South Creek Pool House_Bid Book_08.26.2026-Stamped.pdf

BID DOCUMENTS 8/26/2026

South Creek Park | Pool House EPF 247584 (Thompson-South Creek Pool House Project)

OPRHP-C247584GM

Town of Evans William Smith, Director of Planning and Community Development Town of Evans 8787 Erie Road Angola, NY 14006

August 26, 2026

Prime Consultant Fisher Associates 180 Charlotte St Rochester, NY 14607

South Creek Park – Pool House Bid Documents August 26, 2026 © Fisher Associates

TABLE OF CONTENTS TOC - 1

TOC – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

000001 Notice to Bidders 000002 Bid Forms 000003 Procurement Forms 000004 Permits

Appendix A – NYSOPRHP Supplemental Bidding Requirements

DIVISION 01 – GENERAL REQUIREMENTS

011000 Summary 012200 Unit Prices 012300 Alternates 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017329 Cutting and Patching 017700 Closeout Procedures 017839 Project Record Documents

Bid Documents August 26, 2026 © Fisher Associates

NOTICE TO BIDDERS 000001

Notice to Bidders

The Town of Evans is requesting sealed bids for the South Creek Pool House Project. Sealed bids will be received at the Town of Evans Planning & Development, at the office of the Evans Town Clerk, 8787 Erie Road, Angola, NY 4006, until 2:00 p.m. local time on September 23rd, 2026, at which time the Bids received will be opened and read aloud. Label the outside of the envelope, with name and address of the bidder and designated as bid for the project titled above.

The project consists of removal of existing pool house and site elements, construction of new pool house, installation of concrete sidewalk, plaza, fencing, play feature, limestone block walls, plantings, site furnishings, and renovation of maintenance building exterior.

Printed copies of the Bidding Documents may be obtained in person at Evans Town Clerk, 8787 Erie Road, Angola, NY 4006 upon receipt of nonrefundable payment of $75.00 check Payable to “Town of Evans” for each set. Contact Town Clerk, Lynn Krajacic, (lkrajacic@townofevans.org, 716-549- 5755) at the Town of Evans to schedule a time to pick up the Bidding documents. Requests for mailing Bidding Documents will not be accommodated at this time. Electronic copies of the Bidding Documents may be obtained, free of charge, on the Town website https://townofevansny.gov/~documents/code-enforcement/bids/, beginning August 26th, 2026.

Pre-Bid Site Walkthrough: An optional pre-bid site walkthrough will occur Tuesday, September 1st at 3:00pm

Questions: Questions on this solicitation (including Requests For additional Information) must be submitted in writing and provided to the consultant no later than September 8th at 3:00pm. Requests received thereafter will not be addressed. Any questions or comments regarding this solicitation may be directed to the contact listed below. Contact with any other person at the Town of Evans regarding this solicitation is prohibited by law.

Questions shall be directed to:

James Fruechtl, RLA, Senior Project Manager Fisher Associates jfruechtl@fisherassoc.com

Form of Bid: Bids must be submitted upon the proposal form(s) furnished in the Proposal Booklet, and must not be detached from the booklet. Addendum pages, if issued, shall be stapled to the original pages and submitted as required attached to the original bid form.

Owner’s Rights: The Town of Evans reserves the right to waive any informalities, or reject any or all bids, or to make any contract which it deems to be in the best interest of the Town of Evans or the State.

Bid Withdrawal: No bidder may withdraw his bid within thirty (30) days after actual opening thereof.

Bid Documents August 26, 2026

NOTICE TO BIDDERS 000001

Prevailing Wages: Prevailing wage provisions will apply.

Project Duration:

Bidders shall propose the anticipated Final Construction Completion Date. Contract duration is to Final Completion Date. The Contractor shall undertake project efforts and required correspondence in earnest and with diligence to meet the schedule and maintain progress despite adverse seasonal weather conditions.

Qualifications:

The contract will be awarded to the lowest responsible bidder that meets the minimum qualifications.

The low bidder shall demonstrate its responsibility to perform and complete all required work by submitting a statement of its experience and of any subcontractors which the low bidder intends to use to perform the work. The low bidder shall include his plan or program for providing sufficient labor and equipment to perform the project as detailed by the project documents, within the allotted time frame and sequencing for the project. Low bidder is encouraged to employ local labor.

