GPL Dome Restoration Bid Set.pdf

Project Manual Containing Specifications for

Dome Restoration Project at:

GLOVERSVILLE PUBLIC LIBRARY

Gloversville, New York

Dome Re-Roofing and Related Work Architect’s Project No.: 23•46•16

Owner: Library Board:

58 East Fulton Street

Gloversville, New York 12078 p: 518•725•2819

Greg Niforos, President Merry Dunn Brown, Vice President Susan Shrader, Secretary Charles Reed, Vice President of Finance Richard Carlson Jonathan Federman Caren Pepper Charlotte Will Michael Frank, Treasurer, Recording Secretary (non-elected, non-voting position)

Date: Library Director:

18 August 2025 Valerie Acklin

Architect:

BUTLER

ROWLAND

MAYS

Architects, LLP 57 West High Street Ballston Spa, NY 12020 p: 518•885•1255 f: 518•885•1266

THE ARCHITECT CERTIFIES THAT THIS PROJECT HAS BEEN DESIGNED BY ME, OR UNDER MY SUPERVISION, IN ACCORDANCE WITH THE

NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, INCLUDING AMENDMENTS AS PUBLISHED BY NEW YORK DEPARTMENT OF STATE, (CURRENT VERSION); THE ENERGY CONSERVATION CONSTRUCTION CODE (CURRENT VERSION), THE BUILDING STANDARDS OF

THE NEW YORK STATE EDUCATION DEPARTMENT, AND APPLICABLE FEDERAL, STATE AND LOCAL LAWS, CODES, AND REGULATIONS, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THESE DOCUMENTS ARE IN CONFORMANCE THEREWITH.

024705 12-31-2026

Set No.:

Steven G. Rowland, RA NYS Registration. No. Exp. Date

Dome Restoration Project at Table of Contents Gloversville Public Library 00 10 00 - 1 Architect’s Project No. 23•46•16

GLOVERSVILLE PUBLIC LIBRARY

Dome Restoration Project

Table of Contents

SPECIFICATIONS

DIVISION 0 – PROCUREMENT AND CONTRACTING REQUIREMENTS:

00 10 00 Table of Contents 00 11 16 Invitation to Bid 00 21 13 Instructions to Bidders

Request for Clarification of Bid Documents Bid Document Checklist

00 30 00 Information Available to Bidders Notice to Contractors, Subcontractors, Suppliers and Vendors Appendix A (Standard Clauses For New York State Contracts) Attachment A-1 (Agency Specific Terms and Conditions) Attachment A-2 (Program Specific Terms and Conditions) Vendor Responsibility Questionnaire 00 41 16 Bid Form 00 41 17 Supplements to Bid Form 00 43 13 Bid Bond AIA A310 00 43 96 Contractor’s Integrity Certification Regarding Debarment, Suspension and other

Responsibility Matters 00 43 97 Statement on Sexual Harassment 00 45 19 Non-Collusive Bidding Certification 00 44 39 Non-Discrimination and Affirmative Action Requirements 00 52 13 Agreement AIA A101-2017 Standard Form of Agreement between Owner and Contractor 00 61 13 Performance Bond AIA A312 00 61 14 Payment Bond AIA A312 00 72 13 General Conditions – AIA A201-2017 General Conditions of the Contract for Construction 00 72 14 Supplementary Conditions to AIA A201 00 73 43 Wage Rate Schedule

DIVISION 1 – GENERAL REQUIREMENTS:

01 10 00 Summary 01 14 50 Record Documents 01 29 00 Price and Payment Procedures 01 30 00 Administrative Requirements 00 33 00 Submittal Procedures 00 33 00.1 Submittal Cover Sheet 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 73 00 Execution Requirements AIA G706 – Contractor’s Affidavit of Payment of Debts and Claims AIA G706A – Contractor’s Affidavit of Release of Liens AIA G707 – Consent of Surety to Final Payment

DIVISION 07

07 61 10 Copper Roofing

DRAWINGS

G-100 Cover Sheet A-100 Partial Roof Plan & Details

Dome Restoration Project at Invitation to Bid Gloversville Public Library 00 11 16 - 1 Architect’s Project No. 23•46•16

SECTION 00 11 16

INVITATION TO BID

Owner: Architect:

Gloversville Public Library Butler Rowland Mays Architects, LLP 58 East Fulton Street 57 West High Street Gloversville, NY 12078 Ballston Spa, NY 12020 Director: Valerie Acklin (518) 885-1255

Date: 18 August 2025

Contractors are invited to submit a prime contract bid offer for the Dome Restoration Project at the Gloversville Public Library.

