IFB 073025RM Term Contracts For Trades.pdf

Term Contract for Trades Information for Bidders

Page 2 of 33 SUNY Procedure 7554 Form 7554-21, July 2023

Term Contract for Trades Information for Bidders

SUNY Oswego July 30, 2025

IFB #073025RM

Page 2 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

Term Contract for Trades

1. Invitation to Bid

2. Instruction to Bidders

3. Labor & Material Calculations

4. General Conditions

5. Attachments

• Exhibit A – Standard Contract Clauses

• Exhibit A-1 – Affirmative Action Clauses

• Attachment A – Bid Form (Form 7554-24)

• Attachment B - Contractor Minimum Qualification Requirements (Form 7554-22)

• Attachment C – Term Contract (Form 7554-23)

FORMS REQUIRED WITH THE BID:

1. Bid Form (Form 7554-24)

2. Contractor Minimum Qualification Requirements (Form 7554-22)

3. Vendor Responsibility Questionnaire- OSC’s Vendrep - Online System or Link to paper forms

4. State Finance Law §§139-j and 139-k Forms

a. Form A - Summary: Policy and Procedure of the State University of New York Relating to State Finance Law §§139-j and 139-k

b. Form B - Affirmation with respect to State Finance Law §§139-j and 139-k

c. Form C - Disclosure and Certification with respect to State Finance Law §§139-j and 139-k

ADDITIONAL FORMS (NOT required with bids)

5. Term Contract (Form 7554-22)

• Exhibit A

• Exhibit A-1

6. Bonds and Certificate of Insurance

a. Form 7554-11 Labor & Materials and Performance Bonds

b. Form 7554-12 Insurance Requirements

7. Minority & Women Owned Business Enterprise Requirements

c. Form 7557-121b – MWBE Prospective Bidders Notice

d. Form 7557-107 - M/WBE Utilization Plan (required within seven days of the bid)

e. The Contractor’s EEO Policy Statement or Form 7557-104 (required within seven days of the bid)

f. Form 7557-108 - M/WBE-EEO Work Plan (required within seven days of the bid)

8. Request for Construction Term Estimate (Form 7554-26)

9. Construction Term Estimate (Form 7554-27)

10. Construction Term Release (Form 7554-28)

11. Construction Term Daily Logs (Form 7554-29) https://www.suny.edu/sunypp/lookup.cfm?lookup_id=909 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=907 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=908 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=909 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=907 http://www.osc.state.ny.us/vendrep/login_vendors.htm https://www.osc.state.ny.us/state-vendors/vendrep/vendor-responsibility-forms http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=126 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=125 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=514 http://www.suny.edu/sunypp/docs/493.pdf https://www.suny.edu/sunypp/lookup.cfm?lookup_id=855 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=618 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=911 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=912 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=913 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=914

Page 3 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

1 INVITATION TO BID

SUNY Oswego invites you to submit a bid for consideration for a term contract for work to be completed on a time and material basis. The intent of this bid is that a contract will be signed with selected contractors to engage and complete specific construction trade related projects each with a value not-to-exceed $100,000. The total contract remuneration will not exceed $1,000,000. Each separate project will be issued based on estimated time and material and is called a “Release”. The contract will be issued for a period of three years. The Campus intends to award a contract to one bidder for each trade.

Qualifications required by Contractors are outlined in the Instruction to Bidders and Attachment B.

Contractors may bid on multiple trades, if qualified.

Separate term contracts will be executed for the following trades:

1. Concrete/Masonry

2. Landscaping/Planting

3. Paving

This contract will be subject to Prevailing Wage. 2024005124

This contract will be subject to Minority and Women Owned Business Goals, as defined in Section 2.11. For the purposes of this solicitation, overall goal of 30% for MWBE participation, 15% for Minority-Owned Business Enterprises (“MBE”) participation and 15% for Women-Owned Business Enterprises (“WBE”) participation (based on the current availability of qualified MBEs and WBEs).

Page 4 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

2. INSTRUCTION TO BIDDERS

2.1 Definitions

All definitions set forth in the Contract are applicable to the Notice to Bidders, Instruction to Bidders, and the Proposal, all of which are hereinafter referred to as the Bidding Documents.

2.2 Pre- Bid Meeting

No pre-bid conference is scheduled. Any questions should be submitted to the authorived contact as an official Request for Information

2.3 Opening of Bids

2.3.1 All bids will be received, opened, evaluated and awarded by the Purchasing Department.

Bids will be opened publicly on Wednesday July 30, 2025 at 2:00pm Sealed bids will be opened with the following information read aloud: names of the contractors, the trade for which they are bidding, and the markup percentages entered on the Bid Form.

2.3.2 If a tie bid should occur the University reserves the right to use one of the following methods to determine the successful bidder. For tie bids between two contractors the University representative shall flip a coin, both affected contractors must be present for the coin toss. For tie bids between three or more contractors the University representative shall pull names from a bowl, hat or other container. The affected contractors must be present for the drawing.