The low bidder must demonstrate a minimum of five (5) years of experience and the completion of five

(5) projects of similar scope and value. The work history shall also demonstrate project experience under accelerated work schedules, completion of work under critical deadlines and projects where site work was performed in adverse winter weather conditions. Additional qualification requirements and certifications as required by the individual technical specifications must be met by either the Prime Contractor or a qualified Subcontractor.

The prime Contractor shall obtain bid and performance bonds directly from a surety company or a domestic carrier licensed to do business in the State of New York in the amount of not less than five percent (5%) of the amount of the bid submitted. The Prime Contractor and/or subcontractor(s) must demonstrate the experience level for the various work elements included in the bid documents.

Town of Evans may require the low bidder to further demonstrate its responsibility to perform and complete the work by submitting additional information regarding the low bidder’s experience, obtaining labor/work force and financial resources. The prime Contractor shall demonstrate that they have the financial resources to perform the work. If requested by Town of Evans, additional information must be submitted by the low bidder within seven (7) calendar days of the request. All information pertaining to the bidder’s financial resources shall be submitted by a Certified Public Accountant.

Other:

Contractor’s performing project work must be duly licensed in the State of New York and by other entities governing the work. Contractor’s bid is to also include an acknowledgement that the Contractor (and their subcontractors and suppliers), are licensed by governing agencies of jurisdiction as required to complete the work and possess the requisite capabilities required by the Contract Documents including specific qualifications identified therein.

Bid Documents August 26, 2026

Contractor is responsible to ascertain, obtain and pay all costs for any additional licensing and permits needed to perform the work.

Contractor shall comply with NYSOPRHP contract reporting requirements and payment request requirements.

All respondents to this procurement will be required to comply with NYSOPRHP and Town of Evans form of agreement and insurance requirements.

EEO Language:

The Town of Evans has been and will continue to be an equal opportunity organization. All qualified Minority and Women-Owned Business Enterprise

(MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status.

Funding Credit/MWBE Language:

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. Under Article 15A, Executive Law, the State of New York is committed to providing Minority and Women Owned Business (MWBE) equal opportunity to participate in government contracts. Though there are no required goals for MWBE participation in this grant funded project, the successful bidder will be required to make a Good Faith Effort in the utilization of MWBE's and furnish reports showing the participation of various business enterprises of subcontractors and suppliers on the contract.

Town of Evans reserves the right to:

Amend, modify or withdraw this solicitation;

Revise any requirement of this solicitation;

Require supplemental statements or information from any responsible party;

Accept or reject any or all responses hereto;

Extend the deadline for submission of responses hereto;

Negotiate or hold discussions with any firm and to correct deficient responses which do not conform to the instructions contained herein;

Cancel, or reissue in whole or in part, this solicitation, if Town of Evans determines in its sole discretion that it is its best interest to do so; and

Extend the term of any agreement on terms consistent with this procurement.

Other requirements applicable to the contract(s) are described in detail in the bid specifications.

Bid Documents August 26, 2026

Owner: Town of Evans By: William Smith Title: Town Supervisor Date: 8/19/2026

Bid Documents August 26, 2026

BIDDER:

BID FORM 000002

BID FORM

Bid to: Town of Evans

8787 Erie Road, Angola, NY 14006

Bid for: South Creek Pool Bath House Project

Bid From: Name:

Address:

Phone:

Email:

PROPOSAL

We have examined and fully understand the requirements and intent of the Bidding and Contract Documents and all subsequent addenda as listed below, and propose to provide all materials, and all plants, labor, supplies, equipment, transportation and other facilities necessary or proper for, or incidental to the Work, to complete all Work in strict accord with the contract documents and as assigned in the Special Conditions for the Total Lump Sum Base Bid calculated below:

Total Lump Sum Base Bid Contract $

Total Lump Sum Base Bid in Words:

ADDENDA

Addenda Received:

Addendum Number Date

Bid Documents August 26, 2026

UNIT PRICES

Unit Price No. 1: New Pool House $ /LS

Unit Price No. 2: Exterior Renovations of Maintenance Building $ /LS

Unit Price No. 3: Site Improvements $ /LS

ALTERNATES

Alternate No. 1: Limestone Boulder Walls $ /LS

Alternate No. 2: Stone Dust Pathway $ /LS

Alternate No. 3: Additional Plantings $ /LS

Alternate No. 4: Site Furnishings $ /LS

Bid Documents August 26, 2026

ADDITIONAL MANDATORY BID FORMS

We have enclosed with this proposal, the following mandatory Bid Forms, fully executed:

1. Contractor Qualifications Statement

2. Substitution Sheet

We have used no substitutions except as listed in the Substitution Sheet. We affirm that we (and our subcontractors and suppliers) are licensed by governing agencies of jurisdiction to complete the work and possess the requisite capabilities required by the Contract Documents including specific qualifications identified therein, SIGNATURE:

Firm:

By:

(Signature)

Title:

Date:

Bid Documents August 26, 2026

ATTACHMENT # 1: CONTRACTOR QUALIFICATIONS STATEMENT

Instructions: Please include all requested information. For a Bid to be declared responsive, the contractor must complete all sections of the Contractor Qualifications Statement; all sections of this Contractor Qualifications Statement are mandatory. The content of the Contractor Qualifications Statement submittal shall follow the order presented below and shall include identical headings and questions as presented below. The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. All responses, except signatures, must be typed.

Note the term “you” or “your” and “your firm” indicates the Individual, Corporation, Partnership, Joint Venture (JV) or other entity responding herein.

SECTION 1: GENERAL RESPONDENT INFORMATION

Name of Contractor:

Address of Principal Office:

Is the responding firm an Individual, Corporation, Partnership, Joint Venture (JV) or Other? If “Other”, please specify.

Contact Information Principal/Owner:

Name:

Address:

Telephone (1):

Telephone (2):

Email:

Contact Information for Project Manager/Superintendent who will be directly managing the project:

Name:

Address:

Telephone (1):

Telephone (2):

Bid Documents August 26, 2026

Contact Information for individual responsible for preparation of the Bid:

Name:

Address:

Telephone (1):

Telephone (2):

Bid Documents August 26, 2026

SECTION 2: EXPERIENCE AND BACKGROUND OF THE ORGANIZATION

If your organization is a partnership, list names and address of partners; if a Corporation, list name of officers, directors and State or Province of Incorporation.

How many years has your organization been in business as a Contractor under your present business name?

Do you presently have any outstanding subcontractor/supplier liens filed against you? Yes/ No

If yes, explain:

Maximum Bonding Capacity:

Name and Address of Surety:

How many years has your organization had in construction work similar to the work specified as a:

General Contractor? Subcontractor?

Bid Documents August 26, 2026

List several projects your organization has completed during the last five (5) years that are similar to the specified work. Project experience should relate to accelerated work schedules, completion of projects under critical deadlines and projects where site work was performed in adverse winter weather conditions. The work listed shall have been completed under the supervision of the individuals included in Section 1 of this questionnaire (Individuals directly responsible for work under this project): Add additional sheets if necessary:

Client

Principal Contact Telephone

Location of Work

Your organization’s role in this work

Type of Project and Brief Description

Contract Date Final Acceptance Date

Value of Work Performed $

Client

Principal Contact Telephone

Location of Work

Bid Documents August 26, 2026

Client

Principal Contact Telephone

Location of Work

Client

Principal Contact Telephone

Location of Work

Bid Documents August 26, 2026

Will your organization complete at least 50% of the work with in-house staff and/or labor forces?

Yes / No

Do you intend to use sub-contractors any portions of the work? Yes / No

If so which portions?

SECTION 3: SAFETY RECORD OF THE ORGANIZATION

Has your organization been cited for any safety violations within the last 5 years? Yes / No

If yes, list the year, citing agency citing, and brief description of each violation:

Bid Documents August 26, 2026

ATTACHMENT #2: SUBSTITUTIONS

The following materials, products or equipment are proposed as substitutions for specified items indicated. Required backup data will be submitted within 3 working days of receipt of request for same. We agree to abide by the architect's decision as to acceptability of the proposed substitutions.

1. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

2. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

3. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

4. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

5. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

ADD SHEETS AS NECESSARY

Bid Documents August 26, 2026

PROCUREMENT FORM 000003

Sexual Harassment Prevention Certification Form

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

Company Name:

Signature:

Print Name and Title:

Date: _____________________________

If the above certification cannot be made, the bidder must submit a signed statement below detailing the reasons why the certification cannot be made.

Company Name:

Signature:

Print Name and Title:

Date: _____________________________

Bid Documents August 26, 2026

NON-COLLUSIVE BIDDING CERTIFICATE

ALL BIDDERS MUST RETURN THIS CERTIFICATION WITH THEIR BID

The bidder hereby agrees to the provisions of Section 103-a and 103-b of the General Municipal Law regarding the consequences of his/her refusal to sign a Waiver of Immunity or to answer any relevant questions when called before a Grand Jury to testify.