The sealed bids will be accepted by the City of Gloversville Clerk, located at Gloversville City Hall located at 3 Frontage Road, Gloversville, NY 12078, until Thursday, October 9, 2025, on or before 2:00 p.m. Bids will be opened immediately following and publicly read aloud.

Bidders must submit a Bid Form and inclusive attachments, sealed in clearly labeled envelopes, in duplicate.

Bidders are required to complete the Bid Form entirely. Bidders may provide additional required information as appropriate, but may not qualify their Bid in any way.

Bid Documents for the Stipulated Sum Contracts will be distributed as digital sets. Bidding Documents, Drawings and Specifications may be viewed online free of charge beginning August 18, 2025 at www.revplans.biddyhq.com under “Public Projects’, or electronically downloaded for a non-refundable charge of one hundred dollars ($100.00). Complete sets of Bidding Documents, Drawings, and Specifications, on compact disc (CD) may be obtained from Rev, 28 Church Street, Unit 7, Warwick, NY 10990 Tel: 1-877-272-0216 for an additional fee.

The project is being funded, in part, by a grant from the Office of Parks, Recreation and Historic Preservation through Title 9 of the NYS Environmental Protection Act of 1993, as well as by the NYS Downtown Revitalization Initiative (DRI). Minority and Women owned businesses are strongly encouraged to bid on this project. The City of Gloversville DRI requires this project meet a Minority Owned participation goal of 10% and a Women owned business goal of 10%.

All bidders are subject to the terms of the State of New York Contract for Grants -- Standard Terms and Conditions, which can be found online at https://grantsmanagement.ny.gov/state-agency-resources

All Bidders, Subcontractors, Vendors and Suppliers are subject to the provisions included in the “NOTICE TO CONTRACTORS, SUBCONTRACTORS, SUPPLIERS AND VENDORS”, a copy of which is included in this Project Manual under Section 00 30 00 “Information Available to Bidders”.

All bidders are subject to the terms of the State of New York Contract for Grants Appendix A (Standard Clauses For New York State Contracts), Attachment A-1 (Agency Specific Terms and Conditions) and Attachment A-2 (Program Specific Terms and Conditions). Copies of each of these are included in this Project Manual under Section 00 30 00 “Information Available to Bidders”.

The project is tax exempt and a Tax Exempt Certificate will be provided to the successful bidder.

The project shall use Prevailing Wages for Fulton County in NY State. The Wage Rate Schedule is provided in the bid documents.

Dome Restoration Project at Invitation to Bid Gloversville Public Library 00 11 16 - 2 Architect’s Project No. 23•46•16

Contractors are required to provide Bid security in the form of a Bid Bond in the amount of a sum no less than 5 percent of the Bid Price. Performance Bond and Payment Bond for 100% of the Contract Sum will be required prior to executing the Construction Contract. Failure to submit the Bid Bond with the Bid may be cause for rejection. Refer to other Bidding requirements describes in Specification Section 00 21 33 Instructions to Bidders.

A MANDATORY Pre-Bid Meeting has been scheduled for 10:00 a.m. on Wednesday, September 24, 2025 at the project location: 58 East Fulton Street. Minutes of the pre-bid meeting will be issued as part of an addenda. Bidders are encouraged to attend the Pre-Bid meeting. Please note, access to the roof is via a ladder and roof hatch. All bidders please plan accordingly.

All questions during the bid phase shall be in writing and directed to Steven G. Rowland, at Butler Rowland Mays Architects, LLP at rowlands@brmarchitects.com. A Request for Clarification of Bid Documents form is provided in the Instructions to Bidders Section 00 21 33.

Bid offers will be required to be submitted under a condition of irrevocability for a period of forty-five (45) calendar days after submission.

The Owner expressly reserves the right to accept or reject any or all bids submitted in response to this bid solicitation and/or to accept any portion of said bid and reject the balance.