2.4 Method of Award

2.4.1 It is the intent of the University to award the contracts to the lowest responsible bidder in each trade, provided the bid has been submitted in accordance with the requirements of the bid documents.

2.4.2 Bid Evaluation

The bids received will be reviewed and analyzed by the University to meet the minimum qualifications as per Attachment B. All qualified bid(s) will be tabulated based on the lowest bid based. Bids shall be weighted.

Labor 50% Materials 30% Subcontractors 20%

b. Award

The responsible low bidder will be recommended for award only for the trade as indicated in the contract award. Upon approval by the University, a contract will be awarded.

2.4.3 Award

Subject to the rights hereinafter reserved, the contract will be awarded within one hundred twenty (120) calendar days after the opening of bids. Every bid shall be firm and not revocable for a period of one hundred twenty days (120) after the bid opening.

Page 5 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

Subsequent to such one hundred twenty days (120), any bid is subject to withdrawal communicated in writing signed by the bidder.

2.5 Qualification of Bidders

All Prospective bidders are required to complete and submit the forms listed below with their bid.

a. Vendor Responsibility Questionnaire

The University recommends that vendors file the required CCA-2 online via the VendRep. To enroll in and use the VendRep, see the VendRep Instructions at https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire or go directly to the VendRep online at https://esupplier.sfs.ny.gov/psp/fscm/SUPPLIER/?cmd=login. To request assistance, contact the Office of the State Comptroller’s (“OSC”) Help Desk at 866-370-4672 or 518- 408-4672 or by email at ciohelpdesk@osc.state.ny.us.

The paper format CCA-2 and accompanying definitions are available on the OSC website at the following location: http://www.osc.state.ny.us/vendrep/forms_vendor.htm

b. State Finance Law §§139-j and 139-k Forms - from SUNY Procedure Item #7552 “Procurement Lobbying Procedure for State University of New York” (applies >$15,000)

a. Form A - Summary: Policy and Procedure of the State University of New York Relating to State Finance Law §§139-j and 139-k

b. Form B - Affirmation with respect to State Finance Law §§139-j and 139-k

c. Form C - Disclosure and Certification with respect to State Finance Law §§139-j and

139-k

c. Documentation as evidence that the contractor meets the minimum qualifications requirements set forth in Attachment B.

The bidder must be able to prove to the satisfaction of the University that they have the skill and experience, as well as the necessary facilities, financial resources, organizational ability, and general reliability to do the work to be performed under the provisions of the contract in a satisfactory manner. The Contractor will primarily self-perform work assigned under the contract, any sub-contractors must be approved by the University (as stated under Section 4.2.6.6). Bidders must satisfy the “Contractor Minimum Qualification Requirements” as set forth on Attachment B. All minimum qualifications set forth on Attachment B will be evaluated on a “pass/fail” basis. Bidders must submit supporting documentation as evidence of their ability to satisfy each qualification. If any bidder is not able to satisfy any qualification, their bid will be rejected.

2.6 Form and Style of Bids/Proposal

2.6.1 Provide mark-up ONLY for labor, equipment/material and subcontractor costs as provided on the bid form and requirements of the Attachment A.

2.6.2 All “tools of the trade” will be provided by the contractor. Costs associated must be reflected within contractor’s overhead and profit. Refer to General Conditions paragraph 4.4.1 for the https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://www.osc.state.ny.us/state-vendors/vendrep/file-your-vendor-responsibility-questionnaire https://esupplier.sfs.ny.gov/psp/fscm/SUPPLIER/?cmd=login mailto:ciohelpdesk@osc.state.ny.us http://www.osc.state.ny.us/vendrep/forms_vendor.htm http://www.suny.edu/sunypp/lookup.cfm?lookup_id=281 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=282 http://www.suny.edu/sunypp/lookup.cfm?lookup_id=283

Page 6 of 38 SUNY Procedure 7554 Form 7554-21, April 2024 definition of “tool of the trades” vs. Contractor’s owned rental equipment.

2.6.3 Proposals must be submitted in duplicate on the forms provided by the University.

Proposals shall be addressed to the University in a sealed envelope, marked with the name and address of the bidder, marked as TERM CONTRACTS. The trade(s) for which the bidder is submitting must also be clearly marked on the outside of the envelope.

2.6.4 All blank spaces in the Proposal must be filled in and, except as otherwise expressly provided in the Bidding Documents, no change is to be made in the language of the Proposal or in the items mentioned therein.

2.6.5 If the Proposal is made by a corporation, the names and places of residence of the president, secretary, and treasurer shall be given. If by a partnership, the names and places of residence of the partners shall be given.

