X Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: © New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road X❑ Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: ❑X Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 ❑X Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract; Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: 0 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: 0 Attachment A: 0 A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants 0 Attachment B: 0 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) 0 Attachment C: Work Plan 0 Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: 9C 1000970 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 Southold,NY 11971 99 Washington Avenue—Suite 1010 Albany,NY 12231 By: By: �•c :5", LuAnn I. Hart Printed Name Printed Name Title: Slpen/is' oy- Director of Financial Administration Title: Date: ��,�_)g Date: �12,qjg STATE OF NEW YORK COUNTY OF S " '—(�� t) On the s day of (' L , -)-0 l , before me personally appeared 't' ,to me known,who being by me duly sworn, did depose and say that(e he resides at layt fhg he/she is the t N-A R. lJY of the r7 I J ,the contractor described herein which executed the foregoing instrum t; and tha he he signed aer name thereto as authorized by the contractor name on the face page of this Master Contract. MICHELLE L. TOMASZEWSKI WNOTARY PUBLIC-STATE OF NEW YORK (Notary) No. 01T06156671 Qualified In Suffolk County My commission ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE By: By: r D Amari l GENS ;1 YS DEPT gdj"MOL N + Title: 201 Title: JUL 2 7 2010 - JU- Date: ?;;YL'o Date: L�ecri��`c�i�° FOR TfiE STA`f�0®MPfiROLLER Contract Number: #C1000970 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:#C1000970 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: B , 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 I.B 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:#C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-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:# C1000970 Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen(15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may, be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all.of its common law, equitable, and statutory rights of . set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages fok any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. , N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under . Contract Number:# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The teen "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 amepdments (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:# C1000970 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 Attachmetit 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:# C1000970 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:# C1000970 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:# C1000970 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 11-A of the State Finance Law to the extent required by law. 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 11-B of the State Finance Law. Contract Number:# C1000970 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:# C1000970 " 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:' 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 rogress 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:# C1000970 Page 11 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: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:# C1000970 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 in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# C1000970 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:# C1000970 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: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements,the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. - 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 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 1II. 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:# C1000970 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:# C1000970 Page 17 of 25,Master Contract for Grants-Standard Terms and Conditions g) No member, officer, director or employee of the Contragtor 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 fogs, 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:ff C1000970 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:# C1000970 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: 1. Publicity includes, but is not limited to: news conferences; news releases; public announcements; advertising; brochures; reports; discussions or presentation's at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released' without prior written approval from the State. 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded in whole or in part through any activity supported under the Master Contract may not,be published, presented or announced without prior approval of the State. Any such publication,presentation or announcement shall: a) Acknowledge the support of the State of New York and, if funded with Federal funds,the applicable Federal funding agency; and b) State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. 3. Notwithstanding the above, the Contractor may submit for publication, scholarly or academic publications that derive from activity under the Master Contract (but are not deliverable under the Master Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher in.order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section V(G)(2) (Publicity) hereof. H. Web-Based Applications-Accessibility: Any web-based intranet and Internet information and, applications development, or programming delivered pursuant to the Master Contract or procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08- 005, Accessibility of Web-Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web-based intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance testing. Such quality assurance testing shall be conducted by the State Agency and the results of such testing must be satisfactory to the State Agency before web content shall be considered a qualified deliverable under the Master Contract or procurement. Contract Number:# C1000970 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:# C1000970 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 ta: (i) work, goods or services unrelated to the Master Contract; or(ii) employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 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 (Ul) 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:# C1000970 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:# C1000970 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 (ora 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. Not applicable to not-for-profit entities. Contract Number:# C1000970 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all_property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the Department,'unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards,"as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement, the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined, by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department.- 3. epartment:3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. 6. Any funds paid to the Contractor by the Department which-are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam. og_v/portaUpublic/SAM); or (3) fails to possess requisite workers compensation and disability insurance coverage (see http://www.ALb.ny.gov). In addition, Contractor agrees that it shall immediately suspend or terminate any subcontract entered into for the performance of work in furtherance of this Contract if at any time during the term of such subcontract the subcontractor: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (list available at: hqs://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.B.2 of the Standard Terms and Conditions, the Department reserves the right to require, upon notice to the Contractor, that, commencing from the date of such notice or a date otherwise specified in such notice, Contractor must obtain written approval from the Department prior to entering into any and all subcontracts valued at or below $100,000 for the performance of any activities covered by, this Contract (as provided for in Attachment Q. Contractor agrees to require any proposed subcontractors to timely provide to the Department such information as may be requested by the Department as necessary to assess whether the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing the work. In the event the Department invokes this right of prior approval and a request for approval Contract Number: #C1000970 Page 3 of 20,Attachment A-i —Program Specific Terms and Conditions is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE requirements as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor, and construction contracts involving not more than $35,000 and purchase contracts involving not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is, required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at hLtp://osc.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at httis://_portal.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 helpdeskQosc.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 1000970 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: opdcontractsgdos.nygov Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell@town.southold.ny.us L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 144, incorporated herein by reference): 1. If Contractor is a "covered provider" within the meaning of 19 NYCRR § 144.3(d) at any time during the life of this Agreement, then during the period when Contractor is such a "covered provider": a. Contractor shall comply with the'requirements set forth in 19 NYCRR Part 144, as amended; and b. Contractor's failure to comply with any applicable requirement of 19 NYCRR Part 144, as amended, including but not limited to the restrictions on allowable administrative expenses, the limits on executive compensation, and the reporting requirements, may be deemed a material breach of this Agreement and constitute a sufficient basis for, in the discretion of the Department, termination for cause, suspension for cause, or the reduction of funding provided pursuant to this Agreement. 2. Contractor shall include the following provision in any agreement with a subcontractor or agent receiving State funds or State-authorized payments from the Contractor to provide program or administrative services under this Agreement: [Name of subcontractor/agent] acknowledges that, pursuant to this Agreement, it is receiving "State funds" or "State-authorized payments" originating with, passed through, or approved by the New York State Department of State in order to provide program or administrative services on behalf of[Name of CONTRACTOR]. If at any time during the life of this Agreement[Name of subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS regulations, [Name of subcontractor/agent]shall comply with the terms of 19 NYCRR Part 144, as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a material breach of this Agreement constituting a sufficient basis for suspension or termination for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference. M. Minority and Women Owned Business Participation Article 15-A of the New York State Executive Law, as amended, authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE)Program as mandated by Article 15-A. Contract Number: #C 1000970 Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the "Contractor" and the "Contract,"respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean.those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York State Certified MWBEs found at the following internet address: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget",based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:HLi .nom ewnycontracts.com/FrontEnd/VendorSearchPublip.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: #C 1000970 Page 7 of 20,Attachment A-1 —Program Specific Terms and Conditions with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the broker's contract. FOR CONSTRUCTION CONTRACTS—The portion of a contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. Such documentation shall include, but not necessarily be limited to: 1) Evidence of outreach to MWBEs; 2) Any responses by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity ("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract, the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas.of recruitment, employment,job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-1.—Program Specific"Perms 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 E - Staffing Plan If the total expenditure of this contract is in excess of$250,000,the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall, comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20,Attachment A-1 —Program Specific Terms and Conditions Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the Department of State through the New York State Contract System ("NYSCS"), which can be viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Department of State, either prior to, or at the time of, the execution of the contract. b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency shall be entitled to any remedy provided herein, including but not limited to, a finding that the Contractor is non-responsive. 5. Waivers a.' If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non- electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request must be supported by evidence of the Contractor's good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency shall evaluate the request and issue a•written notice of approval or denial within twenty (20) business days of receipt. b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE Contractor Compliance Reports described in Section 6, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. Quarterly MWBE Contractor Compliance Report. The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F) to the Agency by the lou' day following each end of quarter over the term of the Contract documenting the progress made towards achievement of the MWBE goals of the Contract. The Agency may require the Contractor to use the NYSCS to submit utilization plans, record payments to subcontractors and otherwise report compliance with the provisions of Article 15-A of Contract Number: #C 1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at https://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/FrontEnd/VendorSearchPublic.asp. The Department'makes no representation with respect to the availability or capability of any business listed in the Directory. 7. Liquidated Damages - MWBE Participation a. Where the Agency determines that the Contractor is not in compliance with the requirements of the Contract and the Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Agency liquidated damages. b. Such liquidated damages shall be calculated as an amount equaling the difference between: 1) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. c. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Agency, the Contractor shall pay such liquidated damages to the Agency within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women's Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. N. Service-Disabled Veteran-Owned Businesses Participation Article 17-B of the Executive Law, enacted in 2014, authorized the creation of the Division of Service- Disabled Veterans' Business Development to promote participation of Service-Disabled Veteran-Owned Businesses (SDVOBs) in New York State contracting. The Service-Disabled Veteran-Owned Business Act recognizes the veterans' service to and sacrifice for our nation, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses, and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect,the Department of State (DOS) has implemented a Veteran-Owned Businesses (SDVOB) Program,as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages grantees to make every effort, to the maximum extent possible,to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained,a quarterly SDVOB utilization report should be Contract Number: #C1000970 Page I I 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.gov/Veterans/. 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: VeteransDevelopmentna,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.ny.govNeterans/Docs/CertifiedNYS SDVOB.pdf. Contract Number: #C 1000970 Page 12 of 20,Attachment A-1 —Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) 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 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months,each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project., 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-I —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects 1. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this-Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. 2. The State shall make periodic inspections of the project both during its implementation and after its completion to ensure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. 3. The Contractor shall be responsible for ensuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to-a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. C. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents,reports, and maps the following: "This (document, report, map, etc.) was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self Insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-I —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess, policies). Where Contractor is self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 O1, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse& underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and, acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased,hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1,000,000. E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color,national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system,this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. 3. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: 1. The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the 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 required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as 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 1150 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems--All map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless'otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication--No duplication of points that occur within a data string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon CIosure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an'actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth(.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media--All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department,where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C 1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract Number: #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1 —EXPENDITURE BASED BUDGET A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A. SALARIES(including fringe benefits) Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL--- ---- ------- -— --�- — -- --- --—— SUBTOTAL $0.00 C. SUPPLIES Pedestrian bridge.............................................................................................$29,178.00 Lumber and associated hardware for boardwalks, observation blinds, kiosks,timber guard rails.............................................................................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools..........................................................$705.00 Crushed bluestone for parking areas........................................................................$5,000.00 Trailmarkers......................................................................................................$225.00 SUBTOTAL $51,158.00 D.EQUIPMENT ----—---—------ --__---- — ---—---------------- -- - Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SE_R_VICES Testing of septic system and asbestos._............................................................... ....$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain.. ................................ ...... ...........$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25, PO Box 1792 Southold,NY 11971 EIN# 13 63 7913 5 SUBTOTAL $144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading, mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 ATTACHMENT C-WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including a newly acquired open space parcel.Dilapidated structures and septic systems will be removed and the area restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage. Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport, and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound,restore habitat, remove invasive species, and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks, observation blinds,new and restored parking areas,restoration of the Sill House site,daylighting and habitat restoration at Moore's Drain,educational kiosks, a new footbridge,maps of the expanded trail system(kiosk and online), implementation of citizen science research and programs, and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed,and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc) was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product. In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products:two paper copies of each product. In addition,all final products(including reports, designs, maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format-PDF (created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name,the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS,format, or similar,product acceptable to the Department,and comply with the requirements for Contract GIS Products.. • Electronic data for all designs,drawings, and plans must be submitted in the original software that they were created(such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. • Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners,and any other appropriate entities shall hold an initial meeting to review the project scope,project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements, MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project,and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor, or a designated project partner, shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a-project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The-committee shall be representative of project stakeholders including representatives of State, county, and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals(RFP) for each of the four(4) services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results,a schedule for completion,MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in local papers,the New York State Contract Reporter,and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget; and, • Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is required. The municipal attorney,chief legal officer, or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s)shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion,a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments.on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4) draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners,as appropriate,to review project requirements,site conditions,and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications, and cost estimates for all construction components, including trails, boardwalks, observation blinds, and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer, architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal,state, and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary.' Task 9: Environmental Quality Review The Contractor or its consultant(s)shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement. Task l0: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state, and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s)shall submit all applications to the Department for review and,comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks,Recreation, and Historic Preservation or the State Historic Preservation Officer; and, • agencies of Suffolk County, Southold Town, Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees; planning commissions,boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use,and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed.Final ownership of the 1 acre property was granted after the death of the owner in 2015.Under these circumstances,a new deed is not issued,but instead a statement of death.The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement,filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction,the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken. To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds,and parking areas within the Project Area After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin construction work according to,the final design and construction documents. The Contractor or its subcontractor(s) shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming, deadfall removal,and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test&Remediate Contamination, Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system,and subsequent demolition of Sill house:Restoration to a natural state including seeding with native grasses. Products: Site testing,remediation,and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition.Install premade aluminum footbridge.Reconstruct existing parking area and installation of two(2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during,and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include: clean-up of unregulated garbage dumping sites in the Silver Lake area,mapping of invasive species, mapping of trails, flora and fauna surveys, monitoring of clean-up process, organization of volunteer clean up days, invasive species removal, and planting of native species. The Apple iPad will be used by staff and volunteers in concert with a Town developed 'App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters) and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced; subcontractors needed(printer, graphic artist); number of items to be printed or signs constructed;distribution method (utility bills, schools); or location of signs or kiosks; and,evaluative methods and materials(coupons, surveys). For designing and developing a curriculum and text for printed materials,subjects to be covered include: the target population; overall theme;goals and objectives; subject areas to be covered;method of presentation(classroom/laboratory sessions vs. field work/laboratory sessions); potential vehicles for presenting information (printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.); equipment purchases which may be necessary; and, existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s) shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the,Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the concepts for visual materials and text,the Contractor or its consultant(s) shall compile a graphics package including text, color selections, maps,photographs,and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the Department,the project advisory committee,and other project partners as appropriate, the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package, and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee,the Contractor or its consultant(s) shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s) shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education,outreach,and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed,fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area.A copy of maps, surveys, and public outreach materials created; photos of events, clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes,tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products: Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part 1,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.newgycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms in accordance with Section M, Paragraph 6,of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s) shall submit project status reports semi-annually (every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks, and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant, execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers, and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed,constructed, and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract#as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee,or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design, site plan,and preconstruction documents. Department approval must be obtained before construction may begin. " ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language (if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$00 (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 00/0 of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C 1000970 Page 1 of 4,Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement - Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than_days from the end,of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ 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. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report (CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report,and a final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: #C1000970 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 III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 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: #C1000970 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: #C1000970 Page 4 of 4,Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total workforce Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of employees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE. EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract Where-the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors' total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s)for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ Evaluattonu�Crteria vi TECHNICALTROPOSAL- - Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. _RELEVANT Experience with similar projects.' IMPLEMENTATION SCHEDULE Ability to complete the project within the required time frame months). ""COSTIPROPOSAL, Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation -4 Additional Comments: Reviewer: Date: Ratings: 5-Outstanding,4-Very Good,3-Good,2 Fair, I-Poor FOZ,�c SCOTT A. RUSSELL �� o�� JAMES A. RICHTER, R.A. SUPERVISOR C MICHAEL M. COLLINS, P.E. w �+ TOWN HALL - 53095 MAIN ROAD o ' TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765-1560 ®�° Fax (631)-765-9015 MICHAEL COLLINSaTOWN SOUTHOLD NY US ®� _ JAMIE RICHTER@TOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. Town of Southold "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2015 REMINDER NOTE! ! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder ,after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST -Your response to our above referenced bid will be considered unresponsive and will be rejected if the fol wing 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 9 VENDOR NAME: VENDOR_ INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: ��� '�r�0S—oZJ 1 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST P CIPAL STOCKH DERS: (5% of outstanding shares) - / 1601 LIST OFFICERS AND DIRECTORS: NAME TITLE mmmmam0n0m0m000a0mmmK2000m0mmmmm00W01 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: �� /�/ J • f �� ADDRESS: CONTACT: �lC TELEPHONE:� ���02 7-' �G O FAX: 7V 7' C)S_77 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 9 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 ISQ Y `R. AUTHORIZED SIGNATUK9 , Proposal_Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to A preparation, approval or submission of my firm's bid on this project and have been a i d by each of them that he or she has not participated in any comm ication, consul ti , discussion, agreement, collusion, act or other conduct inconsistent wit of the state n and representations made in this affidavit. The ignin id d the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS S re Company Posi ' n Aoer '3c) OF 20 Type Name&Company Position Company Name N TARY PUBLIC `l_ ©o �� THERESA PSALTIS DANGELMAIER - Date Signed Notary Pt(blie,State of Nevi York: No.010A4968918. !l ,�0 S'2J Otialified in Suffolk County Federal I.D Number t ionmission Expires July 30;20�_ Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: K .............. No � VENDOR ADDRESS: �n U ele. ielao , TELEPHONE NUMBER: if 31'- ;7d'1'7 SZ)0 FAX: 6�/'P 7 J Of 1-17 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 9 AUTHORIZED SIGNATURE PRINT NAME TITLEST;�// i� DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF �� �` ) ss.: On the �0 ay of 1t (V�ZeeZ- in the year 2018 before me, the undersigned, personally appeared, p�P�T ,Gl �,JG , 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. > r NOTARY PUBLIC THERESA PSALTIS DAI4GELIOAIER Nctary Nblic,State of Nero York N'q:OIDA4968918,. Qualified in Suffolk Copfy �.:oi emission Expires hely"30.7.0-� Proposal Package 9 of 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 for /)© /LS BQ00 Dollars Cents 2 1 �p �s�/� Derr}gllso Main use 0Dispose of Debris -g for /�dti t / �io '4)"W��,�+ I A)-a /LS Dollars Cents 3 1 Restore Property with Fill and 6"of Topsoil i, f vcD ° 000 for ` //mo-O� r_"'J�"`° �d /LS 6 sj�� Dollars Cents TOTAL BASE BID Items(Add All Items) ix) 1P 0/( Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire cert ies under oath the truth and correctness of all statements and of all answers to int ogatories r ' after made. SUBMITTED BY: � A Corporation A Partnership or Entity FIRM NAME: C An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE P, C��'� � 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? d—L" % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you?A/®.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. ZOO 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 3294-S(4/12) .� NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE ATTACHMENT A—COMPLETED CONSTRUCTION CONTRACTS Vendor Name: NYS Vendor 1D: Question 3.0: List the ten most recent construction contracts the Business Entity has completed. If less than ten,include most recent subcontracts on projects up to that number: h• Agency/Owner �y�® � �j4 �C,� Award Date Am unt Date Completed v / 7 ��� -:?W7 Contac Person Telephone No. Desig r Architec n /or Des' n Engineer v, L e� ell- y/77 � o � 6 � Conti-act No. Pri r Su Joint Venture(JV)Name,if applicable tb 0(0 49 �� EIN of JV,if applicable '1• Agency/Owner JJ Award Date Amount Date Completed / ✓T�1 ��"1 �%5�72�% CO3�7-/L 7 S'-J t' Z-O/' 4B crJD� j� �oG Cont"t P rso Telephone No. Designer Architec and/or Design Engineer 61 Contract No. Prime ub Joint Venture(JV)Name,if applicable EIN of JV,if applicable S• Agency/Ow ,� / Ayvaid Date Amount Date Completed AO L�� �� Qx4640 Ate' � Contac Person Telephone No, Designer Ar hitect and/or Design Engineer Oplw Contract No. 4ime r Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable 9• Agency/Owner tarlate Amount Date Completed 7T zoo Contact PersonD�P Telephone No. Dei ner Architect ct and/o1•Design Engineer C 4/ Contract No. rime Sub Joint Venture(JV)Name,if applicable EIN of JV, if applicable 10. Agency/Owner n :::[A�walr�d Date Amount Date Completed ZDI� �', Contact Person Tele hone No. Designer Architect and/or Design Engineer �',Z o)v;') g, V�6 -706 S'_ ®�iJ Contract No. rim or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable Page 2 of 2 �C 3294-5(4/12) NEW YORK STATE VENDOR RESPONSIBILITY QU ESTIONNAIRE4 ATTACHMENT A—COMPLETED CONS'T'RUCTION CONTRACTS Vendor Name: NYS Vendor ID: ��®�©o �'��� Question 3.0: List the ten most recent construction contracts the Business Entity has completed. if less than ten,ia�clude most recent subcontracts on projects up to'that number: 1• Agenc O nor _ � ;� �• Award D�a�te �Amount Date Completed 77 10fe Con Person 03� 1f &:�/ Telephone No. Designer Architect and/or Design Engineer Contract No. '•. 2. Agency/ me i•Sub Joint Venture(JV)Name, if applicable EIN of JV,if applicable w r _ t�W A Award Date mount Date Completed Co tact Pers n /�-22-16-, I3 �) ��044 6�5 Telephone No. Designer Architec and/or Design En Conti t Prime or Sub Joint Venture(JV)Nae, if applicable s�0� m - EIN of JV,if applicable 3. Agency/Owner �r li� C P ®� ��-eP,r� pJ2� Award Date A ount `�� � Date Completed on C ntact Pers �� 31 ac �IF / Telephone No, DeSIL ner Architect and/or Design Engineer 477— OZ4-le Contract No. 'rime •Sub Joint Venture(JV)Name, if applicable 57v — O�—ax-, EIN of JV,if applicable 4• Agen y/Owner 1-11 � - Award Date Amount Date Completed Contact Person rm26 7/�L /4* /7 C'�?,e,e�1 Telephone No, Desigi�,e} ArchitIfect and/o); Zle7- ®,�7r' f� D, ign ngineer � (�•a✓/• Contract No. Prime r Sub Joint Venture(JV)Name,if applicable 16,01 EIN of JV,if applicable 5. Agency/Owner NY's � Z)oil— SA.,( 440 4Aw�a.rdA ate Amount Date Completed Co act Person &P !7 O Oa0 DOC -U/ `T �, ��� PIJ^ Telephone No, Designer Architect and/or Design Engineer Tao _ 6 023 Contract No. Prime o ub Joint Venture(JV)Name,if applicable '����� � EIN of JV,if applicable Page 1 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 7 aa d� 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? yPs 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. 0A 161410,.,4 STATE OF Azo ) COUNTY OF J being July sw rn deposes and says that he is the of X15 contractor and that answers foregoing questio s a d all statements therein contained are true and correct. NMA(Ure of person who signed bid) Sworn to before me this 30- day of/���018 Notary Public p Commission Ex iration Date: THERESA PSALTIS DA14GELMAIER IJotary P(!blic,State o{Devi Pori: No.OIDP.4968918 0iialified in Sui'iolk C06111(y Commission Expires July 30. QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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=for ee Benn, 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 2018 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 2018 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 . 17 TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK AL . r Nence,-- Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 November 8, 2018 (631) 765-1560 4' SCOTT A. RUSSELL o� JAMES A. RICHTER, R.A. SUPERVISOR . MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD ' TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765-1560 / QFax (631)-765-9015 MICHAEL COLLINSna TOWN SOUTHOLD NY US _ JAMIE RICHTEMTOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08, 2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. GENERAL CONDITIONS G 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, PeFfbfmanee , 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 r 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 - I STANDARD INSURANCE REQUIREMENTS -Pf,.SOUTHOLD'1S­ NALINSUREW "THET, LI$TEO,ASAWITIO CERTIFICATE LISTED-AS: .- TOWN OF' 'S'O' UTHOLD 'IN ROAD 5,3095,MA S_JOUTTHOLDS NY 1, 19711 - 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 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 J. 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 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF'SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth-in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (0 Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 1 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town,Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to=Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SEC-UPJTY FOR FAITIMUL PERFORMANCE AND AWNTENANC-E The sueeessful bidder sM1 be required to eEeGute a Perfennanee Bond equal 4e one kmdred 001%) of the arnount bid-, sueh bonds to be emeeuted by a New York lieeD ed insurane va•uaava vr..a va-J vvail. ay vv ua an A rating or better from A.M. Best & Ge. and aeeeptable to --- , Ovffler or bonds scoured by 7 , or seesurities approved by the Oyffier. The Perfermanee Bond b, it b. ++ + f, 11 .l f + + bond d —___" ___�_ –_ .._______..... _... .... ._...»... .-..�..... �...��- .,,...,, �u..,�.,r...s ....ua..aa.��ur.u.�� vvuu a.va u��•alvu of not lass than one (1)year-aft +b, date f f l + of the 1 __________ '__'_ –__� \�� .,.�.,�. .,..� �....� .a i..........��-vl.�a.uaw vl uar_ r♦vaa�. The sueeessful upon failure to exeeute and deli�ver-the bonds required vAtlin ten(10) days 7 award,after the date of notiee of sha4l fe�it t6 the 7 as liquidated damages for sueh failu ee or refusal,the seeurity deposited with his bid, and he v�xill be liable fer and he agrees to pay to the shall subsequently be r-e let ineluding the eest of sueh r-e le#ing less the araetmt of such depe. No plea f wAstake in .rel+ aao.6pted bid l,all b e available + +1, bidder ff TIi.CT1Z7li—L.Gf N.iauyii��I'Q'CCC+Z�VfL'OGeZ Gi��1�J deposit or- as a defense to aRy aetion upon meepted bid upiless said mistake ean be proven by uVVNa11V..tu1' VYarAV11VV kV VVtJlG1.lJ1V to G11V iVATr After approval of the bonds and e%eeution of the Gentraet and after ten (10) pereent of the wefl-E 1, b. 1 + rl +b, bid +. +b, b.',l will b, t rl "---- ----__ ---'..t.,.�---..-, ..� ........,��.,.....J ...��r...a..ra.uaJ sub ua�• vau yr ua vv 1�.,�ul uvu: IB -4 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and beads 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. S. 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 rej ected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November 29th,2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2.FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business,in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid,made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained and approval of-the Per-fefmanee Bond duntil the completion of ten percent(10%) of the work under the Contract. IB -2 INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form, Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of Southold Demolition Permit One (1) Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C1000970 Form B —Staffing Plan Proposal Review Sheet TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 i PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00"on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. a 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 Hi lg lway 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. Aeeeptanee of the eentraeter's pfffemianee bond in lieu of the Gen#aetors read opening bond shal be at the option of the Highway DepaFtMeRt. 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 pennitted 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 7.1A. 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 famished 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 OFFW–" TOILET. The r,, +,..,,.t,,,. Shall provide ., effl,.o tr-a ler- or-, table,deskandehair proceed inside.—The Contractor shall provide and maintain -a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected,filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the`order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed asrapidly 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 of 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 S 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 othenthan Workmen's Compensation- Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional pr- i the peifermanee bond of the Centraete and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and,of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement; the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 — Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of-the public enemy, fires,floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full,responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must.stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT CT S C-L4 TTV i equal to onehundred per-eent 0 ) of the ameunt of the bid as seeuFity for-the fidthful peifermanee e CopAr-aa, and fer- the payment of all per-sons peifefming labor or furnishing material eenneetion Yvith this Gentraet. The Peffafmanee Bend shall be vaitten so as to remain in M fer-ee and eff��as a maintenanee bend fi3r-a period of net less than ene (1)year-after-the date e uvvvrtuaiva..vi�ai CC -4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond: if at any time the Ovvner- shall be or-beeeme dissatisfied with any sufety or sufeties, of if for- any other-reason sueh bond shall eease to be adequate seeur-i" the Ovffier-, the Gofftfaetef shall within fwe (5) days after notiee from the Ovffier- to de so, substitate an aeeeptable bond in sueh form and sum and signed by sueh other- stffeA�, as may - , satisfactory to the OAmen The sueh bonds sha4l be made until the new sur-ety shali hffye been qualified.- 11. alif e11. 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 fmding 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's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Pow ane lid 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for final payment. ,Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work,.the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC -9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies,materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property -from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, .lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant,materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 VI CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to -his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request,the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed,but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be,by the Contractor,at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects,which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performanee Bend-. 29. WEATHER CONDITIONS In the event,of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner,be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b)To protect the Owner from loss'due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to,apply such amounts so withheld in such manner-as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a)The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified(or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven(7) days' notice to the Contractor,terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event,the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be CC - 14 CONDITIONS OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer,notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To`store his apparatus,materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b)To frequently clean up all refuse,rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c)Before final payment hereunder to remove all surplus material,temporary structures,plants of any description and debris of every nature resulting from his operations. 35. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any parry 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 parry 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 parry 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 "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE December 3, BID OPENS: Nove _=2119, 2018 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ 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. ' Qualification Bidders Q lification Statement. ❑ NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: Carter-Melence, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2996299 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: October 18, 1989 IF APPLICABLE: DATE FILED: October 18, 1989 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Cartl r -Melence, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Donald J. O'Hanlon, President I I LIST OFFICERS AND DIRECTORS: NAME TITLE Donald J. O'Hanlon President Patrick E. O'Hanlon Vice President Carmel O'Hanlon f Secretary I If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Carter-Me Fence, Inc. ADDRESS: P.O. Box 9,07 Sound Beach, NY 11789 CONTACT: Donald J. O'Hanlon TELEPHONE: (631) 744 0127 FAX: (631) 744-0528 E-MAIL: 4cmi@opto4line.net ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: I FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: I TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Carter-Melence, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted unde� an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: n/a 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 y 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 O Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQU IFY BIDDER. AUTHOkIZEIb SIGNATURE Donald J. O'Hanlon, President Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm-or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. Thson si ning this bids de the penalties of perjury, affirms the truth thereof. C _J SWORN TO BEFORE ME THIS Signat e&Company Position Dec. Donald J. 0'Hanlon, President 3rd.--, DAY OF 20 18 Type Name&Company Position Carter—Melence, Inc. Company Name N �/PUpIAN �[�a �.�e x.ou� December 3, 2018 rv©tary cS'LQ$o o!P301",Yortt f llo.,.070717 Date Signed- Cc"syj ' nd`d1o� 11-2996299 Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDORNAME: Carter-Melence, Inc. VENDOR ADDRESS: P.O. Box 907 Sound Beach, NY 11789 TELEPHONE NUMBER: (631) 744-0127 FAX: (613) 744=0527 '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 1 11/08/18 Proposal Package 7 of 9 v Carter_Melence, Inc. Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 for Six Thousand Six Hundred /LS 61";,600 00 6,600 00 Dollars & No Cents Demolish Main House and Dispose of Debris 2 1 for Ninety Two Thousand Seven Hundred Sixty ILS 92,760 00 92,760 00 Dollars & No Cents Restore Property with Fill and 6"of Topsoil 3 1 for Six Thousand /LS 6,000 00 6,000 00 Dollars p, No Cents TOTAL BASE BID Items(Add All Items) One Hundred Five Thousand Three Hundred Sixty Dollars & No Cents $105,360.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 { AUTHORIZED SIGNATURE s a —A O�LL PRINT NAME Donald J. O'Hanlon TITLE President DATE December 3, 2018 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.: On the 3rd day of Dec. in the year 2018 before me, the undersigned, personally appeared, Donald J. O'Hanlon , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(,$) 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(ie), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals-) acted, executed the instrument. ly,4,a d=414 NOTAM PUBLI 7- Mar hlemyy Cao. S ;I Proposal Package 9 of 9 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: Donald J. O'Hanlon A Corporation A�rtner ���l;n FIRM NAME: Carter-Melence, Inc. PRINCIPAL OFFICE:104 New York Ave.,'P.O. Box 907 Sound Beach,NY 11789 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Donald J. O'Hanfon Miller Place,NY Construction Vice President Patrick E. O'Hanlon Sound Beach,NY Construction Secretary Carmel O'Hanlon Sound Beach,NY Administration 1. How many years has your organization been in-business under its present business name? 29 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: Carpentry, Electrical, HVAC, Laborer,Painting 3. Have you ever failed to complete any work awarded to you? No .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 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 New Ferry Terminal,Plumbing $554,000.00 92% 01/19 (631)583-5940 Village of Ocean Beach (631)286-8668 L.K.McLean Associates,P.C. New Storage Garage&Site Work $1,291,886.00 89% 04/19 (631)765-3385 Southold Fire District (631)727-5352 Martin F. Sendlewski,Architect,P.C. Correctional Fac. Storage Buildings,Plumbing $198,783.00 85% 02/19 (631)852-4239 Suffolk County DPW (631)286-8668 L.K.McLean Associates,P.C. Andrew Muller Primary 2 Classroom Addition $1,009,000.00 65% , 03/19 (631)474-2700 Miller Place UFSD (631)849-5852 Michael J.Guido Jr.Architect,P.C. 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 Windswept Bldg.,Plumbing;Mech.;Elec.; $290,858.00;$192,166.00;$330,958.00 08/22/18 Village of Ocean Beach(631)583-5940;L.K.McLean Associates,P.C.(631)286-8668 Police Dept.Booking/Jail,Village of East Hampton $164,069.00 05/24/18 (631)324-4150 D.B.Bennett,P.E.,P.C. (631)907-0023 Hwy.Dept. Storage Building,Town of Riverhead $624,255.00 01/03/18 (631)727-3200 Jeffrey T.Butler,P.E.,P.C. (631)208-8850 Restore Canoe Place Chapel,Town of Southampton $286,500.00 04/20/17 (631)283-6000 Jeffrey P.Gibbons Architect,P.C. (631)283-1944 Amagansett Comfort Station,Town of East Hampton$329,675.00 03/06/17 (631)324-4183 L.K.McLean Associates,P.C. (631)286-8668 Southold Town New Hwy.Maint.Garage,Plumbing $238,000.00 12/30/16 (631)765-1560; L.K.McLean Associates,P.C. (631)286-8668 Hauppauge Fire District $740,919.00 08/03/16 (631)265-2499; Enspire Design Group,PLLC (631)471-9500 East Hampton Town Hwy.Dept.Office Renovation $231,775.00 12/07/15 (631)324-4183; D.B.Bennett,P.E.,P.C. (631)907-0023 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 Donald J. O'Hanlon President 42 years experience in the construction industry Patrick E. O'Hanlon Vice President 40 years experience in the construction industry 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: J.P.,Morgan Chase Bank (631) 928-7493 11. Trade Association Membership: Builders Institute 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 NEW YORK ) COUNTY OF SUFFOLK ) Donald J. O'Hanlon 'being duly sworn deposes and says that he is the President of Carter-Melence,Inc. contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Sign ture of person who signe bid) Donald J. O'Hanlon, President Sworn to before me this 3rd day of Dec. 2018 Notary Public 9=44 R Commission Expiratio Date: 03/11/2019 -- - t4arj C.Michna Cao.x•37-'717 QS-4 CARTER-MELENCE,INC. BALANCE SHEET JUNE 30, 2018 ASSETS Current Assets: Cash and Cash Equivalents $ 1,009,324 Contract Receivables (Note 2) 224,550 Prepaid Expenses 38,371 Costs and Estimated•Earnings in Excess of Billings on Uncompleted Contracts (Note 3) 57,935 Total Current Assets $ 1,330,180 Property and Equipment(Notes 4 and 6) 603,272 Less: Accumulated Depreciation 561,925 41,347 Total Assets $ 1,371,527 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Short-Term Debt(Note 5) $ 29,362 Current Maturities of Long-Term Debt(Note 6) 5,101 Accounts Payable 164,885 Payroll Taxes Payable 310 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts (Note 3) 475,422 Income Taxes Payable 1,000 Total Current Liabilities $ 6.76,080 Stockholder's Equity: Common Stock(No Par Value, 200 Shares Authorized, 10 Shares Issued and Outstanding) 1,000 Paid in Capital 100,000 Retained Earnings 594,447 695,447 Total Liabilities and Stockholder's Equity $ 1,371,527 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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-feEmar}c-e Bend, 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 2018 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 2018 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 i THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us NEk'7C�� W Andrew M.Cuomo,Governor �vQ' Roberta Reardon,Commissioner O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project lD# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment'of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name&Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us 6 TOWN OF SOUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD moo. r BUILDING DEPARTMENT y TOWN CLERK'S OFFICE oy SOUTHOLD, NY a� "O BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/512018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/6/2020. Fees: Total: $0.00 Buil in ector I Z, C; F IE 1, 7N • JL - wTi•. _ t..fin _ - f ISSUED-TO -� D ,'� ; { DATE ADDRESS D J ua - This notice mustbe displayed during construction and returned to Building Dept. to get a certificate of occupancy upon- completion of work.' -:BUILDING INSPECTOR'S OFFICE; TU'WN OF SOUTHOLD Y SOUTHOLD r N = p AP R VED AS NOTED DATE: B.P.# 3 J q If FEE: BY• NOTIFY BUILDING DEPAR ENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. COMRLY VVLI_T_r- ALL,NEW YORK STATE & TOWN CODS AS REQUIRED AND CONDITIONS C, BOARD 6tri W VM1 18TEES RETAIN NT FF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. $ kl � 1 Y r t3+# E, ti.♦ ` M� ti.�t �lfy,,,- �` Lj,, �icJ• V �. .'�i ��'� �-�7't+�". ',�" , ;,!':#zk�a` t �!7 `t, �, r _. �� ",*�,' � ,'�s���i+*k Y't".., �� �":lx�' `�}f�•�l:'.Y3r#a'` �) t �,. 1+) .)'