END OF SECTION

Dome Restoration Project at Instructions to Bidders/ Gloversville Public Library Request for Clarification of Bid Documents Architect’s Project No. 23•46•16 00 21 13 1

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

PART 1 SUMMARY

1.1 DOCUMENT INCLUDES

A. Part 2 - Invitation

2.1 Bid Submission

2.2 Work Identified in the Contract Documents

2.3 Contract Time

B. Part 3 - Bid Documents and Contract Documents

3.1 Definitions

3.2 Contract Documents Identification

3.3 Availability

3.4 Examination

3.5 Queries/Addenda

3.6 Product/System Substitutions

C. Part 4 - Site Assessment

4.1 Site Examination

D. Part 5 - Qualifications

5.1 Evidence of Qualifications

5.2 Subcontractors/Suppliers/Others

5.3 Vendor Qualification Questionnaire

E. Part 6 - Bid Submission

6.1 Submission Procedure

6.2 Bid Ineligibility

F. Part 7 - Bid Enclosures/Requirements

7.1 Security Deposit

7.2 Consent of Surety/Agreement to Bond

7.3 Performance Assurance

7.4 Bid Form Requirements

7.5 Fees for Changes in the Work

7.6 Bid Form Signature

G. Part 8 - Offer Acceptance/Rejection

8.1 Duration of Offer

8.2 Acceptance of Offer

H. Bid Document Checklist

I. Form for “Request for Clarification of Bid Documents”

1.2 RELATED DOCUMENTS

A. Section 00 11 16 - Invitation to Bid.

B. Section 00 41 16 - Bid Form.

Architect’s Project No. 23•46•16 00 21 13 2

C. Section 00 81 00 - Supplementary Conditions: Contract Time Identification, Tax Exempt Procedures, Bond Types and Values, Insurance and Bonds, and Wage Rate Information.

D. Section 01 10 00 - Summary

E. Section 01 29 00 – Price and Payment Procedures

F. Section 01 30 00 – Administrative Requirements

G. Section 01 73 00 – Execution Requirements

PART 2 INVITATION

2.1 BID SUBMISSION

A. Offers submitted after the bid opening time will be returned to the Bidder unopened.

B. Offers will be opened publicly and read aloud at the time and date indicated in Document

00 11 16, Invitation to Bid.

2.2 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS

A. Work of the proposed Contract shall comprise the furnishing of all labor and materials as necessary to complete the work specified herein and shown on the Contract Drawings.

2.3 CONTRACT TIME

A. See Section 00 81 00, Article 8 – Time.

PART 3 BID DOCUMENTS AND CONTRACT DOCUMENTS

3.1 DEFINITIONS

A. Bid Documents: Contract Documents supplemented with Invitation to Bid, Instructions to Bidders, Bid Forms, Supplements to Bid Forms, and Appendices, Bid securities, identified herein.

B. Contract Documents: Defined in AIA A201 Article 1 including issued Addenda.

C. Bid, Offer, or Bidding: Act of submitting an offer.

D. Bid Price: Monetary sum identified by the Bidder in the Bid Form.

3.2 CONTRACT DOCUMENTS IDENTIFICATION

A. The Contract Documents are identified as Project No. 23 46 26, prepared by the Architect, Butler Rowland Mays Architects, LLP, located at 57 West High Street, Ballston Spa, NY 12020.

Architect’s Project No. 23•46•16 00 21 13 3

B. The Contract Documents contain:

1. The Project Manual, containing Bidding Requirements, Contract Requirements, General Requirements, Form of Contract and General Conditions of the Contract.

2. The Contract Drawings:

G-100 ........................................................................................... Cover Sheet A-100 ..................................................................... Partial Roof Plan & Details H-000 ...................................................... Hazardous Materials General Notes H-100 ................................................. Overall Roof Hazardous Materials Plan

3.3 AVAILABILITY

A. Bid Documents for the Stipulated Sum Contracts will be distributed as digital sets. Bidding Documents, Drawings and Specifications may be viewed online free of charge beginning August 18, 2025 at www.revplans.biddyhq.com under “Public Projects’, or electronically downloaded for a non-refundable charge of one hundred dollars ($100.00). Complete sets of Bidding Documents, Drawings, and Specifications, on compact disc (CD) may be obtained from Rev, 28 Church Street, Unit 7, Warwick, NY 10990 Tel: 1-877-272-0216 for an additional fee.

B. Bid Documents are made available only for the purpose of obtaining offers for this project.

Their use does not grant a license for other purposes.