2.6.6 Bids may be modified, withdrawn or canceled only by written notice received by the University prior to the time of opening of bids designated in the Bidding and Contract Documents. A written notice of modification, withdrawal, or cancellation shall be marked by the bidder with the name and address of the bidder, and upon receipt by the University, shall be sealed in an envelope by a duly authorized employee of the University, who shall sign and note thereon the date and time of receipt and shall thereupon attach said written, notice of modification, withdrawal or cancellation to the envelope submitted by the bidder pursuant to paragraph (2) of this section.

2.6.7 Contract Documents

2.6.7.1 The Contract Documents are complementary and what is called for by any one shall be as binding as if called for by all. The intention of the Documents are to include all materials, plans, equipment, tools, skill, and labor of every kind necessary for the proper execution of the work and also those items which may be reasonably inferable from the Contract Documents as being necessary to produce the intended results.

2.6.7.2 In case of a conflict between any part or parts of the Contract Documents with any other part or parts thereof, as contrasted to an omission or failure to show details or to repeat on any part of the Contract Documents the figures or notes given on another part thereof, the following shall be given preference, in the order hereinafter set forth, to determine what work the Contractor is required to perform: (1) Exhibit A and A-1, (2) Term Contract; (3) Bonds (4) Invitation for Bid; (5) Contractors Bid Form.

2.6.7.3 The specifications and drawings are generally divided into trade sections for the purpose of ready references, but such division is arbitrary and such sections shall not be construed as the prescription by the University of the limits of the work of any subcontractor or as a determination of the class of labor or trade necessary for the

Page 7 of 38 SUNY Procedure 7554 Form 7554-21, April 2024 fabrication, erection, installation or finishing of the work required.

2.7 Addenda & Interpretation of Documents

2.7.1 Prospective bidders shall examine the Bidding and Contract Documents carefully and, before bidding, shall make written request to the University for an interpretation or correction of any ambiguity, inconsistency, or error therein which should be discovered by a reasonably prudent bidder. Such interpretation will be issued in writing by the University as an Addendum, which will be sent by email to each person recorded as having received a copy of the Bidding and Contract Documents from the Campus, and which also will be available at the places where the Bidding and Contract Documents are available for inspection by prospective bidders. Addendum will become a part of the Bidding and Contract Documents and will be binding on all bidders.

2.7.2 Only the written interpretation or correction given by Addendum shall be binding.

Prospective bidders are warned that no employee of the University is authorized to explain or interpret the Bidding and Contract Documents by any other method, and any such explanation or interpretation, if given, must not be relied upon.

2.8 Additional Terms and Conditions

2.8.1 The terms and conditions of the Contract Documents shall apply.

2.8.2 The resulting Contract shall be binding upon its execution by both parties and, if required by New York State law, upon the approval of the Attorney General and the Office of the State Comptroller.

2.8.3 The Contract may be revised at any time upon mutual consent of the parties in writing.

Such written consent will not be effective until signed by both parties and, if required by New York State law, approved by the Attorney General and the Office of the State Comptroller.

2.8.4 The relationship of the Successful Bidder to the University shall be that of independent contractor.

2.8.5 Compliance with the post-employment restrictions of the Ethics in Government Act is required.

2.8.6 The submission of a proposal constitutes a binding offer to perform and provide said services.

2.8.7 The University will not be liable for any costs associated with the preparation, transmittal, or presentation of any proposals or materials submitted in response to this IFB.

2.8.8 Public announcements or news releases regarding this IFB or any subsequent award of a contract must not be made by any Bidder without the prior written approval of SUNY.

2.8.9 The Successful Bidder is responsible for compliance with all applicable rules and regulations pertaining to cities, towns, counties and State where the services are provided, Page 8 of 38 SUNY Procedure 7554 Form 7554-21, April 2024 and all other laws applicable to the performance of the resulting contract. The Successful Offeror shall provide all necessary safeguards for safety and protection as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

2.8.10 The Successful Bidder will be responsible for the work, direction and compensation of its employees, consultants, agents and contractors. Nothing in the resulting Contract or the performance thereof by the Successful Bidder will impose any liability or duty whatsoever on the University including, but not limited to, any liability for taxes, compensation, commissions, Workers' Compensation, disability benefits, Social Security, or other employee benefits for any person or entity.