. Yµ;Y 3' ,�'Sia Y 4 i�r t«,•� x i'.��t k S � �Uzi •� 3-t4 1 � xf I�� � tY "+ s' � �'�� �}' '.ti"�� lT ti' „p��t., : � � ''k� c.,s'r="•� fy �i Cit,��j-. �y � �; �,}3y�,�,�yss �F/`�,.� r��Ss i �t '`f a CLY� � w,`'�s1t`,.• � s;4f .f'r��,:t r i�^-'•• ,.+5 »+°` �` ,.��x,,, !f+"Sy,s �L'eal``,:r t7 , j s".�1 j, 1rr. X � ,s,.�"�y^" ttT !°� vnkr�,,�f^d .+ �.st�,.,,,�" y,�r. s�tV•�i 5 _.r„ t �. •"''"'x"' er .' i r r :' `" ...,,, "t A v5a -)k`�+7s1 v , � 71 4 14, 14.Z�z A14 Olt u�..y, .,,, •• '12 f - �� •< `ys"41,� Lr�'`^y ` � 4wti+, i�e @4y`�'y .ry"� � M. T• �y� t orf#� % - A j L t x"Y_A Ir�� .« t i,}��Y� }j�'i.k�-��'i S ,�r(�) � � 1'�"" � �'�{��''� s.•,_ RESIDENCE PROPOSED: BILLS$ '^C a y1 ° ra iwtr •�: i e a ys��6 �r n ."t r y r}{, DEMOLITION PR +jak.� 1 `Sdi. T'r'�• y`4x4 L 'Fr(,. h `�`»t.g4t !' f!4' Yx , #t Yyr s' ',r+k"ti"ypy.;g'} fs' :.54y1r •}"•f.F�':tgp'e`" 1'�v�'r'r'f r >,.• ? `«+1.„„� .Y :,.+, 1 ra ` r 2 *'4,' . uy { h 'W+•a *<+. j *� J-XtC r `'t f.«'t a� '4 L °1Y4 �ft' iT. • a 1 4" � t ��..�. 1� � � Ntr.a{ .,} x,1;4 �.� r' ' .•�. ��,t:, ,�., iv .�' ti s..�w�j F �}, s ~a,. :.+q� r,� 'til • ¢7 r ti i yl: t•:i� 'a'`fir�r�{ y 7' i (.. x«` ` x4 �" ,it .,.#S Ia/' I, D f yi" 'y{""' '1. =s;'r•*b+lt^�` t yJSIa 1 I -tIV S' f 'Yrtz �, � ,r..� � r L�+ "` �a#*L:• � )'art ��Ai'��s,�,1 e r S'�1�}���S'�, ej} ?, ;�a.Y.'y�'�'�kt C t �^)�: 1 .. v;kl. +t ``�" 4«'"1#�}�t 1' J it i L 4 s>"+ ''1,r✓«)�t e" '"�� t �t Yaroie i a• }#r= 0 l So DOM - ♦�rl � i, � ��. �•} c�f:� Sys >��Sj`'�1�. .s '� �'n+ .,y�"",i k,�t'}�..}� �ra.`f'�a�' 1 i5.s �.f }� � INK : t 3k ay'S t .r 'LF k 3 �f' r41,,y.�r�1 N t ♦j u'�.� #a. 1 S I"�.lt' 3i t #1 a4 ycf i {}` ti'I 4s7M t F d ;Iq I structures 1. The Contractor shall receive the Jump sum price for the demolition and removal of al located on the property in the area Indicated on the site plan and the removal of all trash and debris i5+ i�'1 k\ f .• �' �R�{ L`t�i Y � � �y... '��� y y f; it�..�ae7d�. t 1Z� :' � - b*�• 4 J`.0 •�.t '� � itY4G{ F�.�' 3p4 '�y d \ �Y.t,�yyZj �. :.fr• ;T..44•�� ��). Y S ''� �� 1�.i�r„ `s M� 1' �'1��Sy�C'", Y� #,� S•ti s!! �,�� f�� � `�. itw, ,g::�>��, 'v,. ���r�YY,J �',�'�,,- 1�,�'`..e • • PROJECT NOTES: existinggenerated In the course of demolition activities. AJI excavated areas shall be filled with clean granulated fill to natural grade and(6')Inches of topsoil as per the project Speafications. The Items to be demolished Include but are not limited to the following: -Removal and disposal of a -story wood frame single family structure with partial basement. -Removal and disposal of an • disposal-Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and Incidentals necessary to satisfactorily -All excavated areas must be restored to grade with clean fill. com=work according to the plans,specifications and/or as directed by the Engineer -Removal and other-Any and all 1 referenced above. 3. The Contractor must adhere to the conditions of PERMITS and Is responsible for all coordination • Department-No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with SluffbIk County AWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST UILDING DEPARTMENT Do you have or need the following ,before applying? OWN HALL Yt -,V,• iealthIt • • =Board o . )UTHOLD, NY 11971 _4 sefs'o �iiildiii Plans ' EL: (631) 765-1802 Planning Board approval 4X: (631) 765-9502 wtholdtownny.gov PERMIT NO. ✓��� Check Septic Form' i N.Y.S:D.E:C: Trustees C.O.Application Flood Permit :amined ,.20 Single&Separate 'Truss Identification.Form Storm-Water Assessment Form I Contact: )proved y 20___�;__ Mail'to•' sapproved a/c Phone CJ _5 � 6C o :piration ,20 DBW g' ns ctor OCT 3 0 2018 APPLIGA-TION FOR!B•uILT}fi!C PERIYiI"I'' - BUIELDING DJEPT. - - Date_ - - __b' , 20 TOWN OF SOUTHOLD INSTI2U,C7'IONS, a, This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plans, accurate plot plan to scale. Fee according tg.scheedule,- b• Plot plan showing location of lot and of-buildings on premises,'relationship to adjoining premises or public streets or eas, and waterways, c. The work covered by this application inay not be'comrnenced before issuance of Building Permit: d• Upon approval of this application,,the Building Inspectgp*.will is�sue•a.-B,uilding Pe;mit to the applicant. Such a permit all be kept on-the premises-available for inspection thro�igiiout the w'o'rk. e.No building shall be occupied or used in whole or in partiftor any purpose what so ever until the Building Inspector sues a Certificate of.0ccupancy, f, Every - 1 i .r -building permit shall expire if the work autharizedNh4 Yriot commenced within 12 months after the date of 3uanee or has not been completed Within I&months,from.such date:-If riozoning•amendments or other regulations affecting the -operty have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an Idition six months. Thereafter, a new periitsl�all be r>rquired::::. '' r:`, : ' APPLICATION IS HEREB'f MADE to for'thaisstxan' ,6f a Building Permit pursuant to-th-e uilding Zone Ordinance of the Town of Southold,Suffolk County,NeW Y,ark,,and'0 er, applicablelaws,;Ordinances or egulations, for the construction of buildings;additions, or alterations or for removal'or.demolition•as herein desci;ibed. The )plicant agrees to comply with all applicable laws, ordinances,building code,housing•ebde, and*regulations, and to admit rthorized inspectors on premises and in building for necessary mspections.. (Signature of applicant or name,if a corporation) (Mailing addi6ss of applicant) tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pluftiber or builder lame of owner of premises _. • .;.rr,,•�r• . '7�l•fi�rir;.i • -. (As on�tlie taxroll• -• --. . , .. _ I applicant is a corporation;signature of`duly`authorized officer (Name and title'of corporate O'ffi'cer`)' Iuilders License No. 'lumbers License No. ;lectricians License No. ' )ther Trade's License No. r 'Q�` �' m C � L ation f land onhich proposed work will be done: House Number Street; . ; ` , Hamlet County Tax Map No. 1000 Section "I Block � Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: j.., y a. Existing use-ari4,-occupancy b. 'Intended use"and occupancy,_ 3. Nature-of work (check whichapplicable): New Building Addition Alteration Repair : Removals... Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on,filing this application) 5. If dwelling, number of dwelling,units . Number of dwelling units on each floor If garage, number .df ears* ' t ' 6. If business, commercial or mixed occupancy, specify nature and.extent of each type."of use. 7. Dimensions of existing structures, if any: Front i Rear Depth Height ; ;Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height ; Number 5 8. Dimensions of entire now construction: Front 1 Rear Depth Height ' Nrrle 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Firmer Owner ` 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning lav, ordinance or regulation,? YES NO 13. Wili•lot,be re-graded? YES NO` t'Will'exOss fill'l;e;remov�ed-.:ff6rn premise's``i''YES'' NO 14. Names of-Owner of premises i Address_ Phone No. _ Name of Architect : Address's Phone No Name of Contractor, i Add ss ,Phone-No. 15 a. Is this property within 100 feet of a tidal wetland or a fresh)vater:wetiand? *YES NO * IF YES; SOUTHOL-•1D TOWN.TRUSTEESAbD.EIC:`PERMIfiS--M&Y, BE REQUIRED-.*, b. Is this property.w. ithin300:feet.of a-:tiddlmietland?'*`YES * IF YES, D.E.C:PERMITS MAY BE'REQUIRED! 16, Provide survey, to scale, with accurate foundation!plazi and distances to property lines. 17. If elevation at any point.on•Pro1e�Y.is at,-s,10 feet ox below, must provide topographical data on survey, 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A7,CQPY:-�- . _ STATE OF •NEW YORK) SS: COUNTY OF } beg duiysworn, deposes azW,dgg& ""'the`applicant (Name of individual signing contract)abo'vd!named, Notary Public, State of Now York , No.01BU6185050 (S)He is the Qualified in Suffolk county (Contractor,Agent, Corpo ate Officer, etc.) • . of said ownenor owners, and is duly authorized to perform,or have performed the said work and to make and file this application; that all statements contained in this application are,true to the best of his knowledge-and belief; and that the work will be performed in the manner set forth in the appl�ddtion.f led,therewith. - Sworn to before me this day of�'(,� 2�0�f Notary Public ,Signature of Applicant DIVISION I - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 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 13 l DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general, the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 - Page 2 of 13 DIVISION I - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six(6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent,who shall have authority to act for the Contractor, and who shall be acceptable to the-Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS , accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. G-R-AWIESS-IMTNES,LENT-LS AND SURV-FYS A. The Ov,%er-'s Engineer v411 establish one (1) beneh mark and location ef the work li reference 11V i11LJ 1V1 the Ge11L1 CTTiGpf ' B. The r-efer-enee points shall p�1]p�,�,. p�/���V��11�1LL111LLL311G 1�Uj by the All—OTIIeTrGQ'QTr�, , levels, grades, ete, shall be ftu:r shed by the Gent aeter-fte r the r-efer- nee poirAs. G. Re establislunent of the mfer-eneo points by the Engineer-for-the Gontfaeter-shall be done at t ontr-n eter ,s c-cll (r grades, lines, levels and di 3 shwAm on the afar-emerAioned to the Engineer- ,of��eommeneingt6r'—C6�Eeicr+-of work shall be eerfeet c-cvzrcc+ ubry +n i Gentraeter-at his expenset LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5)years. On request,bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications, bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. -Before issuanee of the final eertifieate, the Gentfae4or- shall delivef to the G'Amer a in the various teehnieal seetions. B. The Gentraeter hereby guarantees that all inatefials and workmanship installed und r-espeetive eontfaet to be new and of good quali:�, in every r-espeet and to r-eniain so for--a DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS t.e—ied of one (1) yeaf or- for- longer per-}ettYwhere se provided form the Speeifieafiaiisj from the date of issuanee of+t, Final (ry ,.+• + 1, the Engineer, G. Should any defeets develop in the aforesaid work witMn the stipulated pe-rieds due faults in materials and/or-workmanship, the Contr-aetor hereby agrees te make all r-epairs, 1 d all neeessary work to eerfeet thede eetiv e paFts. Stle repmro-carte eoffeetive work, i-pe1.,. ing the st of making good all other- work damaged bor- othemise aff-eeted by making of the r-epairs or- eorfeetive work shall be done vAffieut any east expense � +v the v rraava, uaau.1 t the n„+;«o e st an ,:tet.:.., expense of the GeiA«aet five (c) days after-p«itvtcicc-ciee to Cof21faC-toyThe o�Am€r-may have the-work rdone-uxxcrcn-crge ffie eost thereof te the Gentraetor- and/or his Sureties who agree to pay the evffier-the eost-eef sueh work if the GerAraetor-fails to respond as mquife4-. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 -Page 6 of 13 DIVISION I -,GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials,tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM 1 —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 -GENERAL REQUIREMENTS , costs of labor, materials, equipment, disposal costs and- incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3—RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump Isum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance'with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 -GENERAL REQUIREMENTS SECTION 01500-CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities-Electricity, lighting, heat, ventilation, telep one s e (ifie udi f i w.,,,.hne), water and sanitary facilities. B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRJQTY -h- -ieal Gontfaeter shall be responsible for providing and paying for the temperary el power for-eenstruetion to an established point pre�drnate to the eenstfac4ion area. The temper-my se—ee shall be installed v4tWn 30 days of the award of the eentraet. The Eleetrioal Con-6-acto shall be responsible for providing temporary eleetrie pewer to all tmdes, for-the duration of the TEMPORARY WATER SERVICE A The GopAtraeter shall pro n.-�o 4orv.r. �� v at4 n r-yiee for-eenstrae_tioYLpurpesea �y � �rnrc. T •lits 7 fire protection otectio wadYAY PLA: i B. Potable water shall be furnished for construction,personnel by portable containers. relocated as neeessary to meet temperary water requirements. D. The GopAraeter shall install a meter and pay for all expenses assoeiated v4th temporary meter service dti fig the eeufse of the work, ;,,elud,t firm sT ing all iieeessary rr its and fees required for tenTerary water ser-viee--. E. Cometh-all applicable-eodes--and aff nge for all neeess r., inspeetions n approvals. F. T Tpen eempletion of al work, I e !`.,paaeter shall diseenneet and remove al teraperary ner+r,odors and fb"fes TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 9 of 13 DIVISION 1 -GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any humanexcrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water-barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION I - GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page I 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S.Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000 -SITE WORK Included in this Division are the following sections: 02050- Site Demolition 02200 - Site Preparation 02222-Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2-SITE WORK SECTION 02050—SITE DEMOLITION& REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood, metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2 - SITE WORK SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including,but not limited to the following: A. Environmental protection aiid silt feneing QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be'done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 - SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off DIVISION 2 - 4 of 8 DIVISION 2 - SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2-SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 -'6 of 8 DIVISION 2 - SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passim 1" Screen 100 1/a Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 - SITE WORK The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL DIVISION 2 - 8 of 8 C, J SOUTHOLD TOWN Site access from ENGINEERING State Rd 25 t �p,SUFFO� �O ,T PROPOSM; SILLS RESIDENCE - DEMOLITION PROJECT G R E E N P 0 R T Demolition Pf 0jer Town of Southold James A.Richter,RA i :. r � Q 0�. �n s 1000-45-5-3.2 f AS NOTED AUGUST 1,2017 im: r iI �u 1 The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property in the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES: generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following: Removal and disposal of a two-story wood frame single family structure with partial basement Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer DRnr+rnc n Removal and disposal of all miscellaneous and assorted debris in and around the residence. shall be included in the price bid for this Item. -Any and all other minor items that may become apparent during demolition but are not specifically referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination 'I No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies. - seeks and receives approval from the Engineer prior to performing the work. r i STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement N Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: N New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road N Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: N Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 N Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract; Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: N State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: N Attachment A: N A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants N Attachment B: N B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A)Expenditure Based Budget (Amendment) ❑ B-2(A) Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget(Amendment) N Attachment C: Work Plan N Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page IN WITNESS THEREOF,the parties hereto have executed or approved this Master Contract on the dates below their signatures. -: . , - ;-r, Ig-11- CONTRACTOR: -i1-CONTRACTOR: }STATE AGENCY: , ''7^: :§i•: 5�' ':e j:i,At•i .:.f.: 1; .�Y.°,a.i ..:',:K.:�.y e•i �"i.,: :$.S' ': ' .. .. • Towri`ofSouthold r ..:''. •.,:.: I>YS=Denn"artment:of State_• ; 'Y�+i%:�:� �.1 s9�; •[»y .mss•• i 4;i :_.- °°ata-• :.j: i :ff:§z ...rit".. ',>-•`:, `1: •. },r 53095 Main Road ::*Orie:Commerce.Plaza. Southold,.NY 1'1971 99 Washington Avenue=Suite 1010 ;,glban NYY`.2231, .t.�, vi .\¢.'•t3'e .�,.g t.�+qq'SQ". ee`,'s`:> ^'.''Y�•;*vr c :r'lY - :•r� ': :7 ).�i4=:�' rr,-. :9.. ~Et-{ ({i;, . .::s�-t:' . ' ,� ,(/��_J �® - - {� 't`l gyp:.' P::.:i}- _ >S',s,• 4:ns.0 ":4..5' C .y��".T.•-�i.-�.'i�)"5::.`.^ry-4:'+a'1.'s'�:,Y.::`,'<:c Xj"X�,«.{I.:";a•t::F•.::.. 'SiJ y� T 4: r �}, s!' t?.iii':¢'��?..✓t•:rC��:s; _�:J�i '�'e±• ...>a, „/.mss. .a PiintedName ted:Naiiie '' ,• QRetOof,Financial'gdrinlnlstration,, ' P' :t '(PP'3' .".-'1'�S ,:T 'y g` :.( �'� •'.�` .;:.: :� tp.i.t F.tI1:...T,;.,Title., .� ..�.�'':;�_ c3 �" s l' :f•• may,'••,. AF.'w"S{eta �T'ltie•ung-�,; „{s ' tt <a:JJt-,j, •;fi .1 'K, All., /+..,:�':P:)lYa*):.4.. }-`t,y'?a+.f :1 t'- 'Xt t2J'-.¢:$":.'• S}•�+;ar:,'— ,.},'. - Si ,tt.,� Y{.. ;l.t` • �;a. " ate: Date: �{ �•y,:ti+t¢' :'}"&: ^Y' -' `�Je_�J,,.-..:7 *;•ry::.. 4`a ,*F•• YP ': it, - � ri .t:'.•''.-;''-'.. . 4.0#^"'''^.`iilM1.�'15 } A.':#4.Yi. :):_ .. •�:�i;tiiyyi.`�a • �,..i:a:..n w•_t.t,^fit- �} :i' 7;:x COUNTY OF .. rt�:•;t;t,•.•,�t•x,n�;:,.::_.z".:;•• '�• ¢-i^.i'.'raae`n •:, '�':�.::r: :�:rr.�y.::° - .. . , _ ,i :> •;,�` va..'r.,C;.;:'z r,' Y• ;.tit'6{:.'r^' t: .•�t:iir».:".::';..::�:�. OnYthe day:of r`�' =t ' ' 'Zp;t; ;'liefore:me'persoriallyappeared p,, `1' knawu;;wHo lieiri by;ii�e°duly;sworn;did ; u^ ®de 'oseand S1" that he'I esiile at° OVtfi E. .P- .cYB _ S9 i. !+`� - ;c it rr:. / rtz:: �'i, a4 ,-x. :' 'SC;d :: `}^f`•' - �v?°�` :tJ:r f;r',t5:i'S a,hy'.!,'•'3.r.4 d. r _ �•.',�'t��7� „:'s=a"�7v.. `.4t>p'�s^_ 1 `�j�� •��u.''' a::gr.,«g'.:q) z:• a.,a- `;y.t;:h,8t.{�• ?���T.., #t:�:_:F•�rg�;t�' `JYj'If.'.) ' o .; .:.,'<:•: ;:ss;`•, fv'#y,�a:i5`.`..'.,`. a;r::7 ,44>:.ga.:.•:`; :::.;, -::. M,i,#.%j< :.• �'��.'�{:' ..,,..i described herein which execufed•th&kregoing instiilm t :arid t_l a ,lie lie'signed is e'r name' a;.m'$�f; J.�.....q-'�ii�•vs� � r:.��(i•�y:.:.,t,=:° E P^+.a': �° • ,;int ,� n'� ^a ^•,r -t}t `{ ,,to s`a -�`��. s_:�•s=:_' ; i g. a, e ' �� 4 ��; - theretdAs authorized by the contractar{name oii:the•face�paiie.c3£,tliis•M66gier<Conlract; ... . ._ . 'J _♦ t ..A V'S: .t•h:$ '• •],.,r r;f: + Y.,aS..S:.'':Y i4,.i`.;'j«.'"�/'��':.'`.L,". ±}::..A �..1J'.:�:•. ✓ i:. fyl r .Mi43iEWSK1 "r'' ,i. .$..,..Ti a •'i S" '"d. r,.y7.r.:.J. �r Y'r�Y. {•..V "'.i a:t�. !7 - �'• .., �.{, -r {a :{ 5• ':i,.t:1,;x.:•.::I i3°'a a>;, PC1l3L'IC=S :..t=,k.,� NOTARY° . - Y ,'`iy - - =i:.. _ -yt '' T11TE;:OFrNEW�:Yd ,'�,'�i3af"lz t`. �.7 J)•t*"-Sxy �.` ', F _'F;. �t�:-- `to,..q:�i..�..e.'r•,:,,�0�,.4 �:,;..s-£ of roe>.$,aa.z-i; ..�. .a,f; y- r' ..zii:i.e'4'ta p":1•a- ^:Y ax.',;,... a''S r`iQUC7l "''�° �>,..,...., c. .1,' 'SxY�F;3 ,.;'i;.7_l 4 .:ti s'. �`:.. .Ia# d't:::.:,` }.;sC:.; ,tra_t,I:.•.:n.r .• lfje $ Gfipl '=ii> ,d�n; �}� n.•,s_„i.e ~ {3i#3 _ ,{,•�:' ;t'< •.;t- Sa"ri-s;';' ~#}: C: :<F:`.ik:$:f«'1-eta).:�:;': i:;' :: .l$ .at:MlI,,COn1fIliJSt' "3;w:' 4 -a:;:;.c•,:�•r 1t 'N{i i! mit a• , ry t#• .N¢.-• -r, tt -...r't•' 7` i- ?�: tY';13 it E5.` '-M: •{ gsw:_;;:'k.:i ii';•yI rawl P 4p +�a - f� f4. �:a,:J lJY! s{v; i}l'S fJ, ,;'yt7. '.-.•.f.6Eb!`-rl gi%kp�,r.t�2{ �a .. PJ "ri-f" a.,..{ '..'�.`ta'EP..�S.,Y�..J�1' S.§r {y.�"s.LISa..t, � J3 iF.f t.�,`� . ;} .ATTQ,RNEY;GENERAL'S•SIGNATURS{Et:; : ,STATE,CQIvIPTROLLERS•;SICrNTURE tt�itV# Asf.:'SS - .. .;::,a,' ., ,.#: .. it Y¢7•t:- .}" `- •;?: .....,._ a :F l." >t3.:'a";,t'a5L - -P-�x� t "a. B, )T: l NTNOI' NYS . a D,E? l Title: Title: jUL - :}' _ ,`, t .,. .(. �, ,• �a,t',ai , {'`.•i •�Cit',d�rl�} t,.•t s$: Date: 3 Date: rctyJ FOR�THE,&A'E•OOM�-fiROLLEA; Contract Number: #C1000970 Page I 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:#C1000970 Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence.is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-2',Attachment B, Attachment C and Attachment D 4. The Face Page 5. Attachment A-22, Attachment B,Attachment C and Attachment D 6. Modification to Attachment A-1 7. Attachment A-1 8. Other attachments, including, but not limited to, the request for,proposal or program application D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as "Contract Funding Amount" on the Face Page or as subsequently,revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget). E. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws, rules and regulations, administrative, program and fiscal guidelines, and where,applicable, operating certificate for facilities or licenses for an activity or program. F. Modifications: To modify the Attachments or Face Page,the parties mutually agree to record, in writing, the terms of such modification and to revise or complete the Face Page and all the appropriate attachments in conjunction therewith. In addition, to the extent that such modification meets the criteria set forth in Section I.B herein, it shall be subject to the approval of the AG and ' To the extent that the modifications to Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). 2 T the extent that the terms of Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section 1(V). Contract Number:#C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-] (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-1 (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number:# C1000970 Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the 'purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing ,by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes., K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be,complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible'and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval,where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 0. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under . Contract Number:# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The 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:# C1000970 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:# C1000970 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 thelcontrol 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:# C1000970 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:# C1000970 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 I-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 11-B of the State Finance Law. Contract Number:# C1000970 Page 9 of 25,Master Contract for Grants-Standard Terms and Conditions B. Advance Payment and Recoupment: I. 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:# C1000970 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), "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:# C1000970 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 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 e 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:# C1000970 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 in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# C1000970 Page 13 of 25,Master Contract for Grants-Standard Terms and Conditions s 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:# C1000970 Pape 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: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Tenns and Conditions i I ' Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of$100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire(Questionnaire). 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as Contract Number:# C1000970 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 properly 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:# C1000970 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:# C1000970 Page 18 of 25,Master Contract for Grants-Standard Terms and Conditions I , (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 appl icab,le. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips,and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State', for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i)the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts,the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor .to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number:# C1000970 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: 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:# C1000970 Page 20 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 21 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 3,12 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii)employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is•the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions I 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:# C1000970 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:,# C1000970 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to-provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual' property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the Department, unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department.' The ownership of all property purchased with federal funds provided'pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement, the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or•termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. 6. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1)is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam.goy/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: NC1000970 Page 3 of 20,Attachment A-I —Program Specific Terms and Conditions is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE requirements as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor, and construction contracts involving not more than $35,000 and purchase contracts involving not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR'S responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://osc.state.ny.us/vendrep/l*ndex.htm or go directly to the VendRep System online at httys:!/Portal-ose.state.ny.us. For direct VendRep System user assistance, the Office of the State Comptroller's Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helydesk@osc.state ny.us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website \vww.osc.state.ny.us/vendr,- or may contact the Department of State or the Office of the State Comptroller's Help Desk for a copy of the paper form. 2. Contractor hereby acknowledges that the Vendor Responsibility Questionnaire (VRQ), as described in Section IV (N) of the Master Grant Contract, as well as any updated or amended version of the Contract Number: #C1000970 Page 4 of 20,Attachment A-1 —Program Specific Terms and Conditions VRQ submitted during the term of this contract, or any contractor responsibility information that may be requested by the Department and submitted during the term of this contract, is made a part of this contract by reference hereto and that any misrepresentation of fact in the information submitted, may result in termination of this contract. During the term of this Contract, any changes in the information provided in the questionnaire shall be disclosed to the Department, in writing, in a timely manner. Failure to make such disclosure may result in a determination of non-responsibility and termination of the contract. I. State Attorney General Charities Registration In accordance with the Estates, Powers and Trust Law § 8-1.4 (s), the recipient certifies that it is in compliance with the requirements of Estate, Powers and Trusts Law sections 8-1.4 (d), (f), and (g), regarding organizations which administer property for charitable purposes registering and filing periodic reports (together with the appropriate filing fees) with the New York State Attorney General's Charities Bureau. This certification is a material representation of fact upon which reliance was placed by the Department of State in entering into this Agreement with the Contractor. The Contractor agrees that it will provide immediate written notice to the Department of State if at any time it learns that this certification was erroneous when made or has become erroneous by reason of changed circumstances. J. Records Access The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for reasonable time following, issuance of the final payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and records in a manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Contractor shall maintain separate financial books and records for all funds received through the Department pursuant to this Agreement. K. Notices Pursuant to Section J of the Master Grant Contract, notice hereunder shall be addressed as follows: 1. Notice to the State Name: Laurissa Garcia Title: Contract Management Specialist Agency/Division: Department of State, Office of Planning and Development Address: 99 Washington Avenue, Suite 1010 Albany, NY 12231 Telephone Number: 518-486-9540 E-Mail Address: opdcontracts@dos.ny.gou Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell a,town.southold.ny.us L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 144, incorporated herein by reference): 1. If Contractor is a "covered provider" within the meaning of 19 NYCRR § 144.3(d) at any time during the life of this Agreement, then during the period when Contractor is such a "covered provider": a. Contractor shall comply with the requirements set forth in 19 NYCRR Part 144, as amended; and b. Contractor's failure to comply with any applicable requirement of 19 NYCRR Part 144, as amended, including but not limited to the restrictions on allowable administrative expenses, the limits on executive compensation, and the reporting requirements, may be deemed a material breach of this Agreement and constitute a sufficient basis for, in the discretion of the Department, termination for cause, suspension,for cause, or the reduction of funding provided pursuant to this Agreement. 2. Contractor shall include the following provision in any agreement with a subcontractor or agent receiving State funds or State-authorized payments from the Contractor to provide program or administrative services under this Agreement: [Name of subcontractor/agent] acknowledges that, pursuant to this Agreement, it is receiving "State funds" or "State-authorized payments" originating with, passed through, or approved by the New York.State Department of State in order to provide program or'administrative services on behalf of[Name of CONTRACTOR]. If at any time during the life of this Agreement[Name of subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS regulations, [Name of subcontractor/agent]shall comply with the terms of 19 NYCRR Part 144, as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a material breach of this Agreement constituting a sufficient basis for suspension or termination for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference. M. Minority and Women Owned Business Participation Article 15-A of the New York State Executive Law, as amended; authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A. Contract Number: #C1000970 Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract(the"Contractor" and the"Contract," respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York State Certified MWBEs found at the following internet address: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/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: #C1000970 Page 7 of 20,Attachment A-1 —Program Specific Terms and Conditions with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the broker's contract. FOR CONSTRUCTION CONTRACTS—The portion of a contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. Such documentation shall include, but not necessarily be limited to: 1) Evidence of outreach to MWBEs; 2) Any responses by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract, the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment;job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-1 —Program Specific Terms and Conditions 4) The Contractor's EEO policy statement shall include the following language: i a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b) The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex` age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the_subdivisions will be binding upon each subcontractor as to work in connection with the,Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess of$250,000,the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis,for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20,Attachment A-1 —Program Specific Terms and Conditions Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the Department of State through the New York State Contract System ("NYSCS"), which can be viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Department of State, either prior to, or at the time of,the execution of the contract. b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency shall be entitled to any remedy provided herein, including but not limited to,a finding that the Contractor is non-responsive. 5. Waivers a. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non- electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request must be supported by evidence of the Contractor's good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE Contractor Compliance Reports described in Section 6, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. Quarterly MWBE Contractor Compliance Report. The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F)to the Agency by the 10`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: #iC 1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions i 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. I Questions regarding this program should be directed to the Department's Minority and Women- owned Business Program by calling (518) 473-3401. Potential contractors can access the NYS Directory of Certified Minority and Women-owned Business Enterprises on-line through the Empire State Development website at https:Hny.newnycontracts.com/FrontEndNendorSearchPublic.asp. The Department makes no, representation with respect to the availability or capability of any business listed in the Directry. 7. Liquidated Damages - MWBE Participation I 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. i b. Such liquidated damages jshall 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. i C. In the event a determination has been made which requires the payment of liquidated damages and such identified sums ihave 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. I 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 i Contract Number: #C1000970 Page I I of 20, Attachment A-I —Program Specific Terms and Conditions I I submitted to the Department with information of the utilization percentage achieved during that quarter. Contractor Reporting Forms are found at: https:Hogs.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:Hogs.nv.govNeterans/Docs/CertifiedNYS SDVOB.pd Contract Number: #C 1000970 Page 12 of 20,Attachment A-1 —Program Specific"Perms and Conditions H. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: I 1. Title 11 of the Environmenta'1 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. 1 4. State funds (Funding Amourht set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of(funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit ith its,request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970, 1 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions , l 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 forbidding. 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 I1 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2.. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any,obligations,responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self Insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be,solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms df this Agreement, or as required by law; whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where 'Contractor -is, self-insured, the Contractor shall provide suitable evidence of'such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision-that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. -Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than$1,000,000. Z Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to-assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is'undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit .access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and 'timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations.- Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents-shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents-at comparable State or local public facilities. 3. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: 1. The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public 'waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the 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 required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT ;REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C 1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as Arclnfo/GIS coverages or CAD files on the same media types upon approval of the Department. All other digital formats require prior approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. c. Documentation --,A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure". d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then,a statement of,actual'map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor,U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems-- All map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise-specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL' ,CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed`. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication--No duplication of points that occur within a data"string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; 'overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth(.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps,to digital map products. All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media-- All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department,where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates: The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps; and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format-- PDF), created using 300 dpi scanning resolution,and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees' to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term, and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract Number: #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1 —EXPENDITURE BASED BUDGET I A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A.SALARIES (including frin a benefits) Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers(4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedestrian bridge..................................................... $29,178.00 Lumber and associated hardware for boardwalks, observation blinds, kiosks,timber guard rails.............................................................................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools..........................................................$705.00 Crushed bluestone for parking areas........................................................................$5,000.00 Trailmarkers............................................................................................ ....$225.00 SUBTOTAL $51,158.00 D.QUIPMENT Apple Wad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos................................................. ...$1,650.00 ......................... Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 `1 F. OTHER 1 Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment,etc...................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 ATTACHMENT C-WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including a newly acquired open space parcel.Dilapidated structures and septic systems will be removed and the area restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage.Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport,and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound.The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound,restore habitat, remove invasive species,and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks, observation blinds,new and restored parking areas,restoration of the Sill House site,daylighting and habitat restoration at Moore's Drain,educational kiosks,a new footbridge, maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs,and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies ( j The Contractor must ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc.)was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product.In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products:two paper copies of each product. In addition,all final products(including reports, designs,maps,drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format-PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name,the Departments contract#,and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department,and comply with the requirements for Contract GIS Products. • Electronic data for all designs,drawings, and plans must be submitted in the original software that they were created(such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners,and any other appropriate entities shall hold an initial meeting to review the project scope, project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements,MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project,and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor,or a designated project partner,shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed `prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor,shall establish a project advisory,committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county,and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee., Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals(RFP) for each of the four(4)services listed in E. tl� Contractual Services'section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results, a schedule for completion,MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in local papers,the New York State Contract Reporter,and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget;and, • Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. ' For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is requited: The municipal attorney,chief legal officer,or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct'project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for,review at appropriate stages of product completion,a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise,and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract.The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners,as appropriate, to review project requirements, site conditions,and roles and responsibilities; identify,new information needs and next steps; and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost 1 estimates for all construction components, including trails,boardwalks,observation blinds,and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for.comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer,architect,or landscape architect and-the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer,architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal,state,and local requirements for the trail including necessary permits and approvals,and a description of,how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions'needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary. Task 9: Environmental Quality Review The Contractor or its consultant(s)shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made,a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary,a Draft Environmental Impact Statement. Task I0: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state, and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited,to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands;and the Office of Parks,Recreation,and Historic Preservation or the State Historic Preservation Officer;and, • agencies of Suffolk County, Southold Town,Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees;planning commissions,boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects"by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification,by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use,and value as determined through standard appraisal practices. Documentation will be provided to the Department,including copies of the purchase agreement, t�� filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy,Deed. Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances, a new deed is not issued,but instead a statement of death. The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in-place for the useful life of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds,and parking areas within the Project Area After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s)shall notify the Department monthly(or more frequently) in writing of work progress, } including any delays which have occurred. The Contractor"or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s)shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming, deadfall removal,and re-grading necessary to complete.approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map t� Task 14: Test&Remediate Contamination,Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system,and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge.Reconstruct existing parking area and installation of two(2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during,and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage dumping sites'in the Silver Lake area,mapping of invasive species,mapping of trails,flora and fauna surveys,monitoring of clean-up process, organization of volunteer clean up days, invasive species removal,and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products' Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist'in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters)and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced;subcontractors needed(printer,graphic artist);number of items to be printed or signs constructed;distribution method (utility bills,schools); or location of signs or kiosks;and,evaluative methods and materials(coupons, surveys). For designing and developing a curriculum and text for printed materials,subjects to be covered include: ` the target population; overall theme;goals and objectives;subject areas to be covered; method of s S } presentation (classroom/laboratory sessions vs. field work/laboratory sessions); potential vehicles for presenting information (printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops,etc.); equipment purchases which may be necessary; and,existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the.meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s)shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package 1 Based on comments received on the concepts for visual materials and text,the Contractor or its consultant(s)shall compile a graphics package including text,color selections,maps,photographs, and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task.17D: _ Hold Review and Revision Meeting In consultation with the Department,the project advisory committee,and other project partners as appropriate,the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package,and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee, the Contractor or its consultant(s)shall prepare text for the education, outreach and/or'other interpretive materials,and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review-and approval by the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s)shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education, outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed, fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area.A copy of maps, surveys, and public outreach materials created;photos of events,clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes,tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part I, Section M,Paragraph 6, Contractor shall be required to use the New York State Contract System("NYSCS")to record payments to subcontractors (including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State.Upon such notification by the Department,Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department,the requirement of Attachment A-1, Part I, Section M, Paragraph 6 for paper filing of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be obtained through the NYSCS website at https:Hny.newnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F) forms in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s)shall submit"project status,reports semi-annually(every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s)shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. J Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department,and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers,and the public. • will keep the Department informed of all important meetings for the duration of this contract: • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed,and/or produced acknowledge the contributions of the Department to the project. 1 r �T • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract#as indicated on the Face Page of this contract. • will'ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee,or other advisory group,are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design,site plan,and preconstruction documents. Department approval must be obtained before construction may begin. r � ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language(if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C1000970 Page 1 of 4,Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ 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. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract,no later than 60_ days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which,in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report,and a final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: #C1000970 Page 2 of 4, Attachment D—Payment and Reporting Schedule i I B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 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. i Contract Number: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule -r I , TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. ' 1 Contract Number: #C1000970 Page 4 of 4, Attachment D—Payment and Reporting Schedule FORM B r STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total workforce Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of employees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized,on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s)for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group.The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER - Male or Female i w A PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ tin s ,fig. MR-'s INM 'T.i",E l '�L.•. � �/.CJ� ,srLs rf ,i1Y" Nxii": •'Y�`"v ':�+'t. Pd:`+v'�:".'kkax.i:. ✓rf`+'tP`is'T.-<y «?�:•.=-� '�:�k..,sap:„t;.F .x..rs.at���>+-'a.> Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. Or .z.%�'� .” '....• 'we'fk`.5, ..It. �z:.^^...''9'�a�'..' «..NZ, j` k .nA'3'r��t•S.`e!.." "�d. I M it Experience with similar projects. xc+ -A�' M.- a ,� ,' "WE '( r -`L°"_ * ^ § •i _ ".D PiYY tv r.< Z11,ea ._ w. x ,_:N Ability to,complete the project within the required time frame( months). t,• ,.' 'y ♦ 4-�+ MM� his+ r Projected project cost($ ). TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation Additional Comments: Reviewer: Date: Ratings: 5 Outstanding,4-Very Good,3-Good,2-Fair, l-Poor TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK v� V PreparedBy: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 November 8, 2018 (631) 765-1560 rr,^z1�zr.2�t r SCOTT A. RUSSELL `'s � JAMES A. RICHTER, R.A. §: y: .., . SUPERVISOR _ , �����"f..;. �� MICHAEL M. COLLINS, P.E. d TOWN HALL - 53095 MAIN ROAD ` TOWN OF SOUTHOLD,NEW YORK 11971 �""'�"" '' Tel (631)-765-1560 ��it � Fax ,(631)-765-9015 MICHAEL COLLINS@TOWN SOUTHOLD NY US . � JAMIE RICHTEMTOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 " INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8, 2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29, 2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of'Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00"on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of'Southold Demolition Permit One (1) Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C 1000970 Form B —Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. Cao rity fr L'.,idifi 1 Dorf rmance and M pAmanee 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November 29th, 2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2.FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained un*i'� and-approval of the Performanee Bond an until the completion of ten percent(10%) of the work under the Contract. IB -2 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves, the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves, familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SEC-URJTY FOR FAJTBFU-L PERFORMANCE AND A4MNTENANC-E pereent 0 eai2fien4sufety eempany with-an rating or better A.M. Best &Go. and aeeep+cable-t0 the Owfier; or bonds seeuredrrr)--cvizcccert4l; 6r seFiir}ties appr63o'ed1'•�vvzxcrThe Teif9rmmiee Bond shall be vaiften so as to remain in full foree and effeet as a-maintenanee bend for a period of not 1eJJ LL1LLL1 one (1)year after the date of fmal aeoepta-ace of the work. award,The sueeessful bidder-,upoti failtire to exeeute and deli�ver the bonds required within ten(10) days after the date of notice of shall fe�it to the 7 refusal, as liquidated damages for sueh fail - , or the seourity deposited mith his 7 demand, and he will be liable for and he agrees to pay to th No plea of mistake in sueh weepted bid shall be available to the bidder for meevery of deposit or as a defense to any aetien upon Weepted bid upAess said raistake ean be proven by uv vumepAary evidenee acceptable te the Tovffl. After approval of the bonds and axeeution of the Gentraet and after ten (10) pereent of the has beet, , lete the bi,7 ty +L bid ll b fi a .,,..::Z:...,L.,.L, L.��c�rcr�cc[mr�uccviripimyzir"�cn�. ccLzrnccr. IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information,or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment,or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended,of the State of New York. 113 - 5 i INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors,and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 I 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 itselFthemselves 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 I 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, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE:' 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS �,.`" •v4' .;L< "`t'::�i,;:"- ,.....2,.Fr. - ':7*.;ori#.:-:'ar:?u`:.d= `a<s -fti' Wit,. '-'a ti _'6+:$:^..q.._•:E;-± ,es,„ ,np, `r= - �'.�s':rf� -;�_�°�.;:'+�,•atm 'i” ;,,.. `1« ,�� ,�;': mt: ':.,y.r z, :t:,z :�^tom 4.` i .e- <,.�c,.,E�`' '�� ;Y•^_ r.v�>z. :=, ;r.a, �. "d'�';;x`i? :'tt`�zr: {'.,�ti:•x..rc,',�",�^.�`.�=;;'. ,,�iY ';i" is Xc'.i c:.�,s•,. + _�: ,,. y�o-iF y.. �'' 3-y^rr•L-`� r' .i-r,..4, ;�r. ,,,y,.. .`".s,�i;;+`�''- r"a,: .�'-�s,:. .t.•:1 THEs�T�OWN�.OF._S�O.UTHO:LD�IS��,LISTED: -u-'r•rs"c•x-cr.---3 Y-y..n..a•.-�=", c.-.-:..r•.�;r""-.q,.�-�. ct�i"'t -..:xx _ _ CEZTIFaICt1TEH'OLDER_'.SHALI::BI =AI,IS:TE `:?: .:. _ .ii?;i: ';t.;w.'",.s.,:;i*;.1.- b..•.:szu, ':.':s• -,:r3;-` P•' 4"..`.. 3 t' "T, t.fhys¢.; (`ry ��T{ .t- 4ti<::� i' .:'..ph'";,sxn tr:•:Z.'`...��2.•.:_v-::.t�.-; =i+::. .}�`3F;�` ^`i: TO•! -�.O `�YNO'V'{ :��.i•.:A. ':'': :.J DJ.F p .i�^S.:�s �.s e�i:{e�;. »AF. : :'�`�ti=s+'"e.�:'yu=t s�:2^ .a,•��,"" ..ty : ::�, '� s, t i $ > r`.':'x'�"?�' rrs.',' ''�-"kms?'"' ,6' ax" •'f';��"'• ,y's =F':.. .r: 53.0,95.��/�� 1.' ,aC}ADf' .• ,S[��'}d}Y'':'Y3„'i.;3- .LG;,' ',f� y.),. a` •,y-,; :h.. LSLibx aR ��{� .i. }-;..:.M131r`'..<`,�. .:�y:�:^�•.