3.4 EXAMINATION

A. Bid Documents may be viewed at the office of the Architect, or at the Gloversville Public Library.

B. Upon receipt of Bid Documents verify that documents are complete. Notify the Architect should the documents be incomplete.

C. Immediately notify the Architect upon finding discrepancies or omissions in the Bid Documents.

3.5 QUERIES/ADDENDA

A. Direct questions through the Architect in writing via email on the form enclosed with this document, at the end of this section to rowlands@brmarchitects.com.

B. Addenda may be issued during the Bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Price.

C. Verbal answers are not binding on any party.

D. Clarifications requested by Bidders must be in writing not less than 5 business days before date set for receipt of Bids as appropriate. The reply will be in the form of an Addendum, a copy of which will be forwarded to known recipients of the bid documents.

3.6 PRODUCT/SYSTEM SUBSTITUTIONS - EQUIVALENTS

A. Where two or more kinds, types, brands, manufacturers or materials are named in these specifications, they are to be regarded as the required standard of quality, performance and aesthetic and are presumed to be equivalent. The Contractor may select one of these items or, if the Contractor desires to use any kind, types, brands, manufacturers or materials other than those named in the specifications, the Contractor shall indicate in writing during the submittal process, what kind, types, brands, manufacturers or materials

Architect’s Project No. 23•46•16 00 21 13 4 are proposed as equivalent to or substitutes for the specified item. The contractor is solely responsible for providing sufficient information to the Architect to prove that the products submitted are equivalent to those specified and shall submit material describing in specific detail, wherein it differs from the quality and performance required by the base Specifications, and such other information as may be required to deem the substituted product equivalent. The Architect shall be sole judge of whether an item is equivalent or superior using the listed products to establish a quality performance and aesthetic standard which must be met. Refer to Section 01 60 00 Product Requirements for additional information.

B. The submission shall provide sufficient information to determine acceptability of such products.

C. Provide complete information on required revisions to other Work to accommodate each substitution, including revisions to other Work.

D. Provide Products as specified unless equivalents or substitutions are submitted in this manner and subsequently accepted.

E. Approval to submit equivalents or substitutions prior to submission of Bids is not required.

PART 4 SITE ASSESSMENT

4.1 SITE EXAMINATION

A. The Contractor shall attend the mandatory Pre-Bid Walk Through as stated in Section 00 11 16 – Invitation to Bid.

B. The Contractor shall examine the project site before submitting a Bid. The Owner assumes no responsibility for contractor’s lack of familiarity with the project site or with existing conditions.

B. Claims for additional compensation due to reasonably observable site conditions will not be considered.

PART 5 QUALIFICATIONS

5.1 EVIDENCE OF QUALIFICATIONS

A. To demonstrate qualification for performing the Work of this Contract, Bidders may be requested to submit written evidence of financial position, previous experience, current commitments, and license to perform work in the State of New York.

5.2 SUBCONTRACTORS/SUPPLIERS/OTHERS

A. The Owner reserves the right to reject a proposed Subcontractor for cause.

B. Refer to Article 5 of AIA A201 General Conditions of the Contract, for additional subcontractor information.

5.2 VENDOR QUALIFICATION QUESTIONNAIRE

A. Upon award, for all contracts that equal or exceed $100,000, the contractor will be required to submit to the State a Vendor Responsibility Questionnaire: Construction – For-Profit. The questionnaire can be found online at:

http://www.osc.state.ny.us/vendrep/forms_vendor.htm

Architect’s Project No. 23•46•16 00 21 13 5

B. A copy of the Vendor Qualification Questionnaire is included in Section 00 30 00 – Information Available to Bidders.

PART 6 BID SUBMISSION

6.1 SUBMISSION PROCEDURE

A. Bidders shall be solely responsible for the delivery of their Bids in the manner and time prescribed.

B. Submit two copies of the executed offer on the Bid Forms provided, signed and sealed with the required security in a closed opaque envelope, clearly identified with Bidder's name, Project name “Dome Restoration Project at The Gloversville Public Library”, and Owner's name on the outside.

D. Improperly completed information, irregularities in bid bond, or missing forms, may be cause not to open the Bid Form envelope and/or declare the Bid invalid or informal.

E. An abstract summary of submitted Bids may be made available to all Bidders following

Bid opening.

6.2 BID INELIGIBILITY

A. Bids that are improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may, at the discretion of the Owner, be declared unacceptable.

B. Bid Forms, Appendices, and enclosures which are improperly prepared may, at the discretion of the Owner, be declared unacceptable.

C. Failure to provide security deposit, bonding or insurance requirements, a signed

Certificate of Non-Collusion, and signed Non-Discrimination & Affirmative Action Form may, at the discretion of the Owner, invalidate the Bid.

D. Grounds listed above for declaring a bid to be unacceptable are not deemed to be exclusive or to limit the Owner.

PART 7 BID ENCLOSURES/REQUIREMENTS

7.1 SECURITY DEPOSIT

A. Bids shall be accompanied by a security deposit as follows:

1. Bid Bond in the amount of a sum no less than 10 percent of the Bid Price/Sum on AIA

A310 Bid Bond Form, a copy is included in Section 00 43 13 - Bid Bond.

B. Endorse the Bid Bond in the name of the Owner as obligee, signed and sealed by the Contractor as principal and the Surety.

C. Include the cost of Bid security in the Bid Price.

D. After a Bid has been accepted, all securities will be returned to the respective Bidders.

Architect’s Project No. 23•46•16 00 21 13 6

7.2 CONSENT OF SURETY/AGREEMENT TO BOND

A. Submit with the Bid.

7.3 PERFORMANCE ASSURANCE

A. The accepted Bidder will be required to provide a Performance Bond and a Labor & Material Payment Bond as described in Document 00 81 00 - Supplementary Conditions.

Include the cost in the Contract Sum.

7.4 BID FORM REQUIREMENTS

A. Complete all requested information in the Bid Form and Appendices. Submit all bid forms.

B. Refer to Document 00 81 00 - Supplementary Conditions for exclusion of taxes, procedures for tax exempt status.

7.5 FEES FOR CHANGES IN THE WORK

A. Include the fees for overhead and profit on own Work and Work by Subcontractors, identified in Document 00 81 00 Supplementary Conditions.

7.6 BID FORM SIGNATURE

A. The Bid Form shall be signed by the Bidder, as follows:

1. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature.

2. Partnership: Signature in the presence of a witness who will also sign. Insert the word "Partner" under signature.

3. Corporation: Signature of a duly authorized signing officer(s) in their normal signatures. Insert the officer's capacity in which the signing officer acts, under each signature. Affix any adopted corporate seal. If the Bid is signed by officials other than the President and Secretary of the company, or the President/Secretary/Treasurer of the company, a copy of the by-law resolution of the Board of Directors authorizing them to do so, must also be submitted with the Bid Form in the Bid envelope.

4. Joint Venture: Execute the Bid Form in a manner appropriate to such party as described above, similar to the requirements of a Partnership.

7.7 SUBCONTRACTOR LIST AND AGREED UPON AMOUNTS:

A. Per NYS General Municipal Law 101(5) “Each bidder on a public work contract, where the preparation of separate specifications is not required, shall submit with its bid a separate sealed list that names each subcontractor that the bidder will use to perform work on the contract, and the agreed-upon amount to be paid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot water heating, ventilating and air conditioning apparatus and (c) electric wiring and standard illuminating fixtures. After the low bid is announced, the sealed list of subcontractors submitted with such low bid shall be opened and the names of such subcontractors shall be announced, and thereafter any change of subcontractor or agreed-upon amount to be paid to each shall require the approval of the public owner, upon showing presented to the public owner of legitimate construction need for such change, which shall be open to public

Architect’s Project No. 23•46•16 00 21 13 7 inspection. Legitimate construction need shall include, but not be limited to, a change in project specifications, a change in construction material costs, a change to subcontractor status as determined pursuant to paragraph (e) of subdivision two of section two hundred twenty-two of the labor law, or the subcontractor has become otherwise unwilling, unable or unavailable to perform the subcontract. The sealed lists of subcontractors submitted by all other bidders shall be returned to them unopened after the contract award.”

PART 8 OFFER ACCEPTANCE/REJECTION

8.1 DURATION OF OFFER

A. Bids shall remain open to acceptance and shall be irrevocable for a period of forty five

(45) calendar days after the Bid opening date.

8.2 ACCEPTANCE OF OFFER

A. The Owner expressly reserves the right to accept or reject any or all bids submitted in response to this bid solicitation.

B. After acceptance by the Owner, the Architect, on behalf of the Owner, will issue to the successful Bidder a written Bid Acceptance letter of Contract Award.