2.8.11 In addition, the University reserves the right to:

a. Not accept any and all proposals received in response to this IFB, waive requirements or amend this IFB upon notification to all bidders, waive minor irregularities or adjust or correct cost or cost figures with the concurrence of the bidder if mathematical or typographical errors exist.

b. To terminate any resulting contract for: (1) unavailability of funds; (2) cause; (3) convenience; (4) in the event it is found that the certification filed by the Bidder in accordance with State Finance Law §§139-j and 139-k are found to be intentionally false or intentionally incomplete; and if applicable, the Department of Taxation and Finance Contractor Certification Form ST-220CA was false or incomplete. Upon such finding the University may exercise its termination right by providing written notification to the Bidder in accordance with the written notification terms of the contract.

c. Request certified audited financial statements for the past three (3) completed fiscal years and/or other appropriate supplementation including, but not limited to, interim financial statements and credit reports.

d. Contact any or all references.

e. Request clarifications from Bidders for purposes of assuring a full understanding of responsiveness, and further to permit revisions from all Bidders determined to be susceptible to being selected for contract award, prior to award.

f. Advise Bidder of any objectionable employee(s) and/or subcontractor(s) and request their removal from the project. Such removal shall not be reasonably withheld by the Bidder.

g. The right is reserved, if, in the University's judgment, the public interest will be promoted thereby, to reject any or all Proposals, to waive any informality in any Proposal received, or to afford any bidder an opportunity to remedy any deficiency resulting from a minor informality or irregularity.

2.9 Contract

2.9.1 Contract Term

Page 9 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

2.9.1.1 Upon the evaluation, the term contracts(s) will be issued to the qualified low bidder for each trade.

2.9.1.2 The term of the contract(s) is for three (3) years commencing upon final execution of the contract, including approval by the Attorney General and Office of State Comptroller if required.

2.9.1.3 Each contract shall be for the total cumulative dollar value of Releases made during the contract period.

2.9.1.4 The University intends to utilize the contractors who are awarded term contracts.

However, this contract is not exclusive and does not constitute commitment by the University to release a predetermined amount of work under the contract. The University maintains its right to award work to other contractors in accordance with SUNY procurement procedures and NYS laws and regulations.

2.9.2 Release of Individual Projects

The contractor(s) will be presented with a scope of work, specifications, sketches, etc.

describing the work to be accomplished. The contractor will be expected to furnish a detailed/itemized NOT TO EXCEED estimate for the specified project. For any single material item greater than $5,000 in value, the contractor is required to obtain the lowest price by providing a minimum of three (3) quotes from suppliers, which have been approved by the University. Upon evaluation and approval of this estimate by the University, a notification to proceed will be issued, known as a “Release”, and the contractor would be expected to start as per requirements of General Conditions, Item 4.3 Time, Paragraph 4.3.1.

2.10 Use of Service-Disabled Veteran-Owned Business Enterprises in Contract Performance

Article 17-B of New York State Executive Law acknowledges that Service-Disabled Veteran-Owned Businesses (SDVOBs) strongly contribute to the economies of the State and the nation. As defenders of our nation and in recognition of their economic activity in doing business in New York State, the Contractor for the Project and Work defined in this Contract, agrees to, at no additional cost to the University, fully comply and cooperate with the University’s implementation of New York State Executive Law Article 17-B and provide opportunities for SDVOBs in the fulfillment of the requirements of this Contract. SDVOBs can be readily identified on the directory of certified businesses at:

http://www.ogs.ny.gov/Core/docs/CertifiedNYS_SDVOB.pdf.

2.11 Minority and Women-Owned Business Enterprises

2.11.1 Pursuant to New York State Executive Law Article 15-A, the University recognizes its obligation under the law to promote opportunities for maximum feasible participation of certified Minority and Women-Owned Business Enterprises and the employment of minority group members and women in the performance of University contracts.

2.11.2 For purposes of this solicitation, the University hereby establishes the overall goals listed on page three of this solicitation. For additional information please refer to the MWBE

Page 10 of 38 SUNY Procedure 7554 Form 7554-21, April 2024 requirements outlined in the Prospective Bidders Notice (Form 7557-121b) and Exhibit A- 1.

2.11.3 For guidance on how the University will determine a Contractor’s “good faith efforts,” refer to 5 NYCRR §142.8.

2.11.4 Please note the forms identified in the Prospective Bidders Notice (Form 7557-121b) must be submitted within seven days of the bid opening. Required forms include the MWBE- EEO Policy Statement (Form 7557-104 or equivalent), the MWBE Utilization Plan (Form 7557-107) and the EEO Staffing Plan (Form 7557-108).

2.11.5 Upon contract award and prior to contract execution the selected awardee will enter its Statewide Utilization Management Plan (SUMP) and document its good faith efforts to achieve the applicable MWBE participation goals by submitting evidence through the New York State Contract System, which can be viewed at: http://ny.newnycontracts.com, provided however, that the selected awardee may arrange to provide such evidence via a non-electronic method by contacting the SUNY Office of Diversity, Equity, and Inclusion.

2.11.6 Any modifications or changes to the MWBE Utilization Plan after the Contract award and during the term of the Contract must be reported on a revised MWBE Utilization Plan and submitted to the University. The University will review the submitted MWBE Utilization Plan and advise the Bidder of the University’s acceptance or issue a notice of deficiency within 30 days of receipt.