By submission of this bid, the person signing on behalf of the bidder certifies, and in the case of a joint bid, each party certifies as to its organization, under penalty of perjury, that to the best of his/her knowledge and belief:

1) That the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purposes of restricting competition, as to any manner relating to such prices with any other bidder or competitor.

2) Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by the bidder and will not be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor.

3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Company Name _________________________________________________

Address ________________________________________________

Website _________________________________________________

Email Address _________________________________________________

Submitted By _________________________________________________ (Print name) (Signature)

Phone Number ______________________ FAX Number _____________ Date: ______________________ Fed ID# ______________ (Please Attach W-9)

Bid Documents August 26, 2026

This proposal is signed by the bidder with full knowledge and acceptance of all the provisions of the general specifications, the proposal and the group specification.

Bid Documents August 26, 2026

PERMITS 000004

The following permits will be enforced for the life of this contract:

A copy of the Town of Evans Building Permit will be provided A copy of the NYSDEC SPDES Permit will be provided

Bid Documents August 26, 2026

APPENDIX A

APPENDIX A

NYSOPRHP

Supplemental Bidding Requirements

Kathy Hochul Governor

Kathy Moser Acting Commissioner

BIDDING REQUIREMENTS

Program Information – Required OPRHP bid language

NOTICE: Contractors, Subcontractors, Suppliers & Vendors Attachment A-1 – Agency Specific Terms and Conditions Attachment A-2 – Program Specific Terms and Conditions

Legal Notice for Bidders Required Language and/or Statements

Required Forms to be submitted with bid

Non-Collusive Bidding Certification to be submitted within seven days of award notification

Equal Employment Opportunity Policy Statement Contractor’s Solicitation Log (MWBE tracking)

Sample Vendor Responsibility Questionnaire For information only. Must be submitted after award notification for contracts that equal or exceed $100,000. VRQ can be completed Online, and verification page must be submitted prior to executing contract.

Vendor Responsibility Questionnaire For-Profit Construction

Notice to Contractors, Subcontractors, Suppliers and Vendors (Revised March 5, 2025) 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)

• NEW Effective December 30, 2024. Department of Labor Public Work Contractor and Subcontractor Registry A1 (O) https://grantsmanagement.ny.gov/state-agency-resources

Page 1 of 3 – Attachment A-1 – Agency Specific Terms and Conditions 03/2025

ATTACHMENT A-1

AGENCY SPECIFIC TERMS AND CONDITIONS

A. Notice. For purposes of notice as contained in this State of New York Contract for Grants (Contract), Standard Terms and Conditions, Section I(G):

1. The State’s designee shall be the STATE AGENCY identified on the Face Page. Document submission and inquiries should be directed to the designated STATE AGENCY representative.

2. The Contractor’s designee shall be the CONTRACTOR NAME at the CONTRACTOR PRIMARY

MAILING ADDRESS, as identified on the Face Page.

B. Payment shall be made to the NYS Vendor ID Number at the CONTRACTOR PAYMENT ADDRESS identified on the Face Page.

C. Changes to Budget and Program Work Plan. Changes shall not be made in the work described in

Attachment C (Work Plan) or the proposed expenditure of funds as shown in Attachment B (Budget), without the prior written approval of the State. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes in the Work Plan or Budget that are substantive or alter the scope, intent or basic elements of the contract, if agreed to by the State, will be implemented by an amendment that may require approval and filing with the New York

Attorney General Contract Approval Unit (AG) and the Office of the State Comptroller (OSC or State

Comptroller), per Section I(D) of this Contract.

D. It is the Contractor’s responsibility, pursuant to Sections 57 and 220 (8) of the Workers' Compensation

Law, to maintain for State audit and review either proof that they have Workers' Compensation and

Disability Benefits Insurance coverage for any employees, or proof of exemption from the New York

State Workers’ Compensation Board. The Contractor must also obtain from any contractor or subcontractor hired to provide a service pursuant to this Contract, similar proof or waivers from the contractor or subcontractor, and must maintain such documentation on file for audit.

E. Non-Discrimination:

1. If the project involves development or acquisition of public facilities, the Contractor shall not limit access or discriminate in the operation of the facilities on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status.

2. The Contractor agrees to comply with all applicable Federal, State, and local Civil Rights and Human

Rights laws with reference to equal employment opportunities and the provisions of service.

F. Termination. In addition to the options available to the State in the Contract, in the event the Contractor fails to comply with its terms and conditions regarding completion of the project, the State at its option may require the Contractor to bring the project to a point of educational/interpretive, historical, recreational or conservation usefulness as determined by the State.