End of Section

(Bid Document Checklist – Follows this Page) (Request for Clarification of Bid Documents Form Follows this Page)

Architect’s Project No. 23•46•16 00 21 13 8

Bid Document Checklist

Project:

Dome Restoration Project at Gloversville Public Library

The following documents must be included in your sealed bid, or your bid may be disqualified from consideration for award, even if you are the low bid.

Please use this as a checklist to ensure that these documents are included in your bid.

00 41 16 BID FORM

00 43 13 BID BOND

00 43 96 CONTRACTOR’S INTEGRITY CERTIFICATION REGARDING DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY MATTERS

00 43 97 CONTRACTOR’S REQUIREMENT FOR SEXUAL HARRASSMENT WRITTEN POLICY

00 45 19 NON-COLLUSIVE BIDDING CERTIFICATION

00 45 36 NON-DISCRIMINATION AND AFFIRMATIVE ACTION REQUIREMENTS

00 45 45 SUBCONTRACTOR DECLARATION FOR A SINGLE PRIME CONTRACT

If you have any questions regarding these forms or the bid process, please contact Steven Rowland at Butler Rowland Mays Architects (Telephone – (518) 885-1255 ext 204) prior to sealing your bid documents.

Dome Restoration Project at Request for Clarification of Bid Documents Gloversville Public Library 00 21 13 9 Architect’s Project No. 23•46•16

DOCUMENT 00 21 13

REQUEST FOR CLARIFICATION OF BID DOCUMENTS

PROJECT:

Dome Restoration Project at: Date Submitted: ____________________

GLOVERSVILLE PUBLIC LIBRARY

58 East Fulton Street Date Returned: ____________________ Gloversville, NY 12078

ARCHITECT:

BUTLER ROWLAND MAYS ARCHITECTS, LLP

57 West High Street Ballston Spa, NY 12020

DIRECTIONS:

Queries regarding the contents of the Bid Documents shall be directed to the ARCHITECT in writing via email. This Request for Clarification form shall be completed in full, and emailed to rowlands@brmarchitects.com, at the office of the ARCHITECT. This form must be transmitted not less than five (5) business days prior to the date set for receipt of bids. As appropriate, the clarification response may be issued as an Addendum, a copy of which will be forwarded to all known plan holders.

This Request for Clarification form shall be the only acceptable means of directing questions regarding the Bid Documents. This form will be returned with no action unless completed in full. Verbal answers are not binding on any party.

CLARIFICATION REQUEST

SPECIFICATION PAGE No.:__________ PARAGRAPH No.___________

CONTRACT DRAWING No.:______________ DETAIL __________________

QUERY:

CLARIFICATION RESPONSE

TO BE ISSUED AS PART OF ADDENDUM No.: ________________

RESPONSE:

Dome Restoration Project at Information Available to Bidders Gloversville Public Library 00 30 00 - 1 Architect’s Project No. 23•46•16

SECTION 00 30 00

INFORMATION AVAILABLE TO BIDDERS

1.1 DOCUMENTS

A. This project is being funded, in part, by a grant from the Office of Parks, Recreation and Historic Preservation through Title 9 of the NYS Environmental Protection Act of 1993. As such, following this page is documentation required by the State of New York to be included in all contracts. Documents include the following:

1. Notice to Contractors, Subcontractors, Suppliers and Vendors

2. Appendix A (Standard Clauses For New York State Contracts)

3. Attachment A-1 (Agency Specific Terms and Conditions)

4. Attachment A-2 (Program Specific Terms and Conditions)

5. Vendor Responsibility Questionnaire

Notice to Contractors, Subcontractors, Suppliers and Vendors (Revised March 8, 2024) 1 | 1

NOTICE TO CONTRACTORS, SUBCONTRACTORS, SUPPLIERS AND VENDORS

This project is funded in part by a grant from the NYS Office of Parks, Recreation and Historic Preservation through Title

9 of the Environmental Protection Act of 1993. All contracts and subcontracts for the project are subject to the terms of the State of New York Contract for Grants (SNYCG) -- Standard Terms and Conditions, which can be found online at https://grantsmanagement.ny.gov/state-agency-resources, Appendix A (A), Attachment A-1 (A1) and Attachment A-2

(A2), attached hereto. If any other funding sources are involved in the project, the grantee is responsible for compliance with the program requirements for those funding sources.

Note particularly the following requirements:

• The State’s right to review and approve every subcontract in excess of $100,000. SNYCG III (B)(2)

• The requirement that subcontracts contain provisions specifying (1) that work accord with the terms of the State of

New York Contract for Grants, (2) that nothing in the subcontract shall impair the rights of the State under the State of

New York Contract for Grants, and (3) that nothing in the subcontract, nor under the State of New York Contract for

Grants creates any contractual relationship between the subcontractor and the State. SNYCG III (B)(2)

• Contractor’s responsibility to submit vendor responsibility information to the State, including a Vendor Responsibility

Questionnaire for subcontracts that equal or exceed $100,000. SNYCG III (B)(4)

• Non-discrimination requirements A(5) and A1(F)

• Equal Opportunity provisions, including a requirement that the following provisions be included in construction subcontracts in excess of $25,000:

o The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status;

o 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;

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

o 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 o 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. A(12) and A1(F)

• Wages and Hours Provisions A(6)

• New York State business requirement A(20)

• Worker’s Compensation and Disability Benefits Insurance coverage SNYCG III (I) (L), A (4), A1(E) https://grantsmanagement.ny.gov/state-agency-resources

STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Contract Number:# Page 1 of 9, Contract for Grants Appendix A January 2024

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

Page 2 of 9, Contract for Grants Appendix A January 2024

TABLE OF CONTENTS

Page 1 Executory Clause 3 2 Non-Assignment Clause 3 3 Comptroller's Approval 3 4 Workers' Compensation Benefits 3 5 Non-Discrimination Requirements 3-4 6 Wage and Hours Provisions 4 7 Non-Collusive Bidding Certification 4 8 International Boycott Prohibition 4 9 Set-Off Rights 4-5 10 Records 5 11 Identifying Information and Privacy Notification 5 12 Equal Employment Opportunities For Minorities and Women 5-6 13 Conflicting Terms 6 14 Governing Law 6 15 Late Payment 6 16 No Arbitration 6 17 Service of Process 6-7 18 Prohibition on Purchase of Tropical Hardwoods 7 19 MacBride Fair Employment Principles 7 20 Omnibus Procurement Act of 1992 7-8 21 Reciprocity and Sanctions Provisions 8 22 Compliance with Breach Notification and Data Security Laws 8 23 Compliance with Consultant Disclosure Law 8 24 Procurement Lobbying 8 25 Certification of Registration to Collect Sales and Compensating

Use Tax by Certain State Contractors, Affiliates and Subcontractors

26 Iran Divestment Act 9 27 Admissibility of Contract 9

Page 3 of 9, Contract for Grants Appendix A January 2024

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this 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 are 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 contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller'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 any Contractor demonstrates 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 this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law, if this contract exceeds $50,000 (or $75,000 for State University of New York or City University of New York contracts for goods, services, construction and printing, and $150,000 for State University Health Care Facilities) or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services, either for itself or its customer agencies by the Office of General Services Business Services Center, is required when such contracts exceed $85,000. Comptroller's approval of contracts established as centralized contracts through the Office of General Services is required when such contracts exceed $125,000, and when a purchase order or other procurement transaction issued under such centralized contract exceeds $200,000.

4. WORKERS' COMPENSATION BENEFITS.

In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS.

To the extent required by 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 will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. 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 this contract shall be performed within the State

Page 4 of 9, Contract for Grants Appendix A January 2024 of New York, 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 this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, 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 this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. 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 a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION.

In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf.

8. INTERNATIONAL BOYCOTT

PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. 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 this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this 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 the State Comptroller.

January 2024

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records").

The Records must be kept for the balance of the calendar year in which they were made and for six

(6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours 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. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") 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 the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND

PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, 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 payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment.

Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

Contract Number:# Page 5 of 9, Contract for Grants Appendix A

(b) Privacy Notification. (1) 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 principal 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. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The 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.

12. EQUAL EMPLOYMENT OPPORTUNITIES

FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is:

(i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting 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 agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting 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 following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, 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 and will 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, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, 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; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "(a), (b) and (c)" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New

Contract Number:# Page 6 of 9, Contract for Grants Appendix A

York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency 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 contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will 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.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment 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.

16. NO ARBITRATION. Disputes involving this 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.

17. 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. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF

TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation.

Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with the approval of the State.

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law.