2.11.7 If a notice of deficiency is issued, Awardee agrees that it shall respond to the notice of deficiency within seven (7) business days of receipt by submitting to SUNY [address phone and fax information], a written remedy in response to the notice of deficiency. If the written remedy that is submitted is not timely or is found by SUNY to be inadequate, SUNY shall notify the Awardee and direct the Awardee to submit, within five (5) business days, a request for a partial or total waiver of MWBE participation goals on Form 7557-

114. Failure to file the waiver form in a timely manner may be grounds for disqualification of the bid or proposal.

SUNY may disqualify a Bidder as being non-responsive under the following circumstances:

If a Bidder fails to submit a MWBE Utilization Plan;

If a Bidder fails to submit a written remedy to a notice of deficiency;

If a Bidder fails to submit a request for waiver; or If SUNY determines that the Bidder has failed to document good faith efforts.

2.11.8 Successful contractors will be required to submit to the University the following MWBE Documentation with each individual project that is excess of $25,000:

Form 106 – Contract Breakdown (schedule of values) Form 107 – Utilization Plan (breakdown of MWBE subs) Form 108 – EEO Staffing Plan (breakdown of all workers on project) Form 109 – Affidavit and Verification Form 110 – Monthly EEO Utilization Report (verifies participation) Form 111 – Monthly Compliance Report (verifies MWBE subs paid) https://www.suny.edu/sunypp/lookup.cfm?lookup_id=855 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=615 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=618 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=618 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621

Page 11 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

Form 112 – Quarterly EEO Utilization Report (verifies participation) Form 113 – Quarterly Compliance Report (verifies MWBE subs paid)

2.12 Equal Employment Opportunity Requirements

2.12.1 Pursuant to Article 15 of the Executive Law (the "Human Rights Law"), and all other State and Federal statutory and constitutional non-discrimination provisions, the Bidder will not discriminate against any employee or applicant for employment because of race, creed, color, sex, religion, national origin, military status, sexual orientation, gender identity or expression, age, disability, predisposing genetic characteristics, domestic violence victim status, familial status or marital status. The Bidder 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. The Bidder will state in all solicitations or advertisements for employees that, in the performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

2.12.2 The Bidder will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, if awarded a Contract pursuant to this solicitation, will make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force during its legal engagement with SUNY.

2.12.3 By submission of a bid or proposal in response to this solicitation, the Bidder agrees with all of the terms and conditions of SUNY Exhibit A including Clause 12 - Equal Employment Opportunities for Minorities and Women and acknowledges that, if the Bidder is awarded a Contract, The Contractor is required to ensure that it and any subcontractors awarded a subcontract over $25,000 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, shall undertake or continue 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, equal opportunity shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, termination, and rates of pay or other forms of compensation.

This requirement does not apply to: (i) work, goods, or services unrelated to the Contract;

or (ii) employment outside New York State.

2.12.4 The Bidder further agrees, where applicable, to submit with the bid a staffing plan (Form 7557-108) identifying the anticipated work force to be utilized on the Contract and, if awarded a Contract, will, upon request, submit to SUNY a workforce utilization report identifying the workforce actually utilized on the Contract if known. Forms are available in SUNY Procurement Policies and Procedures Document 7557 online at:

http://www.suny.edu/sunypp/documents.cfm?doc_id=611.

2.12.5 Please Note: Failure to comply with the foregoing requirements may result in a finding of non-responsiveness, non-responsibility and/or a breach of the Contract, leading to the withholding of funds, suspension or termination of the Contract or such other actions or enforcement proceedings as allowed by the Contract.

3 LABOR AND MATERIAL CALCULATIONS

https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 https://www.suny.edu/sunypp/lookup.cfm?lookup_id=621 http://www.suny.edu/sunypp/documents.cfm?doc_id=611

Page 12 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

3.1 Labor

Fair and reasonable costs for labor shall include all wages, required wage supplements and insurance required by law (workers' compensation, social security, disability, unemployment, etc.) paid to or on behalf of foremen, workers and other employees for services performed for the benefit of the University and approved by the University;

Rates to be per current State Prevailing Wage Rates as provided by this document. For any future adjustment The Contractor is required to obtain the prevailing wage rates from State of New York Department of Labor web site (www. labor.state.ny.us).

Note: Any proposed change in the rates, due to change of prevailing wage rates, or state and/or federal taxes and insurances, must be submitted to the University by written notice along with the documents referring the new rates.

3.2 Material, Equipment & Subcontractors

Contractor billing cost to the University for material, third party equipment rentals and subcontractor time and material charges must be the Contractor’s actual cost plus the markup percentages approved on the Bid Form. The costs shall include the costs to be delivered to the project site plus overhead and profit as indicated in the Bid Form. The contractor will be required to furnish the original invoices for the materials, equipment, and subcontractors

3.3 Bonds

The contractor must procure, execute, maintain, and deliver to the University, a Performance Bond and a Labor/Material Bond, in an amount not less than 100% of the total amount of the term contract, both of which bonds shall be in the form prescribed by the University, prior to contract award. Said bonds must be issued by a Surety Company approved by the University and authorized to do business in the State of New York as a Surety.