G. Documents submitted to the State may be subject to disclosure under the Freedom of Information Law.

H. Non-Sectarian Purposes. The Contractor agrees that funds made available as shown in Attachment B will only be used to achieve the intended public benefit and will not be used for any sectarian purposes.

I. Archeology. In the event of any unanticipated archeological discoveries, the Contractor shall stop all work and notify the State immediately. Work shall not resume until the State determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains.

Page 2 of 3 – Attachment A-1 – Agency Specific Terms and Conditions 03/2025

J. Preservation of Historic Properties. It is the public policy and in the public interest of the State to preserve New York’s historical, archeological, architectural and cultural heritage. All activities under this

Contract shall be reviewed under either Section 106 of the National Historic Preservation Act or Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law to ensure that adverse effects or impacts on significant properties are avoided or mitigated. Any work that affects historic properties shall conform to The Secretary of the Interior's Standards for the Treatment of Historic Properties 1995, The

Secretary of the Interior's Standards and Guidelines for Archeological Documentation or any other applicable

Secretary of the Interior's Standards (collectively referenced as STANDARDS), which are available from the

State.

K. Post-Completion Requirements. Where the project involves acquisition of equipment or acquisition of or improvement of real property, the Contractor shall be responsible for maintaining and operating the equipment, property, and/or improvements; providing public access; maintaining public signage related to the project; and seeking any required State approvals. The State shall have the right and responsibility to inspect the project and property for compliance.

L. Construction Requirements. If the Project described in this Contract includes construction, the following shall apply:

1. Contract plans, specifications, and cost estimates shall be submitted to the State for review prior to the letting of any construction contract by the Contractor. The State shall verify that the plans, specifications and cost estimates are in conformance with the work described in Attachment B and shall so notify the Contractor in writing; the State shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. All plans and specifications as reviewed shall become part of this Contract, and no change or revision may be made to such plans and specifications without the express written consent of the State.

2. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS Appendix A to 41 CFR part

101 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG Appendix A to 28

CFR part 36) and the New York State Uniform Fire Prevention and Building (I) (Code (parts 1219

1228 of Title 19 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply.

3. It is the Contractor’s responsibility to assure that all work on the project complies with the State

Environmental Quality Review Act, receives all required permits in advance, and complies with all applicable Federal, State and/or local laws including, but not limited to, zoning ordinances and building codes.

M. At the discretion of the State, an Agreed Upon Procedure Review may be required of the grant performed by a representative of the STATE or a certified public accountant procured by the STATE or the CONTRACTOR currently licensed by the NYS Board of Public Accountancy, in accordance with attestation standards established by the American Institute of Certified Public Accountants and in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America to the satisfaction of the STATE.

N. The State may make periodic inspections of the project both during its implementation and after its completion to assure compliance with this Contract. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work and provide for such access and inspection by the State in all construction contracts relating to the project.

O. Department of Labor Public Work Contractor Registry. Effective December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the

Page 3 of 3 – Attachment A-1 – Agency Specific Terms and Conditions 03/2025

New York State Department of Labor under Labor Law Section 220-i. Private projects subject to

Article 8 of the Labor Law include those covered by Labor Law Sections 224-a (public subsidy funded projects), 224-d (renewable energy systems), 224-e (broadband projects), 224-f (climate risk-related and energy transition projects, and roadway excavations). A Certificate of Registration with a unique registration number will be issued to the applicant electronically through the Contractor

Registry portal. A digital copy of the certificate must be submitted with bid submission or bidder may be found to be non-responsive. Contractors are responsible for verifying that any subcontractors they work with are registered. Please refer to this website for information:

https://dol.ny.gov/contractor-and-subcontractor-landing. The registration login page is found here: Log In - Management System for Protecting Workers’ Rights.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdol.ny.gov%2Fcontractor-and-subcontractor-landing&data=05%7C02%7CBeatrice.Gamache%40parks.ny.gov%7C6b1cefb2732b4e28c2ca08dd5b7660c4%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638767286583289806%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=DuNSK5ya8Ogt%2Boq00dYvOjyCEA0QxMwKJMzzWsc11f8%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmpwr-public.labor.ny.gov%2Fen%2Flogin&data=05%7C02%7CBeatrice.Gamache%40parks.ny.gov%7C6b1cefb2732b4e28c2ca08dd5b7660c4%7Cf46cb8ea79004d108ceb80e8c1c81ee7%7C0%7C0%7C638767286583314892%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=%2FN0xAhfePsU7GMB7j1W6moI7F1eBB%2FfpIQjYWu2wOgc%3D&reserved=0

Page 1 of 2, Attachment A-2 – Program Specific Terms and Conditions 02/2024

ATTACHMENT A-2

PROGRAM SPECIFIC TERMS AND CONDITIONS

ENVIRONMENTAL PROTECTION FUND

A. Funding for this project is provided pursuant to the terms of the Environmental Protection Act, Title 9 of Article 54 of the Environmental Conservation Law and governed by the Rules and Regulations set forth in 9 NYCRR Sections 439-443.