-, yy t:t' J`'4..f`''. �:✓}w:.;. `if< %f.F y�(:r 4.`.'.6_F'r •:s i ':.4'��. �' 'p: SS �✓S'• _��. (.i:�:�r � , etc..:,,:..Jr L .,,,�;��. ;:gid: � :: ,� �,Fk•.`p�=SO'UTHOTID' Y'�:1�1971��'��'.-;�'�Y:.h�.{';�!.p ��.;r;�:; ��;:�: �- :��•...agµ�a� �, �``' �r�Si:�'',�"� ."' .�'ls��., .n.�r: .r._ :�• ;;§�:��. ,u-•:r=>E�<. . ,,r. e.'S ;,{a.-.-n.,.., .,�...1;:. �z•..u" � A`- `i,•`•+.•. 'wms', ...._�...«... ;'.. 7.1 ",�. ':c ."ti�,�^' ;...,..?..�.•c&r::1"4'.;...:n..:«;.:.G.,ra:.7 .:�`.:..... .,.....<....,..se:�s,wt:.oa::�t.;.::�ai.:....:iii..,..,_aw„'Rv-s>.:..�,u's::.:3:.1a.e.L''ia_3 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 Offer&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, Pe4ofmanee 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. WORD: 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. Aeeeptanee of the eoi#Yaetor-'s peFfkmanee bend in lieu of the Gentxaeters read opening bond shall. IVU t the option of the Highway DepaAmeRt. 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 be1ept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for-the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC- 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death)and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall.be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction,both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make- it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OEFIC4&-& TOILET. The Gert,..,,ter- shall p ide ., e f_:,.o t,aile.._ use by the toym and its representatives. The trailer shall be elimate eei#Te]4ed and have a ralean plan tom, desk and ehair- provided inside.—The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in.general to direct the order and sequence of the work, which,shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute�arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative;that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used Jn 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 'o Eentrast Seettr-ity 11. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting,Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal'to Waive Immunity 45. Exemption from Sales and Use Tax CC - 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his,their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed,Required, Approved, Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid,no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work,as so ordered, shall be determined as follows: 1)By such applicable unit prices,if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3)If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor,premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation. Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF 'A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of.completion of the entire contract work shall be THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and.of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 — Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy,fires,floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must_stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT SFE44UTY 0 ) of the amount of the bid as seeufity for-the fai4iful per-fennanee of GepAr-aet, and for the paymepA of all pefsens per-feFmiBg labor or fumishing materials in mith this Gentraet. The Pefformanee Bond shall be vaitten so as to remain in full. faree and effeet as a maintenanee bond fer-a period of not less 4mn one (1) year after the date o aeeeptmee ef the work by the Engineer-. CC -4 CONDITIONS OF CONTRACT (b) Additional C L, t'tute R d i f at t' the O mar shall be l�al....-. e dissatisfied erl 4h �-vTrvry Substitute ._,.....,� .,...,... .... ... ........��.., ......,,.....,�..,.. ..�..� any suret-y or sufeties, or-if for- any other reason sueh bond shall eease to be adequate seeuFi" the hall within five (5) > s after- notiee from the Owner- to do > substitute an aeeeptable bond in sueh fofm and sum and signed by sueh other- sufety as may-be satisfactofy to the Om%en The i sueh bonds shall be made unfil the new surety shal:4 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's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract^M the Porf rm^„^e Bond. 17.,CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of,and to be performed by others. The detailed schedule shall include a fist 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, fiunish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC-9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not-mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision-thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the ,extent that,such provisions are, not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall, replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, ,lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for,which the Owner might be liable. The Contractor shall be liable for-all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant,materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and'regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC- 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work,the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request,the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed,but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC- 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be,by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the ne,-F Fmanee Bond-. 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner,be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified(or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days'notice to the Contractor,terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event,the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be CC - 14 CONDITIONS OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a)To store his apparatus,materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse,rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c)Before final payment hereunder to remove all surplus material,temporary structures,plants of any description and debris of every nature resulting from his operations. 35. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any parry 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 parry 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 parry 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 firth, 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 "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. dNotarized Affidavit of Non-Collusion as required by NYS Law. dA Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑� As per specifications,the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten(10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. ❑ 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 9 VENDOR NAME:c V r l L , vpl�C. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. V/ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11_RI V OR SOCIAL SECURITY#: DATE OF ORGANIZATION: {? I9�r� IF APPLICABLE: DATE FILED: ," ,//& r g STATE FILED:' &j If a non-publicly owned Corporation: CORPORATION NAME: �r✓ LIST PRIfN�CIPAL STOCKHOLDERS: (5% of outstanding shares) &4m U LIST OFFICERS AND DIRECTORS: NAME TITLE On,UL e�— onl,c z If a partnership: Af//i PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: / _ , VENDOR NAME:&7�?,Vt cr� /F!r"(C_, ADDRESS: DD CONTACT: Nolvca- je1w TELEPHONE: FAX: 7-3,301- E-MAIL: 3,3a- E-MAIL: oni6 L ,p Kh1awd-S K� ONLY if different - MAIL PURCHASE ORDER TO: A)// ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - ��� MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: J-146, 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. l//Ce- IV AUTHORIZ IGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The erson signin tis bifid, under the penalties of perjury, affirms the truth thereof. 1 \ /a S� SWORN TO BEFORE ME THIS Signature&Company Pmt}' n D n ka ouq' V -I�}�, XDAY OF 20AS Type Name&Comp osition yC�om�pany N�amGe OTAR P �'4 ' �v'� BRANDON DELEVA Date Signed ® Notary Public,State of NevwYork 11�f a No.01DE63o 715C Federal I.D.Number �lualified in Suffolk County Commission Expires August 20,2022 Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: rz VENDOR ADDRESS: (1 10Y11'97 TELEPHONE NUMBER: FAX: 631"/d s'?93 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 9 5e0H-',911iW (f.S`/Gfq Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 0-06"0 lYl for r�kundI p(�L & 001 D o /LS C�oo� OD^ Dollars Cents z Demolish Main House and Dispose of Debris fok5iAenDeal sad, D / f / dsd d'OD//Z/LS �0�00r Qo 9V Dollars Cents � Restore.PSrGop�Ae'rty�with Fill�and 6"of Topsoil 3 1 v " d-L � 7,00? O !7m, 01, Dollars Cents TOTAL BASE BID Items(Add All Items) �? 0-0 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE /CQ PRINT NAME U)4�'n TITLE V &j' DATE .R8, 1960 I ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ss.: �4� On the _day ofJ'!1 .nnheT in the year 2018 before me, the undersigned, personally appeared, \ , personally known to me or proved to me on the basis of satisfactory evidence to be th 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 PUMItU BRANDON DELEI/A Notary Public,State of New York No.01 DE6379475 Qualified in Suffolk County Commission Expires Auoust 20,2022 Proposal Package 9 of 9 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. NO 1 6. List the major construction projects your organization has underway at this date: Name of. Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Com letion c8erwtc. /ys UltzLS Lai 00, s�ruc�i (ZI-bW89 3YK ACe`kojke►i 2'16006-' 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 -beV4011- af5,f, cr 7�o'lle-Pd it 0// s (01R'3116 104 4TIV-1, 'b"��'4 '-.5;L- q'R Avar4ve' 301 '70 // QS-2 b-KJ S--� M, 9// Fw 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: V 9LQ 1"1/�S, A Corporation -�— A Partnership or Entity FIRM NAME: v' 5 /y�C. An Individual PRINCIPAL OFFICE: to D / 1� AS1kaAY11W PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE �s.�i,�c�s, ��'�Z'2# . a f�0�s' 3�f° &-v7,,�A)y 1ST e defog Co c �P �S� IV491AR- PO4'3y ��e 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? /00% List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? /V 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. Aro QS-1 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci c�Y7ldMVK� P�eS. S y✓s• 74//P4sesof Ins oarOmZ Is, �L 5'17' 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 • -4H n eceSS� 00 11�4 C_7�6r,' e�WlMffttt ts 10. Bank References: ( Y111722- 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? / 10 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 k C4 Q SAI of&-t inti,Kk'/ 0/&Ilws �k.contractor and that answers to the foregoing questions and all statements -rein contained are true and correct. � G �� v9CC v�PS (Signature of perso o signed bid) Sworn to before me this day of !NOV.,2018 Notary Public Commission Expiration Dat .2- 1'o 22. BRANDON DELEVA Notary Public,State of NewYork No.01 DE6379476 Qualified In Suffolk County Commission Ezpiros August 20,2022 QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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), Perfi3manee 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 J 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 2018 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 2018 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.state.ny.us NEP � %• i' �x Andrew M.Cuomo,Governor �v�' Roberta Reardon,Commissioner O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. , It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us TOWN OF SOUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD gam`. BUILDING DEPARTMENT TOWN CLERK'S OFFICE c+ • SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST,BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/6/2020. Fees: .Total: $0.00 Buil in ector .l.G�vw, i,~1��,: �,^`�i T: qr'T.: -i { '��- _ ".�h - t'i- ;`Sr r•-•v�ie�•t'i'`t,�--"���t`is�'� �a^'r�Y"?-_ - � _ -_ _ - � . • ^'.� ti - - r-.. - - - -�` - ",_5.x3:~'. •!•c.'x''r,;Tf't�15�'" kk�• �'�a r:u..asi •t. _ ti f _ t • - }, - !�n - 'r, �'iV' - .5`1 3`wt e!�7 ^s.�`.,'�P.xr.��oaf .as 'i�,- ) _ .r - •- '` ' "�l ��{•-'Y��Te - -.M1•-, -r'�','�'rFa "6'.yti '��f' 'T' � -,n F��., T): 1'�r`TY� - ^ _ r�,,r�:. - '`e�"+ _- ,'a• .t r :ti.. '�" :`l, i�..+r..� T, Yr` ,!",#+d�- _�•' 'r a� (. -'y -n - }t_.•s,' - ->, -.=.j - '�-�'!,t'a ,� •..�,'.'�.• to ;� _ R -,� �i••ti r -_,rs, - rM1 - '.1'' ,✓'_ty'e" 5yT•. ..+...- ovl_F�';'"�-"*� e�• Y1._..ik � 3"�' `,r�-'.�.-- - - - ,X� - 1.-" -. - 'Ei•+.; o rt,�h •• Y)�; _ �<.r�' .�.• y 's •'r� a�", i. :- 'rh r!- ,.*' � "' 1 '�,`_ �p'. - ,", :'#✓L^<-... Y{4 {$. t� �i`r,-eb �� :Fj' ,..- ��' �' - - - . - 4aI-` ,s. '4' r.'E`r`��.�„�� ,«�'t� :di' rimy' Its .sk IT.{s` l'r. 4„� � *$•- ' `�• ?~ .\a• ,. - '_ 1. _ - ' _ - �-;,� - 'tL -,v'ifrj�rG art. M1� �i1v.i J-s .�u" _ s��,' �;�¢�� •F.�i- _ - Y � - '- .. e - _ , - 4 .,- - x'""mow {�• �5 �^�� 15. .1�= - •{'- _ .>• � - - F.'r:_r` a a•• - ;;'•+:�.. ^v;s s %`•�•' z,�"1-., ,p,•`S'F?;aw "+ oi:r°[%'`'tii,'�r"o•,` '2T _ r - ,__ _ _ u1`_c -.s' - r• � -r�,'t."w.i-% -' ;3� 'i G;, r=r.. _ :4,�._�F`W, �-.,-,?�� ''�`\ r^;',`_•9;- �Y ' " - - ' t .. _ - - " -i.£," •' #s<^ - -,Afi';. rr 4 ^,.rte.• i.. �Y�`,;,�Ey�;.a ��it r ayti„;2:';y�.,.:N - :v - - .>rA - _ _ _ - _ -�, , � .In '4: '�r1b."���"`_- �• fir, �. - (A)c :(_.Y'-` ISSUED TO (?I DTE- ADDRESS -This: notic"e.-musttbe cl.is- aye, during construction and :returned.'to' Building Dept.a ato. get, a certificate- of , ._ - ,Occupancy.` � �:_u on coim lei•.o� rr.-of=work. ' - - ,'psi',~>$.'v �` �' -' - '2�'� - _- �• s,{ r'ti:, ._ '%� - `•m,{,7'&k?'3.�{.^'�' r � +' - _' = _ r•_- - '��' '�1,r_•d,«,;- ,f 'a _ .'_s�' ;,J:'E «"�-,��' i -Ji,•i*''ia i,, :Y n _ ,Fu1�,�1�•1^3`�iri.�'-xF'' ,r`�yA, `�."A1 „�Y _. - - - - - . - re..�•�� -.•_{�-tti ;���. s-. .'�=a � -'x'��`, q,,..a'�_' _ L; ;.y'1e,'`^-' �s ,a-�yt'Y-',,.:iyryti_'''F"Y��n:- ,i 1.,4� - '' - ,- 1 - -_ Y.r.= ^•� �x� ,�a.tci t `i„` _in ” f.r.., rFC-t' ^�*•y ` .fwhJr.l.,�r;��'!'�= ,\• -�Y'i- . ;�-. - �.h.`4Y""h., fk ._.!- `,'%•.•ti'rr,_�ij.' 1,'t Yr V P�~ in a - � . i�.' (.:.��^ "..• i�•�'� t�i ` �,> ,G` SS+F`,Tr-.-`ro'.f},'K '� h,� - �F. �r �`�ey�{� -T-Fr���`»Y„ .0 L• - { k.BuII1rD_ ING-lN1SP.E 01 S H 'l ' =TU F S UT`1 OI;D , +�s• ��<�'ar:w^`�:r,. ,,. .+-i:'. ! ._+ ,.n-ter' '�i4` t,r�_(•.'":�.•'�6 t � � - �. -' , - '�;,, _ �`` c ".a- its -`!r�$5.,,_tt _,i, i4.Aa.^^• v' f-.Y >",..p'`, 1'wf:' ....,C' 'S.k..l ,- [Y ;r^':f't 4-..Lp' �.. "Y. 4t z,wr. ,F,,.,`•'•rv'' r•y' m^d. ia..� _ .t t _ ' - ,'�'n��•r,ris� - ^,T p:;,:a.:: -ae�-`,"��`y..w, .wh�..r'i,'. ,�}.,, `;#��act - - c' s_ .., '^w -'�:r "v" � ti�trl.� ,�'*;�r�' _, , �,f--r'.c` '�i! ^~i1 c: 'titi•..`'a• - •-«.ti r'3+,-±s �;�"t;:�''11tt.•- .�41 T Tt.r�. .e •-'a +~= r•A_r„�,S�.,k"I+ - • - - ,.. • 1• '�"t;'k; `a..F:rtr -.'4:7F1 ii:�w: _.1- - y.•', J .,'1 _{_.. �•••• t:i•! *ar G"'�=y 11,7 ,-*:.:. ry' --'1 - _ -_ - u«r„ 'i; _ -�• - •^`°�-;. - 1�, '-'c.. .,}'-14,�'ry'. 'y"',"'"-,!�t'+'."�7�•�=s` 'rf,'�,'•�-�'^^-'x� r*.'gi=i =+•'4 -_ -•�,.r, - .r t' ,. ��. ,'+ t-��� - r�a.�'�.� �a., -.,-4�r,4'-' - - - •fir '�� . AP R VED AS NOTED DATE: B.P.# JJ FEE: BY- NOTIFY BUILDING DEPAR ENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING s. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. COMPLY W i_T H-AL.-t,,,,-, S U'r - - —---- - -- ------— -NEW YORK STATE & TOWN CODL AS REQUIRED AND CONDITIONS G BOARD ffotT-,OMCll TROEES RETAIN STORM WATER RUNOFF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. '� '*�il!�,�',�.s��l�S.'�tr ti 'l ��s1�+r<"•y '" �/ ,t ] a t�'� ?h � a �'t .•i:��s �S�,Sir.. i� i r�ra ts��!}�V.��1}1�, $ �+ c1,"si"•13` t' 17r•r,1cs=kX' � S �, t .�.� f r II }t ♦ ra t�jt T.#�; ii �s r''�,ap r}}t•v+. r army, a ri� {'=.74t �'. L,Ft•= ,\.t j +y a l '"., ,�� trr .� i:��i,*rC *f 'C) T 1 i,,, ..'• { f.'t s • ! �'�. tt 7,, 't•,s ,, r "`"r'xhwV a J �rkvr�SW tI •lfr.. t rr Y• �}{I�YJ� ,•h', a 's�,SP1#Y'r wr r �,,.. r•c",S�.xt Y �t �• ,.!£1'Ypta1 {'1. ?�,: �,l S arr � k,: tYl.' s� j '°j t-,C''^i t � a ¢��1t t\(,,•Y.X' � f:.-'•) .f• r, v� r� t ay. 1 t't it �t s•assn �•.y\, t �1 J• t K>r+ dE + j� � •s�' ,Sd"` r ``� h:h A •t ,.+j"` i �:� vV+ N. t,y{ F„rT 'ra} j "ate ��f � ,f•I t���.�},r �t � A'*^s��”" �' }-i N�I �;'h j' ti 3Y" tw 4r` : Lha \ jrl:r F ,�' r+ r� asv "Z`t j'-, ''v� r,r� a„ t .:t.•k`, ;, t (1 t. •• }t.aas C� : `4/ ' "��tu,•y `r y V.3.,L7 l V, �j. r.+ta t�'•:Z,( *'• t' ' et, µ,,1` 5�, t s " 1, 4 r t 4 Y � 4 ra � £• '� �'K•� sr l• I Ir e e "• ' ,.j t • ' �' \ t t f K'_" rs/ }�. Y ��w x t t 1., tr Jl a 1 •r jt { f•a i 1" /l f�Y t= 7dr .? > `� t < v.s( r •j v,.+a`}"(t t+ i }'fitr r.+Siv,• S}{,'S �, v1 t 4 'k r,. r i �t „'~•:�~�'�`'•kt k'� y'l t 4f� t•�� �!a{tet1r =7xli'h yt t•j} y ->;. [ � ��1 t�C�. L"� v���qq,��7t j�.o s�'�. 1 a s 7� j F ; . j•.ka'z "�,��'•a+'}r•+ t(,t{ �i: wY" �.! cc��.3'c rri ~t1 Y6a, �(%1 '• _ Z t ity 7: 1 �4 ;'1r r -�Ur r y{\* 4C( 1?. SY's'1 ,4h-�? ",U. ( 2 '!, " 4Y`�rir�,/;. .?z i z,a q ri},,tt � "''+Y".!;}S � *�," - P.S •�i•' r�} s. "st�l�yw. v I 1 .�Y '' £c�">•..}' y.�l,tl, 3�Fy q 7 't,�+r r t 4 !i�r irs 'r S• dr..s} t X 1*F!�yn,>�r<sr %`.e ,Tt �,s w1+;•�t�s� ,i `5 tyVt" rr } )err"'"� t�t�,'M1: `\1`r}•il i i I a E '..sC'`y"i; T• • 1 a "•r�^�� { :�4 �1t �4:�i° j I� �7� Sc, 5• y�r�3a r t�/,� t �`•4}^? 'r,,,.v�. y� ...... r � f+� t'J11t +�•� + ?•�t�'"�t='Rr �'����,t:`�*,.�Slf�`;kK'� rY�.+lt.�r� r�tSti'�.�;J ���l,�t��`�'a��st5`f''�i1'�l!"'d!�,{1[�:�• tiX"lr�'a: ,vi � „••' �"i�L �� � Y r r :}�� �,r,,l�r�/:1��is��i�'J<>.,»�,ti+c���:�t�T.a'%fit ! �F .t,,`a#. '��•JS�It;��..;,t� •'i��'. vst.+.; wtrA\•r4� ( _ �;3,� �i! Sl Y �i'=i�i�:ft�,}dc'",� 1 1`'t,�f�,tt ��t j ...t��,t`S<. .t J F"•�����.��t �,•Ss�t � e���•b�y ;�,^.,,i� S E�r� re "•��e.''a ��'v ix3 sE''1 a �fj�y �s *x 1+' 's` �, f a""r��;t �Y t .,� ��,�i J;'l�,a�f i:1�� 'i.1,� 3:�''"`s"' t�� }')!'�a�r{{�,��a•. t'�j'e-.�•'�?.T.>` is.� v�t•�i.� t�� '�S t�•y�l,;�}'r 'L{' '�' rJ t 1 tr` 5 '� d •r -;rl! t- .<vr�, b }l a1 �>w�, y t�$ L,?s � 1 1 ja s, rr t 'f •tr "`4 1 S �'7 •;?v{ ^ �, .I' �! 9:% ; tl ll-tv<r,- '* 'v�i!'.irt t s.r xlrc .�� ,} �,'{•*i is S t�•N /j'�A-•". fir + �rx•`` .t,-.'� ",` ` 'a,� t � 'S-. + � v7'' t• '' t4:,;4��. j kla};'S,�!'r rS;�'•ll T l-,�;', I'� 1•:ty t `f"a�"'` �` .•�t f' ' ,, � � ��� `�� 1�. y, i r"'� y•' +3 1 'f•fir a�,,,t�•.1�� ��+, �J `� s K�N }3 r{{T �ss'f1t t ; �r�} 4t.ty"t'�<1i' ` tt1� �1 iii i r ''. .L� )'YaM 1 i N t v ,'�(t� .-,y� . f7' •f Yid r 1• t PROPOSED: RESIDENCE n gl y t� *t,4 "yt c�+tYl1+,t"t t,it if 1- DEMOLITION PROJECT i t n sj'`t ti;+a tt J+,v�."SYr Ti •''i r; ss.y�"]tier 'tii w=i�.�"i \ s j' + 1 �";,il `t>� ,.., ft'..a� ,lf'4*#1 't'+ ; i.-ts,'4`yrv'i`� ti^* ,:raf/ •�J• �^,r 1 " • ;'V A.l, ♦ CS{ "ti a 'i`i�Y,}�i: et,y��t t t t.,±l'-�"�1ss,� � 'd 'S' ,��`''t• T /v .i F.•riiL v i krT t\ " tat. u =t v '.,�,.�f - �1. '� 7 �'��'L 1 i s iit"1 a � t LZ .��v � r�R I R .tr ly„�ja r N a M.4 �t r• t t*s•.r' � �"�•is`c `\ �vt l +ciMr r ear-�i' 7� r � fi ��4� .rl'� `i� s� t 't • "•r `rt'p� Z`�"r �-.1 ����♦'••..p:�'.i.��.t"�ti�'"T ��L�'tl'S c�'^rv��' 1ex�s'�,�r'j, � t�'' ` 1" a`•t e X"x�r��',k y�ti •�t y *Y,1V�, r' '-s•.+p`,'��,�a �! s �y�r..•`�+� •* <'':Y d (��,t,[g••� t s:, �a tFt �` `1..�,3t; ! t •;r.. ��>y J �r t,•� t t "r .1*� lY�y). 1 1 i .Y t...l f aA mi Q+�v r i. •� ���f K Er= }»��... S 4 v+ .rJ,y1 1•\ r l k �t `lS�q��,`s),Y � a .J y�` `s L .��+�`Ss�„"''+lat�"` ,5a�s �;<'+'4.n 'r M,�,}t ••tir � '"L,s a.,i ��' s i ,+b..t t�ysVt� At t...p`•.ci vY (j J`'"�i..J ��� 2 �s Yp d! +�{ l; r �. ' a t tr`}a,.Yl r,� > Yr t•fi�yrV� f " ��'�;•- .,.x•-" ����� �.,ti�'�" � � ` �}Y` � Y�/^1 : .+rl�.� tt „ ,, leu �'`"�,,���1. rtiJ y,�lj *''��1rrF,;� VmID � � \ �•"^�'�"��y �i" t�.. \�'"J •N�s� � r 3£'..1 t i�! ^�.,�? t r .r �� I i ,¢• ? 'tz� rjl,1t+�`y +' �:,'• - �ts'a{t}�'�✓ $S, t >`,.2'y �` rr::It lr �� '}•� t 11.'..r•,y! `v t ''}ax="x 't; �� YI•� �' .! f ,* c ' 1=N •�!��?y..,.. � t -a)t<' �t� ,� .\r,14 � 1 �^ w l. _ c S { •s,. sl.!1 j( v� c„ d1,,,Y. �`1tf ss ;r• rj�•I k ;♦ 'Is r+7 z t f N(( �s. •%�we(; '"'� r#F � . +d � 4i a� 2 t, ���tv ��� �,��. ��i4� 1 t1 z�t#f�y� ,�• it�dL�f•��'�' `�z•. ,r r }'w# s ,r., r"5,f, ✓ - "�'r' i. )x S s`>I '�r'x ,J •'.x [ w 1'� ..•k .`-�' �'YS i X a q t", �( �, t,1•.• _'� �• "••f " t'°' .' i� rc�j =L� Ki�L li''. "`k" '`n til ! r ^• �? !S�=�7 t `^+r`. µ4r ' S"tr L ra= 1` '7[ er' .� '1 ��.y� � +'!d > " 4 ``•".'�'� s �t/�"',,,,, E �� �' � toe"Q"�'2 4 ttL•".'+4;E+^"�� �/ r / y � },��''. G, t}s d •., -rlyk'�+� .1�../'v_+aVar.•= s r � s '3r� A�t+=� ��� .•fyy 'I, 1 DEMOIXFION PROJECT NOTES: DWN OF SOUTHOLD BUILDING PERMIT APPLICATION-CHECKLIST UILDING DEPARTMENT Do you have or need the following,before applying? DWN HALL :Yi : '.Board ofiealth- ' DUTHOLD, NY 11971 i- 4 sefs`oiiitdiii Plans ' EL: (631) 765-1802 Planning Board approval 4X: (631) 765-9502 l -Survey'` ''7,)utholdtownny.gov PERMIT NO. �� Check Septi`o Form ' AL '. N.Y.S. Trustees•' C.O.Application - Flood•Permit :amined ,20 Single&Separate 'Ti-4ss,Identification•Form Storm- Nater Assessment Form I ! 'Contact: :proved 1 20 Maifto•' sapproved a/c Phone 31 151 :piration 20 . DBui ' g nns ctor 0 C t 3 0 2018 ARPLICATION EOR:UIl.tIM 1? Mffl`T''• BUILDING DEPT. TOWN OFSOWHOLD _ - Date- - b , 20 INSTRIj'ICTIONS a• This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plans, accurate plot plan to scale. Fee according,tq schedule, ._ = - b• Plot plan showing location of lot and of•buildings on premises,'relationship to adjoining premises or public streets or eas, and waterways, 1 !, c. The work covered by this application mhy•not be bommeneed•before issuance of Building Permit. d• Upon approval of this applieatio{r�,the Building Inspp,�4Fiwily,issue-a{Building Permit to the applicant. Such a permit al I be kept on-the premises-available for inspection throttgliouf the work. e.No building shall be occupied or used in whole or in partMor any purpose what so ever until the Building Inspector sues a Certificate of,G(;cupancy, - f, Every.building permit -shall-expire if the-work•authoriz'ed.hai'ibt commeneed within 12 months after the date of nuance or has not been completed within I8.months,.from.such ddf6l-; f3io'zoning•amendments or other*regulations affecting the •operty have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an ldition six months, Thereafter, anew,per%it shall ber�quired:`;:.` ': - , `,s 'r:'-.: ' ' APPLICATION IS HERBBY MApL to the I3uildirlgSLbi xient for Ilia issuance f a Buiiiiing Perrriit pursuant to the uilding Zone Ordinance of the Town of Southold,'Si061k County,Neje York,,and;other,applicable,Laws,;'Ordinances or egulations, for the construction of buildings,additions, or alterations or for removal'orI demolition-as herein desciibed. The )plicant agrees to comply with all applicable laws, ordinances, building code, housing code, and'regulations, and to admit ithorized inspectors on premises and in building for necessary inspections. ; (Signature of applicant or name, if a corporation) (Mailing addiess of applicant) ' tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder lame of owner-of premises _, ✓li.tf, .,'�i�i �1. r�'�-t(As oni the`tax•roll•o •-_ - - - _ -- - �, r-tlatst;ded� E applicant is a corporation,•,signature,of`dul' authorized officer (Name and title-bf corporate off ce6' wilders License No. 'lumbers License N(J. 'lectricians License No. ,� =' )ther Trade's License No. - 'Q �'� L ation f land on Which pro osed work will be done: House Number Street :'' • Hamlet County Tax Map No. 1000 Section "I BIoe'k Lot 2. State Existing use and ocpupancy of premises and intended use and occupancy of proposed construction: a. Existing use arid:-occupancy b. •Intended use'and occupancy, 3. Nature-of work-(cheek which applicable):New B�illding Addition Alteration Repair Removal.... P Demolition XOther Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units . Number of dwelling units on each floor If garage, number &f cars'' i 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height ; .Number of Stories 1 Dimensions of same structure with alterations or additions; Front Rear•, ..- Depth Height Number o /8, ri%s ; ,!_1 _ e construction: Front Rear `-' Depth 8. Dimensions of entire new on I p • �, Height trl0s= : 9. Size of lot: Front Rear Depth r-,,gibb :k ii �;u.�,`.;;y • i•., � i1 S.l.3v"u 12,01 G10-e 10. Date of Purchase Name of Former Owner 11. Zone or use district in whicli'premises are situate ; 12. Does proposed construction violate any zoning lair, ordinance or regulation? YES NO 13. Will lot-be re-' aded? YES NO'' 1'Wi11'�exoss fill be;removecl'.fromn preirii§00'YES`' NO l r' 14. Names df-Owner of premises " ! Address Phone No. Name'of Architect Ad&,ess', Phone No Name of Contractor Add>:ess .Phone.No. 15 a. Is this property within 100 feet of a tidal wetland or a fresh)vater:wetland? *j,YES NO * IF YES; SOUTHOL-D TO)AN,TRUSTEES &:D.E4C:''PERMITS•M}AiY, BE REQUIRED: b. Is this property.w. itlun'300,feet,of a•.tidd1bw'etlan4T*1YE8 NNO * IF YES, D.E.C: PERMITS MAY BE-REQUIRED! 16, Provide Survey, to scale, with accurate foundation'plan and disfances to pfopezty lines. 17. If elevation at any point on property is at-10 feet or below, must provide topographical data on survey. 18, Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A7•CQPY:-;. _ STATE OF,NEW YORK), , COUNTY Ol? } being dulysworn, deposes anQW4JRt�ius�tlie'applicant' (Name o�individual signing contract)above named, i ' Notary public,State of Now York _ No.01BU6185050 (S)He is the Qualified in Suffolk county (Contractor, Agent, Corpo�ate Officer, etc.) r of said owner!or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to&best of his knowledge-and belief;and that the work will be performed in the manner,set forth in the appllcatibn filed-therewith - Sworn to before me this day of 2�0UK— �-� `? N o t a r ftbtic ;Signature of Applicant DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL,CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERALREQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities&Temporary Controls 01501 Health&Safety Provisions DIVISION 1 -Page 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general, the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 DIVISION 1 - GENERAL REQUIREMENTS accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LENTLS AND SURVFXS A. The Owner's Engineer- A411 establish one (1)beneh mark and leeatien of the werk lines as rem=neo points fr#1, rte+ B. to hal be + ed by the Ge +r + All +1. .1 l �@��icircc—FrvimTJntnr-c be maintained rriruccv�rrvcixciZ-c�-cc—xxHes-, levels grades et shall be fumished by the Gontf,etor-f.,-....-. the r-ef points. Q Re establisbment of the r-efffenee points by the Engineer-for the Gontraete. -hall be dene at the(�entf eter'n u� �aiv �.vu�au . levels and dimensions as shevffi on4he > lines, -asiste-neies in the afar-ernepAienad to the Engineer- befef eefmnenekig ;cor4r Gommo, emei# of work shall be eerfeeted b +1, Contmeter at 1•.in e vvaiu uv�vi-c� expense—. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five(5)years. On request,bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C.,I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications,bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuanee of the final eeftifieate, the Gentraetor- shall deliver to the Ovffier- f 11 guarantees in addition to those speeifieally required ir,__the Gene 1 Co dit' ����iti c"ir-c-viiui�ivia� 1 in the various+ el, i seet' The Gont-Fac-tor-hereby guamntees that all materials and wer-kmaasl�p installed und B. respeetave tr.+ t to b new and of good n alit., ir, -<r-nr.-spent and to remain e for- DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS period of one (1) year- or for- longer-periodsso provided for- in the Speeifieations5 from 1.aly lll4t\. of 1SJ Ci , G. Should any defeets develop in the aforesaid work within the stipulated periods due faults in materials and/or the Gentfaeter-her-eby agrees to make all repaifs 7 ula�nd do all neeessary „rc to eorr€Et the defeetive parts.---Sue rrepAxa-s and earreeti v e work, i-nelaading the „s+ of making good .,11 +1, work damaged b +1 � 5 uaulula� �vvca-u 'lf-ete d by making Vf the +,. work shall be done :41.....4 any st expFapse to+1, ,d at t entire cost and e)Tense of the (''.ivff.eto ,i41.i... five-(5) .. ,. /C\ r 7 as Val L31\+l+V� r' days aft ; t^ +�rAraet r The .. mor m have the work dene and ehar-ge the eost the-feof to the GeRfxaetor- and/or his Sureties who agree to pay the ovffier-the eost-4 PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 -Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE_OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM 1 —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3—RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities—Electricity, lighting, heat, ventilation, telep one service (itie, ding fax maebi e),water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECT-MCITY The Eleetfieal Contraeter-shall be r-esponsible for-pr-oN44ing and paying for-the temporary ele power fer-eenstFuefion to an established point pr-eximate to the eenstruotion area. The temporer-y shall be insta4led YAtbin 30 days of the award of the eentr-ae4. The Eleetrioal GofAraete shall be responsible for providing temper-ar-y eleetr-ie power-to a4l trades, for-the dufation of th-e prejeetr TEMPORARY WATER SERVICE A. The GopAr-aaer shall provide tempo izviee for-e0fistfuetion PuTeses, sapAtM f edit en,fire eteetio and for nlnnn�na_. B. Potable water shall be Runished for construction personnel by portable containers. C. Water sen,iee; shall be pr-oteeted from freezing, and the sefviee shall be extended releeate as ry to moot temporary water-requirements. work,water sefviee during the eourse of the and k es ro YTLLIi�r-e f v temporaryaatu un JI+l V 1V V E. omply �A4t�, a'�1}c-able—cedes and er—for- --..—_, ,.tio and appy T Upon eempletion of all work, the Contraeter- shall disee..neet an r-emove all temr,ofar-y TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. ' B. Protect site from puddling or running water. Provide water barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION 1 - GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants,free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 DIVISION 1 - GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 -SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS-DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222- Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2-SITE WORK SECTION 02050—SITE DEMOLITION& REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood, metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required-to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2 - SITE WORK SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including,but not limited to the following: A. Environmental protection and silt feneing QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION, A. The Contractor shall,visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area.of existing utilities-so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The.Contractor shall exercise diligent care,to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 - SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean u and remove from the site all rubbish and surplus material p as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches,In depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted,at the direction of the Engineer. H. Where cuts expose or�affect root systems of trees, the exposed roots shall be cut off DIVISION 2 - 4 of 8 DIVISION 2- SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2 - SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall''be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2 - SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passing 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 -SITE WORD The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911 —TOPSOIL DIVISION 2 - 8 of 8 5 , SOUTHOLD TOWN ENGINEERING PROPOSED SILLS RESIDENCE ' DEMOLITION PROJECT G R E E N P 0 R T Town of Southold 1000-45-5-3.2 AS NOTED AUGUST 1,2017 9/1B/17 WWI � f -------------- - 1 The Contractor shall receive the lump sum price for the demolition and removal of all structures DEMOLITION PROJECT NOTES: located on the property in the area indicated on the site plan and the removal of all trash and debris generated in the course of demolition activities All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications The items to be demolished include but are not limited to the following Removal and disposal of a two-story wood frame single family structure with partial basement Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2 All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily -All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer DRAWING# Removal and disposal of all miscellaneous and assorted debris in and around the residence shall be included in the price bid for this Item Any and all other minor items that may become apparent during demolition but are not specifically referenced above. 3 The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies A seeks and receives approval from the Engineer priorto performing the work. STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ® Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: © New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-600,1939 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: Southold,NY 11971 ❑ Tribal Nation ❑ 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 X❑ Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/20.16 TO: 3/31/2021 contract;Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: 0 State ElFederal ' 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: 0 Attachment A: 0 A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants N Attachment B: 0 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) 0 Attachment C: Work Plan N Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 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 theii signatures. CONTRACTOR.- STATE AGENCY: -NYq,' dpartment,.of.State, 53095 Main Road One:Commerce. aZa -Sout4Qld,NY1- 11971 99,Washihgioh;Avenue Suit& 1010 Ai bariy,,.N-Y-, 12231. IbAn bl,. a - Printed Na"ffi­d­. PrintedN hffi6 birodor bt fKantlai'Admlnlstrptlon A., ate:' ST TEZ: �NEW ., AT 'OF 'Y ORK COUNTY OF 5�:!: ... .. e�ore:m ed .6; -e oft, ir day,o#' I' `b du1­ -y'A--- ysw9m 49: j.did t®r *Pdser e hd,x dj�§"d K•. Yn Of 6e,conttaotor X V 'h li! er name d6scribeid,herein which executed th-`f -f'A - � .11.1 -1-0-' a- p� ppegqmg.jnsf.,tuiimt k" asidr'CqnUq0t.' 4gebf LEA.,TOM AREWSKI NOTARY PUBLIC= ftAT' R Af N IT 57;1 m -., ,ATT�q EY�,Y Q.E.N E us S �,.,-U .STAT- E-C 60TP-h oys, Title: Title: -2 Date: Date: hn e ,kd!��-j m Contract Number: 9CI000970 Page I of 1,Master Contract for Grants-Signature Page .1 ;i 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). .I 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,4 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 ofithe 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, ass 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:#C1000970 11 Page I of 25,Master Contract for Grants-Standard Terms and Conditions I�r 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 I.B 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 1(V). Contract Number:# C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court.of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-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:,4 C1000970 Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated .in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law,the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be'null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under Contract Number.# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The 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:# C1000970 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. H. TERM,TERMINATION AND SUSPENSION A. Term: The term of the Master Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: I. 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 ofthe 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:# C1000970 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:# C1000970 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:# C1000970 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 11-A of the State Finance Law to the extent required by law. 7. Article 1 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 I 1-B of the State Finance Law. ' Contract Number:# C1000970 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 I equested 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:# C1000970 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:# C1000970 Page I 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: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 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:# C1000970 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 in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# C1000970 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:# C1000970 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:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions i I Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of$100,000 prior to giving written permission to the Contractor to enter into the subcontract.' All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the'subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire(Questionnaire). " 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as Contract Number:# C1000970 Page 16 of 25,Master Contract for Grants-Standard,Terms and Conditions i 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 Contractor, 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:# C1000970 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:# C1000970 Page 18 of 25,Master Contract for Grants-Standard Terms and Conditions i (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non-personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State', for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts,the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number:# C1000970 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:# C1000970 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:# C1000970 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 3.12 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii)employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine,whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 (Ul) 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:# C1000970 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:# C1000970 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:# C1000970 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the Department, unless otherwise authorized or directed in Contract Number: #C1000970 Page 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 i Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement,the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of`the State of New York may cause to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the "defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without ,this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor,agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-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 wm ork 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.goy/i)ortal/public/SAM); or (3) fails to possess requisite workers compensation and disability insurance coverage (see http://www.web.ny.gov). In addition, Contractor agrees that it shall immediately suspend or terminate any subcontract entered into for the performance of work in furtherance of this Contract if at any time during the term of such subcontract the subcontractor: (1) is listed on the New York State Department of Labor's list of companies'with which New York State cannot do business (available at https://,dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (list available at: https://www.sam.gov/i)ortal/public/SAM); or (3) fails to maintain requisite workers compensation or disability insurance coverage (see http://www.wcb.n . ov). Contractor agrees that any such suspension shall remain in place until the condition giving rise to the suspension is corrected by the subcontractor. The terms of this clause shall be incorporated in any and all subcontracts entered into in furtherance of this Contract. 2. The Contractor's use of subcontractors shall not diminish the Contractor's obligations to complete the Work in accordance with-the Contract. The Contractor shall control and coordinate the Work of its subcontractors. 3. The Contractor shall be responsible for informing its subcontractors of all the terms, conditions and requirements of the Contract Documents including, but not limited to the terms of the Master Grant Contract, any and all Appendices, and any changes made by amendments thereto, and ensuring that any and all subcontracts entered into in furtherance of this Contract conform to and do not conflict with such terms. 4. Contractor shall file each and every subcontract entered into in furtherance of this Contract with the Department of State no later than fifteen (15) calendar days following the signing of the subcontract, unless otherwise authorized or directed by the Department of State. 5. Notwithstanding the requirements of Section IV.13.2 of the Standard Terms and Conditions, the Department reserves the right to require, upon notice to the Contractor, that, commencing from the date of such notice or a date otherwise specified in such notice, Contractor must obtain written approval from the Department prior to entering into any and all subcontracts valued at or below $100,000 for the performance of any activities covered by this Contract (as provided for in Attachment Q. Contractor agrees to require any proposed subcontractors to timely provide to the Department such information as may be requested by the Department as necessary to assess whether the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing the work. In the event the.Department invokes this right of prior approval and a request for approval Contract Number: #C1000970 Page 3 of 20,Attachment A-I —Program Specific Terms and Conditions is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE requirements as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor, and construction contracts involving not more than $35,000 and purchase contracts involving not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as,set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://osc.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https://I)ortal.ose.state.ny.us. For direct VendRep System user assistance, the Office of the State Comptroller's Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk(Qosc.state.ny us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the Department of State or the Office of the State Comptroller's Help Desk for a copy of the paper form. 2. Contractor hereby acknowledges that the Vendor Responsibility Questionnaire (VRQ), as described in Section IV (N) of the Master Grant Contract, as well as any updated or amended version of the Contract Number: #C1000970 Page 4 of 20,Attachment A-1 —Program Specific Terms and Conditions VRQ submitted during the term of this contract, or any contractor responsibility information that may be requested by the Department and submitted during the term of this contract,,is made a part of this contract by reference hereto and that any misrepresentation of fact in the information submitted, may result in termination of this contract. During the term of this Contract, any changes in the information provided in the questionnaire shall be disclosed to the Department, in writing, in a timely manner. Failure to make such disclosure may result in a determination of non-responsibility and termination of the contract. I. State Attorney General Charities Registration In accordance with the Estates, Powers and Trust Law § 8-1.4 (s), the recipient certifies that it is in compliance with the requirements of Estate, Powers and Trusts Law sections 8-1.4 (d), (f), and (g), regarding organizations which administer property for charitable purposes registering and filing periodic reports (together with the appropriate filing fees) with the New York State Attorney General's Charities Bureau. This certification is a material representation of fact upon which reliance was placed by the Department of State in entering into this Agreement with the Contractor. The Contractor agrees that it will provide immediate written notice to the Department of State if at any time it learns that this certification was erroneous when made or has become erroneous by reason of changed circumstances. J. Records Access The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for reasonable time following, issuance of the final payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and records'in a manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Contractor shall maintain separate financial books and records for all funds received through the Department pursuant to this Agreement. K. Notices Pursuant to Section J of the Master Grant Contract,notice hereunder shall be addressed as follows: 1. Notice to the State Name: Laurissa Garcia Title: Contract Management Specialist Agency/Division: Department of State, Office of Planning and Development Address: 99 Washington Avenue, Suite 1010 Albany, NY 12231 Telephone Number: 518-486-9540 E-Mail Address: opdcontracts9dos.ny.go_v Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor 'Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russellna,town.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 lime 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 1,5-A of the New York State Executive Law, as amended, authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A. Contract Number: #C1000970 Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the "Contractor" and the "Contract,"respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York -State Certified MWBEs found at the following internet address: https://ny.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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/FrontEndNendorSearchPublic.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: #C1000970 Page 7 of 20,Attachment A-i —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: SSC 1000970 Page 8 of 20,Attachment A-1 —Program Specific Terms and Conditions 4) The Contractor's EEO policy statement shall include the following language: i 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: flC1000970 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: #C 1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions r 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://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, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses,and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect, the Department of State(DOS)has implemented a Veteran-Owned Businesses (SDVOB)Program, as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained,a quarterly SDVOB utilization report should be Contract Number: #C1000970 Page I 1 of 20, Attachment A-1 —Program Specific Terms and Conditions submitted to the Department with information of the utilization percentage achieved during that quarter. Contractor Reporting Forms are found at: https://ogs_ny.gov/Veterans/. 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: VeieransDevelopment ,ogs ny og_v, or the DOS Division of Affirmative Action Programs—SDVOB Program at Maria.Hermanna 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.pdf. Contract Number: #C 1000970 Page 12 of 20,Attachment A-I —Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: I 1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. 2. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. 3. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Attachment C, the Department has made a determination of eligibility of funding for Contractor's project under such Act. 4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects 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 forbidding. 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 Iicensed architect or engineer. 2. The State shall make periodic inspections of the project both during its implementation and after its completion to ensure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. 3. The Contractor shall be responsible for ensuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. C. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents,reports, and maps the following: "This (document, report, map, etc.) was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self Insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. , 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, 'or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor i& self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse &underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number; #C1000970 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than$1,000,000. .E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety(90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. I. 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 prcjLt, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: a. Map,Products and Supporting Data-- The Department requires delivery of digital map products, including all associated GIS and/or CAD digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog map products are.required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT ,REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as Arclnfo/GIS coverages or CAD files on the same media types upon approval of the Department. All other digital formats require prior approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. c. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums,used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure". d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then,a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor,U.S.-Government Printing Office,Appendix 6. e. Datums and Coordinate Systems--All map products'should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the 'same coordinate position of that feature in all common layers. c: Point Duplication--No duplication of points that occur within a data string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth(.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media--All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department,where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map,Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT' quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C 1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format- PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review L 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 N umber: #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1—EXPENDITURE BASED BUDGET I ' A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other '$245,055.00 . TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458:00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A. SALARIES (including fringe benefits — Title Salary Amount Charized to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedes ian Lumber and associated hardware for boardwalks • • $29,178.00 bridge ..................... ...................................g..... ,observation blinds kiosks timber guard rails.....pp............................... .;.................................................................$16,050.00 Safe supplies,work gloves,trash bags and tools............................ .$705.00 ............................. Crushed bluestone for parking areas........................................................................$5,000.00 Trailmarkers......................................................... ..........$225.00 ................................... SUBTOTAL $51,158.00 D. EQUIPMENT Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos.............................................................................$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 i ATTACHMENT C-WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks,and educational materials within the project area including a newly acquired open space parcel.Dilapidated structures and septic systems will be removed and the area restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage.Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport, and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound,restore habitat, remove invasive species,and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails,boardwalks, observation blinds,new and restored parking areas,restoration of the Sill House site, daylighting and habitat restoration at Moore's Drain, educational kiosks,a new footbridge,maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs,and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed,constructed, and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc.)was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products,clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product.In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products:two paper copies of each product. In addition,all final products(including reports, designs, maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format-PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name,the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department,and comply with the requirements for Contract GIS Products. • Electronic data for all designs,drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented.Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners,and any other appropriate entities shall hold an initial meeting to review the project scope,project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements,MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project,and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor,or a designated project partner, shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed 'prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a project advisory,committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county,and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals(RFP) for each of the four(4)services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results, a schedule for completion, MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in local papers,the New York State Contract Reporter,and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget;and, s Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is required. The municipal attorney,chief legal officer,or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for review"at appropriate stages of product completion,a payment schedule with payments tied to receipt of products,and project costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name and area of responsibility,firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners,as appropriate,to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps;and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach,as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost estimates for all construction components, including trails,boardwalks,observation blinds,and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer,architect,or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer,architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state,and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary. Task 4: Environmental Quality Review The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made,a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary,a Draft Environmental Impact Statement. Task l0: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state, and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s)shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks,Recreation,and Historic Preservation or the State Historic Preservation Officer;and, • agencies of Suffolk County, Southold Town,Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees;planning commissions,boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use,and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed.Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances, a new deed is not issued,but instead a statement of death.The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds, and parking areas within the Project Area After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s)shall notify the Department monthly(or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s)shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming,deadfall removal,and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test& Remediate Contamination, Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system,and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition.Install premade aluminum footbridge.Reconstruct existing parking area and installation of two (2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during,and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage dumping sites'in the Silver Lake area,mapping of invasive species, mapping of trails, flora and fauna surveys, monitoring of clean-up process,organization of volunteer clean up days, invasive species removal,and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters)and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced;subcontractors needed(printer,graphic artist);number of items to be printed or signs constructed;distribution method (utility bills,schools);or location of signs or kiosks;and,evaluative methods and materials (coupons, surveys). For designing and developing a curriculum and text for printed materials, subjects to be covered include: the target population; overall theme; goals and objectives;subject areas to be covered; method of presentation (classroom/laboratory sessions vs. field work/laboratory sessions); potential vehicles for presenting information (printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.);equipment purchases which may be necessary; and,existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 17B: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s)shall develop concepts for the visual and written messages of the proposed education,outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the concepts for visual materials and text,the Contractor or its consultant(s)shall compile a graphics package including text, color selections,maps,photographs,and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the Department,the project advisory committee, and other project partners as appropriate, the Contractor or its consultant(s)shall hold a meeting to review and revise the concepts and graphics package,and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee,the Contractor or its consultant(s)shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s)shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education,outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education, outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed,fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area. A copy of maps, surveys,and public outreach materials created;photos of events,clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes,tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part I, Section M,Paragraph 6, Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State.Upon such notification by the Department, Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department,the requirement of Attachment A-1,Part I, Section M,Paragraph 6 for paper filing of Quarterly Reports shall be waived. Technical assistance.for use of the NYSCS system can be obtained through the NYSCS website at https://nnewnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s)shall submit project status reports semi-annually(every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department,and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers,and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed,constructed, and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract#as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). .• will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design, site plan,and preconstruction documents.Department approval must be obtained before construction may begin. ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language(if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: J. Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C 1000970 Page 1 of 4,Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ 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. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report,and a final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: #tC1000970 Page 2 of 4, Attachment D—Payment and Reporting Schedule f i i { B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 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. l Contract Number: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule i TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DA'L'E Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31* *Due every year during the contract period, as amended. Contract Number: #C1000970 Page 4 of 4, Attachment D—Payment and Reporting Schedule f FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter-the total number of employees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s)for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group.The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. - • GENDER Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ yU, _2"':"' :r 'i `q 5:'e°• `�s,r. .Ca ''"°',r..a-•° 'e u:: ",�' 7;<`>t:" ..:;,., M"r..'<:> �aw•Y,i�" k';&::' '`�xi, ,Y'`'K'";. ,,«}� "�-,�'=.^:eJ•4<::`g'"'..:.. �# '#-F:i.p�".�:a7 rr%.ri.'''�� "�" o,r.s,i'^'",-:�'{}n#: '"'P�•n" ,;„t:'".!%i' + . _ .r •'t' •rq rU:,} ts�,ti.' '.k.. ;, q ,.. �i^"k "Eval�ua. � 1:`rlf��e:ta ,4 'x'_ • ,s;<� E,«�t£t: h',�� r: '�,�� e'�(�cr.. ��j' r.�„;;:..,, tka„,5 .Rab Q{. C'... �;z�- .;4.;. s.. °�:,R' ,�.,�7a•.��,. �,.. i.. � .',}” =E`" •9�,' :'"-•.� i'f'ie:�s� :T;m.• ,'-t_.kt- M,as;ri,,;�,:(�..,,•,�'^>'�: 'as,°%� �"�,'.t=:p� .� i.-.,-«�-.'-.rr':`"`�'.;t =;}, .zi:+i . @``',£'lfaa;. y'�.`r. F� :?'...„k; ,'•�T�'�:.Py �.;�J o- o✓-.`«�°y^g..: .!:� .r•.:?'4^YS^�«�''. � 9.i."r Y°;.�Rq `4-: ,3”. u+4=r t��..�as�.�', �:' �:��•Cr'.s,.=�. ��s�r�� .�'��.a,• •F�.x ,:°;. ':z;�x"�' �..*:� 'u;v� r '�*. TECHNICAL PROPOSAL ' Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. RELEVANTEXPERIENCE Experience with similar projects. .IMPL EMENTATION:'SCHEDULE Ability to complete the project within the required time frame( months). COST PR(OPOSA�C' ;,. .4 ,, .. . _, , .. , .. � .., •. Projected project cost($ ). TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation aL't� '�t 34$$'ai t a 'r'�¢ '°""s:�"` .$v "a i a'r»'"�,. S'�t�""y r u�wk.r � �✓° e rW'-. ' $y. 'ri. �.R _':.1 �1 ;A�'t �'yy?���a:,ti�.�.r ,�� o-°�i�� !•'ak�a;,,.a•�m aaa•e t;�t'4 ASF �J` "�,Y-, �?�l`.,�' �- ,•GSA W`� �: ..�yy°A'��t '. . }.=�'k� q :'?_r �. { .: 23 bb.'d.3..t {» i .C d� �._f5�.�. +q�t °.:.•�.A �'"". Sys .'.�r $;-,��✓:.:_ «:;:'''4. .,i _ oy� '1`'i�.'.- ��r,"d_"t r ..�....� ;}+ _ -•.. w�'S;,'".,-.w%�a-�'fiQta�g y j',e:; �r'� is ,iar ^°•r ,Ps:=e� :"�,=;,i�'t•a. va'r.^ 4_ .vp-ffl:'�`' 'NiS'" ;.,igY.:'rS' pYY P '�,i: r':�,dY v�;y;; `,C y�'": q �s•°.' `. *5.. 1,':t"t�� A.•, �? ,r :s,� a5z.s, .n '•k.• .^.{`. ��j_'= ..:b• _ :v_4%ar.:; .y°:'',;,.• '•'`"�'°'.'a.a" r�,; t° ,i r„e.. ",ett,?:, ��??yy ,rU:. 's"�.e.. '.:. �,. •4,. r� .+.�^�:�[v'.7. -':;P`r r..ts.:t�q.. t ^S:r'ti�%�s`��:�;,.'1„�"Hw( ""�^.�.Y.`t •=',r, ;;n 3�'(�C Pf,�:.v., •i",`':'.w�%txl',':"5��..M'i: � �77 k.r`a.., U",�if=tir 2 h -fci�'. �,.�^%+�"�� z. :;5.„. ;:'tvH:..re.a't^ .:wt�.'�. „.tr.�... �' '..n°«..., .-K�tl:",•F'z�i�: r..>=.w'«�.,..s4�;�.,.E`` �,"3.� Additional Comments: Reviewer: Date: Ratings: 5-Outstanding,4-Very Good,3- Good,2-Fair, 1-Poor 11:16 AM Brian V. Klug Landscaper, Inc. 11/28/18 Profit & Loss Accrual Basis September 1 through November 28, 2018 Sep 1 -Nov 28,18 Ordinary Income/Expense Income Construction 53,434 87 Interest 6230 Total Income 53,497 17 Cost of Goods Sold Dump fees 54.31 Materials&supplies 3,96073 Subcontractors 5,400.00 Total COGS 9,415.04 Gross Profit 44,082.13 Expense Books&Periodicals 5500 Contributions 600.00 Equipment Rental 14936 Gas&oil 2,392.55 Insurance 8,80045 Medical 679.63 Office Supplies 166.09 Parking and Tolls 2500 Payroll Expenses 10,499 84 Postage and Delivery 1790 Taxes Federal 3,701.78 State 1,29861 Total Taxes 5,000.39 Telephone 236.93 Travel&Ent Meals 244.89 Travel 1,193.05 Total Travel&Ent 1,43794 Truck Equipment 799 59 Utilities 584.73 Total Expense 31,445.40 Net Ordinary Income 12,636.73 Net Income 12,636.73 Pagel i 1 TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK l Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 November 8, 2018 (631) 765-1560 is ®; FFOt�ell Y SCOTT A. RUSSELL �o� ;, ri JAMES A. RICHTER, R.A. SUPERVISOR C4 MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD w TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 Fax (631)-765-9015 MICHAEL COLLINS@TOWN SOUTHOLD NY US _ JAMIE RICHTER@TOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page ! of i PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. U TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of Southold Demolition Permit One (1)Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C 1000970 Form B—Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all.bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including. all other expenses incidental thereto. (d)Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation,or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to-Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. The sueeessful bidder shall be Fequir-ed to e-xeeute a Pedonnanee Bond eEival to one hundred 00,0,'o) of the amount bid sueh bonds to be exeeut�d by a New York Ree ted eanier4twety eempaff with an A rating or- better from A.M. Best & Co. and aeeeptable to Bond shall be wFitten so as to remain in full force and eMe4 as a-maintenanee bend fi3r- a pe of 11VL 11.JJ uauir-one year of final of . The sueeessful 7 award,upon failure to &xeeute and deliver-the bonds required v4hin tm(10) daysafter-the date of notiee of shall ferffit to the Oyffier-, as liquidated damages for surah fai or-refusal,the sceufity deposited m4th Ms bid, and he will be liable for and he agrees to pay to th Owner- on demand, the difkrenee between the pfiee bid and the pfiee for- wWeh sueh eontrae shall subsequently be r-e let ineluding the eest of sueh re letting less the arneunt of sueh dope, ' No plea of mistake in sueh aeeepted bid shafl be available to the biddef fer- r-ceevery of deposit or- as a defense to any ae4ien upon aeoepted bid upAess said mistake ean be proven by deeumentaiFy cnceueccptccrnctor-crnTo-vcrr. After- approval of the bends and fflEeetAien of the Gen4aet and aflu ten (10)pereefA of the wer-k has been plete.l the bids fity g the bidmill be r-etu..o.l 1111) l/Vlill 1+V111FJ11+Z.v , IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest,taking into consideration the reliability of the bidder, the quality-of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities'stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants_ and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LLABILITY 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,NANIING 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 ;�:�-'•:•r--f,.;"--^<.�•.d":c�'+%. .�':<`--.,mss.'.',,^-H �v'Ssa - "3Y'�"� M.t=:;.+�,", -u,y.E%' _.';:t:q-�:.:;k w=`�Y F"'n? �"F.';s:^`: ",�..�R`24',4"S•Y,':`� >,Y':'}a v�- :• - gip.r.« ',z..;:. -„a ...-, 'K':`?:,: +t`L`-..'"-.. "`.`.' a+ n xr. ''7'�« _ � •-:�{_��:=;Descri'tion:of�o.°�er_ations%lghcatons�efc?�=B�:oxamitsf�in'elude�tlie=statement:r �<�..:�.•.�so`�;- �=�;r.��=n • ..E§";� �, ,,rrr ,:3�, '�=.-:a'i., ''vT.'!'�'ri;.,' :Yx,;.,'e4Y;Yr `:p..,_..: ,;�:' 'ii. _ '.z:: ,r.M�:. ., .i P, .,er" "<,?';x:.x' .y.-, •�',�°f � >r '� ,_✓.. ,.�...,� �n..r� ,,�,.�v% ,.'�,y�,° =yTHE TOWN'OF SOUTHOLD.ISLISTED_AS-AD.DITtONAL INSURED=ter}� ...>r ,3,.. a CERI'FICATE HOLllE SHALL BE:ZSTED:AS: $`":r'` Ni Nts.' ;t?''y' .;v.,;o., �3 u31.'.:.;' r':va::': ".S', ,41•>;tc`..;_ 3`• ":;rS C';."'`P.'R,,,�,:�).aye.r,"„.yH,i`=ni�"yk,z:a7.#'.,.,.�:'—.:�.'i5'i^�{-:,`+}x,s;-°�,',L:r.i3,p4.�4."d�7itwrt�e},~.'ad�",.`'.Y"iiJ;`"•:+„r•.<6 TO_W':A`„„''N c"`E,^EO�C° :•::sS;`�:OL;K;4Uk.:'T�.:`�Hrs.:aO.�arLD� ..a'.;.;..3P'{�3N�"nr'.�:i�''z,:�a�.�,�::.';:.•sj�•�>,.�',-`_'_E�,&�i;r1�'..'��i'i�-`,'•_�:.,�;r”:'«.:a<..��-";• +',+"'£;i;:s:�m.ir#..tet_..,,,�,,,yit�w.,a,-;,fik�f'z�.���i:`N'';^�w'. r4•r3���.�;'2..'��._ � ,;:lt«,i =s, :=s rt�Ft' •.i•4 :�`', � �'�L... K�' •.,i..: _i-"��t'�'...•zr',7:;„R�'!:,r,:x.. 4,-z.. �; '�Tv"i*;�.. ..�'��'24'�„� ,"�°Y: t,F r''S`r" '�i?�;. �� j� rf•.iY;t fi�:.�:;r” _:3 '�,��n,` ar't.Y:.:g. .t..+}g�thi ,,,,aed,� :r."�. #%i z. .:i^� 7, �7�;�:..>s a`: �:� <�'• ,sY:St:'� -t���„'.i;r+` a, �_ A,:ti �" ,..1'sd`,.::.�w'4 .�'+a.' �:fri�:yil.� . st.;. �•4z ,.tr•:,r�i.;;''. o-Y. ',. bx:.. - .p m'a= '�"� •'�':'-7»':�F S.�;+:}'�2'„�: ..y.<c :ri.'..in.•.ds,.,..<,:,�s:��,:.....;:3':ssl�t:wdc:..'.S.�.z:.�dM;. .w_..«s».> ,.:.saev"ae.:,_>4��:Yiz.,e.,.r_psi..•..`s..S.aw».:'.:u::i.....«�.L.:::Si:^::,,:z::=:.:..,..,.t�.iLiY:...::i'+t.:=.�.wt..,-:.,°� t...,.w..,d�dl"�a 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 Offiee&Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers, Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC- 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board,Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, , and all supplemental agreements made or to be made. CONTRACTOR: The parry of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant,labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC -2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary,to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent,data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right,before execution of the Contract,to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work,without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC-3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S.Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC -4 GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards)with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Acceptanee; of the eetytraeter's per-formanee bond in lieu of the Gontfaeters read Opening bend s be .,t the eptio of the Highway Tlo,..,ft. ere 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 7.1A. 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 fiunished 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 GepA,.a,.+,,,. shall provide an f e tFailer for by the tewp and its r-epfesefttatives. The trailer shall be elimate eontrolled and have a elean plan table,–desk and chair- pr-evi deainside. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which.shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners,Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials,being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative;that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall,in the opinion of the Owner,require repairing,replacing, or rebuilding,the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days,after the signing of the Contract, the Contractor shall submit a proposed program of operations,.showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to pen-nit 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 famish 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 Wipes 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 io. Contract Seeur-hy 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 Properly 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax CC- 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his,their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed,Required, Approved, Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied"', or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work,as so ordered, shall be determined as follows: 1)By such applicable unit prices,if any, as set forth in the Contract; or 2) If no such unit prices are set forth,then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor;or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance,-insurance other-than Workmen's Compensation Insurance, materials used in temporary structures; allowances made by the Contractor to subcontractors, and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract-work shall be THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order,the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAY'S 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. Bond,10. CONTRACT SECURIT-)-,' > equal to Onehundred pereent 0 ) of the amount of the bid as seettfity fer-the faidiful perfermanee of th Gentfaet, and for- the payment ef all per-sons peiferming labor- or- fumishing materials M eemeefien Aith this Con-tr-aet. The Per-fomianee Bond shall be written so as te remain in full foree and off-eet as a maintenanee bond for a peried ef not less gian one (1) year- after-the date-of IAV VVllLW 1VV of the work ZJythe 1CiGT. I CC -4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond! if at any fifne;the Owner-shall be or beeeme dissatisfied with any stffety or- sureties, or if far-any other-r-eason sueh bond shall eease to be adequate seeufity to t�2E !l cvnnuEt6r-sh lull v five (5) days after- nefiee fiem the ll.� er- to r o so, —vtivrr��-the �t�2i?rrr�-�l�Taup�-arccrzx" , substitute an weeptable bend in su& fenn and sum and signed by sueh other- surety as may-be safisfaetory to the Oymen The. E sueh bonds shall be made until the new surety shall have been qualified: 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive.Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC- 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 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's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the De"f""nane� Bond 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws, of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS, All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work,,the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC-9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be fin-nished 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 f I G (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 personior 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 I 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. I - CC - 12 I I 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 4 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 i CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT i If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or i (b)A receiver or liquidator shall be appointed for the Contractor for any of his properly 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 r 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 i 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 i f 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 I 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. I 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 "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE!! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. 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 9 VENDOR NAME: 0,[A W S1+ewe( k, VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. V// PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 2®2 -7qq &a-2- OR ®a2OR SOCIAL SECURITY#: DATE OF ORGANIZATION: ��� 605 IF APPLICABLE: DATE FILED. STATE FILED: �{ 2(c• 2.0�� If a non-publicly owned Corporation: CORPORATION NAME: 0,W W &A--e�,,,3N-, �d1G LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) 1 19b+O-bi Oo4+)er Jo=e & nlg1 LIST OFFICERS AND DIRECTORS: NAME TITLE I Lj i Cx� . � �� V 1 L.C. Tre i CJ-e. + If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ( �A S =n n C , ADDRESS: . 0 —k�®X CONTACT: (A C cn J. ��'��i TELEPHONE: FAX: E-MAIL: b i d(@c m(ns i 4'e-u,3 6f K .Cs rr, 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 9 VENDOR NAME: ld� at4eWo(- F �1:7nC. 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: 0 /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 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 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person sign in th' i , der thepenalties of perjury, affirms the truth thereof. Al,ei� SWORN TO BEFORE ME THIS �Si�gnatu`re`&Comp Position `6 U L L 0.(h , . ` C�`�Gt'J1 VP 1 2i S DAY OF 20 Type Name&Company Position Company Na7e NOTARY PUBLIC Date Si nedl CHRISTINA PAPANO FNNTARY PUBLIC,STATE OF NEW YORK /1 O 1 ' 1 g L4 �,?J 2- Registration No.O1PA6371009 Federal I.D.Number Qualified in Suffolk County Commission Expires Feb.209 Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: VENDOR ADDRESS: . TELEPHONE NUMBER: �;G -36 5-D FAX: (� I— 2A 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 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 00/ 2 SO 00 for 00 WOUS141J& ()IJE 111UAiAf-h �FW 14WA 400 /LS Dollars Cents Demolish Main House and Dispose of Debris 2 , folr kkaR/ WETNOUSAW&OWE Q�uMULA AF7�I/�D�S100 21�95C� o0 Dollars Cents Restore Property with Fill and 6"of Topsoil /q 3 1 for EiaHT Ti4ous.jk#jA ANO 0%O S 81OO 000 Dollars Cents TOTAL BASE BID Items(Add All Items) Taig.N TwolaousANO (WF- gmjihi t 1� ifs Aun °O/too. 32 100, 0O Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME 1 i G'Q,M gbcub i TITLE V je . DATE '12, 1S119 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the 2;r6� day of bece- bel- in the year 2018 before me, the undersigned, personally appeared, �,9 ; �� ,N f -- j'► , 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. 0 t� ' &?'�," NOTARY PUBLIC CHRISTINA PAPANO NOTARY PUBLIC,STATE OF NEW YORK Registration No.OIPA6371009 Qualified in Suffolk County Commission Expires Feb.20, ?— Proposal Package 9 of 9 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: 1 ±am 111 a . b"Leo 1 A Corporation A Partnership or Entity FIRM NAME:, S� [ �n� . An Individual PRINCIPAL OFFICE: d . `-E>C--��k (02U , 12nru�V.- ao&o I W-f 11-110( PRINCIPAL OFFICERS: BACKGROUND TITLE \ NAME ADDRESS PROFESSION/TRADE �C��ir L'(�•Pl�'�_ Pa-�'C�v1 � H"�c.�-� Q/-�t,,.J��,-,2 J� /� ��� �eL2 b�f�sl � ��+t �M ��C=t�t 1e- AruCp Jl f� V —k) 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? 10D % List trades that you organization normally performs below: arj eNawc*b c-, 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 Ca aci x;11 P�T � P2- 5 (Ze n 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required Ltand complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: �A1A 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? c� QS-3 i f t 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. 1I 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) I Sworn to before me this day of ,2018 G Notary Public Commission Expiration Date: i i i 4 , l QS-4 f CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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), Performance Ben , 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 2018 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 2018 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.state.ny.us Andrew M.Cuomo,Governor Roberta Reardon,Commissioner OF Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.Iabor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC#at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us TOWN OF SOUTHOLD DEMOLITION PERMIT SsuFwt,��o TOWN OF SOUTHOLD tea° BUILDING DEPARTMENT TOWN CLERK'S OFFICE oy • �" SOUTHOLD, NY ?sol i� dao BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM #473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/6/2020. Fees: Total: $0.00 Buil in ector - t emo -Dwc 13 L ° _ __ _ _ �'.G+ _ .�'-;..>,r.oJ. :Z4g� C✓T'1'V"svrr S i — _ _ _ __ ' _ y� - iyy• nt' ����, ,S,r� �4�;`��;,<..::3:�a;,�:js�.,�r M^,�- e,_'�'`;_ '�;ti•" -� - 11E.- F- J _I SSU E D TD rr r D DATE ADDRESS •.� This notice must be dispi�ayad during construction and , returned ,to' - Building Dept.-k;ao get a, certificate of . : occupancy upon cormpietion^,,of work. fBUIL DING INSPECTOR'Sq.OFFICE TOWN OF SOUTH(JLD z r S®UTHOLD res 'P "�,'�' '•�'�'w.�>�:, t-. ,FY � `:,+' rim".�" ,.4• .. „ '�; _ -• ... •e- <�` ` 6wne,r- Al R VED AS NOTED J DATE: B.P.# �( FEE: BY: NOTIFY BUILDING DEPARfVEWT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH --FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. -- -COMPLY V\LIIt1AL_L_,4�uES NEW YORK STATE & TOWN CODL AS REQUIRED AND CONDITIONS & nA BOARD ffotM-, M,,EES RETAIN STORM WATER RUNOFF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. �3-� �t�t �•,c xf- y''� ,�dt y" 'T„`,.. p F r`q i • h W;IS g,+.�; '•i^ rs Y'}4t 'ts,!.—• t.v ♦1{41. M! .i b l� i=� ��.f S�� -�slt i`�I.X'YU'c<F..{�• r r ,y y., ca,b i ri' Y *� � �J-t l r.•t^ �. ^ t 'C+ '{' ; S;•�t.���'f���''„`''t'tl: �jwcY i,'1>�Y r� � .�?vt! t � ,'� S� " t .� aiai:• t :*sAr ��,• T rJ�y,5�t wt. '.3l 'k hyt t}1 _ �t s, � ,.r' `f. " ,fi'T�jx h.^•,>, t�,+ "t$, `�� `+4� fi? 7} }µ«r` t �,�u w' SSI' ,f D �}� y�. � '1 �L*�`•T !.t .i z � �i S�-y. ti 1{ t �> „f�d i'� ��++.L,.y+AR' .ict f f y�� s k. f•ti���t{ " +r 3.,�y ,�frrtJ tf>., /. 7ti• •s te>r' 1?!• 7 t - �, +ttt 1� t��_ 4'1T5��z" ,{c t} r t4 ir + 't,�4r r t i•,fli f tyT�CVt*!S`" •ny ttal t L r s t• 'i iV''sy tiJ4 +a r 'Sl 1 �t� ,.�/T�� �c»:C'''�fd iKj� �+ :��„c ��i�sst y �1•`�'' iJ �, �t�,7jgj.'i r'`t'rt'rFt ��'t�','itlt'��•�� t,�4 ;1¢��t�{k-1"�� � � � � . .jLs +� � xi�' Iti.� � a'n� � � +1• .4 ` '� 7 �St•a r. _l• � 1;•, Ey `�'�t�r 1 S � z *.. t `�-• � 3' > St S + i r'r T�f 3.zk- s't-i i' r, � � Ursa, Tw�'+� t'< 1 j% y� �l'��w*i n•th•5,1�,�,� � ���, ; +a 'tpt' t.� t ,t t� t ay �• i tirt�t:#'r .Fs '`£�� � ��'A r k t� 1'�...»*+t +�> a 1 ij, tr T 3 :t#a`k s t! j`, /'K� '��{r �t,�. !`f •.ttJ� +r w t� �• .7- ,,i .;.amu, �ti�} �y wr s t� � 1 •,'l, 1 .•t c� � � y t '�rrS t�lrL 1Ji f t�TySS !�'rry'd �� i`�`Y. S't'St,xt f'j _t- tVt ��g ��s lt;e`c�� it `�15r �I%'d k+ s�'``�•1 r pnl#;} �fti �t# 5>.i.i'»} �+r til�I.J:J'..;t;y,'�•+�� Y���K� •.•..••. r' ,-e,'s�•^, i �4i' ��F���ti�y�. '�s+t, t�' '� spi\.�" 3,t] r ,�" i i �i., t,.l,}c�`x o ( �.. � +..:hl, i'{�f � ` ` -a •'I'' ► - '� ,yy / z it� ,;{•} t'a.r�.k �irtlh� � sF-.,.,s, 'at� f"�l� ?'iS �•� q '.s� `_j^;1{dJ Iss��}� L t�f i �x,� '>+�"a` � !-;. / tr h .,�,r n 1 .a• 'tli� C t�y z •e� �Y: \jf +;�,s• � '4 r+ x .+,j '[ 1 ytt� t� �} `S t,'�#j� d �' e='� '•r+ i�A e,, .1. 7 't �'�t',s �,�y L �t\f t w'4 S"Sfi i; k A,.,,{ ,j, �ti•.,� �,,Sx 't j. .',� 7Y i�)t,•yf'• Y4,T.,i'+1 41i''"4-X F 't �"F'\d ,•5 { ? {S° t "f' J`t�+ A z � � 4j 'Y �tY�-1. � f.r✓ti•�x:� 1``4{ys5 �a r d rry fa�Y r rs �jy .1F''"T`J{' ."{, ••��,i`1� t n�^ ',Lfi t +' ' 1 �: �tS �i ,�it �yJ y` axt1 tc�JK�+1T tltr xt7Ut' !ti ' • t z',a{L ITS.. `,, " AJ St�5 �yt ,•• " r rve. ` J f i'^=r1< Txt Y •,. .�'� +1. : 5 k� ,(-f�.,. 1rt 1 ) 5 y.� �" tv }„. .+ } 6 .5 (•r a1 l + F as r z� li ty ;:4 ri +}' It �� •5, �? `�LAl1 "sj t�tYfty +'*.4a iy *1 �yiSiY^ 't C ti +�i k ,t.+ .r it kgs •� ti T t r'�r f A4* l. /`� 51 H t-4 1tA`Ljl. Ta{, � <3 a1i • • } St,I, ��ss.vyy..Chn l �* s•A S .. k..,T •SMLS RES• 1.•v `f�tx �t�yi• 'i. x � •.�, t,�+•T t �t „S e �., 3t 1 .I 1 t - N'•{ k:€"'8' � C s �1 ti'"1,✓w'S''I`t �* 1�s.,'+�+�titl DEMOLUION PR rt>�s r •.;T•A A*" ' .,� 1 .+2 �f't.,, {,,4y a '�. .rR 1�a, v}ig s�+.r•e,v }j Y �t1 f n3 ! �/s�Y 30 L �s. .ua +^i 1 t .i \ ! a vr.. + r ty�• 1 ���t<<`t''�� ,� r�tr:�y,�• «%'y�i � s.�1. ♦-t� i�:rx� �.;s•ti.���};�4 j .Y�� 4t� �� �}.y�t•-��t,.t�4yL�31 G�i F,� :"i. Vit` s'F r •y}t{s wt s E at ` •�+• t L>,.3+a�,�� r1 1 �i s l ,� "r +; •�At 1 r-+•'} -4? h ,'r r"rrt I '1. # a 7.k. "}•tt + tf`:z ``. i...' 'S^ .t i\ '`Y � j 1�• : ! .tib 1F1}1�t'7ds•� t tsrfill `^ '. � .{ , .:i` N� .,•t. t xy2'^,n �F L � ' v ti,+ t " t : �• 4 �`.�.1 tS. T {• ' + t rt"�J^.:L�is°Nt.-sr f W }� Al +;tS,t� Vis•i.. �f gyl�T ft.- r t r T \?«,,.z.�i r�. 5'E S4.',Y�t•.)t`it�`(a it * a,. t=1x .2;"ts `rI `+" , 12`. fi,€�- �.Y v .Y is • 6 S't`: FF f t r J.rt J 1 (7 1 # �•y �Y .rgg!j1;�II iii ,.✓`" C.t^�s � •+} ys q rx i c. lA�, J E iet 5 ! y* h X t t f ' A '` r.. 1000 t t �ARy . �.� �ry �.�•! la: 4 t, tt r� VAP ,•t C, "I] t • i L r�� + S� IJ +S� `.� '�" 7 `�'�f t��S`r!r'&�i g! � `tn .�� �wr� . r • .{c 4 '%'�• fy'j� �4 ta_ 4� 1.r�ny' 1 r .� +,,. y+' � "r t� st' �i '�-o Ste! F�.s2 � � �`.' • I `TS � Yi' t '�A`, ,ft T} f "k�JY 1 j1' 4 Y£�t� t"• t / � .� �,+ ��� ,�1���j,��! r,� *' T�KX4tia �t.'!,: T>-.*.�. r+ir t r 1'� 2t( J\� .�,�'.4�,,.7 r r tt+���i,f�yy►lila.•_ �,;�r,M��0' r ' _�'i � .y, j 1< ��.r•,k+` 'i +'1 t•.k�� a �Ta 3 '"�t L� `�: J;+ O t K�s�� ,� � +r?�1tw� ij�+,j �.�•`5 ti ?- r � Z�r `♦ti'M•,�.�J 7',e,, �r�`tc`,SqyCt',Q++. •,a i iT�"itv'[�'•'x�i;�,x�f',�'E' {+st{*#5 r'1�rI,aI;'jt;.t3t1�.,�,*��7^e."��v�,.il i#I:x�1�+7'�''�,.L.!!k''Tr•��ji{Y��tsF tt?-ry"7. wss '#s„�zV�'t��1A�rY'`.fsl.y`�r�,,`'*4���'}�:t ,.;'tlL,-1#��1 t�-,•�yt'7�'.�3.r�x,'.,wItV���r,•v}ydt'`YZt.�..'`{+f.t.,`t=„..'�yt'�4d�4t�4gr�Y � • r yrt'�u����it��Pt':-�ty i!•�c�J ZEut�1�'.{7!1.i���.,�ln,.'�''t�ly.,�ytAi 5z i-�j,�"15t�5�r 1A j'�+•�..�,�:,'+�*��v.�nitS�/,L�'-/^'�5-K1•`t.•'t,;t'' �� "��,.� ' ;ld "'�: *���'�� "',r�v,tz'r+ K-S i,�'q�:•. s Wt��r�.� ;5�,��9.•':.Y n •�' �ii1• "r�-C' is ���'�r �'r� �r� � � �af� `*F � �.fic x'4 ••t.���l 1 �,N7$i Y ",. 41'!�*-5'..Ai #7'�.�7M '*1 W*” C"}" "f 't §�G1'�v��(1 •,r`ti� f ,"'n' �„j,� �, l { �'yC�t r .K "'b €'"#,�f";+. `+>"` t+,li "'4•et .t a",.s y'tL`.x-,yt. r. �•. i r z'�'v ,S .t s i fix... S fby *-r ` »+ m i3r' S 4b�rf.. ...fh_ 'r+•.r' 5� 7 ��� � �+1 r • 1.�r { �yf ';u �a rS ('tFt 'tV ia7;> '.�fTsm•P.Z�rr� ��,-�`�+ :tr.'ts. •t�e�''.•�.....'•e,.�.:tHifi.�+':.,.�::,:v£��t��ere:t;•.�.t.•{£r*.r.�. C'`:1!!- `'_i existing1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property In the area Indicated on the site plan and the removal of all trash and debris DEMOLMON PROJECT NOTES: generated In the course of demolition activities. Ad]excavated areas shall be filled With clean granulated fill to natural grade and(6")Inches of topsoll as per the Project Specifications. The Items to be demo4ished Include but are not limited to the following: Removal and disposal of a two-story wood frame single family structure with partial basement. Removal and disposal of an disposalRemoval and disposal of two existing fuel oil tanks located behind the single family residence fees,pfety equipment,all labor,materials,equipment and Incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications andlor as directed by the Engineer Removal and Any and all other referenced above. 3. The Tntra ust adhere .the conditions of PERMITS and Is responsible for all coordination DepartmentNo extra charges above the lump sum price bid shall be approved or paid unless the Contr ctor lk( DWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST UILDING DEPARTMENT Do you have or need the following,before applying? Health C)WN HALL Yi 4 :Board'of It )UTHOLD, NY 11971 _. 4 seta'oftiildir}g Plans EL: (631) 765-1802 i Planning Board approval 4X: (631) 765-9502 z .. � ,..��1„ • -Survey'' mtholdtownny.gov PERMIT NO. I `t' Check • • , • ' ' --- - - � i � . . ;,, ,. S�pti�Form' "' • • N.Y.S.D.E:C,- Trustees C.O.Application - Flaod•PefnHt :amined ,20 Single&Separate "TrussIdentification Form" I Storm-Water Assessment Form proved ,20 i Mail`to:• ' sapproved a/c Phone O_J/ _7j�5 � O ;piration 20 U B' ' g ns ctor 0 C T 3 0 2018 AEPLICATION FOR BUILI l} GJ Pk BUILDING DEI'T. ,t, TOWN OF SOUTHOLD - Date _ - __(J/Z, , 20� IN a. This application MUST be completely,filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plans, accurate plot plan to scale. Fee according to.schedule,,__ rr'' - b• Plot plan showing location of lot and of•buildings on premises,relationship to adjoining premises or public streets or eas, and waterways, ,, • 1 �, ; c, The work covered by this application mi ay not be'commeneed before issuance of Building Permit. d. Upon approval of this application},the Building Insppctopjwilis ue.a Building Permit to the applicant. Such a permit al be kept on-the premises available for inspection throughout the'Work. e. No building shall be occupied or used in whole or in partlfo.,r any purpose what so ever until the Building Inspector -ues a Certificate-of.Occupancy, -• - . - = f. Every building permit shall•exPire if the-werk�authorized+has riot Comm within 12 months after the date of 3uance or has not been completed Within 1&months�f=4.such 49#e:=' ti'o zoning.amendments or other'regulations affecting the -operty have been enacted in the interim,the Building Inspe6torl may authorize, in writing,the exterision of the permit for an idition six months. Thereafter, a new,pexVit shall be.rjquired:.,',.` s.' APPLICATION IS HEREJ3 Y MApE to the Buiidir�gu; ititifi 4.for.tlie�is§tiaitce Qf a Building Permit pursuant to'th'e uilding Zone Ordinance of the Town of Southold,Suffolk County,New Y,ark,,and;ager;applioable1aws,;Ordinances or egulations, for the construction of buildings;additions, or alterations or for rem°ova1,6,demolition•.as herein described. The )plicant agrees to comply with all applicable laws, ordinances,building code,housing code, and*regulations, and to admit ithorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing add$ess of applicant) tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder i , lame of owner of premises _ (As on'the tax 'roll or�laf�st;de� �. applicant is a corporation;sijgnature,of duly authorized officer (Name and title-of corporate officer')' - ¢ t , ,{ I'-, Wilders License No. 'lumbers License No. Uectriciaas Ucensa No. )ther Trade's License No. Lation f land on Which pro osed work will be done) House Number Street ~, ,. ;'' ,;, Hamlet , County Tax Map No. 1000 Section Block Lot 2. State exitsting use and occupancy of premises and intended use and occupancy of proposed construction: a. Existiing use.arid;occupancy. ; b. 'Intended use*and occupancy, 3. Nature-of work (cliedk whichipplipable):New B�Zilding Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee 4 (To be paid on.filing this application) 5. If dwelling, number of•dwelling_units . Number of dwelling units on each floor If garage, number bf cars - s 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height ; .:'Number of Storrs Dimensions of same structure with alterations or additions: Front Rear-,, - Depth Height �� Number tors I c 8. Dimensions of entire new construction: Front i j (Rear Depth Height NlaMb�e of Vit:rhe = i 9. Size of lot: Front Rear Depth _ • ,• ..I 10. Date of Purchase Name of Former Owner ` ris : ,: .f. _•, r I .,i. ., 11. Zone or use district'in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot-be re-graded? YES NO''. ..l'Wiill�exdIess flll'be:removed'.frozn premises? YES NO Cii 14. Names Of-Owner of premises '' ; Address Phone No. , Name'of Architect Addrbss'�; Phone No Name of Contractor j Addi�ss Phone No. 15 a. Is thisproperty within 100 feet of a tidal wetland or a freshwater-wetland? *YES NO * IF YES; SOUTROLD TOWN.,TRUSTEESA&:D.EGC:'PE M,TS-MAY BE REQUIRED.- b, Is this property.within 300:feet of a.tidari,wetlandT*`YES 1 0 * IF YES, D.E.C. PERMITS MAY BE'REQUIREI)i 16. Provide survey, to scale, with accurate foundation!plan and distances to property lines. 17. If elevation at any point on property is at-1.0 feet 4 below, must provide topographical data on survey, 18, Are there any covenants and restrictions with respect to this property? * YES NO * IF YES,-PROVIDE A 70pO , :,-. STATE OF NEW YORE). : COUNTY OF ) be'' •g duly sworn, deposes- tt s"tlie`a • licant, (Name of individual signing contract}.above named; p � � pp Notary Public,State of New York 'No.01 BU6185050 �/ (S)He is the Qualified in Suffolk County (Contractor,Agent, Corpo,ate Officer, etc.) of said ownerjor owners, and is duly authorized to performorhave.performed the said work'and to make and file this application; that all statements contained in this application are.true to the best of his knowledge and belief;and that the work wi II be performed in the mann er.set forth in the appl'fcation fled thferewith: - Sworn to before me this day of n ; z0 ( Notar Pub'tic -Signature of Applicant DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities&Temporary Controls 01501 Health& Safety Provisions DIVISION 1 -Page 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general,the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION I - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent,who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in. the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 DIVISION 1 -GENERAL REQUIREMENTS accordance,with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES, LEWLS AND SUR-ATYS A. The 0,kkmer's Engineff�Mll establish one (1)bmoh mark and leeation of the work lines as 1 Vi V11VV t1V111LJ 1V1 L11V liVi1 Q-Q.L Lpl. 13The points shall be b +� theGene All other- .�1 lines-, l 11e�L,og levels,gr-ades,et ., points. C. Re establisbment of the re&fenee peipAs by the Engineer-fer-the Gep,�L-aetar-shall be done- r' at the entf e+„r's LLL LiiV lines,D. The GeiAraeter- shall verify all gr-ades, drav4ngs 7 and he shall report any efFors or- ineensisteneies in the afer-ementioned te-the � � Engiaee+ before-e work.ork.CoimTrineeinent of..o fk b.hall c ,a b by vvuLluvLV1 -at his expense-. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York,the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five(5)years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project .for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications,bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuanee of the final eeAifieate, the GopAr-aeter- shall deliveF to the Ov,%er- and in the various teehnieal seetions. -B. The Gen:traetor-hereby guar-apAees that all materials and workmanship insta4led tmd r-espee4ive eepAraet to be new and of good quality h. .-Vee4 and to remain so for-a DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS period o � (1) 1, '.]e � Q y � " 9T�e�Ei�gei�eTr^vd$-�z-rici�0-�3i�v=d-iuc�z�vi irx-t13epceifzccrti6ns from the rata of issu „ e o f the Final n rt•f` * b the E ++vasa ..aa V Vl L11V 1 111U1 t.V1 L111VU . workmanship,G. Should any defeets develop in the afaresaid work within the stipulated per-iods due to faults in materials an&or the GepAfaeter-hereby agrees to make all repair-s and do •-1 all �work to eerrect the-defeeti'b e r ai4s. S e r-ep ir-s andcoffeetiye work, including the east of making good all other work damaged by or othei-A4se aff-eeted by making of the r-epair-s or- eoFfeetive work shall be done without any eest-or + t .1 +tti.c._e entire eost.,n expense o f the!'�,,.,+,act,.. . ,:thi f:., (c) v�.t,vll.�v LV u1v �/YY11V1, Lulu LLti-Lli , days after- notiee to the Gontraoter, The ov�%er may have the work done and ehar-ge eost thereof to the Gontraetor- an"r his SuEefies who agree to pay the ov,%er-the eost-4 sue __work if the CV11L1(.LaV r-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 bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010- GENERAL DIVISION 1 -Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENYAND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials,tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM 1 —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 -GENERAL REQUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3—RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500-CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities -Electricity, lighting, heat, • e„tilation, telephone service (i.,elu i,, ffflE maehifie);water and sanitary facilities. B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY- The Elee4rieal Gentraaor-shall be responsible fer providing and paying for-the temporary ele shall be installed vAthin 30 days of the a�Awd of the eent-ract. The Eleetrioal Gentraetor- shall be responsible for providing temper-ar-y eleetr-ie power-to all tmdes, for-the dumfion of the TEMPORARY WATER SERVICE A The ('o +meter shall provide t&nporar-y water service for constmetio p non nar if1ff , facilities,fire pr-oteetie„ and for-eleirr_ B. Potable water shall be furnished for construction personnel by portable containers. G. Alatu sei=viee shall be pr-oteeted from freezing, and the ser-viee shall be ex4ended a ele ate,l as to meet temper ate i#s e VrCLL�'-VV LLLI'L 1L+�LL11 L+111V11LJ. D. The Gentr-aetor shall install a meter- and pay fer- all e-�Epenses asseeiated v4th temporary water- sei=viee dtuing the eourse of the ^ /. work, and fees required for temrlerar u]latl r n TJVl V 1Vli. and- approvals. F. Upon e „letie„ of all wort tl,e_GoiAF eter shall rlinee.-,..eet an r all temporary . , LZ.Vl JTiLLrl-V.i1J1JZ/r1111+1J L—Li11lLZ remove temporary co eetions and fixtures. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 9 of 13 DIVISION I - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. NATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. ' B. Protect site from puddling or running water. Provide water barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION 1 - GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 DIVISION 1 - GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities,personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 -SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS-DIVISION 02000-SITE WORK Included in this Division are the following sections: 02050- Site Demolition 02200-Site Preparation 02222- Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2 -SITE WORK SECTION 02050—SITE DEMOLITION&REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawm—gs and/or as directed by the Engineer. SCOPE In general,the work.to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to' properly remove and dispose of all materials associated with the single- family residence. Such materials include wood,metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding;areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2- SITE WORK SECTION 02200- SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Environmental protection and silt feneing QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 - SITE WORK i l B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ,I ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about,the project site. I PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start' 18 inches or deeper below existing ,grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and ,dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. f E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and 'broken branches should be pruned properly. The 3 cut method should be used on all branches. larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. i G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off I DIVISION 2 - 4 of 8 DIVISION 2 - SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 f A j DIVISION 2- SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the;plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight i 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION bETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL i I i DIVISION 2 - 6 of 8 DIVISION 2- SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passing 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 -SITE WORD The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL DIVISION 2 - 8 of 8 f..t ��. �°' �. 1;�." �' 4.i� �l`' {I� •'�`y�`�,p ''PAY SOUTHOLD TOWN ENGINEERING VSP t ti` � d •1 `��' SL�yii�X •,E ,� 'P� ?�e/g �� + . ��3 PROPOSED SILLS RESIDENCE DEMOLITION PROJECT G R E E N P 0 R T Town of Southold James A.Richter,RA 1000-45-5-3.2 AS NOTED 7+ .12P.-�1,,,,t i" / �'„�• P '�l -s"' .w, " AUGUST 1,2017 .; ,-� �n� ,f. t •P ,(�c}� +. i nmgu xsavnw v umuvanca t 's' 1 The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property In the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES: generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following Removal and disposal of a two-story wood frame single family structure with partial basement Removal and disposal of an existing fuel oil tank In the basement of the single family residence 2 All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily -All excavated areas must be restored to grade with clean fill complete the work according to the plans,specifications and/or as directed by the EngineerDRAL57NG# Removal and disposal of all miscellaneous and assorted debris in and around the residence shall be included In the price bid for this Item Any and all other minor items that may become apparent during demolition but are not specifically p �- I' referenced above. 3 The Contractor must adhere to the conditions of PERMITS and Is responsible for all coordination No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies. seeks and receives approval from the Engineer prior to performing the work —R lv i STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ® Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: ® New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road ® Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ 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: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract;Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: © State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑X Attachment A: 0 A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants © Attachment B: ® B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A)Expenditure Based Budget (Amendment) ❑ B-2(A)Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget(Amendment) ❑X Attachment C: Work Plan © Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page IN WITNESS THEREOF, the parties hereto'have executed or approved this Master Contract on the dates below their signatures. b = rF r =�'°- • �.-. �.i.i.7_ .�..-i+ii.;�'7'S.t11,i,`'$� r,q.=-3^•�'.x: -z,^ CONTRACTOR: STATE AGENCY', ,., <,- S#'i _ : •. :, :tf _ s•ex:ri f)y°ry -s�1s�%wsv5 :�.x+II...'-.:<.se$4.v..,.-:u:.s':µ�.:�..rt-,v,_..4fy.nt,�:Town of.Southold ,o i t :,5309z5,MainRoad One_Cnrce2l,at fz.•-Se.i..,:;•.r.i'-�r ., -'s., t _-- • Southold,NY 11971 __ ._: 99 was 90h Avenue—Suite 1010 :E Aib'ai "NI'E:1223I.,' is t -1•- ',fit. V OS" 4€ .r{,.' ..t. �<-�.rnr��:•.,,:,i ''ar'4.:Y:: •#'�,�".,. ',3'xi,�•r`3a°air .;% q; iA ..,'z a ka� '_,SY' ..s.n� .i #; �. '.,z v.•ic..r•:a'•i):'s,»:�;,,s"u�.�.Ii;�;,;* =,i$•:,;,3;,�. r.a=,i;s ::i:•.:s•F,"'',�re:.� .:t '.3 'd:' - 'S/f'=.%'.f;i'r.°:SR Y"a:' '\°`•t�l'.sa..t.t �. ..,, . .�1..v.. -., ' tA a,lu 3AnnI ,:,Hart . :.; .Piroed i° .>�;, ::"•:r.. r t Nairie: - - ' � w°�yl',rinteii:Naiiie q .1.. 'rt, ti` - �t' 1'q�..f,..c' :1;`�ll G1LQ�j•�r•,(1�tai"Ial:.A t{(�� ti l•!.^ .1.: {:s t.iYf•' �•�V�rt=:':^• ..%,4`��. : •tee `:;,`�...�n'...:j, ' iwl�tlV• t��ii, ,,+,Ln ,} ,."t:.'i»:#3t�:" i.. ..,. 6 L'��5��c. ,�s:3stv3sa• _ ,i'et. :�b_5"::?;,.:._i;e..,�si.»...w._..,.._ '�=' :.a,,�,=.::�y �r';�'r"°. _ r5. '9' � ;% til.,h� I:Y+�..+;t.:T:i Yixl: fi�:::JY_„._1tz )':.P t�3::�_.�. —:L .`:'§:,"i✓a •"iP"�"".:i�.it fi'1 :"' ,t•. f-'1. >3 `f•i�' q yy::ir.gg'#'E":: '# .; •kd rf ,c,n �_ ..ice, yy`�`$ii�.� ,.t<;��.«.s,�, «' '.�, f=a�=— ,�.,��YYqq ,�,,M.,zr.:�,'�c. tArN'e,3..� 1�.:X_-J t1•.� K 7' .k` $f:':it}i•{T: t,°."• .,.1 SG..� A 4 � b. T.�•)."Yam:' 4 .Y �'-Y"' f• ]� - �.x`'�,�,_ ?�"�25•; �:��-w:.a:ra,=.�sui;.;=:,<:�- aDate:=�:-r:�1���� �/� vv �j'��'�;r, =-T~.,,r -Kn,h,; -n,.�.;��;:�_�=r:��. .�=:s`i;"^�-. ;er . .,;as.. ,=3�:�f a•. •..�?";t* �, u.{o �•:7=.�0,:�,a;�•;..`>..r %..�� `S:' Yj�, a,. •:$':i' S... S^'.,. .. a.T.Y F... ..r; ,.i:4.� �-.:r,"^;S'�t'.:a.•,`.^2;�;�.'..�'r :C"t'c^'': ;<. .,1 r+ '•,'SS,, a2,� .'..,,, , '=' .a... .y-' _•:5-�•.: �;a'S;"..'%F4'.�:�::'�`;�r.,�,ic,..cf•;y J•r,.-rte N: ..}*, °STAB �N 'YORK ' '' . ;..;.v;i�:;,•r � •,x -`�t�a �r�:��•::::,�t�i , � " .t: _:: �: %aY� <: a TE�OF.! EW r s .;;;:;;;fri:�a§iftiy:r .�_1s.�s7§;RI'�N;.i:;�'ar.s,r�'y CJ,,��I;�;r�.r':rs::�%�3;t s z..i,`•,.,,z..z.:r:•�.� a�� bits so "COUNTY OFrr__ =tt:;- .:x: , :,:;:,:::•-:: - .. ;r^•.itn;s�;°r-•�s, :}:::as^' ::r')x;:r, e'�a.%$tF'?s`t` r��?;�i:5,.,:c_ii:�sid!�::c:':i{::.;"- ', t'Y:•J-'SF:"3+L:%.} ',f,::t,°;h';�t^.::;A�:%`�,`,�; .,9' !'N;S. t."Y...4.:r ., , On the day of s' _.<=3s'•� ' g b0 ore me pe Y Pl?.`.� r" L ra: •=a;: .: :. ; Q ' isonall 'a eared = .:.:, ESw;•y f4:.::. ..;,ti:''' ::_�S S£.; ,i^�iftsit.r. f .v u ,5 ;_ n 1 `t' ,, -a'o rie.known;wfio B igby=ine,dti y sworn did • • ''.":;:.••:.:; ;.,,��_._., cam. . .i depasc and sapthat ° S `, "'`° he/sI a th. "° r. �he'resiclessaC':`'.,'= ` ' f` ., .... �s e::: .., 4..' .n�L:�?.'es,�•.e��..ygSl4f?-5`r`:' '�; ,< , 4 u> . :the.contractor ':c-,: ':,.:'N}R.�+,�•<�>�'-t{'•f,3,,:f;;.<:!v;'Y:,E3„'iF..t;�:�:a:x,,;:.�`f'4'.�r<y�.7'.. '-�,=r'vr,2"=* i4�•�:"v: described herein which executed'the foregoing irlstritiri_ Kt;arid tla:h n yhesigiigii ter name T aj tti °a 4 .s-sS ? !j'x ,1 e�" -�: d';1.s'�.`_.,r.•: 1:Y,> ;,c:::v?'s:y4o'r ,n,s.:. ':,.�tr..�.'�``ng;v�^{•r•`�...:•.f�'1:� ' r' } `T"r 4'•^ ael''• 3t5''',,, ..'?'�.'; „z:e thereto`as'aiathoHzed°b'y the coritractor;< Iari�e on the`_face,page:a Qs¢Master.Contract r ;':: , err: .: .. ..� - _.�.i'7i�<.e _. 'S: >t's,?sia. .'P.,':,`�� �.r.:7•i :i�,.'"i,: �r;.33�.;T"•,• �'�.s-•..•.:,t:'"a.,,.u _:` iT�;,'s�i'.J .. ;MICHE!!E, j0(yMASZEW$KI • ei iii.• .>: �if � ,. •, r-)r�. rY`.�,'•PL.'E� 40-11 P�B iX•-' 3;°'ar�:., s •;: LI.0=$TAi ,.,...s.. j s' Y ':.`.,. ':c of 1•• °.iY „f° . . " d w x €�. i, i cl _ ra AIEW.YOKiq € ' ' htq;,OtrQb''L56' 7.'i, a j: ,, � a"., rjF.,: a b, "'allfl¢ r 5r ,._ _ t: .'.�:- !i E•I...:3• :r' A ..r't.:3�) £�: �.e. A'u Z :t '{C#'t} �`,..��''rr,;• ' iri;;surfolk''County a 'a: >-��MY.,EO ✓,, o'Y.• r::+. :#t - t:;t.s` f::t :2�. :s:�'ii�'d•t„aT;a�iYii;Y:z' a,$ mmisiT�."` ., :r.s^ ;h72`C.' ,Y s" „ �1t, .t..,,�.i,.,._y. tr• F `'iH's'"3 :Y,7�=�;'�drif�5>:'r''i,.�i.J:I •�tye r:• ... 1•. ,: *�". rat•,}:� ir.4..,; £j •Fy! iii:: ,.:1;'a .-.1'i t'�.`:'s;:,s.,.::'.., �'Fs,i". ,....5d«:r.,:,.,5,t T. r.[=.t"s""° } :ASTTORNI-Y;GENERAL.'S.SLGNATURE; #; ; ;ST TE QMI?TRO ,LER'S;S,IC'rZ`I TUI2E' .1. +r. .. •+. e e.=•a .ir r t• r -; jar's � •✓'a.5*- - - _ ! ,rx� -L.r•. - +..• :'7fJ�' za.,..+"j ?Ncs�i _ r� ta: F1t._9 z'u, c„'.€ ^.,:;'t}�... `r`$�r._ r.t':i, , :a f1.P;1: 3'” Q`j�� ,.r „ . .. ' 'r`... .j✓ .S. .O.<��!"'"1.1 - .:)t., t' ;Jfai}�c: ate '�� "�;' µ' 9ar.,:Y J:` Aq {{����pp--��••'���t��7�pp,,,�pp���##11yy����yy11 .'. ,s 1 ij:'; . •:rl-+ a.:i_GGr%1 `V'PtSGt�l1`6F�'4�11VIilUL' NYS' Title: Title: ,VL u .t • ;r: 'i; � �•t ', - � �t.E:aE i> f'-.z,' Ks"�teg�`i''`'� 5 .'S::t': Date: 'v 1 �'�o Date ,... MO ,, • , ., :,) . :,FORiI'HE.8TAT�'CBMPfiROLIER` . Contract Number: NC1000970 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 o'r 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:#C1000970 , Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence.is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-2 1,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 I.B 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). 2T 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 1(V). Contract Number:#C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. I 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: i a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service;or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-] (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-1 (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number:# C1000970 Page 3 of 25,Master Contract for;Grants-Standard Terms and Conditions I number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death)or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under . Contract Number:# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The 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 I 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:# C1000970 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:# C1000970 Page 6 of 25,Master Contract for Grants-Standard Terms and Conditions i C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract maybe terminated at anytime upon mutual written consent of the State and the Contractor. b) Cause: The State may terminate the Master Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Master Contract and/or with any laws, rules, regulations, policies, or procedures that are applicable to the Master Contract. c) Non-Responsibility: In accordance with the provisions of Sections IV(N)(6) and (7) herein, the State may make a final determination that the Contractor is non-responsible (Determination of Non-Responsibility). In such event, the State may terminate the Master Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d) Convenience: The State may terminate the Master Contract in its sole discretion upon thirty(30) calendar days prior written notice. e) Lack' of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. f) Force'Majeure: The State may terminate or suspend its performance under the Master Contract immediately upon the occurrence of a "force majeure." For purposes of the Master Contract,:"Force majeure" shall include, but not be limited to, natural disasters, war, rebellion,, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the State which render the performance of its obligations impossible. 2. Notice of Termination: a) Service of notice: Written notice of termination shall be sent by: (i) personal messenger service; or Contract Number:# C1000970 Page 7 of 25,Master Contract for Grants-Standard Terms and Conditions i i (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 Postai 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 rof 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:# C1000970 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. G 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 l-A of the State Finance Law to the.extent required by law. 7. Article I 1-B of the State Finance Law sets forth certain time frames for the Full Execution of contracts or renewal contracts with not-for-profit organizations and the implementation of any program plan associated with such contract. For purposes of this section, "Full Execution" shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC,. Any interest to be paid on a missed payment to the Contractor based on a delay in the Full Execution of the Master Contract shall be governed by Article 11-B of the State Finance Law. i I Contract Number.# C1000970 Page 9 of 25,Master Contract for Grants-Standard Terms and Conditions I I 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:# C1000970 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 theprocedures 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. i 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:b Payment shall be limited to rate(s) established in the Master Contract. Payment may be requested no more frequently than monthly. g) Scheduled Reimbursement:? The State Agency shall generate vouchers at the frequencies and amounts-as set forth in Attachment D (Payment and Reporting Schedule), 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 I Contract effort. 5 Fee for Service is a rate established by the Contractor for a service or services rendered. e Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit. Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period(i.e.quarterly,monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Master Contract,they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. Contract Number:# C1000970 Page 1 1 of 25,Master Contract for,Grants-Standard Terms and Conditions I I I - f f I and service reports shall be used to determine funding levels appropriate to the next annual contract period. h) Fifth Quarter Payments:8 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The State Agency shall use a written directive for fifth quarter financing. The State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed. 4. The State reserves the right to withhold up to fifteen percent(15%) of the total amount of the Master Contract as security for the faithful completion of services or work, as applicable, under the Master Contract. This amount may be withheld in whole or in part from.any single payment or'combination of payments otherwise due under the Master Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law. 6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted to the State Agency no later than thirty (30) calendar days after the end date of the period for which reimbursement is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not exceed the amount of actual expenditures. 7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above,with respect to the final period for which reimbursement is claimed, so long as the obligations were incurred prior to the end date of the contract, the Contractor shall have up to 'ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Master Contract is funded in whole or in part with federal funds,the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D. Identifying,Information and Privacy Notification: 1. Every voucher or New York State Claim for Payment submitted to a State Agency by the Contractor, for payment for the sale of goods or services or 'for transactions (e.g., leases, easements, licenses, etc.) related, to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Contractor's Federal employer identification number, (ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to 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:# C1000970 Page 12 of 25,Master Contract for Grants-Standard Terms and Conditions i I i 1 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 Contractormust 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 agreedl 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:# C1000970 Page 13 of 25,Master Contract for Grants-Standard Terms and Conditions f i I 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 1 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:# C1000970 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:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions i l 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:# C1000970 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions i 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: r 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 Dumber:# C1000970 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:# C1000970 Page 18 of 25,Master Contract for Grants-Standard Terms and Conditions I , I • I 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. i (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,1 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 Allocatlon: 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. I 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 milestone's were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, .or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number:# C1000970 Page 19 of 25,Master Contract for Grants-Standard Terms and Conditions I I for the limited purposes of the Master Contract and in conformity with applicable provisions of State and Federal law. The Contractor(i)has an affirmative obligation to safeguard any such Confidential Information from unnecessary or unauthorized disclosure and (ii) must comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). G. Publicity: I. Publicity includes, but is not limited to: news conferences; news releases; public announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released without prior written approval from the State. 