Attorneys-in-fact who execute said bonds on behalf of the Surety must affix thereto a certified and effectively dated copy of their power of appointment.

4 GENERAL CONDITIONS

4.1 General Provisions

4.1.1 Examination of the Site and Local Conditions

4.1.1.1 The Contractor shall examine the site in order to become acquainted with local conditions.

4.1.1.2 The work shall be done under the coordination, scheduling, and inspection of the University. Any such coordination, scheduling, or inspection by the University shall not relieve the Contractor from its responsibilities specified hereunder.

4.1.1.3 If the Contractor’s work adjoins that of others done after the date of this order, the Contractor shall notify the Facilities Office immediately in writing of any condition, which may affect completion of the work or the cost thereof. Absence of such notification shall constitute an acceptance of the conditions at the site.

Page 13 of 38 SUNY Procedure 7554 Form 7554-21, April 2024

4.1.1.4 By executing the Contract, the Contractor agrees: that it has carefully examined the Contract Documents together with the site of the proposed work as well as its surrounding territory; that it is fully informed regarding all the conditions affecting the work to be done and the labor and materials to be furnished for the completion of the Contract; and that its information has been acquired by personal investigation and research and not in the estimates and records of the University.

4.1.1.5 In the event that the Contractor encounters subsurface physical conditions or other latent physical conditions at the site differing substantially from those shown on or described or indicated in the Contract Documents and which could not have been reasonably anticipated from the aforesaid information made available by the University or from the Contractor's aforesaid inspection and examination of the site, it shall give immediate notice to the University of such conditions before they are disturbed. The University will thereupon promptly investigate the conditions and, if it finds that they do substantially differ from that which should have been reasonably anticipated by the Contractor, it shall make such changes in the Drawings and Specifications as may be necessary and a Change Order shall be issued.

4.2 Contract Administration and Conduct

4.2.1 Supervision: The Contractor shall give its constant personal attention to all the work while it is in progress and shall place the work in charge of a competent and reliable full-time superintendent acceptable to the University who shall have authority to act for the Contractor and who shall be accountable to the University to the extent provided in the Contract.

4.2.2 Employment of Workers

4.2.2.1 The work shall be executed by a professional trades person, in strict conformity with the best standard practice. The site shall be kept free of waste as the work progresses and, on completion, left “broom clean”. In case of a dispute, the University may remove waste at the Contractor’s expense.

4.2.2.2 Unless otherwise specified, all materials furnished by the contractor shall be new and of the most suitable grade of their respective kinds for the application. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials.

4.2.2.3 The Contractor shall be responsible for receiving, unloading, moving, storing, and protecting the materials and equipment delivered to the job site and will perform these functions with contractor’s personnel.

4.2.2.4 In order to comply with the University’s requirement for overall job physical orderliness, the Contractor’s tools, equipment, and materials furnished for or associated with the work shall be so placed and maintained as to permit unobstructed access to the work and to minimize exposure to personal injury or fire loss. Equipment placement and material storage shall be at locations approved by the University.

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4.2.2.5 While on University property, the Contractor’s employees shall confine themselves to areas designated by the University.

4.2.2.6 The Contractor shall ensure there are not excessive noises and/or distractions throughout the Contractor’s work area. The University prohibits the use of radios, music players, etc.

4.2.2.7 The Contractor shall at all times employ competent and suitable workers and equipment which shall be sufficient to prosecute all the work to full completion in the manner and time specified. All workers engaged in specially or skilled work shall have had sufficient experience in such work to properly and satisfactorily perform the same. Should the University deem any employee of the Contractor or any subcontractor incompetent, careless, insubordinate, or otherwise objectionable or whose continued employment on the work is deemed by the University to be contrary to the public interest, it shall so advise the Contractor and the latter shall dismiss or shall cause the subcontractor, if such employee is employed by the latter, to dismiss such employee and such employee shall not again be employed on the campus to be performed under the Contract without obtaining the prior written approval of the University.

4.2.3 Permits: The Contractor shall obtain from the proper authorities, all permits legally required to carry on its work, pay any and all taxes and fees legally required, and shall be responsible for conducting its operations in accordance with the provisions of such permits. Except as otherwise expressly provided in the Contract Documents, all of the work covered by this Contract, which is to be performed on property owned by the State University of New York, is not subject to the building code of any city, county, or other political subdivision of the State of New York. It is, however, subject to the provisions of the New York State Uniform Fire Prevention and Building Code and the applicable Federal and State Health and Labor Laws and Regulations. The building permit for the work shall be issued by the Campus Code Compliance Officer for conspicuous posting by the contractor at the job site.