B. Procurement: All goods and services required for this project must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against nepotism, favoritism, improvidence, extravagance, fraud and corruption.

1. If the Contractor is subject to General Municipal Law, documentation of the Contractor’s compliance with the procurement and bidding requirements of General Municipal Law shall be included with the applicable request for reimbursement.

2. If the total amount of the goods or services is less than the dollar threshold for competitive bidding, as outlined in section 103 of General Municipal Law, or if the Contractor is not subject to General Municipal Law, the Contractor must follow procurement procedures designed to achieve the purpose of this clause. Such procedures may include, but are not limited to, competitive bidding, the solicitation of three price quotes, written requests for proposals, etc. When submitting a request for reimbursement, the Contractor must include a copy of the organizational procurement policy applicable to the relevant expenditures and/or documentation of the specific procurement process used for those expenditures.

C. Retroactive funding. Notwithstanding the provisions of Section A (2) of the Attachment D: Payment and

Reporting of this State of New York Contract for Grants (“Contract”), program regulations set forth in 9 NYCRR 440.5 (Project sponsor's match) permit retroactive reimbursement of certain expenses, when those expenses are included in the project Budget.

D. Project Sign. At the commencement of the work described in the Work Plan, the Contractor shall erect a sign at the project site noting the State's assistance to the project. The project sign specifications and term length for this requirement are set forth in Attachment E (Special Conditions and Requirements).

E. Public Benefit Requirements.

1. In order to ensure a public benefit accrues from an acquisition, development or construction project that is being funded the Contractor shall:

a. Afford the public reasonable access to or use of the project as specified by the State;

b. Include a provision that no rule or regulation of a municipality shall restrict the use of, or access to, a project by non-residents of the municipality;

c. Not impose a fee for use of or access to the project without the prior written approval of the State;

d. Own or hold by lease or maintain and operate the project as specified by the State;

e. Not allow operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, license or other arrangement without first obtaining the written approval of the State;

Page 2 of 2, Attachment A-2 – Program Specific Terms and Conditions 02/2024

f. Not alter, demolish, sell, lease or otherwise convey the project, in whole or in part, or permit a change in use of the project, without the prior written approval of the State; and

g. Submit all plans in writing for restoration, rehabilitation, improvement, demolition or other physical change to the completed project for State approval before work commences.

2. Other public benefit requirements specific to this project, including the term length of any property restriction (e.g., preservation covenant or public access covenant) and the legal mechanism for enforcing the restriction as specified by the State are set forth in Attachment E (Special Conditions and Requirements).

3. Parkland acquired or improved by a municipality shall not be sold, leased, exchanged or otherwise disposed of (collectively, “disposed of”) or converted to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other land of equal environmental value and fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other additional requirements as shall be required by the State.

4. Land acquired for recreation or conservation purposes by a not-for-profit organization shall be subject to a conservation easement (see, Title 3 of Article 49 of the Environmental Conservation Law) to be held by the State. Parkland shall not be disposed of by the not-for-profit organization except to the State, a local government unit or another qualifying tax-exempt not-for-profit organization that shall be required to use it for recreation or conservation purposes. Disposal to any other entity of parkland acquired for recreation or conservation purposes by a not-for-profit corporation shall require the express authority of an act of the Legislature.

F. Planning Requirements.

1. All planning documents, plans and specifications must be accepted by the State before the Contractor awards contracts for the project or the subject property. These must be prepared by a qualified professional accepted by the State.

2. Any documents developed under this Contract shall include recognition of funding through the

Environmental Protection Fund from the Office of Parks, Recreation and Historic Preservation.

G. In the case that this grant involves State-owned land, the grant recipient shall have in place a current, approved agreement with the agency of jurisdiction that specifies compliance for the elements funded with this grant as set forth in all Attachments included as part of this Contract.

Statement for Legal Notice – Bidding Process

Language required to be used in all advertisements for Supplies, Materials, and/or Contracts

Project Name & Grant Number must be included on ALL documentation

EEO Language:

The Town of Evans has been and will continue to be an equal opportunity organization. All qualified Minority and Women-Owned Business Enterprise (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status.

Funding Credit/MWBE Language:

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. Under Article 15A, Executive Law, the State of New York is committed to providing Minority and Women Owned Business (MWBE) equal opportunity to participate in government contracts. Though there are no required goals for MWBE participation in this grant funded project, the successful bidder will be required to make a Good Faith Effort in the utilization of MWBE's and furnish reports showing the participation of various business enterprises of subcontractors and suppliers on the contract.

Required language and/or statements:

Vendor Responsibility Questionnaire: Upon selection, 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

Insurance Certificates: Upon selection, all contractors and subcontractors must provide proof of Workers’ Compensation and Disability Benefits Insurance Coverage for employees, or proof of exemption from the New York State Workers’ Compensation Board.

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

Appendix A.doc

Exhibit 1 Non-Collusive Bidding Certification-1

NON-COLLUSIVE BIDDING CERTIFICATION REQUIRED BY

SECTION 139-D OF THE STATE FINANCE LAW

SECTION 139-D, Statement of Non-Collusion in bids to the State:

BY SUBMISSION OF THIS BID, BIDDER AND EACH PERSON SIGNING ON

BEHALF OF BIDDER CERTIFIES, AND IN THE CASE OF JOINT BID, EACH PARTY

THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF

PERJURY, THAT TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF:

[1] The prices of this bid have been arrived at independently, without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

[2] Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and [3] No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY

AWARD BE MADE WHERE [1], [2], [3] ABOVE HAVE NOT BEEN COMPLIED

WITH; PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT

MAKE THE FOREGOING CERTIFICATION, THE BIDDER SHALL SO STATE AND

SHALL FURNISH BELOW A SIGNED STATEMENT WHICH SETS FORTH IN

DETAIL THE REASONS THEREFORE:

[AFFIX ADDENDUM TO THIS PAGE IF SPACE IS REQUIRED FOR

STATEMENT.]

Subscribed to under penalty of perjury under the laws of the State of New York, this _______ day of ___________, 20____ as the act and deed of said corporation of partnership.

Exhibit 1 Non-Collusive Bidding Certification 2

IF BIDDER(S) (ARE) A PARTNERSHIP, COMPLETE THE FOLLOWING:

NAMES OF PARTNERS OR PRINCIPALS LEGAL RESIDENCE

IF BIDDER(S) (ARE) A CORPORATION, COMPLETE THE FOLLOWING:

NAME LEGAL RESIDENCE

President:

Secretary:

Treasurer:

President:

Secretary:

Treasurer:

Exhibit 1 Non-Collusive Bidding Certification-3

Identifying Data

Potential Contractor

Address Street

City, Town, etc.

Telephone Title__________________________

If applicable, Responsible Corporate Officer

Name Title__________________________

Signature

Joint or combined bids by companies or firms must be certified on behalf of each participant.

Legal name of person, firm or corporation Legal name of person, firm or corporation

By _____________________________ Name Name

Title Title

Address_____________________________ Address_______________________ Street Street

City State City State

Article 15A

EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

It is the policy of the ________________________________________________ (Legal Name of Your Organization) to provide equal employment opportunity to all people without regard to race, color, sex, religion, age, national origin, disability, sexual preference, or Vietnam Era Veteran status. As head of the organization, I am personally committed to assuring that our organization will act affirmatively to develop avenues of entry and mobility for minorities, women, individuals with disabilities, and Vietnam Era Veterans through the following activities:

• Development of programmatic approaches to the elimination of all unjust exclusionary employment practices, policies and consequences;

• Development of educational and training programs for all employees, with emphasis on our goals for upgrading minorities, women, individuals with disabilities and Vietnam Era Veterans;

• Development of personnel practices, policies and career ladders to assist and encourage upward mobility of employees restricted to lower levels;

• Development of mechanisms for swift and judicious resolution of complaints of discrimination consistent with our policy, and other applicable statutes; and

• Provision of reasonable accommodations to enable qualified individuals with disabilities to enjoy equal employment opportunities and equal terms, conditions and privileges of employment.

To effectuate this policy, we have designed a plan which conforms with all relevant Federal and State non-discrimination laws and regulations including but not limited to: The Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act, the Vietnam Era Veteran’s Readjustment Act of 1974, and the New York State Human Rights Law. The plan applies to all job classifications and titles in this organization’s jurisdiction. It governs all our employment policies, practices and actions including, but not limited to: recruitment, hiring, discipline, rate of pay or other compensation, advancement, reclassification, reallocation, promotion, demotion, discharge and employee benefits. I will see that the Affirmative Action Office is provided with all available resources necessary for the execution of its program responsibilities. Moreover, all managers, supervisors, and employees must make consistently diligent efforts to implement this policy in day-to-day program and employment decisions. Affirmative Action considerations will be an integral part of all organizational activities performed in the furtherance of our mission and in meeting our responsibilities to the State’s citizens.

Signature of Agency Head

Printed Name of Agency Head

AC 3292-S (Rev. 03/2022) NYS VENDOR ID: 000000000

NEW YORK STATE VENDOR RESPONSIBILITY QUESTIONNAIRE

FOR-PROFIT CONSTRUCTION (CCA-2)

You have selected the For-Profit Construction questionnaire, commonly known as the “CCA-2,” which may be printed and completed in this format or, for your convenience, may be completed online using the New York State VendRep System.

COMPLETION & CERTIFICATION

The person(s) completing the questionnaire must be knowledgeable about the vendor’s business and operations. An owner or owner’s official representative authorized to legally bind the Reporting Entity, must certify the truth of the questionnaire answers.

NEW YORK STATE VENDOR IDENTIFICATION NUMBER (VENDOR ID)

The Vendor ID is a ten-digit identifier issued by New York State when the vendor is registered on the Statewide Vendor File. This number must now be included on the questionnaire. If the business entity has not obtained a Vendor ID, contact the IT Service Desk at ITServiceDesk@osc.state.ny.us or call 866-370-4672.

DEFINITIONS

All underlined terms are defined in the “New York State Vendor Responsibility Definitions List,” found at http://www.osc.state.ny.us/vendrep/documents/questionnaire/definitions.pdf. These terms may not have their ordinary, common, or traditional meanings. Each vendor must read the respective definitions for any and all underlined terms. By submitting this questionnaire, the vendor agrees to be bound by the terms as defined in the "New York State Vendor Responsibility Definitions List" existing at the time of certification.

RESPONSES

Every question must be answered fully. Each response must provide all relevant information to appropriately explain the answer. If you have concerns as to the legal requirements behind your answers, please seek clarification from your counsel. However, information regarding a determination or finding made in error which was subsequently corrected or overturned, and/or was withdrawn by the issuing government entity, is not required to be identified. Individuals and Sole Proprietors may use a Social Security Number but are encouraged to obtain and use a federal Employer Identification Number (EIN).

BUSINESS ENTITY INFORMATION

Legal Business Name

EIN

Address of the Principal Place of Business (street, city, state, zip code) NO P.O.

Boxes

New York State Vendor Identification Number

Telephone ext.

Fax

Website (include all)

Authorized Contact for this Questionnaire

Name

Telephone

Fax

Title

Email

Additional Business Entity Identities: If applicable, list any other DBA, Trade Name, Former Name, Other Identity, or EIN used in the last five (5) years, the state or county where filed and the status (active or inactive).

Type Name EIN State or County where filed Status

I. BUSINESS CHARACTERISTICS

1.0 Business Entity Type – Check appropriate box and provide additional information:

a) Corporation (including PC)

Date of Incorporation

b) Limited Liability Company (LLC or

PLLC)

Date Organized

c) Limited Liability Partnership

Date of Registration

d) Limited Partnership Date Established

e) General Partnership Date Established

County (if formed in NYS)

f) Sole Proprietor How many years in business?

g) Other Date Established

If Other, explain:

1.0 Was the Business Entity formed in New York State? Yes No

If “No,” indicate jurisdiction where the Business Entity was formed:

United States State

Other Country

1.2 Is the Legal Business Entity publicly traded? Yes No

If “Yes,” provide the CIK code or Ticker Symbol:

1.3 Is the Business Entity currently registered to do business in New York State?

Note: Select “Not Required” if the Business Entity is a Sole Proprietor or General Partnership

Yes No

Not Required

If “No,” explain why the Business Entity is not required to be registered to do business in New York State:

1.4 Is the responding Business Entity a Joint Venture? Note: If the submitting Business Entity is a Joint Venture, also submit a separate questionnaire for each Business Entity comprising the Joint Venture.

Yes No

1.5 If the Business Entity’s Principal…