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded in whole or in part through any activity supported under the Master Contract may not be published, presented or announced without prior approval of the State. Any such publication, presentation or announcement shall: a) Acknowledge the support of the State of New York and, if funded with Federal funds,the applicable Federal funding agency; and b) State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. 3. Notwithstanding the above, the Contractor may submit for publication, scholarly or academic publications that derive from activity under the Master Contract (but are not deliverable under the Master Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher in order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section V(G)(2) (Publicity) hereof. H. Web-Based Applications-Accessibility: Any web-based intranet and Internet information and applications - development, or programming delivered pursuant to the Master Contract or procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08- 005, Accessibility of Web-Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web-based intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance testing. Such quality assurance testing shall be conducted by the State Agency and the results of such testing must be satisfactory to the State Agency before web content shall be considered a qualified deliverable under the Master Contract or procurement. Contract Number:# C1000970 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 perforin 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:# C1000970 Page 21 of 25,Master Contract for,Grants-Standard Terms and Conditions i F I i promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; 4. At the request of the State,the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding,to furnish a written statement that such employment agency, labor union or representative shall not discriminate on the basis of race, creed,color, national origin, sex, age, disability or marital status and that such union or representative shall affirmatively cooperate in the implementation of the Contractor's obligations herein; and 5. The Contractor shall state, in all solicitations or advertisements for employees,that, in the performance of the State contract, all qualified applicants shall be afforded equal employment opportunities without discrimination because of race,creed, color, national origin,sex,age, disability or marital status. The Contractor shall include the provisions of subclauses 1 — 5 of this Section (IV)(J), in every subcontract over$25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (Work) except where the Work is for the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii) employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the ,Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions I to 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. I Such disclosures, are protected under Section 537 of the State Labor Law, which makes it a misdemeanor forlthe 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:# C1000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 24 of 25,Master Contract for Grants-Standard Terms and Conditions i 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-# C1000970 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to-the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to-provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of.all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the.Department, unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement,the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of;the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of'New York may cause.to be withheld from the Contractor any State assistance to which the Contractor would;otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort 'to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without .this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement,with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-I —Program Specific Terms and Conditions i 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 hitps://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam.gov/portaUpublic/SAM); or (3) fails to possess requisite workers ' compensation - and disability insurance coverage (see http://www.wcb.ny.gov). In addition, Contractor agrees that it shall immediately suspend or terminate any subcontract entered into for the performance of work in furtherance of this Contract if at any time during the term of such subcontract the subcontractor: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https: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 C). Contractor agrees to require any proposed subcontractors to timely provide to the Department such information as may be requested by the Department as necessary to assess whether the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing the work. In the event the.Department invokes this right of prior approval and a request for approval Contract Number: #C1000970 Page 3 of 20,Attachment A-I —Program Specific Terms and Conditions is submitted by 1 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. I G. Compliance withProcurement 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://portal.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.staie-ny.us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the Department of State or the Office of the State Comptroller's Help Desk for a copy of the paper form. 2. Contractor hereby;acknowledges that the Vendor Responsibility Questionnaire (VRQ), as described in Section IV (N) of the Master Grant Contract, as well as any updated or amended version of the Contract Number: #C1000970 Page 4 of 20,Attachment A-1 —Program Specific Terms and Conditions i 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.ny.gov Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell@a,town.southold.ny.us L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 144, incorporated herein by reference): 1. If Contractor is a "covered provider" within the meaning of 19 NYCRR § 144.3(d) at any time during the life of this Agreement, then during the period when Contractor is such a "covered provider": a. Contractor shall comply with the requirements set forth in 19 NYCRR Part 144, as amended; and b. Contractor's failure to comply with any applicable requirement of 19 NYCRR Part 144, as amended, including but not limited to the restrictions on allowable administrative expenses, the limits on executive compensation, and the reporting requirements, may be deemed a material breach of this Agreement and constitute a sufficient basis for, in the discretion of the Department, termination for cause, suspension for cause, or the reduction of funding provided pursuant to this Agreement. 2. Contractor shall include the following provision in any agreement with a subcontractor or agent receiving State funds or State-authorized payments, from the Contractor to provide program or administrative services under this Agreement: [Name of subcontractor/agent] acknowledges that, pursuant to this Agreement, it is receiving "State funds" or "State-authorized payments"originating with, passed through, or approved by the New York State Department of State in order to provide program or administrative services on behalf of[Name of CONTRACTOR]. If at any time during the life of this Agreement[Name of subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS regulations, [Name of subcontractor/agent]shall comply with the terms of 19 NYCRR Part 144, as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a material breach of this Agreement constituting a sufficient basis for suspension or termination for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference. M. Minority and Women Owned Business Participation Article 15-A of the New York State Executive Law, as amended, authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A. Contract Number: #C1000970 Page 6 of 20,Attachment A-1 —Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract(the "Contractor" and the "Contract," respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements.These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York State Certified MWBEs found at the following internet address: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic 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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: httys://ny.nevmycontiacts.com/FrontEndNendorSearchPublic.aM. 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: #C1000970 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. IFOR CONSTRUCTION CONTRACTS—The portion of a contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. Such documentation shall include, but not necessarily be limited to: 1) Evidence of outreach to MWBEs; 2) Any responses by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance-at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract,the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment,job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-1 —Program Specific Terms and Conditions 4) The Contractor's EEO policy statement shall include the following language: a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b) The Contractor,shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or.representative will not discriminate on the basis of race, creed, color, national origin, sex` age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the_subdivisions will be binding upon each subcontractor as to work in connection with the Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess of$250,000,the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, ,and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce.Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shalt require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis,for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20,Attachment A-1 —Program Specific Terms and Conditions Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the Department of State through the New York State Contract System ("NYSCS"), which can be viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Department of State, either prior to, or at the time of,the execution of the contract. b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency shall be entitled to any remedy provided herein, including but not limited to,a finding that the Contractor is non-responsive. 5. Waivers a. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non- electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request must be supported by evidence of the Contractor's good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. b. If the Agency, upon review-of the MWBE Utilization Plan, quarterly MWBE Contractor Compliance Reports described in Section 6, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. Quarterly MWBE Contractor Compliance Report. The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F)to the Agency by the 10`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 1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at https:Hn .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 Iiquidated damages shall be calculated as an amount equaling the difference between: 1) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. c. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Agency, the Contractor shall pay such liquidated damages to the Agency within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women's Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. N. Service-Disabled Veteran-Owned Businesses Participation Article 17-B of the Executive Law, enacted in 2014, authorized the creation of the Division of Service- Disabled Veterans' Business Development to promote participation of Service-Disabled Veteran-Owned Businesses(SDVOBs)in New York State contracting. The Service-Disabled Veteran-Owned Business Act recognizes the veterans' service to and sacrifice for our nation, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses,and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect, the Department of State(DOS)has implemented a Veteran-Owned Businesses (SDVOB) Program, as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained, a quarterly SDVOB utilization report should be Contract Number: #C1000970 Page 1 I 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:Ho s.ny.govNeterans/. The Division of Service-Disabled Veterans' Business Development(DSDVBD) is housed within the I New York State Office of General Services(OGS), and maintains a directory of the NYS Certified SDVOBs. For assistance with engaging SDVOB vendors in your contracts, please contact the Division of Service-Disabled Veterans' Business Development at the following email address: VeteransDevelopment o s.ny gov, or the DOS Division of Affirmative Action Programs—SDVOB Program at Maria.Hermanna dos.ny.gov or Api.Ohouong,dos.ny.gov. The directory of certified SDVOB vendors can be found at: htti)s://ogs.nv.govNeterans/Docs/CertifiedNYS SDVOB.pd Contract Number: #C1000970 Page 12 of 20,Attachment A-I —Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: I 1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. 2. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. 3. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Attachment C, the Department has made a determination of eligibility of funding for Contractor's project under such Act. 4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement,until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects I. Project design, including J S , g 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 I1 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self Insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies,which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of,State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 O1, or•a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse& underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the,amount of the total project cost. Contract Number; #C1000970 - Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased,hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care,custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than$1,000,000. ,E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken,at a•site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational' use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed,color,national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including; but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety(90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. 3. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: 1. The Contractor shall not at.any time sell or convey any facility or any portion of the'project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the prcjLt, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: a. Map Products and Supporting Data -- The Department requires delivery of digital map products, including all associated GIS and/or CAD digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog map products are required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT �REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C 1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a-WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as 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 toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then,a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S.•Government Printing Office, Appendix 6. e. Datums and Coordinate Systems--All map products'should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets.,No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication--No duplication of points that occur within a data"string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth(.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital,map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media--All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department,where possible they will conform to standard map scalessuch as 1:9600; 1:503'000; 1:75,000; or 1:100,000. c. Map,Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend, -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL, DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4'. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C1000970 Page 19 of 20,Attachment A-] —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product,must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe®Acrobat® Portable Document Format- PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental'impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract Number: #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1—EXPENDITURE BASED BUDGET I A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A.SALARIES (including fringe benefits) Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers(4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B.TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedestrianbridge................................................................................ ...........$29,178.00 Lumber and associated hardware for boardwalks,observation blinds kiosks timber guard rails............... .......................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools........................................ .$705.00 Crushed Bluestone for parking areas.......................................................................$5,000.00 Trailmarkers......................................................................................................$225.00 SUBTOTAL $51,158.00 D.EQUIPMENT Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos.............................................................................$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 i ATTACHMENT C -WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including a newly acquired open space parcel. Dilapidated structures and septic systems will be removed and the area restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage. Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport,and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound,restore habitat, remove invasive species,and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks,observation blinds,new and restored parking areas,restoration of the Sill House site,daylighting and habitat restoration at Moore's Drain, educational kiosks,a new footbridge,maps of the expanded trail system(kiosk and online), implementation of citizen science research and programs,and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc)was prepared with funding provided by the New York Department of State under Title I I of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products:two paper copies of each product.In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products:two paper copies of each product. In addition, all final products(including reports, designs, maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format-PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name,the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department,and comply with the requirements for Contract GIS Products. • Electronic data for all designs, drawings, and plans must be submitted in the original software that they were created(such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor,the Department,project partners,and any other appropriate entities shall hold an initial meeting to review the project scope,project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements, MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project;and any other information which would assist in project completion., In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor,or a designated project partner, shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county,and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task'3: Request for Proposals The Contractor shall draft Request for Proposals (RFP) for each of the four(4)services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results, a schedule for completion,MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4) draft and final RFPs. Department approved RFPs released through advertisement in local papers, the New York State Contract Reporter,and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget; and, • Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect,or landscape architect licensed to practice in New York State is required: The municipal attorney,chief legal officer, or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion, a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of_the subcontractors and other project partners,as appropriate,to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall'not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost estimates for all construction components, including trails,boardwalks,observation blinds,and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect,or landscape architect and-the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional,engineer,architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state,and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary. Task 9: Environmental Quality Review The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement. Task 10: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state,and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State=owned lands or waters overlying those lands;and the Office of Parks,Recreation,and Historic Preservation or the State Historic Preservation Officer;and, • agencies of Suffolk County,Southold Town, Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees;planning commissions,boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects"by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use, and value as determined through standard appraisal practices. Documentation will be provided to the Department,including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed. Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances,a new deed is not issued,but instead a statement of death. The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds, and parking areas within the Project Area After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s)shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary I mowing,trimming, deadfall removal,and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test& Remediate Contamination, Demolition`of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system,and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge. Reconstruct existing parking area and installation of two (2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before,during, and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage dumping sites'in the Silver Lake area,mapping of invasive species,mapping of trails,flora and fauna surveys,monitoring of clean-up process, organization of volunteer clean up days, invasive species removal,and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. , Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters)and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced;subcontractors needed(printer, graphic artist);number of items to be printed or signs constructed;distribution method (utility bills, schools); or location of signs or kiosks; and, evaluative methods and materials(coupons, surveys). For designing and developing a curriculum and text for printed materials,subjects to be covered include: the target population; overall theme; goals and objectives;subject areas to be covered; method of presentation (classroom/laboratory sessions vs. field work/laboratory sessions); potential vehicles for presenting information(printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.); equipment purchases which may be necessary; and,existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s) shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the concepts for visual,materials and text,the Contractor or its consultant(s) shall compile a graphics package including text, color selections,maps,photographs, and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the Department,the project advisory committee,and other project partners as appropriate,the Contractor or its consultant(s)shall hold a meeting to review and revise the concepts and graphics package, and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee,the Contractor or its consultant(s)shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: 'Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s)shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education,outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed,fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the'Bay to Sound Trails initiative project area.A copy of maps, surveys,and public outreach materials created;photos of events, clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes, tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part I, Section M,Paragraph 6,Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State.Upon such notification by the Department, Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department,the requirement of Attachment A-1,Part I, Section M,Paragraph 6 for paper filing,of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be obtained through the NYSCS website at https:Hny.newnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above, an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms in accordance with Section M, Paragraph 6, of Attachment A-l. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s)shall submit project status reports semi-annually (every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers, and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract# as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design, site plan,and preconstruction documents. Department approval must be obtained before construction may begin. ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language (if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C 1000970 Page 1 of 4, Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ Statistical/Quantitative Report The Contractor will submit, on a quarterly basis, not later than_days from the end of the quarter, the report described in Section III(G)(2)(a)(ii) of the Master Contract. ® Expenditure Report The Contractor will submit, on a quarterly basis, not later than 30 dans after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii)of the Master Contract. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May I of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report,and a,final claim. The CFR,which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: #C1000970 Page 2 of 4, Attachment D—Payment and Reporting Schedule I i B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 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 dans 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. i Contract Number: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule i TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. Contract Number: #C1000970 Page 4 of 4,Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of em to ees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s) for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group.The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER • Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: -C 'P A ff C-Ab, ROPE Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. WRFC V, 400,6ar1q, Experience with similar projects. P Ability to complete the project within the required time frame months). S 60 Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation Additional Comments: Reviewer: Date: Ratings: 5-Outstanding,4-Very Good,3- Good,2-Fair, 1-Poor TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK I a 631 76 s - q5 � ® Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 November 8, 2018 (631) 765-1560 tfF SCOTT A. RUSSELL , ��� - � JAMES A. RICHTER, R.A. x MICHAEL M.SUPERVISOR COLLINS, P.E. dTOWN OF SOUTHOLD,NEW YORK 11971 TOWN HALL - 53095 MAIN ROAD �i `�. 631 765-9015 Tel (631)-765-1560 �+ � Fax ( )- MICHAEL COLLINS@TOWN SOUTHOLD NY US _ JAMIE RICHTE& TOWN SOUTHOLD NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29,2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:OOAM on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of Southold Demolition Permit One (1) Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C 1000970 Form B—Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. Seeurity for-Faidiful Peifen:nanee and Maintenance 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November 29th,2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM, PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and-the successful bidder; the-certified--check-or-bid-bond of the successful biddef will be retained tmtil filing d approval of the Per-feffnaRee-Bente until the completion of ten percent(10%) of the work under the Contract. IB -2 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute, and, deliver the Contract and ben quired 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 o'r an investigation of such bidder fails,to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality,.in any or all bids, and to accept the bid or part thereof which it deems most favorable to,the Town after all bids have-been examined and%or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves. familiar with local conditions._ The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading,misunderstanding or deception because of estimates or quantities, character, ,location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB -3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor;�and equipment required to 'complete the proposed job in accordance with the Plans and 'Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices,,must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be'accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders,'Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SECURITY FOR T'i A TTLTFU PERFORMANCE AMAINTENANCE 111\L ATT The suceessful bidder shall be required to emeeute'a Perf'eFmanee Bond eEival 4o one h-imdred pereent R 009%) of the amou-P.A.bid—, sueh bonds to be emeeuted b�a New York lieensed insufane car---- ------., -----r---v ...... ..... A .LLL. .b L...LLL..- 11V11 Best & - Bond shall be vaitten so as to remain in full for-ee ,1 11f-VV+ LW + i-ance bond f .]L of not less than ene( )year-after-the date of fial , ..pa...-.^_ of the work. The sueeessful bi,ddef,upon failure to'execute and defiver v�h-e be:fid-s fe-quir-ed M441min'ten(10) days e --nettide of awaFd, shall fi3r&it to the Owner, as liquidated damages for-such failufe or-refusal,the seeurity deposited M�his bid, and he will be liable for-and he agfees to pay to th Nopleaof mistake .h + d bid L, 11' b 11,1 + +1, bidder- � f L ' y - ----------- --- ----- ---- ...... v..�u. vv u.L..a1LLVlV LV Ll1V V1lLUVl ll/ r-eeoveFy - deposit or- as a defense to any aetion upon aecepted bid upAess said mistake ean be pr-even by r---- c,� y evidenee-aeeeptable to +1-cheTown-.. 1, b 1 + a +L. bid t +1, 1�'.1 '11 b fi a ----- been--- —----r--'—,.., ....., ......L,.........LJ uvvvaurLLaay aai� uaa:U IB -4 INSTRUCTIONS TO BIDDERS 9. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town;Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11, which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Cormnissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT,INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant,,is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD,including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, .Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this ,contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations -under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of-Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability,and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental,death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million-dollars) for damages on account of any one accident, and in an amount of not less than$1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate., SIR-.1 STANDARD-INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations- AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor, NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS'OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If anyof the contractor's/vendo'r's policies of-insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate -C. Insurance companyname D.` Type-of coverage-in effect-E. Policy number, F. Inception and expiration dates of policies included G.` Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS ci�U:"_._ :1y"s• _ .y.,„ �v�.r .,..�;,h;n;: .,;-�+sa.^ rry, .�7im�„ :Fv :;v.;r;_..�,.,,,w, ,�•e.4.,--, ,i =!z'rs�°�tt•"'D �'ti" �f o� o��°.erations%ldcations/,etc:�B'o ;riust�'include;�tlerstateme�y't:-.:� 's��'� .�: ,;�._.�,.t .,.: escx�ip,,won f.<p�: _ ,- :�� �.. .��t,.i,, ;,�r..<:��t• ,;�,..: •� 5„` ,!, ,=�=r� *:,�.>34 v";?n,,€€ ''.A,'t+��;°z�rfl .,. ��'�.�'.r.2:.d_;;`�'�`�`-"," .tt':;;:�' ""•;•.e.=>::. ':i'. . 1 .. ,,^4.. .',l :rs�'.s r i.,E$:� .^..4t'.''<ASTx:' '^^Y^, r';if'•'_;_ S t.. �.� ;.v:i: '-.'w•_<Pa�i`2�rz'...�-'a,%:f.a.�.1 Pi''°:?t�. ^Y:'ob:i.'C" S-.v`ti-�i.;..' ':t'-. ,`i.6c�z1.�,FCi'' :."s_�,�ti4f+::: _ a.^�.en J, ..,=.s_..�.•.s. X :y....,,.::::$P�e�W:�`i.' Q"96:�d.::,:a+ a..e ..?""4!a»;"..^.;Yii=�•.•,5 f�� '�"� �-��THETOtiNNO,F,'S••OUTHOLD`�ISmLISTEDr�AS::ADDITIQ..NAL->INS.UR'ED_��'•«=u �-,...er. ;"�S'" x;-:.«»-«--•r., - :`+f•'.;.',?'r "<<':t'?5)s.:!.t':. Car.-',�^o.-- i1Hr.,.;4"-L'D-4z`ER.i;:S,,H,.z"nyaA.. .L;•,f.:...B__,E_._<nlL-^.:;,�,I^rS-Tw.nE+-r.,I-3'l, ERT' tc TE. t i,: ait:s`., 3•'• 'w�`'j ,.t,,._S,'7°�..i, rt£ :°K{k,`i=i.' 't's ,.,t x���'. +-g <.�,,:}- °1 r°.�, :i, i'` :iw'%n�.*%,..�... - .ire':�`�::':��;'::• �:.'1..�.,... P's i��=,�<,a,.t.:: - ..w�;`�b^li. _ ..s .�.. t !✓ !,k. :r:. �.�^^» ...�.�..y.�,� <.!.:_' - >'rR}.,, ^.: rwc... •,'<z � �+�• r,:�x.:- =.:i>.. "_, �. ,ry F .� - ,.��,.--; `a'is� 'y:ai..,x�r.t•:«;°a:"��;�a:' .+�t, .r-k;;:.; ,�4 �,7�' k.r;'xg,:.+. - may ..�. :ail r; ��'...3U9S� ? , , ":Ro.''�'��3 ! 'S°,�.. .e��;,".'<';;�N:{, .:."�:...tr�3 :1z _^.�1, Ar3r�i w"_•4-:�^'.�` .. ,Jp;°.�:�.. �;s.' `�+K'�'fs'",�::a��a�:=,`fiv.'�:i»<r.t:�, r.,3n•�i..,�is�5=.� - _ s.;�;.� _ ..�r`;�'*�•.�,,�,�c.. s:?,.:b���.�ir.-� ,.s�3?s�ar�•i;:^. '° w`z .:�,-, ,,'� �yr,�,Y st ks..�a.,irr,'S,°..�a'r� .� �&�p y".,t%; �--=:f<�1;%?-i"�.l '. .:fr.: ,°,w'�,�ys;i.>�.x�:�.d`.:".;ai:.,•y'T. ;t�'--.,�'� yp ,�: :.�� -�::::ti�� ,ka:�;p, ���, �•«�S:QU:THOI�D�:NY�,�1971�'::� ,+;,w.�.:�::.>.: �£`'-- rm�;;�;�: :;���;��.r,:.�, }.@.' >af'•`w -'tt-q.;^p''+.e,: >.sFV�,t� .�.., =si' :i'"-,,.,s�'y`=i.- ,'�.i,.:.:7-��;lrr r;nz -{::"�'..v.,.., -R.,r :'ae--:f• ..y,,, "`a- .:,_�`_`.;+:, q.r�,`a` fi•°:'t':'- :i«:r-:y4- - ..�^s sy`e. ..»{ i�.aue ai.{„i uSt4-'".�`�av c�2id`:w. e x.65�,ai,Ww4'.... ... .u..�:."-..mwv.v.._ar..:iiMinF.a...m<:t..�aL v'P�':s:i:...r®.pw�_iwN."'.�.Cim�<n:Ymf.t.•a..®.....>.3 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 Offer&Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance r 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, Peifarmanee , 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 onsideration.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 submifs'uch,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 C0ntractor`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 beresponsible.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 Depaitment/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) 1U.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. Aeeeptanee of the centmetor-'s peitfeEmanee bond in lieu of the Coi#xaeter-s road opening bond sh—all be at the option of the Highway DepaAmeRl. 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 7.1A. GC- 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction, both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS,OMISSIONS AND DISCREPANCIES:_ a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. . In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make, it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to.the Engineer, no excuse,will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OAF TOILET: The Gonir-aeter shall provide :.. of^o t'''iler for-us_ by the toym and its representatives. The trailer shall be eliMaw_- e, desk and ^amu evidea ins; The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected,filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure. first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent stiuctures,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-dan ages herein provided;nor shall-any-waive-r--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-forms5--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 - 1 I 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 WORD 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 pedermanee bend-of the,Gontmete and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations,,when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and.of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 — Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 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. 10 CONTRACT A"T cam! TTYRT'TY (a) The Go t aer--shall fumish a Perfef1u1VV Bend, or- otheraeeeptable _ _ _ _•+' equal + ' one hundred pereent 0 ) of the amotmt of the bid as seeufity for- the faithful perfennanee of4heGopAfaet7 and for the pa)4nent of all persens peffefming labor- or- AifPAs14ng materials eennection A4th this GeRtfact. The Per-fonnaflee Bond shall be vffitten so as to feffiain iii fall for-ee and eff-eet as a maii#eiiaaee-beBd for-a period of net less than one (1) year- after the date a aeeeY 1 v ef the wer-k by the Engineer-. CC -4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond: if at any time the Owner shall be er beeeme dissatisfied with any sufel., if for- any other reason stieh bond shall ecase to be adeVate seeufity to -or- shall within five (5) days after- notiee fifom the Owner- to do so-, the ON, substitute an aeoeptable bend in sueh femfl and sum and signed by sueh other- safety as may be t, 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 orlimiting 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 parry shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under.this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each,person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex.in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during.which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC -7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done,the Owner will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less five (5)percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract the Peffenuanee 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-detemlined 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 famish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF-CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies,materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retailed by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work,the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an,infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request,the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, 'line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor,at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects,which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the nv,.f,.,-,,, nee Bend, 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 lis-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 properly 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 actor 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 offi6er may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination,but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision(a)paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15) and(16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision(a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property,property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus,Albany,New York, 12227. CC - 18 Town of Southold "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE! !!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive'and will be rejected if the following forms are not included at the time of the bid opening. ❑ 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 9 VENDORNAME: Costello Marine Contracting Corp. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. C-Corp. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2399620 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: A ug»s t 2 0 , 1976 IF APPLICABLE: DATE FILED: August 25 , 1976 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Costellos Marine Contracting Corp. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) John A Costello (100%) LIST OFFICERS AND DIRECTORS: NAME TITLE John A. Costello President John F. Costello Vice President/Treasurer Jane P. Costello Vice President/Secretary If a partnership:` PARTNERSHIP NAME: N/A LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: Costello Marine Contracting Corp ADDRESS: P.O. Box 2124 Greenport , NY 11944 CONTACT: ,john F Costello TELEPHONE: 631-477-1199 FAX: 631-477-0005 E-MAIL: offi (aoG llomarine_rrnm 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 9 VENDOR NAME: Costello Marine Contracting Corp. 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: N/A 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 DISQ ALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The erson s' min this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Si ature&Company Position ll eembe John F. Costello, VP/Treasurer 3DAY OF 20 Type Name&Company Position Costello Marine Contracting—Corp. OJ42m, Company Name 'biftgkliNS 12/3/18 Notary Public-State of New York Date Signed NO.OIST6269424 Qualified in Suffolk County 11-2399620 Commission Expires q-ay 20620 Federal I.D Number Proposal Package 6 of 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: Cestelle Marine Gentracting Corp. VENDOR ADDRESS: P.O. Box 2124, Greenport, NY 11944 TELEPHONE NUMBER: 631-477-1199 FAX: 631-477-0005 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 N/A Proposal Package 7 of 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 for one thou-s-and two hiintlrPcl duel 1 ars ILS $400 00 $1 , 200 00 Dollars Cents Demolish Main House and Dispose of Debris 2 1 for forty thousand dollars & zero cent4LS $40,000 00 $40,000 00 Dollars Cents Restore Property with Fill and 6"of Topsoil 3 1 for eight thousand nine hundred dollarPLS $8,900 00 $8 , 900 00 Dollars & zero Cents TOTAL BASE BID Items(Add All Items) Fifty Thousand, one hundred dollars and zero cents $50, 100.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME Joh F TITLE Vice President/Treasurer DATE 12/3/18 ACKNOWLEDGMENT v STATE OF NEW YORK, COUNTY OF Suffolk ) ss.: On the 3rd day of December in the year 2018 before me, the undersigned, personally appeared, John F. Costello , personally known tome or proved tome 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 LYNN E STEVENS 4otary Public-State of New York NO.OIST6269424 ;Qualified in Suffolk County )mmissionlExpires Proposal Package 9 of 9 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: John F. Costello A Corporation A Partnership or Entity FIRMNAME: Costello Marine Contracting Cor*nIndividual PRINCIPAL OFFICE: 423 5th Street , P.O. Box 2124 Greenport, NY 11944 ' PRINCIPAL OFFICERS: BACKGROUND TITLE NAME-- ADDRESS PROFESSION/TRADE President John A. Costello Business Owner/Marine Construction 1210 North Rd. , Greenport , 'NY 11944 Contractor VP/Treasurer John F. Costello 17 Washington Ave. Marine Contractor Greenport, NY 11944 VP/Secretary Jane P. Costello 750 Holbrook Lane Permit Manager 1. How many years has your organUti&nil f 4nibiNlel-la?1its present business name? 42+ years 2. You normally perform what percent of the work with your own forces? 90+ % List trades that you organization normally performs below: demolition, disposal , trucking , construction including any marine structures and erosion control devises 3. Have you ever failed to complete any work awarded to you? NO If so, note where and why. N/A 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. Yes. Currently there is a civil suit pending against John A. Costello and Costello Marine Contracting Corp. in response to a MVA that occurred on December 6, 2014. 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. 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 Bulkhead Re— North Ferry N. Mazzaferro $607 ,500 loo Fall 2019 Alignment 631-749-0139 516-457-5596 Dock Richard Hogan/Pandion $226 , 300 80% Summer 2019 212-867-3895 Bulkhead Stidd Systems N. Mazzaferro $434,750 5% 2020 631-477-2400 516-457-5596 Bulkhead/ Claudio;s N. Mazzaferro $154, 280 5% Spring 2019 Piling 631-848-3884 516-457-5596 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ 11 , Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work B—Dock Improve— Village ments of Sag Harboraynor Group $587 ,069 June 2018 90+% 631-725-0222 631-726-7600 Bulkhead Waterfront Marina $269, 210 Dec. , 2017 95+% 631-725-0033 Docks SGI Marinas $180 , 250 April , 2016 95+% 631-725-1605 Gas Dock Sag Harbor Yacht Club $65 , 210 Oct . , 2016 95+% 631-725-0567 Bulkhead Shelter Island Yacht Club ' $99 ,432 March, 2016 95+% 631-903-9621 Ian McDonald 631-749-9380 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 John A. Costello President 54+ construction Owner, estimator & supervisor John F. Costello VP/Treasurer 30+ construction Estimator & supervisor John Goodwin Foreman 26 construction construction supervisor Michael Davids Equipt. Manager 35 equipt . maintain & operate Cesar Balcarcel Maint. Manager 20 welding maintain equipt. & weld 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: ,_ •. ,tet_ iil,��r Capital One Bank Main Street Greenport, NY 11944__ _ 631-477-0036 Acct 3224001812 11. Trade Association Membership: AMI Hold several municipal licenses 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 investigations 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 New York ) COUNTY OF Suffolk ) John F. Costello being duly sworn deposes and says that he is theyP/Treasurer of Costello Marine Contrae&irodor and that answers to the foregoing questions and all statements therein contained are true and correct. /X,/( � 6:7�z� ignature of person who signed bid) Sworn to before me this 3rd day of Dec. ,2018 Notary Public Commission Expiration Date: L L STEVENS Notary Public-State of New York NO.01ST6269424 Qualified in Suffolk County Commission Expires 719a C� QS-4 Costello's Marine Contracting Corporation REPORT ON FINANCIAL STATEMENTS-Tax Basis For the years ended July 31,2018 and 2017 ti COSTELLO'S MARINE CONTRACTING CORPORATION REPORT ON FINANCIAL STATEMENTS Years ended July 31,2018 and 2017 CONTENTS Page Accountant's Compilation Report 3 Financial Statements Statement of Assets, Liabilities and Stockholder's Equity—Tax Basis 4 Statement of Revenue and Expenses—Tax Basis 5 Schedule of Sales and Cost of Sales—Tax Basis 6 Schedule of Operating Expenses -Tax Basis 7 GNFr,,,,-%axms CERTIFIED PUBLIC ACCOUNTANTS + CONSULTANTS ACCOUNTANT'S COMPILATION REPORT To the Board of Directors Costello's Marine Contracting Corporation Greenport, New York Management is responsible for the accompanying financial statements of Costello's Marine Contracting Corporation (a corporation), which comprise the statement of assets, liabilities and stockholder's equity —tax basis as of July 31, 2018, and 2017, and the related statement of revenue and expenses—tax basis and the schedules of sales and cost of sales—tax basis and operating expenses—tax basis, for the years then ended in accordance with the tax basis of accounting, and for determining that the tax basis of accounting is an acceptable financial reporting framework. I have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA.I did not audit or review the financial statements nor was I required to perform any procedures to verify the accuracy or completeness of the information provided by management.Accordingly, I do not express an opinion, a conclusion, nor provide any form of assurance on these financial statements. The financial statements are prepared in accordance with the tax basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. Management has elected to omit substantially all the disclosures and statement of cash flows ordinarily included in financial statements prepared in accordance with the tax basis of accounting. If the omitted disclosures and statement of cash flows were included in the financial statements they might influence the user's conclusions about the Company's assets, liabilities, equity, revenues, and expenses. Accordingly, the financial statements are not designed for those who are not informed about such matters. The financial statements of Costello's Marine Contracting Corporation as of July 31, 2017,were compiled by other accountants. Gregory N. Ferraris, CPA, LLC October 29, 2018 Sag Harbor, New York 108 Main Street, P.O. Box 1168, Sag Harbor, NY 11963 1 t 631.725.0145 f 631.725.5108 1 www.gnfcpa.com COSTELLO'S MARINE CONTRACTING CORPORATION STATEMENT OF ASSETS, LIABILITIES AND STOCKHOLDER'S EQUITY- Tax Basis July 31, 2018 2017 ASSETS CURRENT ASSETS Cash and cash equivalents $ 1,065,750 $ 1,657,731 Accounts receivable 180,968 217,514 Inventory 377,899 487,070 Prepaid expenses 39,329 65,068 Total current assets 1,663,946 2,427,383 PROPERTY, PLANT AND EQUIPMENT, net of accumulated depreciation 101,406 169,124 OTHER ASSETS Loans to affiliates 380,401 380,401 Cash value of life insurance 199,439 185,058 Security deposit 1,500 Total other assets 581,340 565,459 Total assets $ 2,346,692 $ 3,161,966 LIABILITIES AND SHARHOLDER'S EQUITY CURRENT LIABILITIES Accounts payable $ 112,238 $ 98,019 Pension payable 200,000 110,170 Sales tax payable 1,259 2,177 Line of credit 277,407 332,397 Deferred income 231,981 308,476 Total current liabilities 822,885 851,239 NON-CURRENT LIABILITIES Insurance and stock buyout 792,760 Total non-current liabilities 792,760 Total liabilities 822,885 1,643,999 SHAREHOLDER'S EQUITY Common Stock 2,000 2,000 Retained earnings 1,521,807 1,515,967 Total shareholder's equity 1,523,807 1,517,967 Total liabilities and shareholder's equity $ 2,346,692 $ 3,161,966 See accompanying accountant's compilation report. 4 Rflows �� COTELLO'S MARINE CONTRACTING CORPORATION STATEMENT OF REVENUE AND EXPENSES-Tax Basis Years ended July 31, 2018 2017 SALES $ 3,928,639 $ 4,037,596 COST OF GOODS SOLD 2,424,321 2,450,296 Gross profit 1,504,318 1,587,300 OPERATING EXPENSES 1,505,108 1,554,931 Net income from operations (790) 32,369 OTHER INCOME(EXPENSES) Insurance refund 14,500 15,898 Finance charges 9,973 Gain on Sale of Asset 5,363 15,000 Interest income 1,942 2,442 Other income 349 Officer's life insurance (6,650) (6,304) Income taxes (9,112) (54,209) Employee medical (9,735) Fines (225) Total other income 6,630 (27,398) Net income 5,840 4,971 c Retained earnings, beginning of year 1,515,967 1,510,996 Reatained earnings,end of year $ 1,521,807 $ 1,515,967 See accompanying accountant's report and notes. S RHO lie COSTELLO'S MARINE CONTRACTING CORPORATION SCHEDULE OF SALES AND COST OF SALES-Tax Basis Years ended July 31, 2018 2017 SALES Construction income $ 3,782,309 $ 3,939,311 Office fee 124,050 70,058 Permit fees 14,792 13,246 Other income 7,488 14,981 Total sales $ 3,928,639 $ 4,037,596 COST OF SALES Inventory-beginning of year $ 487,070 $ 447,549 Direct labor 1,078,552 1,082,617 Purchases 1,021,698 1,167,333 Payroll tax on direct labor 81,164 82,820 Equipment expense 56,466 63,626 Fuel and oil 45,485 56,550 Boat expense 15,382 19,902 Small tools 10,155 7,358 Freight and delivery 4,091 7,003 Radio communications 2,157 2,608 Inventory-end of year (377,899) (487,070) Total cost of goods sold $ 2,424,321 $ 2,450,296 See accompanying accountant's report and notes. 6 GNFERHARIS lie COSTELLO'S MARINE CONTRACTING CORPORATION SCHEDULE OF OPERATING EXPENSES-Tax Basis Years ended July 31, 2018 2017 OPERATING EXPENSES Officers'salaries $ 125,988 $ 127,988 Permits 150,895 170,768 Other saleries 133,893 148,519 Insurance 403,466 456,669 Pension expense 200,000 110,170 Rent expense 171,106 214,745 Depreciation expense 71,881 85,208 Legal and professional 54,281 61,204 Payroll taxes 35,065 38,510 Auto and truck expense 21,857 21,495 Other permits 21,221 29 Office expense 22,410 34,250 Pension administration 19,574 3,828 Interest 14,750 15,354 Bid expense 12,741 Bad debt 11,766 20,362 Telephone 7,317 6,735 Real estate taxes 6,026 14,896 Utilities 5,583 7,425 Building maintenance 4,990 Payroll service 4,284 4,261 Advertising 4,114 Contributions 1,900 2,835 Refunds 4,250 Miscellaneous 5,430 Total operating expenses $ 1,505,108 5 1,554,931 See accompanying accountant's compilation report 7 ONFERRARNS lie CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 fin-nish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work associated with the Sill's Farm Property Main House Demolition AS DESCRIBED IN THE Contract Documents made 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), , 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 2018 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 2018 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.state.ny.us r ' IVEW�o�' Andrew M.Cuomo,Governor9,p """°` ��,� Roberta Reardon,Commissioner �1ENT O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1 st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name&Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us I TOWN OF SOUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD ao�guFf�ltA BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL,COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located'at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/612020. Fees: Total: $0.00 Buil in ector - !' /', ... - ''� [.- :T;?.:y�}try Vd' ��,'. ,'. `4,. '� W.K. �` i:.. "1,t• AV -T .) � .-: P ,. f 5}':.w '� -r...w ..':,�. -.. .. �.I. i.',- •(fu-_.... -el ;a}a► 2 A fir' i a.tA � l��` r 4.1'�.'y,\1 i ✓^TV s� �``.ti ti i Y)� t•. �, � - }lit `.f !, i.5 t.��h: � i�, ,a � r r• t .Xtii i� a .r r_ j.. - t%. sa.,.. C ,:x < ) •e3,.j� r .,kms+R t,�_ � r _ t'"4Z r x`l J ' a � 1 ). t L r"..�i r ,'(••[.. i� :r n�"y-�• w ,�.,.� .✓ 5 L _. ]!1 t-� , �.-r _t..� �J�/ ?.K.,✓t�'F r' t _ 'fir i 7.: �'- _� � ,1 � .1 � l` <v�,,.�44' ��,..0��k{xyf T � r1. � i ..� � � t � ! '* �;:5..u,_., 3(�c4��ax...Jt�e�i:rr,'!7F r•�r{.. %�'�.,,�,•-a-yt 514h r.'T^+. r,r i-r,� 4A •. to a _i i5�, •� F{r �. '.� F 1 � � }(,,;t y.T�^d' �}�a;L. ��4..:ae' ';'y;S"r�� "3 J F } _ F .� � - .'Y =.` ,t, u�}. •i.€i' a - ,+{F�,{5��'x?yy�'�ei"!rrr�S,'' '-� J''��7T �. r r - yw �. 4fy �1 s�' •c.;>: ..:!' � � '+} �' "G.l.:Y:+` '1"��. �'_f�?!•!� L.- =.'� �� 4,ia,*- 1_.rx.. �.� .•� ..� yy ,r,,.l�K4 }�S,`�� a.r 4�••ra'1J fir;, f `" t-. ,-C., r tsr: s �•.xrr,r:�.. er .. >r ...,rF.r'. .... -.x ,.ye., ,F, .x_. t...,tyt.. i- ' L'r� - a•' w'."- at.F� �ti.•"`C•J �t ';M s..S» cr .t 'C,..• ,',if„`#•., i- „a tr v :x. ; �•:� �:�. � .,� c'`�'g. t+ta!`y��n �.:G�.. ._pS7 9't- r iF''ui ..§:^.�. �:+,.t t 7 V 1„ - ?+,. �' r.'.)'.. .,�y. "",,A°` •.!' ...1t. �..-,'r .' � :�r+�� n�✓,';y,-:-a }a�.'.l>J r Zy`h ...,,;;.....,,,a:::�., t ��..... _ .,.__-._... ...- .... ._ ...a»a•-�.ro. 2-fK'-.a -St;:"3?` ,r: 7' i„�: .y. _:� ��t'.�r%'^ �,�'S �:,.. .-^ ✓,"' s �... �l''p I" - l' 3...