4.2.4 Separate Contracts

4.2.4.1 The University reserves the right to let other contracts in connection with this work.

The Contractor shall afford other Contractors reasonable cooperation in the execution of their work, and shall properly coordinate its work with theirs.

4.2.4.2 The Contractor agrees that it has and will make no claim for damages against the University by reason of any act or omission to act by any other contractor or party or in connection with the University's acts or omissions to act in connection with such other contractor, but the Contractor shall have a right to recover such damages from the other contractors under a provision similar to the following provision which has been or will be inserted in the Contract with such other contractors.

4.2.4.3 Should any other contractor, having or who shall hereafter have a contract with the University relating to the Project or in connection with the work on sites adjoining or adjacent to that on which the work covered by this Contract is to be performed, sustain any damage, during the progress of the work hereunder, through any act or omission of the Contractor, the Contractor agrees to reimburse such other contractor

Page 15 of 38 SUNY Procedure 7554 Form 7554-21, April 2024 for all such damages and it further agrees to indemnify and save harmless the University and the State of New York from all claims for such damages.

4.2.4.4 If the proper and accurate performance of the work covered by the Contract depends upon the proper performance and execution of work not included herein or depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the University, any defects in such work that render it unsuitable for proper execution and results. Its failure to so inspect and report, shall constitute an acceptance of the other contractor's work as fit and proper for the execution of the work covered by the Contract, except as to latent defects which may be discovered thereafter.

4.2.5 Independent Contractor: The employees, methods, equipment, and facilities used by the Contractor shall at all times be under its exclusive direction and control. Contractor’s relationship to the University under this Contract shall be that of an independent contractor, and nothing in this Contract shall be construed to constitute Contractor, or any of its employees or officers, an agent, associate, joint venture, or partner of the University.

4.2.6 Subcontractors

4.2.6.1 All subcontractors must be approved by the University. The University uses the following criteria to determine qualifications for a contractor listed as a subcontractor for any Releases issued against this contract: A) The subcontractor regularly employs and continually maintains on his payroll, skilled craftsmen in the trade.

These skilled craftsmen shall be registered in the trade when such registration is required. B) The subcontractor owns the tools and equipment normally associated with the trade. C) The subcontractor has previously performed in the trade on projects similar in scope, size, complexity, and cost to the Release.

4.2.6.2 The prime contractor of the term contract will be responsible for the actions of any subcontractors. All billing of the subcontractors will be routed through the prime contractor for payment. The subcontractor will be expected to follow the terms and conditions as outlined in this document.

4.2.6.3 No subcontractor shall be permitted to work at the site until it has furnished satisfactory evidence of the insurance required to the Contractor.

4.2.6.4 Within ten (10) working days after the Contractor receives payment from the University on account of a progress payment application for the percentage of the work done, it shall pay each of its subcontractors the sum contained in said payment for the percentage of said subcontractor's work, less the same amount retained therefrom by the University under the terms of the Contract Documents or in consequence of any legal proceedings or statutory liens, and less any amounts due the Contractor under the subcontract for work not performed or not properly or timely performed by the subcontractor

4.2.6.5 The Contractor shall execute with each of its subcontractors and shall require all subcontractors to execute with their sub-subcontractors a written agreement that shall bind the latter to the terms and provisions of this Contract insofar as such terms and provisions are applicable to the work to be performed by such subcontractors.

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4.2.6.6 Contractor shall not subcontract work hereunder without prior written consent of the University.

4.2.7 Substitutions

4.2.7.1 The words "similar and equal to”, "or equal", "equivalent", and such other words of similar content and meaning shall, for the purposes of this Contract, be deemed to mean similar and equivalent to one of the named products.

4.2.7.2 The Contractor shall have and make no claim for an extension of time or for damages by reason of the time taken by the University in considering a product proposed by the Contractor or by reason of the failure of the University to approve a product proposed by the Contractor.

4.2.8 Guarantees

4.2.8.1 The Contractor, at the convenience of the University, shall remove, replace and/or repair at its own cost and expense any defects in workmanship, materials, ratings, capacities or characteristics occurring in or to the work covered by the Contract within one (1) year or within such longer period as may otherwise be provided in the Contract, the period of such guarantee to commence with the University's final acceptance of all work covered under the Contract or at such other date or dates as the University may specify prior to that time, and the Contractor, upon demand, shall pay for all damage to all other work resulting from such defects and all expenses necessary to remove, replace and/or repair such other work which may be damaged in removing, replacing or repairing the said defects. The obligations of the Contractor under the provisions of this paragraph or any other guarantee provisions of the Contract Documents are not limited to the monies retained by the University under the Contract.

4.2.8.2 Unless such removal, replacement and/or repair shall be performed by the Contractor within ten (10) working days after it receives written notice from the University specifying such defect, or if such defect is of such a nature that it cannot be completely removed, repaired and/or replaced within said ten (10) day period and the Contractor shall not have diligently commenced removing, repairing and/or replacing such defect within said ten (10) day period and shall not thereafter with reasonable diligence and in good faith proceed to do such work, the University may employ such other person, firm, or corporation as it may choose to perform such removal, replacement and/or repair and the Contractor agrees, upon demand, to pay to the University all amounts which it expends for such work.

4.2.9 Default of Contractor: In the event that either party hereto shall default in the substantial performance of any material obligation specified herein the non-defaulting party shall notify the other party in writing (subject to the provisions of the Safety and Health and and Hazard Articles herein) and, if such default is not remedied within fifteen (15) days from date of such notice, then the non-defaulting party shall have the right to terminate this Contract immediately. If, in the University’s sole opinion, such default may result in substantial property damage, injury, accident, or death, the University may, at any time, immediately suspend this Contract without penalty or damages. Termination under this provision or under any other provision of this Contract shall not relieve or release either party hereto

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4.2.10 Termination for Convenience

4.2.10.1 The University may terminate this Contract at any time on thirty (30) days prior written notice without cause or liability, except for obligations or liabilities due for services rendered prior to the effective date of termination.

4.2.10.2 If Contractor should refuse or fail to supply sufficient quantity of properly skilled personnel, or if it should fail to make prompt payment to subcontractor or material men for labor and material used hereunder, or it should disregard or be in violation of any laws, ordinances, or governmental regulations, or it should otherwise violate any of the provisions of this Contract, or if the University, in good faith, determine that any of its material or equipment used hereunder is in danger of destruction, damage, or mishandling, or that the University’s title thereto is in jeopardy, or that Contractor’s credit or financial position is impaired, then the University may, without prejudice to any other right and remedy, terminate or suspend this Contract, without liability, on written notice, take possession of all the University materials and equipment, and finish or engage a third party to finish the work by whatever means the University deems expedient. In such event, the Contractor shall receive no further payments hereunder until the work is finished, at which time Contractor will be reimbursed for costs and expenses incurred prior to termination less any costs and expenses to the University arising from such termination which the University would have incurred absent such termination.

Termination under this provision or under any other provision of this Contract shall not relieve or release either party hereto from any rights, liabilities, or obligations, which it has accrued prior to the date of such termination.

4.2.10.3 The University reserves the right to terminate this contract in the event it is found that the certification filed by the Contractor in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, the University may exercise its termination right by providing written notification to the Contractor/Consultant in accordance with the written notification terms of this contract.

4.2.11 Records, Inspections & Testing

4.2.11.1 All materials and workmanship shall be subject to inspection, examination, and testing by the University at all times during the performance of the work and at all places where the work is carried on. Except as otherwise herein specified, the University shall pay for the cost of inspection, examination and testing by the University. If, however, the tests and any attendant re-inspection or re-examination prove that the materials and/or work tested do not meet the requirements of the Contract, then the entire cost of such tests is to be borne by the Contractor. The University will have the right to reject defective material and workmanship furnished by the Contractor or requires its correction. The Contractor, without charge therefor, shall satisfactorily and promptly correct all rejected work and replace all rejected material with proper material.

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4.2.11.2 The Contractor shall promptly segregate and remove from the site of the work all rejected material and work. If the Contractor shall fail to proceed at once with the replacing of rejected material and/or correction of defective workmanship, the University may, by contract or otherwise, replace such material and/or correct such workmanship, and charge the costs thereof to the Contractor and/or it may cancel the Contract and terminate the Contractor's employment as provided in the Contract.

4.2.11.3 The Contractor, without additional charge therefor, shall promptly furnish all reasonable facilities, labor, and materials necessary for the safe and convenient inspection and testing that may be required by the University.

4.2.11.4 If the Contract Documents or the applicable laws, ordinances or regulations of any governmental authority require any part of the work covered by the Contract to be specially tested or inspected, the Contractor shall give the University timely notice of its readiness for such testing or inspection or, if the same is to be performed by a governmental authority, of the date fixed therefor. If any such work, without the written permission of the University, should be covered up prior to such testing or inspection, the Contractor, at its sole cost and expense, must, if directed by the University, uncover the same for testing or inspection and reconstruct the same after the tests or inspection are conducted. All certificates of inspection or testing, involving the Contractor's work, required to be obtained from governmental authorities are to be secured by the Contractor at its sole cost and expense.

4.2.11.5 Should it be considered necessary or advisable by the University at any time before final acceptance of the entire work to make an examination of work already completed by removing or tearing out same, the Contractor, upon request, shall furnish all necessary facilities, labor, and material to perform such examination. If the work subject to such examination is found to be defective or nonconforming in any manner due to the fault of the Contractor or any of its subcontractors, such uncovering or destruction and necessary reconstruction, even though such includes work not covered in the Contract, shall be at the expense of the Contractor.