STATE APPROVED Project Manual.pdf

©Copyright All Rights Reserved Saratoga Associates #2025-116.10

PROJECT MANUAL

City of Cortland Randall Park Restroom Renovation

EPF Project #240025

May 22, 2026

Prepared for:

25 Court Street Cortland, NY 13045

Prepared by:

Saratoga Associates 21 Congress Street, Suite 201 Saratoga Springs, NY 12866

SA Project No. 2025-116.10

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.

01 0110 - 1 Table of Contents

SECTION 00 0110

TABLE OF CONTENTS

SPECIFICATIONS

00 01 01 COVER

00 01 10 TABLE OF CONTENTS

00 11 13 NOTICE TO BIDDERS

00 11 15 APPENDIX A

00 11 16 ATTACHMENT A-1 ALL GRANTS

00 11 17 EPF ATTACHMENT A-2

00 41 10 BID FORM – GENERAL CONSTRUCTION

00 41 11 BID FORM – ELECTRICAL CONSTRUCTION

00 41 12 BID FROM – PLUMBING CONSTRUCTION

00 41 13 BID FORM – MECHANICAL CONSTRUCTION

00 41 14 NON-COLLUSIVE BIDDING CERTIFICATION

00 4301 BID BOND, (AIA DOCUMENT A310)

CONTRACTING DOCUMENTS

00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR (AIA

DOCUMENT A101-2017)

00 52 01 PERFORMANCE AND PAYMENT BOND, (AIA DOCUMENT A312)

00 72 00 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (AIA DOCUMENT

A201-2017)

00 81 10 SUPPLEMENTARY CONDITIONS

00 84 00 NYSDOL PREVAILING WAGE SCHEDULE

DIVISION 01 – GENERAL REQUIREMENTS

01 10 00 SUMMARY

01 20 00 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 31 00 PROJECT MANAGEMENT AND COORDINATION

01 33 00 SUBMITTAL PROCEDURES

01 40 00 QUALITY REQUIREMENTS

01 50 00 TEMPORARY FACILITIES AND CONTROLS

01 60 00 PRODUCT REQUIREMENTS

01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS

01 78 01 GENERAL ONE YEAR GUARANTEE

DIVISION 02 – EXISTING CONDITIONS

02 10 00 SELECTIVE DEMOLITION, REMOVALS AND SALVAGE

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

03 33 00 ARCHITECTURAL CONCRETE FINISHES

DIVISION 04 - MASONRY

04 20 00 UNIT MASONRY UNITS

01 0110 - 2 TABLE OF CONTENTS

DIVISION 05 - METALS

05 40 00 COLD-FORMED METAL FRAMING

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY

06 13 23 HEAVY TIMBER FRAMING

06 15 00 WOOD DECKING

06 41 00 ARCHITECTURAL WOOD CASEWORK

06 65 10 SOLID SURFACE FABRICATIONS

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 25 00 WEATHER BARRIER

07 46 49 POLY-ASH SIDING AND TRIM

07 61 00 SHEET METAL ROOFING

07 92 00 JOINT SEALANTS

DIVISION 08 - OPENINGS

08 16 13 HYBRID FRP DOORS

08 31 00 ACCESS DOORS AND PANELS

08 33 13 COILING COUNTER DOORS

08 71 00 DOOR HARDWARE

DIVISION 09 - FINISHES

09 21 16 GYPSUM BOARD ASSEMBLIES

09 65 13 RESILIENT WALL BASE

09 67 23 RESINOUS FLOORING

09 91 13 EXTERIOR PAINTING

09 91 23 INTERIOR PAINTING

DIVISION 10 - SPECIALTIES

10 14 23 PANEL SIGNAGE

10 28 13 TOILET AND BATH ACCESSORIES

10 44 00 FIRE PROTECTION SPECIALTIES

DIVISION 22 – PLUMBING

22 05 00 COMMON WORK RESULTS FOR PLUMBING

22 05 19 METERS AND GAGES FOR PLUMBING PIPING

22 05 23 GENERAL-DUTY VALVES FOR PLUMBING PIPING

22 05 29 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT

22 05 53 IDENTIFICATIONS FOR PLUMBING PIPING AND EQUIPMENT

22 07 00 PLUMBING INSULATION

22 11 16 DOMESTIC WATER PIPING

22 11 19 DOMESTIC WATER PIPING SPECIALTIES

22 13 16 SANITARY WASTE AND VENT PIPING

22 13 19 SANITARY WASTE PIPING SPECIALTIES

22 33 00 DOMESTIC WATER HEATERS

01 0110 - 3 TABLE OF CONTENTS

22 40 00 PLUMBING FIXTURES

22 47 00 DRINKING FOUNTAINS

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)

23 05 00 COMMON WORK RESULTS FOR HVAC

23 05 13 COMMON MOTOR REQUIREMENTS FOR HVAC EQUIPMENT

23 05 53 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT

23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC

23 09 93 SEQUENCE OF OPERATIONS FOR HVAC CONTROLS

23 31 13 DUCTWORK

23 33 00 AIR DUCT ACCESSORIES

23 37 13 DIFFUSERS, REGISTERS AND GRILLES

DIVISION 26 – ELECTRICAL

26 05 00 COMMON WORK RESULTS FOR ELECTRICAL

26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS

26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS

26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS

26 09 23 LIGHTING CONTROL DEVICES

26 24 16 PANELBOARDS

26 27 13 ELECTRICITY METERING

26 27 26 WIRING DEVICES

26 28 16 ENCLOSED SWITCHES AND CIRCUIT BREAKERS

26 51 00 INTERIOR LIGHTING

26 56 00 EXTERIOR LIGHTING

26 56 00 SITE LIGHTING

DIVISION 31 - EARTHWORK

31 05 13 SOIL MATERIALS

31 05 16 AGGREGATE MATERIALS

31 10 00 SITE DEMOLITION AND REMOVALS

31 20 01 TEMPORARY TREE AND PLANT PROTECTION

33 20 00 EXCAVATION AND TRENCHING

31 22 00 EARTHWORK AND SITE GRADING

31 25 00 EROSION AND SEDIMENT CONTROL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSE

32 13 13 CONCRETE PAVEMENT

32 91 19 LANDSCAPE GRADING

32 92 19 SEEDING

Randall Park Restroom Renovation 00 1113-1 Notice to Bidders

SECTION 00 1113

NOTICE TO BIDDERS

TITLE: RANDALL PARK RESTROOM RENOVATION - EPF # 240025

RECEIVING DATE AND TIME: Friday, June 26, 2026 by 11:00am OPENING DATE AND TIME: Friday, June 26, 2026 at 11:10am

Owner: City of Cortland

25 Court Street Cortland, NY 13045

(607) 753-3021 Attn: Director, Andrea Piedigrossi andrea@cortlandny.gov

Consultant: Saratoga Associates

21 Congress Street, Suite 201 Saratoga Springs, NY 12866 (518)-249-5446

Attn: Alison Yovine ayovine@saratogaassociates.com

• Bid Advertisement Bid documents may be obtained beginning on Friday, May 29th, 2026 from the City of Cortland at andrea@cortlandny.gov or in person from the City of Cortland Youth Bureau at 35 Port Watson Street, Cortland NY 13045 (607-753-3021). Bidders are encouraged to provide email contact information for the receipt of addenda. No deposit is required with this bid.

• Pre-Bid Walk Through Access to the site for a Pre-bid walk through will be allowed at the project site on June 2 through June 4, 2026 local time. Contact Andrea Piedigrossi via email to setup a time.

• Bidder Questions Due All questions from bidders relating to the Bid Documents should be submitted in writing, via email to Alison Yovine at ayovine@saratogaassociates.com by 3:00pm on Wed, June 17, 2026.

• Final Addenda to be Issued: Monday, June 22, 2026 All modifications to the Bid Documents will be issued by addenda to those bidders obtaining complete sets of documents, via email.

• Bids Due – Hard Copy Bids shall be submitted using the bid form provided, in duplicate, and enclosed in a sealed envelope bearing the project title and bidder’s name. The Owner, City of Cortland, shall receive sealed bids at the City office:

Attn: Director, Andrea Piedigrossi 35 Port Watson Street Cortland, New York 13045 until 11:00am local time on Friday, June 26, 2026. Any bid received after that time and date specified above will not be considered.

Bids will be publicly opened on Friday, June 26, 2026 at 11:10am.

• Anticipated Contract Award – July 2026 City Council meeting. A notice of award letter will be issued to the selected contractors.

• Anticipated Construction Schedule Project work shall commence on or about July 13, 2026 with substantial completion expected November 20, 2026 and final completion of work expected December 11, 2026. Work may commence earlier if weather permits, provided any additional costs incurred due to frost conditions, etc. are borne by the contractor.

Randall Park Restroom Renovation 00 1113-2 Notice to Bidders

A bid bond or certified check in the amount of 5% of the bid amount is required with the bid. All bid securities, except that of the three (3) lowest bidders, will be returned within 10 days of the bid opening.

A Non-Collusive Bidding Certification form shall be submitted with the bid.

Performance and Payment Bonds for 100 percent of the Contract Sum payable to City of Cortland will be required as a condition of the award for contract. The Agreement will be written between the successful Bidder and the City of Cortland.

The Owner represents that it is exempt from payment of federal, state, and local taxes, as well as Sales and Compensating Use Taxes of the State of New York.

No Bidder may withdraw their bid within 45 days after the actual date of opening.

The City of Cortland is an equal opportunity employer and attention of Bidders is particularly called to requirements that no person shall be discriminated against on the basis of race, religion, color, national origin, sex, gender, age, disability, sexual preference, marital status, or Vietnam Era Veteran status.

This project is funded in part by the following grant sources:

1. The NYS Office of Parks, Recreation and Historic Preservation through Title 9 of the Environmental Protection Act of 1993.

All bidders are subject to the terms of the State of New York Contract for Grants -- Standard Terms and Conditions, which can be found online at https://grantsmanagement.ny.gov/state-agency-resources, as well as Appendix A (Standard Clauses For New York State Contracts), Attachment A-1 (Agency Specific Terms and Conditions) and Attachment A-2 (Program Specific Terms and Conditions) (copies enclosed).

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 New York State Department of Labor under Labor Law Section 220-i. 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.

Upon selection, for all contracts that equal or exceed $100,000, the contractor will be required to submit to the State Vendor Responsibility Questionnaire: Construction – For-Profit. The questionnaire can be found online at http://www.osc.state.ny.us/vendrep/forms_vendor.htm.

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.

The successful bidder will be required to provide an Affirmative Action and Minority and Women-Owned Business Enterprise Policy Statement prior to the award of a contract.

Attention of Bidders is particularly called to the requirements of New York State Prevailing Wage Rates, required for this contract. (Project PRC# 2026014478)

The Owner reserves the right to accept or reject any or all Bids, to re-advertise for new bids, or to waive any informality in connection with the bids.

https://grantsmanagement.ny.gov/state-agency-resources

Randall Park Restroom Renovation 00 1113-3 Notice to Bidders

Summary of Required Forms:

� Bid Form � Bid Bond (5%) (Performance and Payment Bonds required upon award) � Non-Collusive Bidding Certification � Proof of Insurance: Workers’ Compensation, Disability, Liability � Certificate of Registration � State Vendor Responsibility Questionnaire: Construction – For-Profit (for all $100k+ contracts, upon selection)

Notice to Contractors, Subcontractors, Suppliers and Vendors (Revised March 5, 2025) 1 | 1

• 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)

SECTION 00 0114

OPRHP NOTICE

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:

END SECTION

Center Park Rehabilitation 00 0114-1 OPRHP Notice https://grantsmanagement.ny.gov/state-agency-resources

STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

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

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

SECTION 00 1115

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

TABLE OF CONTENTS

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

Use Tax by Certain State Contractors, Affiliates and Subcontractors

26 Iran Divestment Act 9 27 Admissibility of Contract 9

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

STANDARD CLAUSES FOR NYS CONTRACTS

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

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

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State's previous written consent, and attempts to do so are null and void.

Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller's approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrates its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

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

4. WORKERS' COMPENSATION BENEFITS.

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

5. NON-DISCRIMINATION REQUIREMENTS.

To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State

Page 4 of 9, Contract for Grants Appendix A January 2024 of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION.

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

8. INTERNATIONAL BOYCOTT

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

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

January 2024

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

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

(6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND

PRIVACY NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee's Federal employer identification number, (ii) the payee's Federal social security number, and/or (iii) the payee's Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment.

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

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

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory.

The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES

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

(i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor's equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination.

Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

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

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

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

York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto.

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

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

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made.

Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF

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

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

In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State.

19. MACBRIDE FAIR EMPLOYMENT

PRINCIPLES. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles.

Contract Number:# Page 7 of 9, Contract for Grants Appendix A

20. OMNIBUS PROCUREMENT ACT OF

1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority- and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts.

Information on the availability of New York State subcontractors and suppliers is available from:

NYS Department of Economic Development Division for Small Business and Technology Development 625 Broadway Albany, New York 12245 Telephone: 518-292-5100

A directory of certified minority- and women-owned business enterprises is available from:

NYS Department of Economic Development Division of Minority and Women's Business Development 633 Third Avenue 33rd Floor New York, NY 10017 646-846-7364 Email: mailto:mwbebusinessdev@esd.

ny.gov https://ny.newnycontracts.

com/FrontEnd/ searchcertifieddirectory.asp

The Omnibus Procurement Act of 1992 (Chapter 844 of the Laws of 1992, codified in State Finance Law § 139-i and Public Authorities Law § 2879(3)(n) (p)) requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million:

(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority- and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State;

(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements.

The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and

(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts.

21. RECIPROCITY AND SANCTIONS

PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively, codified in State Finance Law § 165(6) and Public Authorities Law § 2879(5)) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 2023, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii.

22. COMPLIANCE WITH BREACH

NOTIFICATION AND DATA SECURITY LAWS.

Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law §§ 899-aa and 899-bb and State Technology Law § 208).

23. COMPLIANCE WITH CONSULTANT

DISCLOSURE LAW. If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, Contract Number:# Page 8 of 9, Contract for Grants Appendix A paralegal, legal or similar services, then, in accordance with Section 163 (4)(g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller.

24. PROCUREMENT LOBBYING. To the extent this agreement is a "procurement contract" as defined by State Finance Law §§ 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in accordance with State Finance Law §§ 139-j and 139-k are complete, true and accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement.

25. CERTIFICATION OF REGISTRATION TO

COLLECT SALES AND COMPENSATING

USE TAX BY CERTAIN STATE

CONTRACTORS, AFFILIATES AND

SUBCONTRACTORS.

To the extent this agreement is a contract as defined by Tax Law § 5-a, if the contractor fails to make the certification required by Tax Law § 5-a or if during the term of the contract, the Department of Taxation and Finance or the covered agency, as defined by Tax Law § 5-a, discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State.

26. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance Law § 165-a that it is not on the "Entities Determined to be Non- Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012"

("Prohibited Entities List") posted at:

https://ogs.ny.gov/iran-divestment-act-2012

Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same certification at the time the Contract is renewed or extended.

Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State.

During the term of the Contract, should the state agency receive information that a person (as defined in State Finance Law § 165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.

The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

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

27. ADMISSIBILITY OF REPRODUCTION OF

CONTRACT. Notwithstanding the best evidence rule or any other legal principle or rule of evidence to the contrary, the Contractor acknowledges and agrees that it waives any and all objections to the admissibility into evidence at any court proceeding or to the use at any examination before trial of an electronic reproduction of this contract, in the form approved by the State Comptroller, if such approval was required, regardless of whether the original of said contract is in existence.

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.

SECTION 00 1116

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.