��a�� �� ;!. `A��''k fii',• i J.?j.. � .�•qra • 1' �4•• ....S rr< ,i 4 : �,.., �.. v # s ,1 r<.�ti • y 'v�. ,.K �#.F tr rY,?< ��ti.�, `I-�*t r.'- �a,:-, '.. !v,^�, -as -M1 k� h�;jl'Y•,r�, 7z`� �:,�.� M` 1-�.y{rt-?.�,.,�1 ,,•v�. ��..i•-�SL..T^.� _ ,.ttµ. ,�+y ,� �: � '� ,�, t-.. :;ar wx�S!• .rte. ts.,5t ��' �'tt '�1!•. ��,'.. >'.s+,.S�.J�`, •i.L ass' - ~ S1' ....,."� - L .:s"'t •4. •r. 'fi• t.,•��;,,�,+Y-eq,�ra�c��r+if.Ti:�{5• ,-= r : f l,- �`',. �_�r (` _ .�•.,�;, 'i'..2^t,v,a.}'.a�h .�,re«r. h'a..-S,-Y� `�'n. t •trtC f' ..:e�. ( im bt-t K i{'" Std a 1 1 r;'�:" �.e> J' w`;"Ss ,a.*�yxx�'. '.` �7 {°,• ''T,r'�i •*v" VY • �•+7 '.�, � 3}, t.' 1{'.I -z:�•.'e. �J t r S�j�� �-5' .J�.�� - �gggrr- LOCI, J 5.. +,.,t�'YcS-•� �� in,..: _ � 1 j t ",} ~t"' ,^-rI:':v�� `� i�,r � i• x ��`�!,y5�4y�� x A':Y ,• " •:•�ts✓5.,r<. .,, 1. >SI,tQFfr' �. ti'd"t-�.i7t•'1'•� �• zr.Jr .+�`f'.,:-�'F{ •t'. 4 _ Y '.-:1�t .s.:�.L, I { •lf' j.r Z.t.r+'`!'TJ+.1;j.t{;•-,eL-{J V(�� In-> ! j•-�,• ' yM�.l�..cr- h�,...t., � 1rt•.t,):*1�•���,_ K � _�.'r' .. V"� �u• M _ ,h.. r.�i.,r,•L-1= =f to},{MFh'1t�r. :. t.,� ..++ F•F a-,r••+sX`+ :Sr ;iy 'F�j:„>. r .:., � '.' �. ..� �., 1 n;�-x'" 5��r �M!'�Ti'` .`Y"•i .� •r' _ r 'i' is; .... s - t•_., ... '., . ..: �[... .... .. ': .:';^•t'r,.'t .x _i... ,s' ~-� ,{'-it„, ':,,.. �"�. ax".»5 w .a ,S• 5r .ex.'► _r.,!"�Lr" x.,._.�'.. _.- �.,,..y,:'{� �x ..r ,r.'Yk 5. -. -,�. ... :. ...<, 'z..-�:3,,. - -- 7 .'J_ )� 'r 'y �' :'-;i�•4 - :��:•.+..., r,.3..5f L ... n,. .,rte, .,.,.•r s.,... 1 ',.,r'-'�•�1. II;..�, ..;..-1''..F �: - .lam'' a� •' u:;Y'� �5 '.ret.af.,,aateL �+ ,!1 �,. 2,•..• tZ. J` •.s.'+G+S.,s._:-L��.�-�r. kk._. ,.w. .t _... r-'.,(_� --,..`t : - :.• >. s ':43 ,. y:,. � ,�+a�a +^�• *.y`.ci.k:.. .t:5+•ts.'w,r-t. _•., ,,. •� ,i,7?' w.rr..rx{.2 L :� s - x `7, :� �}5.�Vr...: f;.���qs`�. Yk�• ,?y 4..:�'�34 ,X yfi:. -•.Y- iF"i.. .n� r. !• _ 4 p'- k -..wL' :.Sii:,.. !':"'y,3.v'7t�''r�� a.1T-''i ,.'� +``��• -):-•( "�•�'`�.�k.•?r.i `5 L. 'f•S"^ `�i. -n4t � - ♦'yi."-Vf „�t��'�:{� 1 ',.jt-»5.,•�r'!:!r •�M' ��_�;,•t+".Ltr�rrf„+..:f,r. d Y��:�.r"'�-r.�''�FrS��:f '.Y', jL a,1 ♦. � .y.1•i y �':,.i;:.•F=: !�+: tJ��,� •"• ,�•",:r' r�. ::L .t,.. ,.�,y 'y..'t�'.�J."-�`�y F� 's•'�:�p r,,b`x.,s'.•r •in-�_ •� e:Jt'•r �-��r YW.,i�r �:;:.}Yy f _ '."����y�K;y '3'. ',•}S1��w ;5:}:"'.".-,.,s •'! S .-rX~` :n^il3.s.• : J, Vii'}� L�L.�!��...• +y�:' ^5 �,�'�# x� •:'L`�F4S�.y��+r' y, 1t..� � / i �aJ$�'^ •.4- 5 R-S. �.. :?'�rA�. 5 :1:. �.. :.3'i.:sr �„ ',i 'lr�_ �Y ��i F� :� �•.7"r' n '%�,�' Y ' S tt'.S"i`,y��'.f• .... ;'.-• :' {}(�` "-,r. � J. - 5� C� 't .v 1e�' � j �� r �- *Y ,r5.ljlxCrf'- 31.:, :♦ h•5 (�;.' , i��♦ l %^ G : 4 � E,.: , ;•a,. - rr .tt.{{ •' F.� 1. t,, '}:;, : �`.j �.�.} LI vN W rly". {L t i..igt J t- �2 �T..����'" , t-- 1 lyyr-_� ..T. ::'.y. -r..' � d .:. ,':�; 1'..'`.'�, ;' 'u: ,..:r"''�"✓ ..+r--.•..tea, .r:' 1rA: f..,.a-;r h:+• 1' y-. :�,# xl.►•:r -rF•,�'='t ..,. -..rn- ,r•' .: ."t rtr3-. .i:'. r ,< t r .wv � •ktiy; :r� �4.�4 aF - ;+"4���. 1. �+' a -7t1..,Y.r r't >:Nt- J fW ,y. 4:sf 2 - -•`- :+~"""Jy * v.... ..•zs�•Jf'�.7C-.P. t r�✓!(�•• ,,rX�'}�`" .�Sr.. Yl�•� n. �. : � �: ;5� y "'S} ! r y ��� :rpt,`�{{". ,``�??r., ,r.t;�r.-.,5:-t' y' .y •.`.�` :G32 .:,Y*M,y' �•.'+t'� ;���:r '�: { ri .St'" r. l ."+,.,r• •�5 V't5 ."Xi "'G:'.:: 'qr "„ w."R: -��Y,•r• aT��.r'p jj` # •'�•M3fFt S5�r� L s%k t r +~ J � ly } �, � 5 « `'� � �^'•'g '�'~'�vX� ,�,t�s s ��.1.�ci[. ��r''k �y;,••�-. ,.:.,. .. +.i'.. ,�.. ^r C' :�� +� �'J/� '� �1:;;` y ,yY':`��`t/ !{• - � w4`'F3t,'a' �w'i�Y.Yrt�i'" r 1 �'�+rt,t ` �� 5 ',•�'y -r-- �•..-L'E.::7!��...+•a:r••:J rr. Fa�. :��._.:"C*."' r..a. �r.+l '_!� fit: � L ' . Tx{.`�`n : :t i !• L A„5. a. _.,.'. Y•^ 'r•!•'+t,.r.w,.---i•... ^.nn•�...y.•.rx-..•r-r-»•.� �'+ :+ x4:. /4tt� :.}St't.-• ..�,S r ..a. 12_.•. ..1..: t 1. : 'n' ... .F.., •.^f..M1�..:K, • '^ .. .�,'.,':;.: T,. L,. ar:..;, r,..r- ;. 'J�� .•,F-••+�_ s .,,. ♦.. _a e IT+ f. r3': .Y u', 5:'n>.,y r-:�•..•-✓ r7,.5 r. Y..: ..,:.... ... �`1 ��'-) { .,{. ..•1`'" t +�f�+r;3 °+ .it-` ^,,.�' �y5,� ; �,'.Y: �' 1. 'N',,.,.l' � •x •• r -, 'Y/1 .z•:�:'S.'� (.M h- �„`+'''F:n."T.a.,�'�`/.stiT'''S, 'yti,r s'ti':."•A...'Ft�.4 'r �..t �''r':J��,7 w -t a..: f. - - _ •'Ya.'.� 'a -5:t;� ����i.. _�. R"47.�.. 4��«h•+ +'�,.i.'•Y.;i�'.K `%r y G;� ) a. r� R. r _ Y':f '�J L�'''{}_. - ._} t_-� { ..� �j..{,� 5 �`..L x. i Y ��js'--� '�•, _ M'' 3}:-..,�� ,:,:�;���' :ti •�.�' � r .4'•¢.c 4. TML'yr :J ..f� �,. ' F _ - � » ."^�"' -` '�rSa-1 [•`�' Al i.�rA• / l>' .,...t•'• ^' t ,'i,� .. ,i. ,,�- rt:.�h +,,��: F .. ., .-- �,'C itl�'srs ti S'"'T•3' '�... '.`SrSs '�, 1"�< ( .iw,,. • �`t'w;rr,, � }�.;c LL ..,�•:. r.,,-�•. -;-� '; `. ..-.' •.: .•r, :-:�.1;'�a4'i. Y. �,rr � '=7.�~i rRr, F<•ak•'.'�• .: :.;5:=.....�:. 9.:. .,,•'[. ,. ,..? t: ....r:. y . .. .-.., w� .j l�r5r.�. .r;`S.F'i, +.t t .11=�Y• 'j? �+:k- ,✓ -•'^. .. ,�,'.x/ � 1`•y F'� E l �j'3 S tri.• t"`i�,!`.��"'� '` .A��1��� .A�':M��l��- � - �',a?•4��`�..e.-r-,^"�,-,� �/ �,�..1'}.'.dn.,f.�,tw .'�•��•r�,., rt ��*���� _ �,`vhfiv� r•A.'A' ""'`�-,i,,;,' r'r., (- ..�,r 't :�F 5_: h:.'L `.�'. _ _ 4. - `+t.. f't�. c.ar•x*..'4.+�r5f4`' {�a�, `r``i J4. :l• •r.:t S.r .1 Iz li*>, •J.•t _ - L.- r r r. •7 rl•;'I ,. .t rr! [,.. - r'�l a,, .`i t�. ,i r. r.,t•. ...<._.:� .•J�iM t} •_R�'C.. �5+,2`rY. "`tA,•..1, •; @�� 'sy- _ � S ir",tj"�,..'Sj.t +'��� trl rr�d y^Y' - •i_:: .p,. "w. '';•,��' �•:=i.4''Fs:'�-y �-• .... - _....' YL � � _. '+y,!�«{�: � �'";-e"� : Tx`.�,*������ - J.r,•.<� :'a.:r;lyi,'��*L':.'�'x4{ •�k'k4' xr,'M• - Ati� �fwL..� S:,IC..'.�•�t .i" .;.., r ...., f(t ':�� a'�� � 1,i J3.::: r-a.r5 J'�.,`•3��rl':ti,y:- t�-r:. �`Shn, '�",;: ar3 {.: i..i)i.�. :.!' }-• ,..: v.:.�.. '-: S,: '\ _',�.,i✓^i•5 'Ti i.,i4,T}�` },t'rbk i, 'a'< �,•,+ .r.r �... •... „-�:� .. ...;:;r ..:,.:. -.. - :.'.. s L!n 3�SaY`wt.c �•:='L•' `� : „y, + :�".", Fe•."":,.ui." .f,:K :r•.#a. _..rl,,` ,-.:. •r„t,..-. 4- .._..�^ ,:, - ;•:u,- .n, - r +l. S:*S -r-i��r`'a -a. .T �• }j�. y .tir_,tm�.;,ru Srv'(' Z.. a f,.Y!en i. �i,.i '...-- -3..::r..-"C, .. _ _ -tf •4�(. YW'.L,''- f� !�.J'y l.. :5•`•:.7^...o.+.a, .-•' :ti T.:t' r - r: .._.' } :�'r-_ 4Ss: ,tt•'�-... tr .:,w.r,{4•,. a Yi J,F��- ;� x J. .: �•} ..'F_a .- E'+ - - t ♦.S r _ is� �� .:ti �v�' as'�C°.• - es: -v,.r a ::SF ..�- - _ ,�., '•'iyo.5e_ -�i'�X... ;{.+• ,,x.: u'!,�,^.,y'•`i`ilY'n4.. ,;.i. <r a 1 -;_tir 'D - ( Q.'` � '1') �s .�.. •'S r !•� 1J 1. 1� `1 `1 �.;to, � _ .;6..;�'�:t7:�•r 'n�t�-' .;h r"`r'• ya � 1'j��j i� +� '� ,A � t .t� ��'1 rt C'i� y .• { Y V'-Y �... �{ i 1- .��'4;�,`.,,,��., 1.._,�.}.. ':� r -•..1�`... ,r :'y b �`��GJ� h' �t. � �7��C � ��� ��� � :I�j�t:� 1 j�����. 5 L�.�:�r� 1� ���F �{` © �. 91jrj`�� » q ;., 1 t•.f•r.,;..q. •�••r .•,e+.. .a. ...,.:} +..�.'. ,r - ...-^-jv -r �r, F' _ •rr,.. 5 !p,� � -'i r 'rrt" '�,i�Nr -c<-F SS r l t.F 7. -"t - ' r. ,:�:' w •r,,,�s- x �.a./;r�.i''�, •t> _ � l�'. 5 -.✓ ,�tis�ti'R -.yt Fii. c;..' w "�'R�'.,c r. .: � ... -':3 .:.. ,.•• _..;. 'r' ' ......, f ,y .. .. >: .': i.�l a E r 42`. ,�,F, ,�t> :;� '� ..) r: �`y-4 r• .,,.".t. p!{. �"r:v L°..,w � ,. -..:.,. :.;:- ,.,.: •':... .:�: '�:5'>.'-_...,. .: 4 ,_.: 1., •FJ V( r i;� .tir .-rr:F.. •u�, � „t.n`cr�;�.�,.2 ii�` .._, y.,t.._c.. '.,.r.} n 1: ._. ... ."r..`.; :-_. ...., ;... • .. �..•- � �4.L,.,�• t ��?� 7.•:.� J yA:Y'�" Ffl. (� '_"?,v"J 3.:'' a.�. -�J/ •�'$ - rV � � ..... r.- �` 5 .:.:t s _ ,,;z, ;;�.:•; F ...�. .!- - _ .t j +r� t 3 .n> t•; ;4.; '�'�:' f ���•.a ... t :5;: �- r vy- �. � t. � � .Y`� r �.:_.; is +r..r: 4�t�>5..` tlE_ �':,SCJ�i .f�J.y' r.., w!xl ?'< t... 1� ) t 1, -.� ..-.r + �.•.f �,µ�? .-?t�. is N'.'"V j�" ,t +. _ `.51L �r 3 rt Y •: L. � L� G- r. 7:+ �. T> ��� ,,,. •i�Sr ;s,. �� .,t�!'.'1'.,. ,'s,_�-',r tin a i• �y, i ri" Lf :... r. , .. a�'��.� ,iii T, •��w .� �.r �. S .� TSS Y - 1��. - �~L:: j. Ai � ��� r i .may, .._.,,. r, � "�' -,' '.rt t -".' i ., to :.,� 'FCik .J•., > _ ��. 'r"�`'v;!E• � '�"'ry. •fir'. •1'J w.t.- w/.:� v5.i� l ti.q_' Cr.i. '.3 � 'vi E �' 1 ,•�>�Y;;.. �'(. ;�^i:. ..5.� ,: y.:.•:., -,.:.. .._ J:- ':! #'x _ :.: ::�. -'F, :',•ray,r a-1" 'Dr b ry'r 3.:5, :'yi-.-` I "Q-�'•. '£� t•'t i+%' f.. >~. . L, .t:.r•. ..r +y r.� r,„ .r?Y,r,., -.t...,,r A a^',1(C�?e-5...••t'.,�5 -s,;.''S,,; �C.> a _ t•a..c r 4� �s .rr x-' :�•G�. r ;Y•. r �<.c+•'Y' ✓t• _ t�.. ,1.,u ;,.'w.�:. 'w•41,ur.7 :�.'4.�k ....�.7- ,..rr � �'. - - r ��,�y •�, ..i+."`5..., t .,�':�: ��. 5 °Lr +whd'y.ii+� G_�.r._r_-r��.&,'�"R".•.Y.. tltic�. T.iRrr!rr..r..ti�f�r!'h:!•n:.,I►, '?`•' :.a�1t�.�S1'•F�i`t`i.- .rr�'i:Tl,.`F��lb-r `�-��r' �v i��'iti.'2 APR IED AS NOTED DATE: B.P.# ,31 FEE: r- BY: NOTIFY BUILDING DEPAR ENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2: ROUGH FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE - REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. -- ------- COMPLY W-1 I H �LL S G r _ ------- ---- NEW YORK STATE & TOWN CODL AS REQUIRED AND CONDITIONS G, T., ' BOARD S%Tft i OGW'iWEES RETAIN STORMWATER HAPTER 236FF ?IJRSUAN O OF THE TOWN CODE. Abh t.IfE, S •y t� ,1 " i1 j _y tie'•t1tS `+.t,r:.2 r E,. + , r�r ,L..tt `J , j,tix•l t>M•+. ?r �.. /• ° '+ rt rJ'tt \ :,q.• t \ i{. .tt ,,, t t{,, �s r s s Ji{y•` 3 �fl, NN- k­_1 t, rr"�} �_, 7 R E k 3 s Lt°tif S , ti+ T h 1 t h F !t tf'.r s { s� t' F�r4 i ;i�<� e � t.. ) 1 `�. F .L , .L RA•rl � i, � r r t., t + . r 71 r�rr �. ,� '� f E s• r �^. l ` � r. 1 •,'�t w t ri i+. i j i �S 1 t t :j v f1 s y 4. ?t 1` 7� ' r '': '' 1,�1 + � 3 t t ,t + ••� t +. t� j I;,i'��.. ' ,I 1 i 11 r� nla tti 1 - a t ,r 1 +) ,V• y.,y: ...,�,, sir • f ! V A r2�• \,I t`i i i; r 't f 7 V } ,� 1 t Kt3 �,,�••• 5 r** y it t '.t� jf"t+ t A '�S a t ! t, d �. 1. �,i a f r.•s-�' r i t 1 A r E i.(r , j krrl', • 1 tty A r t A ,/ Z 1 S Ti r d �' i , 1'Ej ! {�/'f� • y�,, E A*. : F `. ,� � r� tt r R t s �i r t � i r S t •' `{ � r}rfw 'S•'✓y 4i t F,. e �� E�IS„` 1+. y; �7)t i t� ;}` _ �.e• [ •� t rttitl t r.Y Y.�V !"1�; �)tk�f�,t1t,�� ,r, rA 7r J A I F d + t t i ,s L +• r / r r r+f i s -r.. l c�5-y • , • r t r , R •` , (• s + A t�j �f t 1 E li ti (. i t�, RESIDENCE rSF 1 e� {t.,rt vv 4 e••.,• LITION PROJECT r, t t :s, -.,t� t (� ,"y.X f'7• !. t t 't ` r iE if 5 c ,! r i ••[V ,t �r Al , Ci F )+( �•h1f,})J�e.4 ! t} l • �`fCy •'ni`if 1, y Itn _S re �.. •••t t , +, t4:, itTown of Southold t { �i S}♦ k 1;,•t{r i ttf at. r "`r� t �4r`' ''V +.fit w�7>rje it{.E `M r1,.��� ' j - ,t1+jr .•1 T ' (tt r •. )t �. s b. i s r \ �v� '� _ -4�" \j `~` �� tt h�v� l "�.T�>ti v}l•��� R, v In -.ti ,I,t r ' i f l• t +A j�. '(J 7''i+ , f ' ^.^ :t. a .sr - .f'+ CL.+ y+•. ; ) A� ,.. t + L �. , r { > r� ' i i t. �I t E, , ., ,�Y ��`• � 1�� e r� �•'7 y��isd1�` 1 -�.l ,, G7 rYa r t• � 1 ;�, E �t r� y ,t �• � i fir 1' ;dt 1 1 1 y1`yft't 1 l ,7 j 5 1 fi' t •' t:;) t R }; L ,r. }�} it + R S`�4('' �, 7�ii` -a.3r�� Jt'Z�J.: t ` as � t. j t E ,`rr r t t 11 L `�• .. 4 ��3 `A� s } r t t 1` � 7t 5 .; t i r• � i '. Rti :J+ • � '� r ,�-••.5. t' {Y t t S //s�.s�__...,•r t` .,+, r / t t / ; 'tel ` ;j t Y.vj `�i••C: +-. .+:ti. �:fir✓4'fi }4 t r t l�,+l.fh 14 > y. 7�� ,, H A l i. r Irl-, r aA'j�' \ r t1:� � fi•!'+ r t � �" , rf' .e• 2 .'+ t' tl' r t 1•xl r s C '. �.- D�7�}7 V �`>rts��na"''�r`t{-''a,'L4ljltt;t7Jo�yr�"'7y�tets�.Ix'v't�it'`•,c��+yt��i't',�ets �Y\�Iflw!�,s,,�/,fap.ru�.�`.(wt.•iht^rw'`r�J"'r�!"t 1i-�1`h}`7.W'r?,��y,yy1��E G,r}'•, titt o EL/�f..{itst,.Fs ASF+F-�a)t.om.'�r/ ,yt�.A1,.��.r rr t rr•+� , s ry. tit't tLt E+�••'1 hj 41tv. . t ` �`1 t,t �4\)L'`r as{ly�At7/7 I L trr,''•',.t �{/t1'• /1 j•,,ir.���-l. �i•.t IA. ,j •r "I r�•re r iM�77 S ;�.7; sS�.j-ti`s f� Y ':+'`.ii '*rr ���F Ft � ,� ry.. 1 'd � r t ti` 'V'i Std. � .' �t.Yti�� Jam'.•+f"'"i 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property In the area Indicated on the site plan and the removal of all trash and debris � off..: (/� t✓��4} E tiL .x .,•, ,t, � t ,!4 ; t � , •.J"'>.•V�' ey .�,r/•��., �.yy�",,,..sr��. t �.la \�.+�'w C../�fx,}1�' R}7 , r +'r ``�ft' ..' r� f E � � };••ti's �1'.>�!(2�Y�`.3.,E.sIt:x x�.����•.�4 f r .r'� ��i tit r...sl t- �+/ t� sem. i; {r-! 'Y: 4 r • • PROJECT NOTES: generated In the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6")Inches of topsoll as per the project Specifications. The Items to be demolished Include but era not limited to the followIng: Removal and dispose f a ry wood frame single family structure with partial basement. Removal and disposai Oof an :•r:eing fuel oil tank In the basement of the sln&family residence 2. AJI ca ts associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting• disposalRemoval and disposal of two existing fuel oil tanks located behind the single family residence fees, afety equipment,all labor,materials,equipment and Incidentals necessary to satisfactorily Ah excavated areas must be restored to grade with clean fill. camp iite the work according to the plans,specifications and/or as directed by the Engineer Removal and Any and all other referenced above. 3. The C ontractor must adhere to the oonditlons of PERMITS and Is responsible for all coordination DepartmentNo extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County :)WNIOF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST UILDING DEPARTMENT Do you have oneed the following,before applying? OWN HALL ealth)UTHOLD, NY 11971 -- •- -- - -4 sdfs'of'`Btiildiii�flans ? EL: (631) 765-1802 Planning Board approval kX: (631) 765-9502 } -Survey'` )utholdtownny.gov PERMIT N0. ,-'1 �`� Check Septic Form' a N.Y.S:D.E.C:. Trustdes•' C.O.Application :aminedQyl " Flood'Per iit '2Q Single&Separate Trass Identifi ation Form Storm-Wat6r Assessment Form )proved 320 ; Mail to:' sapproved a/c Phone o3/ :piration 20 DBui g, ns ctor OCT 3 0 2018 AP-PLICATION FORtIRLWN BUILDING DEPT. Dat __�� J� , 20� TOWN OF SOIOLR3 INSTRU,CT'IONS. a, This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plan s, accurate plot plan to scale. Feeaccording0,schedule,.._ i. b. Plot plan showing location of Iot and of•buildings on premises,relationship to adjoining premises or public streets or eas, and waterways, c, The work covered by this application 'may-not be'commeaced before issuance of Building Permit. d, Upon approval of this application,;the Building Insppclop Wilt issue a Building Pe mit to the applicant. Such a permit al I be kept on-the premises available for inspection througlibut the w6rk. e. No building shallbe occupied or used in whole or in part purpose what so ever until the Bu}.ding Inspector Sues a Ceztificate-of,Occupancy, -' f. Every_building permit shall-expire.if the-werk•authorized.hds'ri'ot commenced within 12 months.after the date of nuance ors has not.been completed,Within I&months.from.such-dfife:=I iia zoning amendments or other regulations affecting the operty have been enacted in the interim,the Building Inspector'may authorize, in writing,the extension of the permit for an Idition six months. Thereafter, a new,per%ifs1iall be:requixed:°:' ' APPLICATION IS HEREBY MApE;to tbc$iifl dg!Ieiient for.'the'issuairce of a Building 1'errriit pursuant to'th'e uilding Zone Ordinance of the Town of Southold,Suffalk County,New yark,,andi'other;applicableLLaws,Ordinances or egulations, for the construction of buildings;ad'difi,ons, or alterations or for rem'oval'ox•dentdlition•,as herein described.The )plicant agrees to comply with all applicable laws, ordinances,building code,housing•eode, and'regulations, and to admit zthorized inspectors on premises and in building for necessary inspections. (Sieifure of applli=4 or name,if a corporation) (Mailing addiess of applicant) ' tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder lame of owner of premises _ As onrthe tax 'roll,Qrllat st;d ed) i applicant is a corporation,.sl maturez duly'authorized officer (Name and title"of corporate officer)' Builders License No. 'lumbers License No. Uectricians License No. )ther Trade's License No, LZland on hich pro osed,;work will be done. ; IJ House Number Street' , ,. "' . Hamlet County Tax Map No. 1000 Section Blook Lot 2. State ekistirig use and oo�upancy of premises and intended use and occupancy of proposed construction: a. Existing use.az d,occupancy b. 'Intended us.e'and occupancy 3. Nature-of work (check which a'pplipable):New B�Ilding.'- Addition Alteration Repair ' Removals Demolition 0 Other Work I - I � (Description) 4. Estimated Cost Fee (To be paid on.filing this application) 5. If dwelling, number of dwelling units . Number of dwelling units on each floor If garage, number O cars 6. If business, commercial or mixed occupancy, specify 'nature and,extent of each type,of use. 7. Dimensions of existing structures, if any: Front i Rear Depth Height .-,Number of Stori'Ps • 4 ;� . t Dimensions of same structure with alterations or additions, Front Lear .- Depth Height ; r Number re , :•. - , 8. Dimensions of entire new construction: Front Rear Depth ; i i Height N ym, - of%fdrj6q= . 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner ` 11. Zone or use district in which'premises are situated 12. Does proposed construction violate any zoning lave, ordinance or regulation? YES NO 13. Wi11 lot,be re-graded? YES NO''. ' 't'WilltmOess ffrll'he;remov'ed•frozn pxeinise's' YES`' NO 14. Names of'Owner of premises-' `!` ! Address _ Phone No, _ Name-of-Architect Ad4xess'.' Phone'No Name of Contractor -I Addrgss ,. •.Phone•.No. If' t.. ...• .. _�. .., • T'lT to 15 a. Is this property within 100 feet of a tidal wetland or a freshwater.'wetland? *tXES. NO * IF YE8; SOUTHQL-D TQW;N.:!,TRUSTEESgr�D.EiCEw'PERI"IT -M&I'BE REQZIIRED:" b. Is this property.-within•300'feet of a':tidd11mwetlan4 • `YE8 N0 * IF YES, D.E.C,.,PERMITS MAYBE-PTOUIRED! 16, Provide survey, to scale, with accurate foundation;plan and distances to property lines. 17. If elevation at any point on property,is at-10 feet oir-below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES,-PROVID•E A7CQP .—,- , STATE OF NEW YORK) I SS. COUNTY 0F , . I --- - -- - - - b g duly sworn,deposes•argi VW0'ihe'appl1cant' -- (Name of individual signing contract)•abovdhamed; Notary publ'�e,State of New York _ No:•01BU6186060 . (S)He is the Qualified In Suffolk county (Contractor,Agent, Corpoiate Officer, etc.) _ of said ownerior owners, and is duly authorized to perform or have,perforraed the said work and to make and file this application; that all statements contained in this application are true to le best of his knowledge and belief;and that the-work will be performed in the mannerset forth in the a - 1l daf ion.filed therewith:'" Sworn to before me this f� 7Jt� .day of Z0 � U Notarf 1'utrlic :Signature of Applicant . . DIVISION I - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS-DIVISION NO. 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 13 DIVISION 1 -GENERAL"REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general, the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six(6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet-facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 DIVISION 1 - GENERAL-REQUIREMENTS accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LIE17ELS AND SLqZVFXS A. The Ovmer-'s Engineer-will establish one (1)bench mark and looatien of the work lines as ef.-..iive pvaiac+ f +t, Contraeten i..a B. The r-efe1, 11 be . +.,ined b the Gentraet0��therTc }ems or points �r,«ir�.c�ni�mccan� levels, grades, etr , shall be fumished by the ` + + ft the refffeflee points. C. Re establislunent of the referenee peints by the Engineer fi3r-the Gentraetor shall be done- uv the vvpA1 tAV LVl J VllUense. D. The Gop&aetor- shall ver-if�, all 7 lines, levels and dimensions as shevm on t drav�4ngs, and he shall feport any err .steneies in the aferemepAiened to the Engineer- before eatraneneing work. Commeneement ef work shaJ4 be eoFFeeted by t Gon+r.,,.ter-at his o LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five(5)years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 - Page 4 of 13 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project .for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M.,A.W.P.A.,A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications, bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave.the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final eei4ifioate, the Gentr-aetor- shall dolivef to the Owner following guar-apAees in addition to these speeifieally required in the Gener-al Genditi a in tvarious + r-espeetive eontraet to be new and of good quality .—pect and to r-emain se for- a- DIVISION 1 -Page 5 of 13 DIVISION I -'GENERAL-REQUIRE4 MENTS period of (1) f ger=T-riotYJ--t§'here so proyidc'a�he Speeifications� 1- � "a Y"a a from the date_of" f+1, Final ! ,-+'f + 1 +1, Engine as..aaa raa V 1 111U1 l�li , G. Should at*, defeets develep in the aforesaid wer-k ,�Nzithin the stipulated pefiods due t0o faults in materials and/or-workmanship, the Contfaeter hereby agrees to make all r-ep work, luulullg including alae + � 1 ,1 11 otherwork damaged b 1,+ efwise af-^+ed by making of t� +' 1 t, 11 b, done; +1, eost-er ________� �.J ___w.a.ab vi ,.aav ivt.ruuJ Vl VVIIVVL1vV work JLl expense to the owner, and at the +' + d t r_ + + tb F /cl ---1..—_---- -�. ..__— ...._+ a� wau,.,u„.,+,u,,av via�uv vVJ��.1111L Vl11J V11JV VL lll\. V � days after- notiee to the etor, The o:,A%er- may have the weAc done and ehar-ge the cost thereof to the Gentraeter- and/or1,;s Q„« +' 1, to die ev'Mer- t + f 11J Ulll VlllJiTVa#eepay sueh work if the Con-tr-aetor 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 bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010 - GENERAL DIVISION 1 -Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials,tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees thatthe nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM I —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3 —RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION I - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities— Electricity, lighting, heat, ventilation, telephone sefviee Pinelµg fax maeh n , water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORAR-Y ELECTRICITY The Eleetr4eal Gentr-aeter sha4i be responsible for providing and paying for-the tempemr-y el-- i- shall be itista4led within 30 days of the award of the eentraet. The Eleetr-ieal Contra 1, 11 ber-esponsible fer providing + ro aFy eleetr nr rowe to all trades, for-the duration f tL TEMPORARY WATER SERVICE A. The Centimeter shall provide tempomr-y water- sei=viee for eonstfuetion p tar-y f •1•t'es, fire .otoetio and for ele B. Potable water shall be furnished for construction personnel by portable containers. Q Water- sen4ee shall be proteeted from freezing, and the ser-viee shall be extended r-eleeated as neeessary to meet temporary water-fequireffients. P. T1 he Gentraeter- shall install a metef and pay fef all expenses assoeiated with temper-aFy iusiuiag all nee .,., J Y and fees required for-temper-ar-y wate.- E. Comply with 11 l;e-abl€elides--and—affange fer—all n-F--. +ions and approvals. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 - Page 9 of 13 DIVISION I -GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect DIVISION 1 -Page 10 of 13 DIVISION 1 - GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 DIVISION-1 - GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated.by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities,personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501 —HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222 -Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 DIVISION 2 - SITE WORK SECTION 02050—SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood,metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2- SITE WORK SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Environmental protection QUALITY ASSURANCE A. The Contractor"shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be'done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their-proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 -SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. _Any-trees.damaged-during-construction.shall--be--repaired--by-an approved tree-surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off DIVISION 2 - 4 of 8 DIVISION 2 - SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2 -SITE WORK SECTION 02222—CLEAN GRANULAR FILL ' DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The-Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2 -SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passim 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 -SITE WORK The Contractor shall rake\ and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL DIVISION 2 - 8 of 8 W SOUTHOLD TOWN ENGINEERING fie. ,N41' PROPOSED SILLS RESIDENCE A DEMOLITION PROJECT G R E E N P 0 R T Town of Southold V "MAI, James A.Rich_ RA _ AS NOTED AUGUST 1,2017 77 F�' A A:;K `i"M- k 'V 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property In the area indicated on the site plan and the removal of all trash and debris DEMOLITION PROJECT NOTES: generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications The items to be demolished include but are not limited to the following Removal and disposal of a two-story wood frame single family structure with partial basement Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily -All excavated areas must be restored to grade with clean fill complete the work according to the plans,specifications and/or as directed by the Engineer PAWING Removal and disposal of all miscellaneous and assorted debris in and around the residence. shall be included in the price bid for this Item. Any and all other minor Items that may become apparent during demolition but are not specifically referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies A-1 seeks and receives approval from the Engineer prior to performing the work STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State r One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal.Agreement N Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: N New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number:- 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road ❑N Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: N Check if same'as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 N Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract; Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/l/2016 TO: 3/31!2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: © State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) 1 # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: © Attachment A: © A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants © Attachment B: ❑x B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A) Expenditure Based Budget (Amendment) ❑ B-2(A)Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget(Amendment) ❑x Attachment C: Work Plan © Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page IN VITNESS THEREOF,the parties hereto have executed'or approved this'Master Contract on the dates below their:signatures. CONTRACTOR:' STATE AGENCY:' Towp of SoiithoId -R;.dIYS DepartiieritoStafe.r .53095 MhftiR'a '' Qne;Coiiinerce-Plaza.`;: s, -Southold'., V •-1;19,71 • 9g'Wast u gtori Avenue=;Suite 1010 Al hariy 'I�IY;;123;1: .t. '•�•, - „gyp.« b :3:"Y - - •E'�M. t� .{,�. e.. r'[, P.. x PIlllted N11(.; :- PtxlltCd , -Dlrcr of.fttdrtat Attrrifitlstritidn. •F:P"n _ ..:r =f= . . nD,{ ate: ate:-;.` � ' F `STATE' F°N 'W- . O E YQR`l� . i.. :u t :, :'-•' , > �..... O befaie:me;;, .rsoiiall:-;a :,> tA : e` own ini b.' ie: iv r"did -to:rn kn lioeizi m diil':=s o . ,Y Y„ d�V-o ' �e:'and> }tha� e' �>`� th 4 the COtItTaCtOI vX` •,described herein which executed the foreg oiri iristnft t•'-and:tM' li'Y lie si'. 'Seel: eriiame' tlierefa as'autl orize`cl b` the contractox'namie-oiiAhe face-'a`e�ot this, aster, 7mtract; MIGHBl:l.EC:"=tQNtASZEWSK! >. r ✓< NOTARY` STAtE' NEW;YG ' s., No. 0 n;s `Caurtfy!' ;.ATTORNEY GENERAL'S,SIGNATURE';, STATE CQMPTR:QLLER'S,SIGNATUItE By: r A NY S' 1) Title: Allt 24�$ Title: JUL bate: Date: ,- ��`L{�tifilttlG 1 RCTti,C� c�tuN.etite�. ' ,FO -THE STAN COMI� OLI.k`H: Contract Number: #Ci 000970 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 constrUctioti 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 e 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:#C1000970 Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions five million dollars; and,, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of, the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence.is as follows: 1. Standard Terms and Conditions., 2. Modifications to the Face Page , ; 3. Modifications to Attachment A-2 t,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. Maddition, to the extent that such modification meets the criteria set forth in Section LB 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). ` 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 1(V). Contract Number: # c1000970' Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State.' Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the,laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a courtof 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 beedgiven either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number:# C1000970 Page 3 of 25,Master Contract for Grants-Standard Terms'and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the .purposes of receiving notices under"the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt'of the return thereof by the United"States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and,every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: -The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall 'include, but not;be Limited to, the State's option to withhold, for the purposes of set-off, any rhbneys'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 fora term commencing prior to the term of the Master Contract, plus, any amounts due and owing to: the State for any other reason ,including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including,,in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable.in damages for any and all accidents,and/or injuries to persons (including death)or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and_cost of every,nature arising out of the provision of services,pursuant to the Master Contract., N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the'Master Contract may not be assigned by the Contractor or its right, title' or,interest therein assigned, transferred, conveyed, sublet, or otherwise disposed,of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to 'require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under . Contract Number:# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions i 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 • 1 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:# C1000970 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 §1794, 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:# C1000970 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 t6the 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.sueh 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: - - y -- -- - --- -- - - - - - -- - -- --- - - Written-notice-Service of notice:--Written-notice of termination shall-be sent-by-:---- (i) personal messenger service; or Contract Number:# C1000970 Page 7 of 25,Master Contract for Grants-Standard Terms and Conditions (ii) certified mail, return receipt requested and,ftrst 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:# C1000970 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 11-A of the State Finance Law to the extent required by law. 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 I I-B of the State Finance Law. Contract Number:# C1000970 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,forthe 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:# C1000970 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), 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. 7 Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period(i.e.quarterly,monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Master Contract,they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. Contract Number:# C1000970 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: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 is-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 h 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 theMaster 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 thebudget 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:# C1000970 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-l' (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). Allrequired-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:# C1000970 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:# C1000970 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: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with'a recommended solution thereto. 2. The Contractor shall immediately notify in writing' the program manager assigned to the Master•Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based ` upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of-employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 Page 15 of 25,Master Contract for Grants-Standaid Terms and Conditions i Master Contract and/or any subcontract entered into under the• Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall,be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained- herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of$100,000 prior to giving written permission to the Contractor to enter into the subcontract. ,All agreements between the Contractor ,and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the"terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the, State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the'subcontractor must submit a Vendor Responsibility Questionnaire(Questionnaire). 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and-all subcontractors to submit to the Contractor all financial claims for Services or work-to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule),and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting, the required reports and vouchers for reimbursement of services or work, as Contract Number:# C1000970 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions I 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. 0 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:# C1000970 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# C1000970 Page 18 of 25, Master Contract for Grants-Standard Terms and Conditions I (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non-personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips,and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number:# C1000970 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: 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:# C1000970 Page 20 of 25,Master Contract for Grants-Standard Terms and Conditions i 1. 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 perfor n 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:T-he--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.# C1000970 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 3.12 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii) employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the,applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972(P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 Page 24 of 25,Master Contract for Grants-Standard Terms and Conditions i 7. Prior to making a final Determination of Non-Responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non- responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. O. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish the State Agency with this information as soon as it is available, (ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Master Contract by the State and (iii) remain in compliance with the OAG charities registration requirements throughout the term of the Master Contract. P. Consultant Disclosure Law:9 If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract,the Department of Civil Service and the State Comptroller. Q. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. Not applicable to not-for-profit entities. Contract Number # C1000970 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless,the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions.of any applicable permits, administrative orders, or judicial orders and this Agreement. B. �Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for,budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications'exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds,among program activities or budget cost categories, but does not affect the amount, consideration, scope-or other-terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than�five million dollars; or 2. The amount of,the modification is equal to or greater than five percent of the "total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the -Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they,,are originally produced_ Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract ,shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the.Department,'unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement,the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to,complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause,to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. 6. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam.goy/i)ortal/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://dbr.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: #C1000970 Page 3 of 20,Attachment A-I —Program Specific Terms and Conditions is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE requirements"as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor, and construction contracts involving not more than $35,000 and purchase contracts involving not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://osc.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https:Hportal-ose.state.ny.us. For direct VendRep System user assistance, the Office of the State Comptroller's Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the Department of State_or_the O.ffice_of.the-State-Comptrolleris-Help-Desk-fora-copy ofthe 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 1000970 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.ny.gov Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold, NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell@town.southold.n .uus 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 lime during the life of this Agreement[Name of subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS regulations, [Name of subcontractor/agent]shall comply with the terms of 19 NYCRR Part 144, as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a material breach of this Agreement constituting a sufficient basis for suspension or termination for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference. M. Minority and Women Owned Business Participation Article 15-A of the New York State Executive Law, as amended, authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A. Contract Number: #C1000970 Page 6 of 20,Attachment A-I —Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York,Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction., "b. The Contractor to the subject contract (the "Contractor" and the"Contract,"respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women ("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE",and"WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New.York State Certified MWBEs found at, the following internet address: https://ny: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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/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: #C1000970 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-response' s by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract, the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment,job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or'other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned -Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-1 —Program Specific Terms and Conditions 4) The Contractor's EEO policy statement shall include the following language: i 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 subcontfactor as to work in connection with the Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess of$250,000,the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis.for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20, Attachment A-1 —Program Specific Terms and Conditions Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the Department of State through the New York State Contract System ("NYSCS"), which can be viewed at https://ny.newnycontracts.com, provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Department of State, either prior to, or at the time of, the execution of the contract. b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency shall be entitled to any remedy provided herein, including but not limited to, a finding that the Contractor is non-responsive. 5. Waivers a. If the Contractor,-after making good faith efforts, is unable to achieve the MWBE Contract Goals stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non- electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request must be supported by evidence of the Contractor's good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE Contractor Compliance Reports described in Section 6, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. Quarterly MWBE Contractor Compliance Report. The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F) to the Agency__by_t_he l day_follo_wing each_end-.of_quarter--over-the-term of-the-Contract-documenting the progress made towards achievement of the MWBE goals of the Contract. The Agency may require the Contractor to use the NYSCS to submit utilization plans, record payments to subcontractors and otherwise report compliance with the provisions of Article 15-A of Contract Number: #C 1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at https://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, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses, and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect, the Department of State (DOS) has implemented a Veteran-Owned Businesses (SDVOB) Program, as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained, a quarterly SDVOB utilization report should be Contract Number. #C1000970 Page I 1 of 20,Attachment A-1 —Program Specific Terms and Conditions submitted to the Department with information of the utilization percentage achieved during that quarter. Contractor Reporting Forms are found at: https://ogs_ny.gov/Veterans/. 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: htti)s://ops.ny.govNeterans/Does/CertifiedNYS SDVOB.pdf. Contract Number: #C1000970 Page 12 of 20,Attachment A-I —Program Specific Terms and Conditions II. Program,Specific Clauses (revised 7/1/14) 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 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department'in accordance with relevant provisions ,set forth herein, together with the following terms: a. 'The Department,, upon, approving each payment request, shall make .an interim payment for eligible,and supportable costs incurred by the Contractor. b. The final payment request will not be processed,.by the Department prior to satisfactory completion of the,Project., c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement; until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such 'liabilities unless: 1) funds have been reappropriated for,the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is' approved in accordance with Section IA. of the Agreement., 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the' parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s),,which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share.of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-I —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects I 1. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to'subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. 2. The State shall make periodic inspections of the project both during its''implementation and after its completion to ensure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. 3. The Contractor shall be responsible for ensuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply.' C. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: "This (document, report, map, etc.)was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund." D. 'Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the'Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of20,Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is, self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. I) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20,Attachment A-I —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1,000,000. E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety(90) days or b) the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule,for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged,to non-residents shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or localpublic facilities. 3. Reservation, membership or annual permit systems available to residents must also be'available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or,public waterfront land, the following additional provisions apply: 1. The.Contractor,shall not at any time sell or convey any facility or,any portion of the'project acquired or developed pursuant,to this Agreement or convert such facility or any portion of the project to other than public .park,or;public waterfront purposes without the express authority �of an act of the Legislature, which shall provide-for, the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements,as shall be approved by State. 2. The _Contractor agrees to, own a property interest sufficient" to maintain and operate the project in perpetuity.• The Contractor shall "not authorize the operation of the projLt; or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first,obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP 'PRODUCT REQUIREMENTS -- The 'following general cartographic requirements must be adhered to by the Contractor: a. Map Products and Supporting Data-- The Department requires delivery of digital map products, including all associated GIS and/or CAD, digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog-map products are required by the.,contract, they must meet specifications outlined in' this GENERAL MAP PRODUCT. ,REQUIREMENTS section and, 'the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file'format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP 'file) or downloadable from an ftp site 'on the Internet. Alternatively, the digital products may be provided as 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 f les describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums,used, coordinate system,RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested'must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map 'Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems-- All map products.should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88): Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually, and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a' common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication--No duplication of points that occur within a data string is permitted. d. Connectivity '-- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-I —Program Specific Terms and Condition-§ e. Line Quality -- A high quality cartographic,appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must, be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth(.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products: All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. 'Base Map Media--All maps must be created on mylar or other,stable base material. b. Map Scale -- All maps of a-similar series,should be created using the same base scale. Unless otherwise stated by the Department,'all maps should be compiled at 1:24,000. If other map scales are approved by the Department, where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map:Registration,-- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality.of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section.outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product-must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe®Acrobat® Portable Document Format- PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract Number: #C1000970 Page 20 of 20,Attachment A-1 —Program Specific Terms and Conditions ATTACHMENT B-1 —EXPENDITURE BASED BUDGET I A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A.SALARIES (including fringe benefits Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedestrianbridge.............................................................................................$29,178.00 Lumber and associated hardware for boardwalks,observation blinds, kiosks,timber guard rails.............................................................................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools.................................................:........$705.00 Crushed bluestone for parking areas........................................................................$5,000.00 Trailmarkers.................................................................................:....................$225.00 SUBTOTAL $51,158.00 -!!.-EQUIPMENT----— — -------–-—---------- -------------- -- ------ Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES --------------- -- -----------------------------------— ----------------------- — Testing of septic system and asbestos.............................................................................$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia°NY 11716 EIN# 11-3612196 7 Demolition of Sill House..........................................................................(�$60,8337 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 ATTACHMENT C -WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by'adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including newfy acquired open space parcel. Dilapidated structures and septic systems will be removed and the area F restored to a natural state.A section of Moore's Drain Creek will be day-lighted and restored for habitat and ` fish passag!;Xlean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels,in the Town of Southold, Village of Greenport, and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill'property. Goals of the project are to increase public access to the Bay and Sound,restore habitat,remove invasive species,and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks, observation blinds,new and restored'parking areas, restoration of the Sill House site, daylighting and habitat restoration,at Moore's Drain, educational kiosks, a new footbridge, maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs, and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed,constructed, and/or produced acknowledge the- contributions of the New York Department of State(Department)to the project. The-materials must include the Department's logo and the following acknowledgment: "This(document, report, map, etc.) was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products,clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product. In addition, all draft products must be submitted,as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using,300 dpi scanning resolution). • Final products:two paper copies of each product. In addition,all final products(including reports, designs, maps, drawings,and plans) must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format- PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, the Departments contract#,and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department, and comply with the requirements for Contract GIS Products. • Electronic data for all designs,drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. • Pictures and photographs must be dated.and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must,be submitted in JPG or GIF format or other similar product acceptable to the,Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. .Project press releases and other notices shall be submitted to the Department for review and approval prior to release, to ensure appropriate attribution. 3. Compliance with Procurement Requirements The'municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project,partners,and any other appropriate entities shall hold,an initial meeting to review the project scope, project requirements, roles and responsibilities of projectpartners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements, MWBE,requirements,the number of public meetings and techniques for public involvement proposed-for the project,,and any otherfo inrmation which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor, or a designated project partner, shall prepare,and distribute to all,project partners a.brief,meeting summary clearly indicating the agreements/understandings reached at the meeting,- Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held_with 'appropriate parties.' Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a project advisorycommittee to oversee all aspects of the project in cooperation with municipal officials and the project consultarit(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 commuity based organizations. A draft list of proposed members shall be circulated to'the'Department for-rev,lew 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 3:1 Request for Proposals The Contractor shall draft Request for Proposals (RFP) for each of the four(4)services listed in'E: Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results, a schedule for completion, MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in 'local papers,the New York State Contract Reporter,and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate-review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating'consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope,of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project.tasks within the allotted time and budget; and, • Ability to meet MWBE requirements. Incomplete proposals that do not address-all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect,or landscape architect licensed to practice in New York State is required: The municipal attorney,chief legal officer,or financial administrator of the'municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion, a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise,and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners, as appropriate,to review project requirements,site conditions,and roles and responsibilities; identify new information needs and next steps;and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor,shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications, and cost estimates for all construction components, including trails, boardwalks,observation blinds,and parking areas. The final-design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval•by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and-the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer, architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state,and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary. Task 9: Environmental Quality Review The Contractor or its consultant(s)shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement. Task 10: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state,and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation;the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and, • agencies of Suffolk County, Southold Town, Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property, dedication for public use, and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed. Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances,a new deed is not issued,but instead a statement of death. The property will help connect two existing trails to create:a larger trail loop. Product: Copies of the purchase agreement, filed deed or,easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain'in place for'the usef il-l'ife of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds, and parking areas within the Project Area After receipt of all necessary.permits, the Contractor or its construction subcontractor(s)may begin construction,work according to the final'design and construction documents. The Contractor or its subcdntractor(s)shall notify the Department monthly (or more frequently) in writing-of work progress, including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and.completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to-the-Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming, deadfall removal,and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails,and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch'list and construction completion estimates. Components include:New trails completed and marked; Boardwalks installed; Observation blinds installed; Parking areas created;Trail map { Task 14: Test&Remediate Contamination, Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system, and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation,and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge.Reconstruct existing parking,area and installation of two(2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during,and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage dumping sites'in the Silver.Lake area,mapping of invasive species, mapping of trails, flora and fauna surveys,monitoring of clean-up process,organization of volunteer clean up days, invasive species removal,and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task '17: Educational Materials and Citizen Science Projects Several public outreach, stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The Apple iPad will be used by staff and,volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters) and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced; subcontractors needed (printer,graphic'artist); number of items to be printed or signs constructed;distribution method (utility bills, schools); or location of signs or kiosks;and, evaluative methods and materials(coupons, surveys). For designing and developing a curriculum and text for printed materials, subjects to be covered include: the target population; overall theme; goals and objectives; subject areas to be covered; method of presentation (classroom/laboratory sessions vs. field work/laboratory sessions);potential vehicles for presenting information(printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.); equipment-purchases which may be necessary; and, existing educational programs and publications which could be useful in developing course content. ' The Contractor or its consultants)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached.' Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate, obtain permission.to use these materials in this project. The Contractor or its consultant(s)shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the concepts for visual materials and text,the Contractor or its consultant(s) shall compile a graphics package including text, color selections,maps,photographs,and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the Department,the project advisory committee,and other project partners as appropriate, the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package, and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task I7E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee,the Contractor or its consultant(s)shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the'Department for review and comment. The draft�text is subject to review and approval by'the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s) shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education,outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s) shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed, fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area. A copy of maps, surveys, and public outreach materials created;photos of events,clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes, tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops, and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part I, Section M,Paragraph 6, Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State. Upon such notification by the Department, Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department, the requirement of Attachment A-1, Part I, Section M, Paragraph 6 for paper j filing of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be obtained through the NYSCS website at htti2s:Hny.newnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department.of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms,in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through.NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s) shall submit project status'reports semi-annually(every June 30 and December 31),on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered.' ' Products: Completed project status reports submitted to DOS during the life of the contract.' Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s)shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department;and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. " • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers, and"the public. will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed,and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract#as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will'ensure that comments received from the Department and the project advisory committee,or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives., • must approve or disapprove any and all design, site plan, and preconstruction documents. Department approval must be obtained before construction may begin. J 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): M 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: #C1000970 Page 1 of 4,Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement ,Due Date/Frequency: II. REPORTING,PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ 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. M 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. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report,and a final claim. The CFR,which must be submitted-annually, is both a year-end cost report and a year-end claiming document. Contract Number: #C1000970 Page 2 of 4,Attachment D—Payment and Reporting Schedule t I B. Progress-Based Reports 1. Pro reg_ss Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 1 below for the annual schedule). 2. Final Progress Report Final scheduled payment will not be due until 60 dans 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. 3 ' Contract Number: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule i TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. Contract Number: #C 1000970 Page 4 of 4,Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of-em to ees for each classification in each of the EEO-Job Categories identified Work force by `Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Admin istrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with-bid or proposal- General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s) for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological-origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are: • WHITE . (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not-of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • " HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands. ISLANDER- NATIVE INDIAN (NATIVE a person having origins in any of-the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. Experience with similar projects. IIVFRL T,!A Ability to complete the project within the required time frame months). ej COST PROPOSAL' „. Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MME/WBE participation P re" Additional Comments: Reviewer: Date: Ratings: 5-Outstanding,4-Very Good,3- Good,2-Fair, 1-Poor +x 11 i r� ,� t} (S P Y a + � •�. �� � kh��` fit' �i � p r��� SOUTHOLD TOWN ENGINEERING QSu�Oe, ` 1 y PROPOSED SILLS RESIDENCE DEMOLITION PROJECT G R E E N P 0 R T Town of Southold IF James A.Richter,RA QVJc 1000-45-5-3.2 AS NOTED AUGUST 1,2017 _4.i3-��'L•�.M�'•- a� _��•• ��a .} ` ,E\8D OE�IIM 6 YQ6YAINM. d t y 918 7 x� y"r yg'lb;','a ,�,• J,� f�f�.' r�caf{Y it f+ ~�ry ti- ' LL 1. The ed on the property receive the lump sum pone for the demolition and t and removal a all structures DEMOLITION PROJECT NOTES: located on the ro ert In the area indicated on the site plan and the removal of all trash and debris generated in the course of demolition activities All excavated areas shall be filled with clean granulated fill to natural grade and(6")inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following Removal and disposal of a two-story wood frame single family structure with partial basement. Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2 All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill complete the work according to the plans,specifications and/or as directed by the Engineer DRAV{7NG# Removal and disposal of all miscellaneous and assorted debris in and around the residence. shall be included in the price bid for this Item Any and all other minor items that may become apparent during demolition but are not specifically p �- referenced above. 3. The Contractor must adhere to the conditions of PERMITS and is res onsible for all coordination No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies seeks and receives approval from the Engineer prior to performing the work. sacr• La i �f 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 principal place r fbrainess) United States Fire Insurance Company Brian V. Klug Landscaper, Inc 305 Madison Avenue PO Box 349 Morristown, NJ 07962 This document has important legal consequences.Consultation Speonk, NY 11972 Mailing Address for Notices with an attorney is encouraged With respect to its completion or OWNER: modification. (Nance,legal statits acrd addr css) Any singular reference to Town of Southold Contractor,Surety,Owner or other party shall be considered 53095 Main Road plural where applicable. Southold, NY 11971 BOND AMOUNT: 5% Five Percent of Amount Bid PROJECT: (Xame,location or address and Project number,if ani} Sills Farm Property Demolition, 70282 & 70284 Main Road, Greenport, NY The Contractor and Surety are bound to the Owner iii 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_Tlic conditions of this Bond are such that if the Owner accepts the bid of the Contractor withinthe time specified in the-bid,doctiments,-or,within such time period as inky be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Oirncr 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 pi ynient 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 lire Owner may in good faith contract with another party to perIbmi the work covered by said bid,then this obligation shall be null and void,otherwise to remain in lull lorce and ell'ect.The Surety hereby waives any notice ol'an agreement between the Owner and Contractor to extend the time in which the Ownermay accept lite bid.Waiverol'notice by lite Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time lbr acceptance ol'bids specilied 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 temi Contractor in this Bond shall be doomed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been lurnislied to comply teilli a slatutory or either legal requirement in the location of the Project,any provision in this Bond conllicting with said statutory or legal requirement shall be deemed deleted herelrom and provisions conliimting to such statutory or other legal requirement shall be deemed incorporated herein.When so liimished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 20th day of November, 2018. Brian V. Klug Landscaper, Inc. (Principal) (Seal) By.ZAPW United States Fire Insurance,Company GSrrrel}) By: (Title)Rosanne Callahan t orney-in- act S•0054/AS 8110 ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF New York } COUNTY OF SS} On this 2 day of 2018, before me personally appeared to me known, who, being by me duly sworn,did M013M0130 depose and say that he/she resides at\c) %Ax���a \Vg0MX3�AA�\y�that he/she is the\k _ t' ! ( _of (\C Y\ 1 �C'A . NC<-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. BRAND Notary Public,State of Now Yo No.01DE6370475 Qualified In Suffolk County ACKNO ° I t STATE OF NEW YORK } COUNTY OF NASSAU } ss: CIPI 2 0 2018 before me personally came &')Canqlc- ���I��I�"1to 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 Vh K�SAO SNUR-'I te,&—Y—�he 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., JENNIFER L. JOHNSTON NOTARY PUSLIC-STAcounty 616 0o EW YORK otary Public No- OT JO Qutlllfled In S llolJ�a 04 tow �y Cammisalon Exp /1 it�� POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 00635402718 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,Janice R.Fiscina,Robert Finnell,Peter Henry, Jennifer Laura Johnston-Ogeka,Fern Perry,Deborah L.Severin 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 Th6d"Aaa 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 revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2018 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 10`h day of March,2016. UNITED STATES FIRE INSURANCE COMPANY - ! 1 Anthony R Slimowicz,Senior Vice President State of New Jersey) County of Morris ) On this 10`h day of March 2016, 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. SONIA SCALA NOTARY PUBLIC OF NEW JERSEY" Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2019 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 N O V 2 0 ZO 9 Q IN WITNESS R'HEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 11 I t120 UNITED STATES FIRE INSURANCE COMPANY a LL iG,1ti A]Wright,Senior Vice President UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STRLLT,WILMINGTON,DELAWARE 19801 STA'TEMEN'T OF ASSETS,LIABILIIIES,SURPLUS AND OTHER FUNDS AT DEC&NIBER 3!.2017 ASLSOFT� Bonds(Amortized Value)...... ........... ....... ............. ......... ...... ....... ............ ............... 852,724,517 Preferred Stocks(Market Value) ........ .—I.................. ... —......11 2,500,000 Common Stocks(Market Value)............... ....... . . ......... .. . .. . ................. ....... . ....... 1,278,534,869 Cash,Cash Equivalents,and Short Terni Investments... . .... .......—... . ..........—— ................. 1,110,717,497 Derivatives....... ...... ..... .. ... ..... ........... ..... ....... 11,462,474 Other Invested Assets.. . . ..... .... ... ...... 335,759,125 Investment lriconieDucand Accrued ... ... 8,013,891 Premitimsand Considerations .......... 237,021,943 Amounts Recoverable f-oni Reinsurers. ............... .... .. ............. .......... . 23,944,019 Ft.nds Held by or Deposited with Remsured Companies...... .............. ......... 4,521,882 Cufrept Income Taxes Recoverable . ... ... . ....... .........—.—..... ....... ................... 324,900 Net Deferred Tax Asset............. .......... ...................................... ....... 135,312,662 Electronic Data Processing EqUIDnient.. ...... . ...................... ................—:.." 11-1.1 .— 3,772,271 Receivables from Parent,Subsidiaries and Affiliates ... ..... ... ...... ................ ... ...... .......... 26,323,495 Other Assets........................ ... .......... ... .......... ......... 63,413,033 TOTALASSETS ...... ... .... . . .......... .—............................. 4,094,346,578 LIABILITIES,SURPLUS&OTHER i-UNDS Losses(Reported Losses Net of Reinsurance Ceded and Incurred But Not Repented Losses). 1,570,075,192 Reinsurance Payable or,Paid Losses and Loss Adjustment Expenses ............. . .......-- 76,325,088 Loss Adjustment Expenses. .. ....... ..... .......... .. ...................... ........................ 394,866,509 Commissions Payable,Contingent Commissions and Other Similar Charges......... .................1.......11 6,115,178 Other Expenses(Excluding Taxes,Licenses and Fees). .. . .. .................................................. 53,552,681 Taxes,Licenses and Fees(Excluding Federal Income Taxes). .. ........ ...................................... 20,497,732 Unearned Premiums............. .. . ... .. .. . ...... ... .. . . ... .............. .........................— 504,835,046 AdIvance Premium. . . . . . .. .. ..I . .. ........ -.1.1.—1.1.— . .. .. .—........ ...11.1................ 3,459,204 Ceded Reinsurance Premiums Payable......- ... ... . .. . ... ... ... .... .................................... 23,031,797 Funds Held by Company under Reinsurance Treaties............ ......................................... 16,414,772 Amounts Withheld by Company for Account of Others.. ............. ............. . 68,163,429 Provision for Reinsurance . .. .. ........ ..... ................ ...... 900,479 Payable to Patent,Subsidiaries and Affiliates. ....... ........... 21,048,714 OtherLiabilities.. ......... ... . ..... . . ... .. . . ... ....... ... ............ ........................... 32,798,898 TOTAL LIABILITIES.. .. . .. ...... ...... ....... . . .................................. $2,792,084.719 Common Capital Stock . .. ..... .............................. 12,210,000 Gross Paid In and Contributed Surplus ........... . ............................................ 1,115,644,940 Unassigned Funds(Surplus) .. . . . . . . . . . . . . . ........ ... ..... ....................................... 174.406.919 Surplus as Regartis Policyholders . . . ... . . .......I..........................I....I I.... 1,302,261,859 TOTAL LIABILTIIES,SURPLUS&OTIIER FUNDS......................................... $4,094,346,578 he foregoing is a fair statement of Assets, 1,Carmine Scaglione,Vice President and Controller of UNITED STATES FIRE.INSURANCE COMPANY,certify that the Liabilities,Surplus and Other Funds or this Company,at the close of business,December 31,2017,as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. IN-TESTIMPNY WHEREOF,I have set my'rand and affixed the seal of the Company,this 6th day of March.2018, FIRE INSURANCE COMPANY THE AMERICAN INSTITUTE OF ARCHITECTS i AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CARTER-MELENCE, INC. 104 New-York Ave. Sound Beach,NY 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company . One Newark Center,20th'Floor,,Newark,NJ 07102 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town Of Southold 53095 Main Road Southold,NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount--------------------------(5.00%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Sill's Farm Property Main House Demolition. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to-the Obligee the difference not to exceed the ,penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. Signed and sealed this 3rd day of December 2018 CARTER-MELENCE, INC. (Pricipal � �y /JAL (Seal) (W Ines itle) Carmel O'Hanlon, Secretary International Fidelity Insurance Company (S y) — (Seal) (Witness,, e) Edmund J. ergassi,At orney-in-Fact i y ACKNOWLEDGEMENT OF PRINCIPAL,IF A CORPORATION STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the 3rd day of Dec. in the year 2018 ,before me personally came Carmel O'Hanlon to me known,who, being by me duly sworn, did depose and say that(s)he resides at Sound Beach, NY that he/she is the Secretary of CARTER- MELENCE,INC. ,the corporation described in and which executed the above instrument; and that 1+e/she signed her/hi-s name thereto by order of the Board of Directors of said corporation. Mari 0. Notary Public cow�4y C3,e,6dt :�:1 �''. 93�! JIo2�l ACKNOWLEDGEMENT OF PRINCIPAL,IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of in the year ,before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL,IF AN INDIVIDUAL STATE OF ) ss: COUNTY OF ) On the day of in the year ,before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF WESTCE ESTER)ss; On the 3rd day of December in the year 2018 ,before me personally came Edmund J.Bergassi to me known,who,being by me duly sworn, did depose and say that he/she resides at Eastchester,,NY,that he/she is the Attorney-in-Fact of International Fidelity Insurance Company ,the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. Notary Public PATRICIA A MALONEY Notary Public, State of New York No. 01 MA6154561 Qualified in Westchester County Commission Expires October 23,2Q-ZZ INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2017 ASSETS Bonds(Amortized Value) . .... ... .... ... . . . . . . ... . .. . ... ... .. . $129,146,944 Common Stocks(Market Value) . .. . . .. . . . .. . . . . .. . ..... .... .. . . 35,217,707 Mortgage Loans on Real Estate . . .. . ... . . .. .. . . .. . .. . . . .... .. . . . 354,803 Cash,Bank Deposits&Short Term Investments .. ... . ... ... ... ... . . . 19,878,873 Unpaid Premiums&Assumed Balances .. ... . .. . . .. .. . .. . . .. .. . . . 9,751,860 Reinsurance Recoverable from Reinsurers .. ... .. . . .. . .. . ... .. . . . . . (115,529) Electronic Data Processing Equipment.. ... ... . . .. ... . .. . .. ... . . . . 138,265 Investment Income Due and Accrued . . . .. .. .. .. . . . . . .. .. .. . . . . . . 918,427 Net Deferred Tax Assets .... . . .. ... . ... .. . . .. ... .. .. . . . .. . .. . 2,545,704 Receivables from Parent,Subsidiaries&Affiliates . . . .. . . . ... . ... . .. . 37,109 Other Assets .. .. . . .. .... .. .. . . ... ... .... . . . .. . .. . . .. . .. . . . 21,934,273 E TOTAL ASSETS . .. .. . .. .. .. ... . .. . . . ... . .. . . . .. . . . $219.808,436 ; LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) . . . . . ..... .. . .. .. . ... .. . . .. . . . $5,279,222 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses .. . .. . 1,078,655 Loss Adjustment Expenses .. . . . .. . .... . .. .. . ... .. . .. .. ... . . . . . 3,559,438 Commissions Payable,Contingent Commissions&Other Similar Charges .. 1,386,906 Other Expenses(Excluding Taxes,Licenses and Fees) . . . .. . . . . .. . . . . . . 6,393,991 Taxes,Licenses&Fees(Excluding Federal Income Tax) .. . .. .......... 282,722 t Current Federal and Foreign Income Taxes . .... . . . . .. . . ... .. . .. . .. 58,761 Unearned Premiums ........ .... . .. .. .. .. .. . . . .. . .. . .. . . . .. . 36,204,847 Dividends Declared&Unpaid:Policyholders&Stockholders .. ... . .. .. . 1,294,389 Ceded Reinsurance Premiums Payable .. . .. . .. . . . . .. . .... .. . . . ... 2,089,984 Funds Held by Company under Reinsurance Treaties. . ... . .. ... . . .. . . 1,031 Amounts Withheld by Company for Account of Others . . . .. ....... .. . 60,144,796 } Provision for Reinsurance.. ... ... ... ... . .. . . . . .. . . .... . . . .. . .. 72,386 Payable to Parent,Subsidiaries and Affiliates.. ... . .. :... ... .. . . .. . . 57,862 Other Liabilities . . ... .. . ... . .. . ... .. .. . . . . . . ... .. . . .. .. . .. . 7,654,547 TOTAL LIABILITIES . . . . . ..... . . .. .. .. . . .. . . .. .. $125.559.537 k Common Capital Stock.. ... .. . .... .... .. ... .. . ... . ... ... ... .. $1,500,000 Gross Paid-in&Contributed Surplus. . ... . .. ... . . .. .. . . .. ... .. .. . 374,600 Surplus Notes . . ... . .. ... . ... . . .... .. . .. .. .. . . .. . .. . .. . . . 16,000,000 Unassigned Funds(Surplus) .. .... . . . ... ... .. . .. . .... .. . ... . . . . 76,879,289 Less'Treasury Stock at cost(21,904 shares common)(value incl.$45.) ... . . 504,990 Surplus as Regards Policyholders . . . .. ... . . .. .. . . . . . $94,248,899 r TOTAL LIABILITIES,SURPLUS&OTHER FUNDS. . .. . . $219,808.436 1 F t I,Francis L.Mitterhoff,President of INTERNATIONAL FIDELITY 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 31,2017, 1 as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. E�pE�IiY�NfG IN TESTIMONY WHEREOF,I have set my hand and affixed the oPpO�r�y seal of the Company,this 23rd day of February,2018. SEAL m INTERNATIONAL FIDELITY INSURANCE COMPANY y 1904 0 y JEaS 'r �1�1,'f_5 LOW � ,- - st•' `�f _'1�` '✓,``i`'" ' re ' ^ G} �.Y,-< 1 \+. \`�-}ys ,,1� a, r� t y y ~L;�y7vG :xV !j ' it� s �Rl�`, ,/ t�y,',� ` - . .!? 'm•', 1"�%};') �1, , "�_ •fir`y;SFT'a:.aRy1� �"��y,.�C,t����+'ri<l;, Y �.C� �'n tU•��'3 .,,,?'»u•'.� \ T.. '•.��`-�Y{ 4n Y+< ��;;:• J .c?.. .vrr, J,2,1 � •r; ,�(}r`-i ''[!'„`"-7n' � '�',�.?�+L^.71 �,� o " • ' 1 r`' �= "=,;a tit` �cy.,<c,775,til?: t+C ?,:f� �Ctk-,. `, ter, yJ, jC:,rl• '•:,1'>` 1,,. ,a'lt�. al..iy6F,1 a " Rf�1 1t IC�NAI:>FfIDL � 1 SCJ AiVUIL--L" ll ?AI�IYc ,� p !" ""'• -r\r-,\, �-, . L„. �_ ` ..c4„>) Y,sd f�r't r , 1,; �•�LS�/ J r”i,.i,, p' -�,,•2y'.1++; 1.".'„� .Y. d,, S• f (•% •` .,ly 1' `f�L�EGF#EN Y`C�SU�4LTY: ONPANI('-r.< a :1 �,y 'V, ., -•Y l ••Fi+'',,l.`”"r .,jam"�? .'',;, .r s ..,. , ,}�• •(. >.L; rad , •�<: l�' -r:)3' i t;L• `s �f', -`w,` ` . 1 ONE'NEWARfC'CN7ER;BOTH FLOOR NEWARK,NEW,.JERSEY tl�1d2-5207, KNOW ALL MEN BY THESE PRESENTS: That IN`CERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and ,existing under' the laws of the State of-New Jersey, and ALLEGHENY CASUALTY COMPANY.a corporation organized'and existing under the laws of the,State of New Jersey,having their, principal office in the City of Newark,New Jersey,do hereby constitute and appoint ' EDMUND J. BERGASSI `= New Rochelle,NY. their true and lawful attorney(s)•iii-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of.ind@mnity and other writfnggs obligatory in the nature thereof,.-which are or may be allowed,required or•permitted by law,statute;rule,re ulation,contract or otherwise and the execution,of such mstrument(sZin'pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUALL�t I COMPANY, as fully and amply, to all intents and purposes,as'If the,same had been duly executed and ` acknowledged by their regularly elected officers at their.principal offices. This,Power of Attorney is executed,and riiay be:revoked„pursuant to and b authority of the-S -Laws of;WTERNATIONAL FIDELITY INSURi4NCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by'authodty of the following re' lutlowadopted'py the $,oard of Nrectors- of INTERNATIONAL FIDELITY INSURANCE'COMPANY at a.meeting duly held on the 20th day of July,2010 and by thejBoard of DJrector of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15tfi'day of August,2000: ' "RESOLVED,that (I),the,President,Vice President,Chief Ei ecufve Officer or Secretary of the Corporation shall have,the pp '.to ower to appoint,and to revolve the appointments of,Attorneys-in-Fact or agents with power and authority as•defined or limited in their respective powers of attorney,andexecute'on behalf - of the Corporation and.affix the Corporation 's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and.otherwritten obllgafions in the nature thereof or related,,;thereto;, and(2)any such Officers of the Corporation may appoint and revoke-the appointments of-joint-control custodians,aggents for acceptance of process:and Attorneys- fact authority to execute waivers and consents on behalf of Ute Corporation',and•;(3}the signature of`any such Officer of'the Corporation'arid'the,Corporation's seat may be affixed by facsimile to any power of.attorney'or certlficaliorrglven for the execution of.any ` bond,undertaking recognizance; contract of indemnity or other written obligation in the nature thereof or`•retated thereto;such s'�gnature 9inaI;and.sals when so used whether berefofore or hereafter, being,Hereby adopted'by the Corporation as the original sigrlature;of such;officer,'and ane originaltseat of-the Corporation;to be valid and;btnding upon the Corporation with the same force and effect as though manua..y.,affxed.'` IN WITNESS'WHEREOF,:INTI=RPlATIONAL FIDELITY INSURANCE COMPANY-and ALLEGHENY CASUALTY'COMPANY.;hav'eeach,executed,,and, . attested'these.presents.a616is319tdayof December,2018., . " _, ,i`''Y•/' ./,' _ :ori,�( .. ., ;•, �r .. - -n"' ,• - Jai .fl'?.: .STALE flF NEW JERSEY a,GpSUgEj�• County of Essex � r :. C'0 SEAU rn lt �1 �E �y`•` ROBERT W.MINSTER Chief Executive Officer(International Fidelity'- Insurance idelity;Insurance Company)and President(Allegheny, Casualty Company) On this 31st day.6f'Qecember"2016,before,me came the individual who executed the preceding instrument-.to me personalli oam n,and;being by me duly , sworn, said he is:,}he therein described`atiii•authorized:officer of INTI=RNATIONAL FIDELITY.INSURANC GOMPANY�artdiALLEGHENY CASUALTY'. •COMPANY;,&t:'Me.seafs:affixed`to-said lristniment.are the"Corporate Seals of said Companies;that4he said Corporate-Seals�and•his;signature,'were,-'• ; dulytaffixed by order of theBriards of Dfrectors,of said Conipagies. - �"•' "� IN TESTIMONY WHEREOF, I have Eieie0nto set m hand afilzed my Official Seal, at the City of Newark,New Jersey the day and year,first above written. :•O � MOTf,BY�A•�, ' PUBLIC y; A NOTARY PUBLIC OF,NEW JERSEY My Commission Expires April 16,2018 ��''►+��,,a.l•```'' CERTIFICATION I,,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE.COMPANY and ALLEGHENY CASUALTY COMPANY'do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Lbws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts,thereof,and of the whole of the said originals,and that the sold Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 3rd day of December,, 201$:1_:.' -•t`' ., y'.�. l��.` •t'r`. 'ifs• ;� � a� .t, ��'' ­41. �T,•-�"(;{�;. ,,i.,1 ;,.rtl" �',,'•� nri:' 4:�:,_., df„c..�'• -., {;1'•J;`- 'r'3..fir n:, •�<• n' � ';'�,<..rt, t�r 'r<Y��'��:`�;, .y�.-L`.•,l_ �( aL..- �.Y r:, ,":1-t���� �.r. `e -� S1���,j_, ,'!: � i .� :,F �'C "l, .3 i ��'>> ``'-.; ''t,:1-;.i='C� -! ��,�'> •1,:�� _,_ .S~�:' ,�Cs,rt• �;-��,f '�y,���:;�� '{��4 ,1�� ���.��-�i�� �ti r'���z{VIARtI��BRANG�O,,AssTstant Secr�tai�l,`!� :,�w (,Y��, LF•;G E ;r ''.t�i� I j`,` ��� .SV, ,�P!„ ��`,� `,'ICS; 'C P� r�):=`,a ;�!�J Wit” � dV'.�• !�.,.<" r,' 4. •r, �F•;L l':-.a},4�( wl,'\'� 'i- ,R.`:('' .f, L `r ,� f,.ti• fy.�l:\ I�+` ! 4..� t,f,' (f; <y-j,f,A;11y.•�a.t \�, p �` i.�,C.\�' 13 d "T 'I��C� zu j ,_+cr .,1�., v�£:, r7•,� -ll.�.r •-;� t ,;1' �- i4I�Yi L_,.dr S�`��jv�'C�yY;'.,.,,,\yr f-.�C/:F,.��,•�•��=-'`�>S°'(;s�'n,•,«�fil,,<.�j...<"``'lI�L�,w l��r`4'!`���j!^.�-;C.�• <��`�l�Li'L'''E��'.(�,`4V').`����Jfs�}�' �����T�G,iI:'��`'1,,7',Ec=�;4?.-J.'i�•':J\lYes:f�`,''ta�•,r:`+'".a �3:-`i'+� '�f�--S•��Y!<'-:flF-�,i_.,1��v/�.,;:�C'qi`•Tf h;�`'ia�C<�,>v` �\ ti`"S4 L: 4•l;./.)1fi,r f�cr(:',• i a.;e < r�i% CD� S:• r,r i2`aC.,nr. ,'F',ur,u m::Pi�:�:°�2;_s�','1 �tyL,a. ��'i�? 'Kid /AL._`'2"�.Ft�.",vt �M,i'..:.+\14,51�,�:.:.,/f•.'•��E'r��rA51tx+ �:°�i'( `k3 r�.3. A f r MR I Bergassi Group, LL 35 PORTMAN ROAD NEW ROCHELLE NEWYORK 1,08ol 11 T Colonial Surety Company Administrative Office 123 Tice Boulevard, Suite 250 Woodcliff Lake, NJ 07677 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No.A-310 (Feb.1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC., Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold,Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid not to exceed $5100 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and'severally, firmly by these presents. WHEREAS, the Principal has'submitted a bid for Sills Farms Property Demolition NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds_ as may be specified in the bidding,or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with anotherparty erform the Work covered by said bid, then this obligation shall be null and void, otherwise to re in i full force and effect. Signed and seal this 3rd ay of cember 2018. KJB INDUSTRIES INC. Witness: e anchak (Principal/Title) (Seal) Colonial Surety'Company Witness: R bert Panchak Philip Shepard ttorney-i -fact) (Seal) i ,J COLONIAL SURETY COMPANY Duncannon,Pennsylvania Administrative Office 123 Tice Boulevard,Woodcliff Lake,New Jersey 07677 GENERAL POWER OF ATTORNEY Know all Men by These Presents,That COLONIAL SURETY COMPANY,a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and having an administrative office In Woodcliff Lake,Bergen County, NJ does by these presents make,constitute and appoint Philip Shepard of Riverhead,NY Its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver. Bid Bonds and Consent of Surety Only and to bind the Company thereby as fully and to the same extent as If such bids were signed by the President,sealed with the corporate seal of the Company and duly attested by Its Secretary,hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do in the premises.Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting held on the 25th day of July,1950 "Be it Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section L Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,bid bonds and consent of surety only,recognizances,contracts,agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof,Colonial Surety Company has caused these presents to be signed by its President and Its corporate seal to be hereto affixed the 8th day of September ,A_D.,2015. surety Coda COLONIAL SURETY COMPANY State of New Jersey V Inco crated `L B SS. --- y t- County of Bergen * 1930 * Wayne Nunziata,President e�nsyfva�`a On this 8th day of September in the year 2015, before me Theresa Spinelli a notary public, personally appeared Wayne Nunziata personally known to me to be the person who executed the within instrument as President on behalf of the corporation therein named and acknowledged to me that the corporation executed it THERESA SPWEW r , N ANotary Public of New Jersey Putin MyCommKvon Ev—Septemberg,2o2o Theresa Spinelli Notary Public I,the undersigned Secretary of Colonial Surety Company,hereby certify that the above and foregoing Is a full,true and correct copy of the Original Power of Attorney Issued by said Company,and do hereby further certify that the said Power of Attorney Is still In force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on the 30th of January 1968,and that said resolution has not been amended or repealed: RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation,and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,at Woodcliff Lake,New Jersey this 3rd day of December _20 18 r vee palmed f the Blue arxVor Black ink F ved I/►' For tcatm d the emhemeity of tha Powerot Attorney YOU nay call(201)573-87eeand ask �- for the Power d Attorney clerk-Please reler to the above earned aidiMtial(s)and deralsof the YYY bond to whnch the power is attached Audie B Murphy,Set Form 5-100.101(Rev 09/15) s� Colonial Surety Company Duncannon,Pennsylvania -Inc 1930- Balance Sheet as at December 31, 2017 Cash&Invested Assets: Liabilities: Cash.............................. $4,424,000 Outstanding Losses and Loss Expenses...$10,165,383 Short Term Investments...... 2,331,652 Unearned Premiums....................... 9,169,640 Bonds*........................... 45,450,110 Funds Held.................................. 425,959 Accrued Investment Income... 438,089 Reinsurance Payable....................... 712,559 Mortgage Loans................ 4,907,645 Accrued Expenses ........................ 262,025 Income Taxes Payable..................... 683,289 Provision for Reinsurance................ 57,641 Payable to parent,subsidiaries and Affiliates............................... 29,469 Total Cash&Invested Assets..$57,551,496 Total Liabilities $21,505,429 Other Assets: Capital&Surplus: Premiums Receivable........... $2,246,811 Common Capital Stock............:..... $4,000,000 Funds Held—Collateral......... 425,959 Additional Paid in Capital............... 1,000,000 Reinsurance Recoverable....... 1,326,306 Unassigned Surplus....................... 35,515,924 Net Deferred Tax Assets........ 471,317 Total Capital&Surplus................. $40,515,924 Total Admitted Assets.......... $57,114,244 Total Liabilities,Capital&Surplus... $62,021,889 *Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners. STATE OF NEW JERSEY } ss.: COUNTY OF BERGEN } I,Wayne Nunziata,President of Colonial Surety Company,do herby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company,as of December 31,2017. IN WITNESS WHEREOF,I have signed this statement at Woodcliff Lake,New Jersey,this 23rd day of March,2018. �tesa Spy°@� Wayne Nunziata! President Notary Public Je'�`'e� LwL THERESA.SPINELLI Theresa Spinelli Notary Public A Notary Public of New Jersey _ My Commission Expires September 9, 2020 TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK SO F0jt CA i f Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 November 8, 2018 (631) 765-1560 SCOTT A. RUSSELL �� JAMES A. RICHTER, R.A. SUPERVISOR u ,�;.,�, =. MICHAEL M. COLLINS P.E. TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 _, .,. Tel (631)-765–1560 /+' s.: , Fax (631)-765–9015 MICHAEL COLLINS@TOWN SOUTHOLD NY USLs' � JAMIE RICHTER@TOWN SOUTHOLD NY US R�- — OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: November 08,2018 Page 1 of 1 PROJECT: Invitation to Bid— SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Greenport, Town of Southold Suffolk County,New York Attention Bidders: The date of the bid opening has been changed to December 3,2018,at 2:00 PM. All sealed bids are due to the Southold Town Clerk's Office before this date and time. TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29,2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2)BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00AM on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Town of Southold Demolition Permit One (1) Page Technical Specifications Divisions 1 —2 Contract Drawings Contract#C 1000970 Form B— Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates _ 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Sill's Farm Property Main House Demolition at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, November 29th,2018, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and approvalof the PerfbFmanee Bond and until the completion of ten percent(10%) of the work under the Contract. IB -2 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and mss--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 rej ected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans.or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB -3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. hundred8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE The sueeessful bidder- shall be r-equired te exceute a Pe4ormanee Bend equal 4o one i3ereen+ (1(lc (1�fthe am@up+bid, cnbends to be cnccc+cd by a N New Yort_heense .n suiuiOvffier- e� eaffier4ur-ety eempany with an A rating or better from A—M- Besqt & CA. And -Aeeeptable to > of: bends seeufed > or- see-- �ed by the Ovmer-. The Per-femianeee Bend shall be �ATitten so as to remain in full �' as a maipAenaaee bond fer- a period- of +less+b.., e (1)year after-the .late of filial aeoeptance of the we after-the date of nefiee of rl� award,The sueeessful bidder-,upon failwe to emeeute and deliver-the bonds required witMii ten(10) days ll it > refusal, as liquidated damages for sueh faili the seeurity deposited m4th his > and he will be liable for-and he agrees to pay to the shall subsequerAly be r-e lot ineluding the eest of sueh r-e letting less the amount of sueh depe. 1\ plea of mistake in sueh a epte l bid shall be available to the bidder- for recovery Of deposit or- as a defense to any a ." eoepted bid upAess said mistake ea-a be proven 1J After- approval of the bends and emeeution of the Gontraet and after-ten (10) per-eent of the w has been eompleted,the bid secufity aeeeWan�4ng the bid will be r-etumed. IB -4 INSTRUCTIONS TO BIDDERS 9.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB -6 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than$1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General-Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS ----bjsc–il$t—ion�of'o—pe--rati"o-ns/loc'­­ Box ox mus in de the statement.* THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED- CERTIFICATE HOLDER SHALL BE LISTED.AS:, TOWN OF SOUTHOLD 53098 MAIN ROAD '"7'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 Offiee 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. Aeeeptanee of the eantfaetor-'s per-formanee bond in lieu of the Gentrae4er-s read epep�ng bend shall! be at the option ef the Highway DepaAmepA. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit,the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful,the same shall be understood to call for the best type of construction,both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY OMG" TOILET. -rt,o rer*rae*er shallprovide a ^ffieo +,.,,;lo,. for-, inside.table, desk and ehair- pfevided The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall,upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative;that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner,require repairing,replacing, or rebuilding,the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof,the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights,which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours'notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground,nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC- 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be,paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 11. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting,Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax i 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 peFfefmanee bond of the Goi#&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 THIRTY (30) CONSECUTIVE CALENDAR DAYS from the date the .contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 - Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence,including but not restricted to, acts of God or of the public enemy,fires,floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein-above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must_stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT CT S ! URITV Bond, > equal to onhundred pereepA 0 ) of the amount of the bid as seeuFity for-the faigiful per-fafmanee ef Gentiraet, and for- the paymepA of all per-sons peifenning labor or- ftimishing materials-Mi reAe-n-:R-Perettion N44th this ContFaet; The. Bond shall be vvrk4en so as to remain in full force -and -- -maipAe-Raaee bond for a period of not less than one (1) year-after-the date of uvveYtwiv CC -4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond: if at any time the Ov,%er-sha4l be or-beeeme dissatisfied-with any sufet-y er- suraies, er-if for any ether-r-easen sueh bend shall eease to be adequate seetifi" the Ovffier-, the GepAr-aetor- shall A�n five (5) days after- notiee ffom the OvVl4er- to de SO,- substitute an aeeeptable bond in sueh fefm and sum and signed by sueh other- have b . 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 fmding 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 waterworks construction outside the lii its 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's of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the fmal 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 er the"ems nn^r^e 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 famish"the Engineer with a detailed estimate for final payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to -inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers;necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in ''any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer,whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies,materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency,between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision'thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale -or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless,he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant,materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and CC - 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work,the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or'his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an,infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request,the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed,but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, 'processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be,by the Contractor, at his own expense:,, If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects iri 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 Contractor-the Peff,,n.nee Toon 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 actor 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 WORD 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 parry 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 "Sill's Farm Property Main House Demolition" PROPOSAL PACKAGE BID OPENS: November 29, 2018 REMINDER NOTE!! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ 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 9 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 If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 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 9 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 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The 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 9 THE PROPOSAL FORM Sill's Farm Property Main House Demolition VENDOR NAME: VEND1O(R ADDRESS: �il 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 9 Sill's Farm Property Main House Demolition Itemized Proposal for: Town of Southold ITEM NO ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written in Words) DOLLARS CENTS DOLLARS CENTS Remove and Dispose of Three(3)275 Gallon Oil Tanks 1 1 for /LS Dollars Cents Demolish Main House and Dispose of Debris 2 1 for /LS Dollars Cents Restore Property with Fill and 6"of Topsoil 3 1 for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2018 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 9 of 9 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 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 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 , 2018 Notary Public Commission Expiration Date: QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Eigteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party 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 Sill's Farm Property Main House Demolition 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), Perfermanee fiend, 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 2018 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 2018 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.state.ny.us GOP��O� o x Andrew M.Cuomo,Governor Y,p "°` �yQ' Roberta Reardon,Commissioner O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer Date Requested 10/30/2018 53095 Main Road PRC# 2018013025 Southold NY 11971 Location Sill's Farm Property Project ID# Project Type Demolish existing farm house and restore the demolition site with compacted fill PREVAILING-WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC#at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us TOWN OF S OUTHOLD DEMOLITION PERMIT TOWN OF SOUTHOLD -Q�gu�nc,r�o BUILDING DEPARTMENT 't TOWN CLERK'S OFFICE titc1 SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43196 Date: 11/5/2018 Permission is hereby granted to: Town of Southold PO BOX 1179 Southold, NY 11971 To: demolish existing dwelling as applied for. At premises located at: 70282 Route 25, Greenport SCTM # 473889 Sec/Block/Lot# 45.-5-3.2 Pursuant to application dated 10/30/2018 and approved by the Building Inspector. To expire on 5/6/2020. Fees: Total: $0.00 Buil inector ._�. _ a'�• _ .� mow;- _ - -•'�p�-Y��� Yy,-ve�`�4 Y{` _ �d-�fi , .u'.• - "•x :;�- .�w�" .'yam" Mn h.-f.'-` t. �.':j`_:•R':r' '�`%�.4:"�.'.fF''a.�j - tiz�`,1 ;s, _ Ki,^ �,,,c,t�Y;�.' r;,�`^ ,^a•_,. rpt. 1.�'. „'e�:�'' 'ya-'.igen �2.`�,:� ��,�. ,r k'.y,.`. w.w�r %�,�. $.A; - ..t.;-, 7,7 vv '.p� ;�i a.0-(— *'�`<<�,.�-• M,� T �'�". 1 4�� �.,�x g;hx -;�:.s ;rr.r'��}, ✓ _. Y>$ d .J`•,�;'.r J`:G��� ;ians'.�.:`�'_`-'i��� x .R`', �- ''�,�.^q�E,'„g;�", ,•• :.'t7•',--5« `` :.;ti .._, `'t✓q C'\n v�;,, t-k.�'�:,d 'd'.K, e,.'k'•'yr x-.r -'.lka. r �v:tiY":d - _ ,..+. ", F -4 1 1 ISSUED TO D0 DATE ADDRESS " .:This . notice,. rriust die dis�LL�= la ted :clurin � -construction and ,.retu.rrned-.., -Bu ldir s t C its to get .a certificate of �.'., occu arci , Yo-n corn -f{ i� n of~4work: p = p p _ _ .r� - _r - `z a; fix. •� � �,.T .. :.m ,. . BUILDING T SPE T - OF ,, E,-TOM OF-SOUTH4LD ORTSs 1Fl z _ SOUTHOL .S - -20 6tone.r APR IED AS NOTED DATE: B.P.# ,31 qlp FEE: BY: NOTIFY BUILDING DEPAR ENT AT 765-1802 8 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR CO. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. .Wli—I-ALL s,,. DES_0r NEW YORK STATE & TOWN CO De; AS REQUIRED AND CONDITIONS G- BOARD S$�6t�OG�1�tiS�EES RETAIN STORM WATER RUNOFF PURSUANT TO CHAPTER 236 OF THE TOWN CODE. :t, ?I Rr`r.'. •Q, x: .;}r ,; • y y• .r•L t t. t =�tt s +,� per: ; t a V a�j+'i! L{ •!,Z it i h ^Lt�,i •^�,-.� 1 ,1-P`j��a'l`i`[yl�,�\.•i� � �sy tt �,� �y.t,� �' rs r � ,!,.C� •''4 � std ;t�� � �-( 7 � 5 .«t') l ti�j�'r�y � r {..��4�.s,�'�� ., �:.+ �`= i. . • `'�.•4 4"�ej• '�;'F d y.. r^n ttit: ^��.( ,�� aj y�rt 'f ,5 -cS`, y� tr 7 �}:�a�rt` �� ,t �.i.•, "� < ; j tY� tir '+..},� r! / r l •+��'t+..•� t' Vlr'�Y a'S h Ttt�r '�,� i fk\t,13• jt ti<�c�«: 'N� !th .,r,r. a Y' � \l =��rc' ♦ �• a Y.'t s,.f;.{4 '� ♦ t •1^c i ,r C�.,n •r t,lC t h t(.� J« `,G. n r� 'rt ,F! L,f �,' t1\ f ,+ �•:s''x*' W v .��r :`f.:..S't« /.'v��y}{ , t ,�=Yt`s.� 7�, v a , � r\.fit .S LJs:�s '4 cr�'1�a,,,�,. .y :���"Rt,���?a„ t j«,/ '7rf +«Sk !>l t rr�y` ` t., i I l\`,1. .7 A Seri .e'•' S f 1 F+ F.. Y• t Y;•[ Y !' t^t„ � 7 �`• j f ZF i«fJJ r tF .+ •+, C�}'' ��t ��tFJ i{; t��/t�'� 3ti `''ti s y+' rLJ!o." (S1 i'!� r{i 5���� �'y {' ` a''C� t�9 lTxy j" t. ••`}i'. v i tk a r t t• x !,� to :[ #((;r, Jt �b �• X to t � v:+ti a vt.( t t j}rLlt y {7 }ir f V �, �sr Jay�Juj�xs •U r �. � / ,5 i• t t,w`.���•�''r «mac E �, } 4 5''� t ><xr- •' Ya Aw�t? ?f' �r Y,yl�T}, I '`• • t� ,sCi� «+, r i •� is � y � s t t,;�"` T _ ;�s•r �t 6 nom.. r `4� yi�,x �•1t J(e s... t 1�.✓yj{1 1'�,L,t ,• }5 e. `'�1 :li.�� t r '�`i ♦ F t,��r'�y�(� �.. j e � (}rc� f� {. t'X `���•� .��"4... /N;Sr 2. ! 'h C ���'�. tj..0 `la y� S �t.3•�! { tr� 't ,!S :i§a'J 6 7"'.'€ .Y ``«+(�i y,l s �,4 tk �.�t t a �a /'. ,�, Rt 4 �'}` . \.'"^3'�-`,�v z r,,. � * � •r�`. ,�, r 4.L,.�+�f�•r.r.i,.I� t ,i i .i^.Tecta,. yy--Irl ,.,}Zy y i�7 ` ,. ¢' _ c i',;�t �Y c•Sf' •�tf� X11\ t. t r !�{., t c rrll ,• t, fj ,yCS}' r ui.•- i,i� •./r' > j-•f i F1' �'' .:� r,}! s r k3�f .-, .��• Y["} /�� l .5 5 tif 't,:`•-'4 t ' `e ; {, J: !" i / ry s! e'F f i }, \ 'r AF``• lt�"r`•s��' rt+,r�'• ����k}�5�''�•l(trl� : ,F�tf}�Yv�;'`f�� t�•� �f ' «.•. T`'Lrlt •,rs ,�'� ,3�1�+�'i'l�-;cl''�11r �,; `}l ,�'�...,tit• ` S(�`. o Otto rG 5 ;..� ;i.�€1`f4`�•�•f t'.,.trS��4 SSY. 'Z I. 'Yi '`,�& C,x 11 Ka �'i �t�• 'ly--.�,. t!r ' ti, r r h •1 t ;, xf 5 t X'i F ,kj t iS•ty• `s'Git�t Srj J`j i t(,f`�i ,i t ;.s.:•.'�t*t the 4r T - q 5,.� " „1� r, � "�7; � T' � + ,. �tt'4> t ,3�yr K ;,�•(}y' �� of •. f .1 � �� •� n � ;a1! i `.S« .� �•y. ter. 'L 4 f Yp t= ; Y F,lxf i.�`.rffC�.lP �•l�' �t,7l S �:ii ry`L.•� ' ,.a+*s'J `z r„i'3t, t,,it s"*`�t.".{y-, a::5.3` ; t,.t:t 4l ��� ISS.t. }��•.�il z%� ` }�t:'`[''Xi �}•t'+, .•{{'--esgf' -F1'.01 { ,Y r3 ''Z' vt"'S= F ".c`?L�i`S• 'iy a 1 'st�ititv}Iti t'+5�y"�' , t...+.3' M1 u t •'�e 71 )�i.t-r 'tk-'i;X �,}t1 l l `, ,� s'vy �.1t:1'c= �rxTt, fr ,r�F' tit„ =.�'c }/• ' { }.1S-� S'hk• 1.\( yy( 1�{p ,Sl'. , �t i.,.5.,.+ r' 'vt4 /� �, } 4'il ` +'wJ : �, 1�' ) �n 1Y ...+,,l f j'Ya tryn{[.C•\�a'"s-t.1�.:1 ,?t, 1 •, DEMOLITIONiP. �j7{Z"1' ll � �1't' A{ tea• J ii' t� t >13.' «�5 �1. Vii' #,:tro•," r.T'S •` 'u !`tt, t`S`fi Y . n\�""".5'•y` tt ' ?L. >.,L } '1 n" "t Yom. + aF ra a � +. L u � hr1 tt�% Y 5 .\•+�,FS "1ra } iia r r. 1 �r a,� • Yp ^ 1 L v 3F, r d it�l S�Tq,;rr�:tth.$�' a 1 "' a S\^.';y. s c tt. '")S!�.�i�" t kA+b j; i� �•,�. " i'ri ( �''.{i dry+• i. rj.• '��i r�4^r;' '3`5`tir`f. 7,1 } .Jr •. Yds • l.Ati rf, 4..,�5\t r { } 1 t h fi, ? 'tt�t � teh ti ntt=i4at;r:k l t y Y lXySt• ��t+ ,• ^`.•ip ,f' t,;,ti tky<,:..y,'sy, r� ..LC. •,3� 'l 2` 4�Lf � '+ q! .i { rJ}.t'�`y w-.' ,e' �11'0 tty� \�„�. �- ,; ���j w,�t ��yr 45t���J •µy °+ t` ;t.t•yr �� tti �t«s �.chiya �+tr �` � tt'�, ✓' .J n ��} A «firt�, ,,E "Y.f,� iJ2is 'i� `.. t 5a{ rk t�4•ft^ r;t ;•!q .u' ti__)t?" I, 14,�r,l�'Tt w +��f%w�'�s < tar t ,� nL`(�•i•"t�` 7� n �A C�=3�S'`(d�t)ha i'� t • ' 1t n ( trA f r y ,� 4 •. 1 a a i r Zs f t i `, t 1� `� 1 e �• y4,!'�i�'K° i� t }y ,� r"'Ct�.� '7 :`•'ss�•r 11.N. f.P'1 1�t.1� '� ;•xf+-G i f• 11r T i � ��� 1� '< '�'+% ��., �• tSF «; J1 �\!`i.r"K t ��r'\t„��� Y 11 � � '1}:��f�`� '-.'t'Rt r�a S�t.=t{t3 � Alf , � f�- f r'�1. t061� , yr ``. �4 It �r•1Y ,�ti'�9t` rg F w �a::u'1�.i r.. .>•' A t\nti "!�"'i,W'� +l•:?,.,?' -' "; t t Y V. _ f.r' D5W r , ,r�F •#'' ..�t44 � `.,�� ' -vig per*.`/"` L �/ ,�, �,"K• .'�' -'"`i-Fi ----------�•`• sz +t«3«•;e tsi asry+:i;�i:S'i.c: �:2 Srt�f '+. ";.tom u :Y+:.JL'.i�" Y.A:�is �t2'i.1M w�'a ! .7•)s�•• �v; i, eef, e .A t.' • / PROJECT NOTES: .)W�OF S THOLD BUILDING PERMIT APPLICATION CHECKLIST UILDIN(,' DEPARTMENT Do you have or need the following,before applying? OWN BALL :Board`o , f Health )UTHOLD, NY 11971 4 s66-6PBuilding plans ' EL: (631) 765-1802 Planning Board approval' 4X: (631) 765-9502 T mtholdfownny.gov PERMIT NO. K' Check v Septic Form' N:Y.S.D.E.C:- Trustees•' C.O.Application Flood Pefmit :amined ,20 Single&Separate Truss Identification Foran ' 0� Storm-Water Assessment Form ' b s CoutaO: proved 2 ' Mail'to: sapproved a/c Phone 3/ :piration 20 M -Effff ,;• ,sty` � •, . Bui g ns ctor , . 0 C T 3 0 2018 APPLICATION FOR j3URtfi�G PERIVIT' ' BUILDING DEPT. :. Dato. _..b' � , 20� TOWN OF SOIL®LD INSTRUCTIONS a, This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 is of plans, accurate plot plan to,scale. Fee,according.to schedule,- L, b. Plot plan showing location of lot and of•buildings on premises,'relationship to adjoining premises or public streets or eas, and waterways, c, The work covered by this application 'may not be'commenced before issuance of Building Permit. d, Upon approval of this application,the Building Inspec0 ,vyilJ is�ue•a Auilding Peimit to the applicant, Such a permit all be kept on the premises available for inspection thro�igliou�the work. e. No building shall be occupied or used in whole or in part fcr any purpose what so ever until the Building Inspector sues a Certificate.of.Occupancy, f, Every.building permit shal•1•expire if the-werk­authorized.h�s`riot commenee'd within 12 months after the date of nuance or has-not been completed,within I&months from.such di Ii'rio zoning amendments or other regulations affecting the 'operty have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an ldition six months. Thereafter, a new,perwitshall be-requir &,1.tJ.' ':' APPLICATION'IS HEREBY-MADE to thg,] liiidir�g' epi�i fent for:the:issdairce 6f a Building Permit pursuant to'th'e uilding Zone Ordinance of the Town of Southold,Suffolk County,New Y,Qrk,,aad;cather;applicable Laws;,Ordinances or egulations, for the construction of buildings;additions, or alterations or for remavai of demolitio •as herein described. The )plicant agrees to comply with all applicable laws, ordinances,building code,'housing°code, and"regulations, and to admit ithorized inspectors on premises and in building for necessaryunspectipns. (Signature of applicant or name,if a corporation) (Mailing addiess of applicant)' ' tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder lame of owner of premises _ (As on'the tak •roll•or,latestzep F applicant is,a corporation,rsi�gnature'.of duly'authorized officer (Name and title of corporate officer)" a Y Builders License No. 'lumbers License No. illectricians License No. 'J )ther Trade's License No. L ation f land on hich proposed work will be done. 1J Q Q0 House Number Street- 6 ', ,� Hamlet County Tax Map No. 1000 Section '"1 Block Lot 2. State e zst rig use ando"pupancy of premises and intended use and occupancy of proposed construction: . a. Existing use g4d,•occugancy b. 'Intended use and occupancy 3. Nature-.of work-(check which a'ppligable):New Building', Addition Alteration Repair ' Removat Demolition- , Other Work (Description) 4. Estimated Cost' Fee (To be paid on-filing this application) 5. If dwelling, number of dwellin •units . Number of dwelling units on each floor If garage,•number d cars' " 6. If business, commercial or mixed occupancy, specify mature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height :dumber of Storrs I + Dimensions of same structure with alterations or additions, Front Bear•_, ..- Depth Height Number t rUVI 8. Dimensions of entire new construction: Front r Rear Depth ��' i I Height N�tt�lte of�trir : + 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner . 11. Zone or ruse district in which premises are situated :. 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO A _ 13. Will lot,be re-grade`dF? YES •NO.' l'WrlI'exoss fill Iie;rerrtoved•froxnprermse's?'YES'` NO 14. Names of-Owner•of premisesAddress_ Phone No. Name'of Architect Address'. Phone No Name of Contractor i Addross <Phone,-No: 15 a. Is this property within 100 feet of a tidal wetland or a freshwatervefiand?'*XES, NO * IF YES; SOUTHOLD TQWN,,TRUSTEE,S,,'&-Z.EIC:'PERNffTS�'h Y BE REQUIRED:- ' b. Is this property.within,300'flet,of-a-.tic d+lLwetlan4?'*=YE8 IN'b * IF YES, D.E.C'PERMITS MAY BE'REOUIREDI 16, Provide survey, to scale, with accurate foundation!pl�and disfances'to property lines. 17. If elevation at any point on property,is at-10 feet ox below, must provide topographical data on survey. 18, Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A.7CQPY:- STATE OF NEW YORK). . Y ss: e: COUNTY OF ' beia?g duly sworn, deposes S l&t� s-the'applicant' — (Name of individual signing c6ntract}`above named; Notary PubliicState of New York No.OtBU6186o60 • (S)He is the Qualified in Suffolk County (Contractor,Agent, Corpoiate Officer, etc.) >" of said ownerior owners, and is duly authorized to performorhave.performed the said work and to make and-file this application; that all statements contained in this application are true to tk a best of his knowledge and belief; and that the work will be performed in the manner.set forth in the appl�callon.filed,therewith. Sworn to before me this day of n _ 0,Z Notar Pulr)yic $ Signature of Applicant DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERAL,REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities &Temporary Controls 01501 Health& Safety Provisions DIVISION 1 -Page 1 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION is located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by the Engineer. B. In general,the work shall include but not be limited to the following: • Removal and Disposal of Heating Oil Tanks • Demolition • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable)must complete and submit the attached FORM B—STAFFING PLAN with their bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from DIVISION 1 -Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six(6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent,who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction,markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in DIVISION 1 -Page 3 of 13 - DIVISION I - GENERAL REQUIREMENTS accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRAMS,LINES,ILEATLS AND SURATYS A. The 0:,Amer's Engineer-,A411 establish one (1)beneh mark and leeation of the work lines as B. The re ferenee peipAs shall lu be maintained by the ('oPAT-a.ete All l other required line levels, grades, ete., shall be fumished by the GetAfaetor-fiem the referenee points. Q Re establishmepA of the r-efer-enee poipAs by the Engineer-for-the GepAraetor shall be do at the GepAraetor's expense—. D. The Gentfaetor shall veFify all gr-ades, lines, levels and di shevffi oil drawings, and he shall report any errors or ineeiisisteneies in the aforementioned to the Engineer- lef6re-E@�€n�A�r�c�imEncemen+-vrdvr�shall be eorreeted v«-+alz,ac Gontraeter at his ex-pense-. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York,the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5)years. On request,bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 - Page 4 of 13 DIVISION 1 -GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M., A.W.P.A.,A.S.A.,N.E.C.,I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications,bear the title SILL'S RESIDENCE DEMOLITION PLAN. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean,neat and workmanlike condition satisfactory to the Engineer. A. Before issuanee of the final eertifieate, the Contractor shall deliver- to the O'A%er- fellowing guarantees in addition to these speeifieally required in the general Condit and in the various teelniiea4 seetiens. B. The Gont-Faetor-hereby guarantees giat all mater-ials and workmanship installed und DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS ,period of one (1) year or for longer-pefieds w-her-e so pr-evided for- in the Speeifieations-, C. Should any defeets develep in the aforesaid work within the stipula4ed per-iods due faults in materials an&or-workmanship, the Centraeter hereby agrees to make all rep work, ineluding the eost of making good A other- work damaged by er ethefA4se affeeted by making of the repairs or eorreetive work shall be done v4�out any Gost-or- days after notiee to the Gentraetor, The e-A%er-may have the work done and ehar-ge eost thereof to the Gontraetor- and/or-his Sureties whe agree to pay the em%er-the eos sueh work if the GopAraaor-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 bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010-GENERAL DIVISION 1 -Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor,materials,tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. PAYMENT ITEMS (BY CONTRACT ITEM FROM THE PROPOSAL FORMS) ITEM 1 —REMOVE AND DISPOSE OF THREE (3) 275 GALLON OIL TANKS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to empty the tanks of any residual fuel oil and dispose of any residual fuel oil and the tanks in accordance with Suffolk County Department of Health Services (SCDHS) requirements. The Contractor is responsible for all coordination with SCDHS and shall provide the Town with copies of all documents filed with and received from the agency as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 2—DEMOLISH MAIN HOUSE AND DISPOSE OF DEBRIS 1. Method of Measurement: The Contractor shall receive the lump sum payment which shall include labor, materials, equipment, and incidentals necessary to demolish the residence and properly dispose of the demolition debris in a landfill. The Contractor is responsible for all coordination with the Southold Town Building Department and shall provide the Town with copies of all documents filed with and received from the department as part of the Contractor's payment request. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS costs of labor, materials, equipment, disposal costs and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. ITEM 3 —RESTORE PROPERTY WITH FILL AND 6" OF TOPSOIL 1. Method of Measurement: The Contractor shall receive the lump sum price for the placement of compacted fill and 6" of topsoil in the demolition site in order to bring the site to natural grade. 2. Method of Payment: Payment for this item shall be lump sum. Compensation under this work item shall be made separately and based upon the completion of the work. All costs of labor, materials, equipment, and incidentals necessary to satisfactorily complete the work in accordance with the plan, specifications, and/or as directed by the Engineer shall be included in the price bid for this Item. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 8 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities—Electricity, lighting, heat, • en l.,t;,-.,,, telephone s e (ineh,ding fax maebino,water and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY The Eleetfieal Gentraetor shall be responsible far-pFeviding and paying for-the temper-ar-y eleetr-ie pewer-for-eenstruetion to an established peipA proximate to the eenstruetion area. The temporary serviee sha4l be installed wid3in 30 days of the award of the contract. The Eleetrioal Gontr-aete shall be responsible for providing temporary eleetrie power-to all trades, for-the duFation of TEMPORARY WATER SERVICE f e l;ties fire pr-etee fie, aBd f r..l o.,,,;.,., B. Potable water shall be furnished for construction personnel by portable containers. G. Water- sei=viee shall be preteeted frein freezing, and the sei=viee shall be ex4e-Rded and rol..e ted as r-y te f eet tem per-ar-y wmotor requirements. D. The Gontfaetor- shall install a fne4er- and pay for- all &x-penses assoeiated with tempefar-y ..,d fees r rod f r+or~per-ar-y w t— T—P F. Upon eompletion of all work, the Gontraaof shall diseonnea and remove all tempemr-y eenneetions and fixtures. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death,personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. ' B. Protect site from puddling or running water. Provide water-barriers as required to protect DIVISION 1 - Page 10 of 13 DIVISION I -GENERAL REQUIREMENTS site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow.vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 11 of 13 DIVISION I - GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities,personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 -Page 13 of 13 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222 - Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 l DIVISION 2 -SITE WORK SECTION 02050#=SITE DEMOLITION& REMOVAL is DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE f In general,the work to be done shall include but not be limited to the following: it A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with the single- family residence. Such materials include wood, metal, concrete, oil storage tanks and all debris/trash located in and around the structure. B. All waste Materials generated from the site demolition shall be disposed of at permitted g p facility. Off--site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fe'e's, 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. . I. C. Any non-waste materials and/or equipment removed during demolition shall be considere d,for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to{. this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. 1. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding;environment while removing 1' BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted jfor in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION 1 1 DIVISION 2 - 2 of 8 DIVISION 2 - SITE WORK SECTION 02200- SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including,but not limited to the following: A. Environmental protection and silt f,,eing QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2 - SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it'accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts) expose or affect root systems of trees, the exposed roots shall be cut off DIVISION 2 - 4 of 8 I DIVISION 2 -SITE WORK cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2 - SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material 'shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2 -SITE WORK SECTION 02911—TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and'the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passim 1" Screen 100 1/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to,scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2 - SITE WORK The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL I DIVISION 2 - 8 of 8 h - r �q•r - �.�.or - i` y� +�L,r �' tY� " ��, +r u` • i�V ` wr. �aY .( 9'i �' �f .9 �a �`r21R _ � � t �`` � `l,�. ¢J' ♦ .SEN -v JAY-lty,. Y 'r� l 4 lV 5•� r , SOUTHOLD TOWN Or.r� t' zs t � ;. ;` 3t ENGINEERING VIA PROPOSm SILLS RESIDENCE DE MOLITION PROJECT NW�$11 t G R E E N P 0 R T Town of Southold T '- '�. `(� y ` a{ ti" ,1 ',4 •�{_{+ 'Srl"'. l. ,} 'S Y,u James A.Richter,RA ,.aga`:� r yt°? `�'� t Y,Q •` �' a 1000-45-5-3.2 AS NOTED #x.W�ii r^ u� ?' y " ;r w'E' AUGUST 1,2017 � �.� - amen 7. Ili�' T4 � R�11W 6u0061GT(N 7-`-=`� ,J'�3°.�.i, 'r FAN• i� � r, k � ' c• ;art- _ a: �, f� .`+vel } h, �cO 1�'�•a 1 The ted on the property receive inthe the lump sum puce for the plan and t and removal a all structures DEMOLITION PROJECT NOTES: located on the ro ert in the area Indicated on the site Ian and the removal of all trash and debris generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and(6'•)inches of topsoil as per the project Specifications. The items to be demolished include but are not limited to the following Removal and disposal of a two-story woad frame single family structure with partial basement Removal and disposal of an existing fuel oil tank in the basement of the single family residence 2. All costs associated with mark-out,earthwork,demolition,fill,compaction,restoration,carting Removal and disposal of two existing fuel oil tanks located behind the single family residence fees,safety equipment,all labor,materials,equipment and incidentals necessary to satisfactorily All excavated areas must be restored to grade with clean fill. complete the work according to the plans,specifications and/or as directed by the Engineer Dnn\,nnc a Removal and disposal of all miscellaneous and assorted debris in and around the residence shall be included in the price bid for this Item. Any and all other minor items that may become apparent during demolition but are not specifically �- referenced above. 3 The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination No extra charges above the lump sum price bid shall be approved or paid unless the Contractor with Suffolk County Department of Health Services and any other involved agencies seeks and receives approval from the Engineer prior to performing the work *F iff i STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 NYS Department of State CONTRACT NUMBER: C1000970 One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ❑x Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: ❑X New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase II CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number(if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road © Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ 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 ❑x Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page l of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract;Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: © State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑X Attachment A: © A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants © Attachment B: © B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A)Expenditure Based Budget (Amendment) ❑ B-2(A)Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget (Amendment) ❑X Attachment C: Work Plan © Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page g �3 IN WITNESS THEREOF,the parties hereto have executed or approved this Master Contract on the dates below their signatures. CONTRACTOR: STATE AGENCY: Town of Southold NYS Department of State 53095 Main Road One Commerce Plaza Southold,NY 11971 99 Washington Avenue—Suite 1010 Albany,NY 12231 By, By: LuAnn I. Hart Printed Name Printed Name Title: �� tyy Title: Dinxtor of Finamial Administration Date: _ 2,.S—)R Date: b12a jg STATE OF NEW YORK COUNTY OF V �� t4 On the 5 day of f L '2.019 ,before me personally appeared ,to me known,who being by me duly sworn,did t depose and say that(Dhe resides at t alw kj �tll';f� he/she is the t ,j I k tN" of the a the contractor described herein which executed the foregoing instrum t;and tha he he signed&er name thereto as authorized by the contractor name on the face page of this Master Contract. MICHELLE L. TOMASZEWSKI W'_Am 2NOTARY PUBLIC-STATE OF NEW YORK moo ) a1Qj No. 01T06156671 Qualified in Suffolk county My Commission ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE By: By: A VOW DEPT�I NTROL Title: Title: JUL 2'7 2018 JU- Date: Date: FOR0®MRTLLER a i Contract Number: #C1000970 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,thetontractor 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:#C1000970 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 tetras 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 1,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 I.B herein, it shall be subject to the approval of the AG and To the extent that the modifications to Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). 2 T the extent that the terms of Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section l(V). Contract Number:# C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for!the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: 1. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service;or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-] (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-] (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number # C1000970, Page 3 of 25,Master Contract for Grants-Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen(15)calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be,complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for,a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law,the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under Contract Number.# C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions 1, i �I 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 riot 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. Federallyi;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 I 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 ofjurisdictions subject to this provision. Contract Number:# C1000970 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 Attachmettt 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:# C1000970 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 fundedunder 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,(Zontractor'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:# C1000970 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:# C1000970 Page 8 of 25,Master Contract for Grants-Standard Terms and Conditions I 'I I 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 Contralctor agrees to accept a sum not to exceed the amount noted on the Face Page. '1', 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. I. - 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 Contractors 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 1;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 pan associated with such contract. For purposes of this section, "Full Execution" shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in the Full Execution of the Master Contract shall be governed by Article 11-B of the State Finance Law. 1 Contract Number:# C10009701, 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:# C1000970 Page 10 of 25,Master Contract for Grants-Standard Terms and Conditions i 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). i 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 theprocedures 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:b Payment shall be limited to rate(s) established in the Master'Contract. Payment may be requested no more frequently than monthly. g) Scheduled Reimbursement: The State Agency shall generate vouchers at the frequencies and amounts as set forth in Attachment D (Payment and Reporting Schedule), a 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 rogress 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 # C1000970 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 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:# C1000970 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 in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# C1000970 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:# C1000970 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: 1. If any 'specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of,a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions i I Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall -take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts,that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of$100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire(Questionnaire). 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as Contract Number:# C1000970 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:# C1000970 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:# C1000970 Page 18 of 25,Master Contract for Grants-Standard Terms and Conditions i (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non-personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips,and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within;the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely, inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number.# C1000970 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: 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:# C1000970 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 doe',s expend funds for the acquisition, construction, demolition, replacement, major repair or renovation sof 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; i 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.# C1000970 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:# C1000970 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 (Ul) 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:# C1 000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions i 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:9 C1000970 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 OAG1 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.#t C1000970' 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 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which_ requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. r C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the Department, unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20,Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract,section of this Agreement. In addition to other reserved rights it has to terminate this Agreement,the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies;are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that thea 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 settlemient with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 -!Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination'of the Agreement. 6. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam.goy/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://dbr.labor.state.ny.us/EDList/searchPage.do ; (2) is listed as an entity debarred from federal contracts (list available at: https://www.sam.izov/portal/public/SAM); or (3) fails to maintain requisite workers compensation or disability insurance coverage (see http://www.wy b.n�goy). Contractor agrees that any such suspension shall remain in place until the condition giving rise to the suspension is corrected by the subcontractor. The terms of this clause shall be incorporated in any and all subcontracts entered into in furtherance of this Contract. 2. The Contractor's use of subcontractors shall not diminish the Contractor's obligations to complete the Work in accordance with the Contract. The Contractor shall control and coordinate the Work of its subcontractors. 3. The Contractor shall be responsible for informing its subcontractors of all the terms, conditions and requirements of the Contract Documents including, but not limited to the terms of the Master Grant Contract, any and all Appendices, and any changes made by amendments thereto, and ensuring that any and all subcontracts entered into in furtherance of this Contract conform to and do not conflict with such terms. 4. Contractor shall file each and every subcontract entered into in furtherance of this Contract with the Department of State no later than fifteen (15) calendar days following the signing of the subcontract, unless otherwise authorized or directed by the Department of State. 5. Notwithstanding the requirements of Section IV.13.2 of the Standard Terms and Conditions, the Department reserves the right to require, upon notice to the Contractor, that, commencing from the date of such notice or a date otherwise specified in such notice, Contractor must obtain written approval from the Department prior to entering into any and all subcontracts valued at or below $100,000 for the performance of any activities covered by this Contract (as provided for in Attachment Q. Contractor agrees to require any proposed subcontractors to timely provide to the Department such information as may be requested by the Department as necessary to assess whether the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing the work. In the event the Department invokes this right of prior approval and a request for approval Contract Number: #C1000970 Page 3 of 20,Attachment A-I —Program Specific Terms and Conditions is submitted by Contactor 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. 1 G. Compliance with Procure nent 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,OdO, the municipal attorney, chief legal officer or financial administrator shall certify that the jproce aures 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 advert'li,sed pIIocess 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 desi ned to provide information to assist the contracting agency in assessing a CONTRACTOIR s re ponsibility, 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 Responsibilit, 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://portal.osc.stateln, .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 hel desk osc.state.n .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 oi-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 1000970 Page 4 of 20,Attachment A-I —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.ny.gov Contract Number: #C1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold,NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.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: #C1000970 Page 6 of 20,Attachment A-1 -Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5 of the New York Codes, Rules and Regulations ( ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the "Contractor" and the "Contract,"respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York State Certified MWBEs found at the following internet address: https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic 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. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/FrontEnd/VendorSearchPublic.aM. 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: #C1000970 Page 7 of 20,Attachment A-1 —Program Specific Terms and Conditions with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the broker's contract. FOR CONSTRUCTION CONTRACTS—The portion of a contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage,charged by the MWBE. d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. Such documentation shall include, but not necessarily be limited to: 1) Evidence of outreach to MWBEs; 2) Any responses by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity ("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract, the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas.of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20,Attachment A-1 Program Specific Terms and Conditions i 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 i because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b) The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess of$250,000,the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20, Attachment A-1 —Program Specific Terms and Conditions i i 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 violencei 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. I b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. I 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. i 6. Quarterly MWBE Contractor Compliance Report. I 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 i Contract Number: #C10009701 Page 10 of 20,Attachment A-1 L Program Specific Terms and Conditions the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at httys: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 hitps://ny.newnycontracts.com/FrontEndNendorSearchPublic.asi), The Department makes no representation with respect to the availability or capability of any business listed in the Directory. 7. Liquidated Damages - MWBE Participation a. Where the Agency determines that the Contractor is not in compliance with the requirements of the Contract and the Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Agency liquidated damages. b. Such liquidated damages shall be calculated as an amount equaling the difference between: 1) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. c. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Agency, the Contractor shall pay such liquidated damages to the Agency within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women's Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. N. Service-Disabled Veteran-Owned Businesses Participation Article 17-B of the Executive Law, enacted in 2014, authorized the creation of the Division of Service- Disabled Veterans' Business Development to promote participation of Service-Disabled Veteran-Owned Businesses (SDVOBs) in New York State contracting. The Service-Disabled Veteran-Owned Business Act recognizes the veterans' service to and sacrifice for our nation, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses, and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect, the Department of State (DOS) has implemented a Veteran-Owned Businesses (SDVOB) Program, as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%,the Department of State strongly encourages grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained, a quarterly SDVOB utilization report should be Contract Number. #C1000970 Page 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_nygov/Veterans/. 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.Hermanaa,dosmy.gov or Api.Ohouo@dos.nygov. The directory of certified SDVOB vendors can be found at: https:Hops_ny.lzovNeterans/Docs/CertifiedNYS SDVOB.pd I li Contract Number: #C1000970' Page 12 of 20,Attachment A-I Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: I 1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share-of the cost of approved local waterfront revitalization projects as defined in the Act. 2. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. 3. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Attachment C, the Department has made a determination of eligibility of funding for Contractor's project under such Act. 4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement,until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C1000970 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following'the end of each reporting period. B. Additional Requirements for Construction Projects 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 I1 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20,Attachment A-1 =Program Specific Terms and Conditions I (30) days prior to the cancellation, non-renewal, or material alteration of such policies,which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20,Attachment A-1 —Program Specific Terms and Conditions C. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased,hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents�,and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than$1,000,000. E. Contractor Propert ,Interest I: Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed,color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 1 Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b)the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. 3. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: 1. The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the prcjLt, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: a. Map Products and Supporting Data -- The Department requires delivery of digital map products, including all associated GIS and/or CAD digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog map products are required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as ArcInfo/GIS coverages or CAD files on the same media types upon approval of the Department. I All other digital formats require prior approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. c. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure". d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor,U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems-- All map products should be referenced to the North American Horizontal 'Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication --No duplication of points that occur within a data string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; 'overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 _Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision-- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media-- All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department, where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic,Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe(9 Acrobat® Portable Document Format- PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. I Contract Number. #C1000970 Page 20 of 20,Attachment A-1 Program Specific Terms and Conditions I I ATTACHMENT B-1—EXPENDITURE BASED BUDGET I A. Salaries $48,597.00 B.Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A. SALARIES (including fringe benefits) _ Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 I B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedestrianbridge.............................................................................................$29,178.00 Lumber and associated hardware for boardwalks, observation blinds, kiosks,timber guard rails.............................................................................................................$16,050.00 Safety supplies,work gloves,trash bags, and tools..........................................................$705.00 Crushed bluestone far parking areas........................................................................$5,000.00 Trailmarkers....... ............................................................................................$225.00 SUBTOTAL $51,158.00 __D. EQUIPMENT Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos.............................................................................$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave.,Suite 7 Bohemia NY 11-716 EIN# 11-3612196 Demolition of Sill House...........'..........................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25,PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL .$144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 ATTACHMENT C -WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas,parking,kiosks, and educational materials within the project area including a newly acquired open space parcel.Dilapidated structures and septic systems will be removed and the area restored to a natural state. A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage. Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiativlwi11 connect open space parcels in the Town of Southold, Village of Greenport, and Suffolk County together Iia pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound, restore-habitat,remove invasive species, and create opportunities for passive and active public education and stewardship of the environment.Expected results include new trails, boardwalks, observation blinds,new and restored parking areas; restoration of the Sill House site, daylighting and habitat restoration at Moore's Drain, educational kiosks,{a new footbridge,maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs, and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed,constructed,and/or produced acknowledge the contributions of the New York Department of State(Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This (document, report, map, etc.)was prepared with funding provided by the New York Department of State under Title 1 of the Environmental Protection Fund." The Contractor must submit to the Department all required products,clearly labeled with the NYS Comptroller's Contract#as indicated on the Face Page of this contract and where applicable,the related Task# from this Work Plan.,The Contractor shall submit: a • Draft products: two paper copies of each product. In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products:twa,paper copies of each product. In addition, all final products(including reports, designs, maps, drawings,and plans)must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobats Portable Document Format-PDF(created using 300 dpi scanning resolution)and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name,the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department,and comply with the requirements for Contract GIS Products. • Electronic data for all designs, drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Department)as well as in JPEG or GIF format. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release,to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners,and any other appropriate entities shall hold an initial meeting to review the project scope,project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA)compliance requirements, MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project,and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor,or a designated project partner,shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county, and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals(RFP) for each of the four(4)services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions,expected final results,a schedule for completion,MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4)draft and final RFPs. Department approved RFPs released through advertisement in local paper, the New York State Contract Reporter,and other appropriate means. I Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department,the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating cI nsultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectivenessi of the proposal; • Qualifications and',relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget; and, • Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is required. The municipal attorney,chief legal officer,or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractors selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s)shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion, a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s)shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contracltor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services,prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4)draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners,as appropriate,to review project requirements, site conditions,and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the-meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary,. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings,plans, specifications,and cost estimates for all construction components, including trails, boardwalks,observation blinds,and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents,certified by a licensed professional engineer, architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state,and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis. Pre-permitting meeting with identified entities, if necessary. Task 9: Environmental"Quality Review The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a'Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary,a Draft Environmental Impact Statement. Task I0: Permits and Approvals After the final design and construction documents have been approved by the Department,the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state, and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing,the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department,pursuant to the consistency provisions of the federal Coastal Zone Management Act; I. • other New Yor,'k State agencies such as the Department of Environmental Conservation;the Office of General Ser,ices pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters:overlying those lands;and the Office of Parks,Recreation,and Historic Preservation or the State His Preservation Officer;and, • agencies of Suffolk County, Southold Town, Greenport Village, or special purpose district, including but not limited to:town boards, boards of trustees;planning commissions,boards or departments; and/or building:or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations,that the project complies with the requirements of the statute. Copies of all required'permits and approvals shall be submitted to the Department upon receipt. Products: All required'„permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system,through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property,dedication for public use, and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement,;and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed.Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances,a new deed is not issued,but instead a statement of death. The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken.To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design,and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks,observation blinds, and parking areas within the Project Area After receipt of all necessary permits,the Contractor or its construction subcontractor(s)may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s)shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s)shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed,the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s)shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming, deadfall removal,and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base,timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test&Remediate Contamination, Demolition of Sill House, and Site'Restoration 1 ,The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system,and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. 1� Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before,during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain'Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge.Reconstruct existing parking area and installation of two (2)kiosks. Products: Day-lighted drain,restored stream bank, installed foot-bridge and kiosks, and reconstructed parkin g'area. Photos of the areas before, during, and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include:clean-up of unregulated garbage dumping sites'in the Silver Lake area,mapping of invasive species, mapping of trails,flora and fauna surveys,monitoring of clean-up process,organization of volunteer clean up days, invasive species removal, and planting of native species.The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach,stewardship,and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village,Town,and County residents and visitors. The AppleiPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. 1 Task 17A: Third Project Meeting For designing and 'eveloping text for an interpretive program, including printed materials(brochures, flyers, fact sheets, newsletters) and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include:the target audience; issues to be addressed;type of materials to be produced;subcontractors needed(printer, graphic artist);number of items to be printed or signs constructed;distribution method (utility bills,schools); or location of signs or kiosks;and,evaluative methods and materials (coupons, surveys). For designing and developing a curriculum and text for printed materials,subjects to be covered include: the target population; overall theme;goals and objectives;subject areas to be covered; method of presentation (classroom/laboratory sessions vs. field work/laboratory sessions);potential vehicles for presenting information(printed matter,video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments,workshops, etc.);equipment purchases which may be necessary; and, existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s)shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 1713: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate,obtain permission to use these materials in this project. The Contractor or its consultant(s) shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the.concepts for visual materials and text,the Contractor or its consultant(s) shall compile a graphics package including text,color selections,maps,photographs,and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 17D: Hold Review and Revision Meeting In consultation with the Department,the project,advisory committee,and other project partners as appropriate, the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package,and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee, the Contractor or its consultant(s)shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: Draft text for interpretive materials. Task 17F: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or,its consultant(s)shall prepare final text and incorporate it into the preferred layout. The final text and Payout of these materials shall reflect the comments received from the advisory committee and the'Department during product review. 11 Products: Final text and layouts for all education, outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials " According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed,fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products:lEducation/Outreach plan for the Bay to Sound Trails initiative project area. A copy of maps, surveys, and Ipublic outreach materials created; photos of events, clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H:, Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes, tree identification workshops, bird walks and generafnature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products:Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1,Part I, Section M,Paragraph 6,Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors(including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shallbe 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 httr)s:Hnv newnycontracts.com by clicking on the"Contact Us& Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above,an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State,paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F)forms in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s) shall submit project status reports semi-annually(every June 30 and December 31)on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks,and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant,execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel,project volunteers,and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed,and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract#as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee,or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced'prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s)and any other subcontractor(s). • will participate in(project kick-off meeting and attend meetings that are important to the project.- • will review all dram and final'products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design, site plan,and preconstruction documents. Department approval must be obtained before construction may begin. li I i I I , I f Ili I ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language (if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 0% of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C1000970 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: ❑ S "heduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS VISIONS 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 dans after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii) of the Master Contract. ® F'nal Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report(CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services,Office of Mental Health,Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which,in jdifferent 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 i . Contract Number: #C1000970 Page 2 of 4, Attachment D—Payment and Reporting Schedule t jB. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 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- #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule i TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. I I Contract Number: #C1000970 Page 4 of 4,Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of em to ees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package. Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1. Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3 Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors'total work force. 4. Enter the total work force by EEO job category. 5. Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification'. Contact the DOS Permissible contact(s)for the solicitation if you have any questions. 7. Enter information on disabled or veterans included in the anticipated work force under the appropriate headings. 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are: • WHITE (Not of Hispanic origin)All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East. • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia,the Indian subcontinent or the Pacific Islands. ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition. NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who: - has a physical or mental impairment that substantially limits one or more major life activity(ies) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER • Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ TEGHNICALY'PROPOSAL Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. REUEVA-NT!EXftRkkE Experience with similar projects. IMPLEMENTATION SCHEDULE ` Ability to complete the project within the required time frame months). COST PROPOSAL Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MBE/WBE participation ;-J Additional Comments: Reviewer: Date: Ratings: 5-Outstanding,4-Very Good,3- Good,2-Fair, 1-Poor LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County,New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971, until 2:00 P.M. MONDAY, DECEMBER 3, 2018, at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. Request for additional information or inquires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5% bid security. All bids must be marked "Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold,New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 4, 2016 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 15, 2018, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board #0002283470 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 11/15/2018 Principal Clerk Sworn to before me this `0 day of rsRlSTiidrl VIOLINSKI NOTARY PUBLIC-STATE OF NaV YORK No 01 V0610505i1 Qualified in Suffolk County My CUMMISS100�Wlroq f!bwory 28,2020 TYPESET- Thu Nov 08 1152 06 EST 2018 LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN,in accor- dance with the provisions of Section 103 of the General Municipal Law,that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York,at the Southold Town Clerk's Office, Town Hall,53095 Main Road,Southold,New York 11971,until 2:00 P.M.MONDAY,DE- CEMBER 3,2018,at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours There is a $1000 non- refundable fee for the specifications Request for additional information or in- quires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179,Southold,NY 11971 Telephone:(631) 765-1560. The Town Board of the Town of Southold reserves the right to refect any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so All bids must be accompanied by a Non- Collusive Bid Certificate,and 5%bid secu- rity All bids must be marked`Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk,Town of Southold,Town Hall, 53095 Main Road, Southold, New York 11971 The bid price shall not include any tax, federal,state,or local,from which the Town of Southold is exempt. Dated.October 4,2016 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK 2283470 LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County,New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971,until 2:00 P.M. MONDAY,DECEMBER 3,2018, at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. Request for additional information or inquires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to-do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5% bid security. All bids must be marked "Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold,New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 4, 2016 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 15,2018,AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK,PO BOX 1179, SOUTHOLD,NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board a LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law,that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County,New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971, until 2:00 P.M. Thursday,November 30,2018, at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. Request for additional information or inquires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5%bid security. All bids must be marked "Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold,New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 4, 2016 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 8,2018,AND FORWARD ONE (1 )AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK,PO BOX 1179, SOUTHOLD,NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board #0002280500 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 11/08/2018 Principal Clerk Sworn to before me this (, day of Vv2B M CHRISTINA VOLINSKi NOTARY PUBLIC-STATE OF NEW YORK No 01V0610505() Qualified in Suffolk County My Commission Expires february 29,2020 TYPESET Thu Nov 01 11:04:35 EDT 2018 LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN,in accor- dance with the provisions of Section 103 of the General Municipal Law,that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York,at the Southold Town Clerk's Office, Town Hall,53095 Main Road,Southold,New York 11971,until 2:00 P.M.Thursday,No- vember 30,2018,at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours There is a $10.00 non- refundable fee for the specifications Request for additional information or in- quires should be addressed to the Michael Collins,PE, Southold Town Hall,PO Box 1179,Southold,NY 11971.Telephone (631) 765-1560. The Town Board of the Town of Southold reserves the right to refect any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non- Collusive Bid Certificate,and 5%bid secu- rity.All bids must be marked`Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk,Town of Southold,Town Hall, 53095 Main Road, Southold, New York 11971. The bid price shall not include any tax, federal,state,or local,from which the Town of Southold is exempt. Dated October 4,2016 ELIZABETH A NEVILLE SOUTHOLD TOWN CLERK 2280500 LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971, until 2:00 P.M. MONDAY, DECEMBER 3,2018, at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. Request for additional information or inquires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5%bid security. All bids must be marked "Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold,New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 4, 2016 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 15, 2018, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD,NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board f STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 1" day of November, 2018, 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. Sill's Property Bid 'n� t y Ul Lynda M Rudder Southold Deputy Town Clerk Sworn before me this 1St day of November_, 2018. Notary Public SABRINA M BORN Notary Public,State of New York No.01806317038,Suffolk County Commission Expires Dec.22,20 IS..,_ LEGAL NOTICE Request for Bid Proposals NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids will be received by the Town Clerk of the Town of Southold, Suffolk County,New York, at the Southold Town Clerk's Office, Town Hall, 53095 Main Road, Southold,New York 11971, until 2:00 P.M. Thursday,November 30,2018, at which time they will be publicly opened and read aloud, for Sill's Farm Property Main House Demolition. Specifications may be obtained at the Office of the Southold Town Clerk during normal business hours. There is a$10.00 non-refundable fee for the specifications. Request for additional information or inquires should be addressed to the Michael Collins, PE, Southold Town Hall, PO Box 1179, Southold,NY 11971. Telephone: (631) 765-1560. The Town Board of the Town of Southold reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be accompanied by a Non-Collusive Bid Certificate, and 5% bid security. All bids must be marked "Bid on Sill's Farm Property", and must be signed and sealed in envelopes plainly addressed to the Town Clerk, Town of Southold, Town Hall, 53095 Main Road, Southold,New York 11971. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 4, 2016 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 8, 2018, AND FORWARD ONE (1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, PO BOX 1179, SOUTHOLD,NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters Burrelle's Info Services Town Clerk's Bulletin Board TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "SILL'S FARM PROPERTY MAIN HOUSE DEMOLITION" Definite specifications may be obtained at the Southold Town Clerk's Office beginning November 8,2018 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD November 29,2018 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P:E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and i 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 10:00"on November 13, 2018 at the site located at 70282 & 70284 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. RESOLUTION 2016-888 ADOPTED DOC ID: 12311 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-889 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 4,2016: 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 Property Main House located at 70282 & 70284 Main Road (NYS Route 25) in Greenport, New York, as per the plans and specifications prepared by Michael Collins, P.E., Office of the Engineer, subject to the approval of the Town Attorney. "iO? 6 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell