HomeMy WebLinkAbout03_SFC_MASTER_eB_07.2016 1 Rev. 07-2016
Contract No. -- XXX
SHORT FORM CONTRACT
This Contract made as of the *** day of *** YEAR, by and between
CORNELL UNIVERSITY, Ithaca, New York 14853, hereinafter called "Owner",
and
***, hereinafter called "Contractor".
WITNESSETH: The Owner and the Contractor mutually agree as follows:
1. SCOPE OF CONTRACT
The Contractor agrees to furnish and provide all the supplies, materials and labor, and to perform
to the satisfaction of the Owner all work of every kind required, necessary to, proper for or
incidental to the
***
per ***
at Cornell University, hereinafter called the "Project", in strict accordance with this Contract, the
Proposal, and the Drawings and Specifications, hereinafter collectively called the "Contract" or
"Contract Documents", all of which have been examined by the Contractor and are deemed to be
a part of this Contract.
at Cornell University, hereinafter called the "Project", in strict accordance with this Contract, the
Proposal, the Drawings and Specifications and the prescribed bonds, hereinafter collectively
called the "Contract" or "Contract Documents", all of which have been examined by the
Contractor and are deemed to be a part of this Contract.
2. TIME OF PERFORMANCE
The Contractor shall complete all the work covered by the Contract to the satisfaction of Cornell
University and in accordance with the Contract Documents by
***
unless such period is otherwise extended by the Owner, or be responsible to the Owner for any
damage caused by the failure or omission by the Contractor to comply with this paragraph.
2 Rev. 07-2016
3. PAYMENT
3.1 The Owner shall pay to the Contractor and the latter shall accept as full and complete
payment for the performance of this Contract for the sum of
*** ($0.00)
which sum is the amount of the contract consideration. If the progress and performance of the
work is satisfactory to the Owner, the latter, upon application submitted by the Contractor and
approved by the Architect, if any, and the Owner, will make periodic progress payments of the
contract consideration to the Contractor, the amount of such progress payments to be based upon
the value of the work performed by the Contractor since the last previous progress payment, less
an amount equal to 10% thereof, which sum the Owner shall reserve from each progress payment
until all the work covered by the Contract has been completed.
3.2 Time of Payment. The Owner shall make payment in the manner provided in this
Agreement within thirty (30) calendar days of approval of submitted invoice.
3.3 All invoices shall be submitted electronically via the e-Builder “Payment Application”
process. No paper copies shall be submitted.
3.4 Upon the completion by the Contractor and acceptance by the Owner of all the work
covered by the Contract, the Owner shall make a final payment equal to the amount of the
Contract consideration less all previous payments by the Owner to the Contractor.
3.5 Application for Final Payment shall include a Final Release, and warranty information as
required under the Contract.
3.6 The acceptance by the Contractor, or by anyone claiming by or through the Contractor,
the final payment shall constitute and operate as a release to the Owner from any and all claims
of any liability for anything done or furnished for or relating to or arising out of the work covered
by the Contract and for any prior act, neglect or default on the part of the Owner or any of its
officers, agents, or employees in connection therewith. Should the Contractor refuse to accept
the final payment as tendered by the Owner or should they refuse to execute the final application
for payment without protest and without reserving any rights or claims against the payment
without protest and without reserving any rights or claims against the Owner, it shall constitute a
waiver of any right to interest on the payment so tendered and/or on the amount set forth in said
final application for payment.
3.7 The Contractor shall furnish the Owner with their Federal Tax Identification Number.
4. CHANGES IN THE WORK
4.1 Cost Events and Change Orders will be managed by the e-PM system and the Contractor
shall be responsible for reporting potential changes and logging Requests for Change Orders in
the system. The Contractor shall also upload and manage all documentation supporting
Requested Change Orders.
4.2 The Owner shall determine the amount by which the Contract consideration is to be
increased or decreased by a change order by one (1) or more of the following methods:
3 Rev. 07-2016
4.2.1 By agreement with the Contractor.
4.2.2 By applying the applicable price or prices previously bid and approved. This method
shall be used if the Contract contains applicable unit prices.
(i) To the extent that a Unit Prices are applicable, as determined by the Owner, work
shall be priced and paid for or credited in accordance with such Unit Prices; except
that a Unit Price shall not apply to any portion of work which is either reduced or
increased by more than 25%. Said Unit Prices shall be valid for the duration of the
project as applicable, unless stipulated elsewhere in the Contract Documents.
4.2.3 By estimating the fair and reasonable cost of:
(i) Labor, including all wages, required wage supplements and insurance required by
law paid to employees below the rank of superintendent directly employed at the
Site.
(ii) Materials
(iii) Equipment, excluding hand tools, which in the judgment of the Owner, would have
been or will be employed exclusively and directly on the Work.
4.2.4 By determining the actual cost of the extra work in the same manner as in Paragraph C,
except the actual costs of the Contractor shall be used in lieu of estimated costs.
4.2.5 Regardless of the method used by the Owner in determining the value of a change order,
the Contractor, within thirty (30) calendar days after a request for the estimate of value shall
submit to the Owner a detailed breakdown of the Contractor's estimate, including all
subcontractors details, of the value of the Change Order Work, in the format contained on the
Owner’s website.
4.3 Mark-ups: Work performed by the Contractor. Where the Work is performed directly
by the Contractor by adding to the total of such estimated costs a sum equal to fifteen percent
(15%) thereof.
5. RISKS ASSUMED BY THE CONTRACTOR
5.1 The Contractor solely assumes all risks, except those risks caused by defects in the
drawings or specifications prepared or furnished by the Owner or the Architect, for loss or
damage, occurring prior to the Owner's acceptance of all work, to all or any part of the work
covered by the Contract and for all claims, losses and damages for bodily injury, including death,
and property damage arising out of or as a result of or in connection with the performance by the
Contractor of the work covered by the Contract.
5.2 The Contractor agrees to indemnify and save harmless the Owner from all claims, losses
and damages described above.
5.3 The Contractor's obligations under this section shall not be deemed waived, limited or
discharged by the enumeration in the Contract Documents of the kinds and amounts of insurance
that the Contractor is required to and/or does procure.
4 Rev. 07-2016
5.4 Neither the Owner's final acceptance of the work to be performed hereunder nor the
making of payment therefore shall release the Contractor from their obligations under this
section.
5.5 Nothing in the Contract Documents shall create or give third parties any claims or rights
of action against the Contractor, the Architect, and the Owner to persons on, about or adjacent to
the premises where the work is being performed.
6. PUBLIC SAFETY AND RISK INVOLVING PROPERTY
6.1 The Contractor shall take all necessary precautions for the safety of employees on the
work, and shall comply with all applicable provisions of Federal, State and Municipal safety laws
and building codes as well as regulations of the Owner's Life Safety Services to prevent
accidents or injury to persons on, about or adjacent to the premises where the work is being
performed. The Contractor shall erect and properly maintain at all times as required by the
conditions and progress of the work, all necessary safeguards for the protection of workmen and
the public and shall post danger signs warning against the hazards created by the construction.
6.2 The Contractor shall designate a responsible member of their organization on the work
whose duty shall be the prevention of accidents. The name and position of any person so
designated shall be submitted to the Owner in writing.
6.3 In an emergency affecting the safety of life or of the work or of adjoining property, the
Contractor, without special instruction or authorization from the Owner, is hereby permitted to
act at their discretion to prevent such threatened loss or injury, and shall so act without appeal if
so authorized or instructed. Any compensation claimed by the Contractor on account of
emergency work, shall be determined by the Owner.
6.4 The Contractor shall so conduct its operations as not to close or obstruct any portion of
any highway, road or other property until permits therefor have been obtained from the proper
authorities. If any of the above are required to be kept open or shall be damaged or rendered
unsafe by Contractor's operations, Contractor shall, at their own expense, make such repairs and
provide such temporary detours, guards, bridges, lights and other signals as necessary for public
safety and as will be acceptable to the proper authorities.
6.5 Except as otherwise specifically provided, Contractor shall not do any work that would
affect any pipeline, telephone, or electric transmission line, drainage ditch or channels, or any
other structure, nor meter upon the right-of-way or any other lands appurtenant thereto, until
notified by the Project Manager that the Owner has secured permission therefor from the proper
authority. Contractor shall not be entitled to any extension of time or any extra compensation on
account of any postponement, interference or delay caused by any such structure being on or
adjacent to the site of the work.
6.6 The Contractor shall preserve and protect all cultivated and planted areas, and all natural
vegetation such as trees, shrubs, and grass on or adjacent to the premises which as determined by
the Owner, do not unreasonably interfere with the performance of the work. The Contractor
shall be responsible for damage to any such property and unauthorized cutting or destroying of
trees and vegetation, including damage due to careless operation of equipment, stockpiling of
materials or tracking by equipment or vehicles.
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6.7 The Contractor shall continuously maintain adequate protection of all its work from
damage and shall protect the Owner's property from injury or loss arising in connection with this
Contract. The Contractor shall make good any such damage, injury or loss. The Contractor shall
adequately protect adjacent property. The Contractor and employees of the Contractor shall
comply with all regulations governing conduct, access to the premises, operation of equipment
and systems, and conduct while in or near the premises and shall perform the Work in such a
manner as not to unreasonably interrupt or interfere with the conduct of business of the Owner.
7. GUARANTEES
7.1 The Contractor, at the convenience of the Owner, shall remove, replace and/or repair at
its own cost and expense any defects in workmanship, materials, ratings, capacities or
characteristics occurring in or to the work covered by the Contract within the (1) year or within
such longer period as may otherwise be provided in the Contract, the period of such guarantee to
commence with the Owner's final acceptance of all work covered under the Contract or at such
other date or dates as the Owner may specify prior to that time, and the Contractor, upon
demand, shall pay for all damage to all other work resulting from such defects and all expenses
necessary to remove, replace and/or repair such other work which may be damaged in removing,
replacing or repairing the said defects.
7.2 Unless such removal, replacement and/or repair shall be performed by the Contractor
within ten (10) working days after receipt of written notice from the Owner specifying such
defect, or if such defect is of such a nature that it cannot be completely removed, repaired and/or
replaced within said ten (10) day period and the Contractor shall not have diligently commenced
removing, repairing and/or replacing such defect within said ten (10) day period and shall not
thereafter with reasonable diligence and in good faith proceed to do such work, the Owner may
employ such other person, firm or corporation as it may choose to perform such removal,
replacement and/or repair and the Contractor agrees, upon demand, to pay to the Owner all
amounts which it expends for such work.
8. DEFAULT OF THE CONTRACTOR
In the event that the Contractor shall fail to proceed with the work when and as directed by the
Owner or the Architect or if the Contractor in the opinion of the Owner, shall fail to carry on the
work with proper speed or if the Contractor shall otherwise fail to comply with the provisions of
this Contract, the Owner, upon fourteen (14) days written notice to the Contractor, may declare
the Contractor in default of this Contract and arrange for the work to be finished in such manner
and method as may be deemed advisable by the Owner. If the Owner declares the Contractor in
default, the Contractor shall be liable to the Owner for the cost of all additional architectural and
engineering services necessary, in the Owner's opinion, as a result of such default. The Owner
shall deduct from the contract consideration the cost of such additional services and, if the
Owner has the work completed by other than the Contractor's surety, the actual cost of
completion of all work covered by the Contract. If the unpaid balance of the contract
consideration, including retainage from progress payments, is insufficient to pay such costs, then
the Contractor, upon demand, shall pay the Owner the amount of such excess costs.
6 Rev. 07-2016
9. PROVISIONS REQUIRED BY LAW
Each and every provision required by law to be inserted in the Contract shall be deemed to be
inserted herein and the Contract shall be read and enforced as though it were included herein and
in the event any such provision is not inserted or is not correctly inserted then, upon the
application of either party, this Contract shall forthwith be physically amended to make such
insertion or correction.
10. INSURANCE
Cornell University requires that contractors submit evidence of adequate insurance prior to the
commencement of performance of work for the University. Minimum requirements are:
10.1 Statutory Worker's Compensation Insurance under the laws of the State of New York and
any other laws that may be applicable thereto. Coverage "B" Employers Liability must have
limits of at least $100,000.
10.2 Comprehensive General Liability Insurance, subject to limits of $1,000,000 each
occurrence, or such limits carried by the Contractor, whichever is greater. Coverage must be
provided for Bodily Injury Liability, Broad Form Property Damage Liability, Contractual
Liability and Products and Completed Operations coverage. Completed Operations coverage is
to be maintained for a minimum period of two years after completion of the Cornell contract.
10.3 Automobile Liability Insurance subject to limits of not less than $1,000,000 each
occurrence for Bodily Injury and $100,000 each occurrence for property damage. Such
Automobile Liability Insurance shall be for all of contractor's owned, non-owned, and hired
automobiles.
10.4 All Risk Property Insurance providing replacement cost coverage for any property
damage to contractor's property which is caused by a loss of any kind and description to any
property brought onto Cornell University premises. The contractor agrees to waive on behalf of
itself and its insurance company subrogation against the University for any loss or damage which
is covered or should be covered by this insurance.
10.5 All liability policies should be issued on an "occurrence" basis. A CERTIFICATE OF
INSURANCE for all policies required must be issued to Cornell University and received by the
Office of Facilities Contracts, 121 Humphreys Service Building, Cornell University, Ithaca, New
York 14853, prior to any work.
10.6 Cornell University will be added to the contractor's Comprehensive General Liability
Insurance Policy by endorsement as an Additional Insured and evidence of such will be provided
in the contractors' certificate of insurance. All policies must also be endorsed as "primary" for
purposes of this contract.
10.7 All certificates of insurance will provide for a minimum of 30 days notice to Cornell
University prior to cancellation, non-renewal or change in policy terms and/or conditions.
7 Rev. 07-2016
11. INDEMNIFICATION
The contractor shall defend, indemnify, and hold harmless Cornell University and its trustees,
officers, agents, and employees from all suits, actions, or claims of any character, name, or
description including reasonable attorney fees, brought on account of:
11.1 Any injuries or damages (real or alleged) received or sustained by any person, persons,
or property, on account of any act, any omission, any neglect, or any misconduct of the
contractor.
11.2 Any neglect of the contractor in safeguarding the work.
11.3 The use of unacceptable materials by the contractor in performing the work.
11.4 Any injuries or damages sustained by the contractors' employees.
Cornell reserves the right to retain whatever funds which would be due Contractor under this
contract until such suits, action or actions, claim or claims for injuries or damages as aforesaid
shall have been settled and satisfactory evidence to that effect furnished.
12. GENERAL PROVISIONS
12.1 The word or designation "site" as used in the Contract Documents shall be deemed to be
the area within the Contract Limit Lines, as shown on the drawings, and all other areas upon
which the Contractor is to perform work.
12.2 The word or designation "work" as used in the Contract Documents shall be deemed to
be the using, performing, installing, furnishing and supplying of all materials, equipment, labor
and incidentals necessary or convenient to the successful completion of the Project and the
carrying out of all duties and obligations imposed upon the Contractor by the Contract.
12.3 The captions of articles or sections of the Contract Documents are intended for
convenience and for reference purposes only and in no way define, limit or describe the scope or
intent thereof, or of this Contract nor in any way affect this Contract.
12.4 1The Contract Documents constitute the entire agreement between the parties hereto and
no statement, promise, condition, understanding, inducement or representation, oral or written,
expressed or implied, which is not contained herein shall be binding or valid and the Contract
Documents shall not be changed, modified or altered in any manner except by an instrument in
writing executed by the parties hereto.
12.5 The Contractor agrees that it will not assign this contract without the prior written
consent of the Owner.
12.6 If this contract is funded by New York State or federal funds, it shall be deemed
executory to the extent of state or federal monies being available to Cornell and no liability on
account thereof shall be incurred by Cornell beyond monies available for the purpose thereof.
8 Rev. 07-2016
12.7 The Contractor, subcontractor, or any person acting on behalf of the Contractor will not
discriminate against any employee or applicant for employment in the performance of this
contract or any subcontract thereunder because of Equal Employment Opportunity protected
class status including age, race, disability, ethnicity, national origin, religion, sex, sexual
orientation, marital status, Vietnam Era or special disabled veteran status as applicable under
federal, state and local laws.
13. ELECTRONIC PROJECT MANAGEMENT
The Contractor will utilize the Owner’s electronic Project Management (e-PM) system eBuilder
on this project. There are no fees to utilize this system. Users will be provided a username and
password. All correspondence should be communicated through the e-PM system.
14. STANDARDS OF ETHICAL CONDUCT
Cornell University expects all executive officers, trustees, faculty, staff, student employees, and
others, when acting on behalf of the university, to maintain the highest standard of ethical
conduct as per Cornell University's Policy 4.6 - Standards of Ethical Conduct, a copy of which is
available at http://finance.fs.cornell.edu/contracts/forms/contractors.cfm. This includes treating
equally all persons and firms currently doing business with or seeking to do business with or for
Cornell University, whether as contractors, subcontractors, or suppliers. Such persons and firms
are respectfully reminded that Cornell University employees and their families may not
personally benefit from Cornell University's business relationships by the acceptance of gifts or
gratuities, defined as a gift in excess of $75.00 given to a Cornell employee for personal use.
Items not considered gifts/gratuities include occasional business meals, items of an advertising
nature, and items that are generally distributed to all potential customers. In addition, it is
expected that the Contractor's officers and employees shall conduct all business related to this
Contract within the highest ethical standards, observing applicable policies, practices,
regulations, law, and professional standards. All parties are expected to report violations of this
policy to appropriate university personnel. You may file a report to Cornell University on the
web https://secure.ethicspoint.com/domain/en/report_custom.asp?clientid=6357 or contact
Cornell University through EthicsPoint by dialing toll-free 1-866-293-3077.
15. ACCOUNTINGS, INSPECTION AND AUDIT
The Contractor agrees to keep books and records showing the costs incurred for the Work. Such
books and records (including, without limitation, any electronic data processing files used by
Contractor in analyzing and recording the Work) shall be open for inspection and audit by Owner
and its authorized representatives at reasonable hours at Contractor's local office or at Owner's
office, if necessary, and shall be retained by Contractor for a period of seven years after the
Work has been completed. Each Contractor shall be similarly obligated to maintain, for
inspection and audit by Owner, books and records respecting the Work.
9 Rev. 07-2016
16. LIENS
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor shall deliver to the Owner a complete release or discharge of all liens arising out of
this Contract, or receipts in full in lieu thereof and, in either case, an affidavit that so far as the
Contractor has knowledge or information the releases and receipts include all the labor and
materials for which a lien could be filed; but the Contractor may, if any subcontractor refuses to
furnish a receipt or release in full, furnish a bond satisfactory to the Owner, to indemnify him
against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall
refund to the Owner all monies that the later may be compelled to pay in discharging such a lien,
including all costs and a reasonable attorney's fee. No partial or progress payments shall be
made to the Contractor as long as a lien is outstanding on the real property of the Owner by
reason of claims arising out of the work of this Contract.
17. TERMINATION
The Owner, at any time, may terminate the Contract in whole or in part. Any said termination
shall be effected by delivery to the Contractor notice of termination specifying the extent to
which performance of Work under the Contract is terminated and the date upon which said
termination becomes effective. Upon receipt of the notice of termination, the Contractor shall
act promptly to minimize the expenses resulting from said termination. The Owner shall pay the
Contractor for costs actually and reasonably incurred by the Contractor up to the effective date of
said termination, but in no event shall the Contractor be entitled to compensation in excess of the
total authorized releases to the date of termination.
18. GOVERNING LAW
18.1 Unless otherwise specified, this Agreement shall be governed by the law of the State of
New York, without reference to conflict of law principles. Any and all proceedings relating to
the subject matter hereof shall be maintained in New York State Supreme Court, Tompkins
County or the federal district court for the Northern District of New York, which courts shall
have exclusive jurisdiction for such purposes.
18.2 The effective date of this Agreement shall be the date of the Owner's signature.
CONTRACTOR’S NAME CORNELL UNIVERSITY
Contractor Owner
By: By:
Name: Name: Please print Please print
Title: Title:
Date: Date:
10 Rev. 07-2016
SPECIAL CONDITIONS
FOR
***
1. Qualifications of Bidders
All prospective bidders are hereby notified that, on request of the Owner, they must be
able to prove to the satisfaction of the Owner, that they have the skill and experience, as
well as the necessary facilities, ample financial resources, organization and general
reliability to do the work to be performed under the provisions of the Contract, in a
satisfactory manner and within the time specified.
2. Storage of Material and Equipment
All material shall be stored in a neat, orderly manner.
3. Temporary Power
The Contractor shall make arrangements for necessary temporary electrical power.
4. Construction Water
The Contractor shall make arrangements for necessary construction water.
5. Submittals
After execution of Contract, and ordering of material, submit for approval the list of all
materials, shop drawings and equipment proposed for use to avoid delay in construction
schedule. Intention of using specified materials does not relieve obligation of submitting
this list.
6. Compliance to Document
Follow drawings in the laying out of work and inspect locations of existing utilities and
site conditions to be dealt with in the execution of this work.
7. Permits
Contractor shall obtain, maintain and pay for all permits and licenses necessary for the
execution of the Work and for the use of such Work when completed. The Contractor
shall give all notices, pay all fees and comply with all laws, rules and regulations
applicable to the Work.
11 Rev. 07-2016
8. Environmental
Hazardous or Toxic Materials
A. Inform officers, employees, agents, contractors, subcontractors at every tier, and
any other party which may come into contact with any hazardous or toxic materials
as a result of its performance hereunder of the nature of such materials, and any
health and safety or environmental risks associated therewith.
B. Do not use hazardous or toxic materials in a manner that will violate Cornell
University Policies or any state, federal, or municipal environmental health and
safety regulations. In situations where the risks are unclear consult with
Environmental Health and Safety (EH&S) for guidance.
C. Provide complete care and treatment for any injury sustained by any parties
coming into contact with any hazardous or toxic materials as a result of
Contractor’s performance or failure to perform hereunder.
D. At the completion of project Contractor shall remove all unused chemical products
and hazardous materials from campus. Transportation of these materials shall be
in accordance with all federal, state, and local regulations. Request and receive
written approval from EH&S prior to disposal of any on-site disposal.
Disposal of Waste Material and Title
A. Prior to start of work and first payment, Contractor shall prepare and submit
“Contractor Waste Material Disposal Plan” (attached hereto) to the Owner’s
Representative. The plan shall identify the waste transportation and treatment,
storage or disposal (TSD) companies which will manage all waste material and any
site(s) for disposal of the waste material.
B. The “Contractor Waste Material Disposal Plan” form, together with definitions
associated with the form waste descriptions, is attached to this Section. Contractor
must use this form to document waste disposal methods and locations.
C. Contractor shall be responsible for the proper cleanup, containment, storage and
disposal of any hazardous material/chemical spill occurring during its work. For
Cornell University owned hazardous waste EH&S will oversee, approve or effect
the proper disposal. Title, risk of loss, and all other incidents of ownership to the
Waste Material, shall vest in Contractor at the time Contractor or any transporter
acting on its behalf takes physical possession of Waste Material. Complete and
maintain full records of the chain of custody and control, including certificates of
disposal or destruction, of all Waste Materials loaded, transported and/or disposed
of. Deliver all such records to the Owner in accordance with applicable laws and
regulations and any instructions from the Owner in a timely manner and in any
event prior to final payment(s) under this Contract.
12 Rev. 07-2016
9. Changes Within the Scope of the Work
The Contractor shall, with the written approval of the Owner's representative, and
without extra charge, make reasonable modifications in layout needed to prevent conflict
with existing conditions for proper execution of this work.
10. Clean Up
Contractor shall, at all times during the progress of the work, keep the site and adjacent
roads and sidewalks free from accumulation of waste matter, dirt and rubbish. At the
completion of the work, all excess materials, earth, etc., shall be removed from the site.
11. Supervision
Contractor shall supply services of an experienced and competent supervisor who shall
be constantly in charge of work at the site.
12. Representative of Cornell
The University will assign a representative of the Owner. Only directives from Cornell
University’s designated representative (NAME OF REPRESENTATIVE) shall be
recognized by the Contractor.
13. Construction Trades
All labor for this project which is normally under the jurisdiction of one of the local
unions as covered in the contract between the Tompkins-Cortland Building Trades
Council, Maintenance Division and Cornell University shall be performed by Union
labor.
14. New York State Prevailing Wage Rates
The Contractor shall, in good workmanlike manner, perform all the Work required by the
Contract within the time specified in the Contract. The Contractor shall comply with all
terms of the Contract, and shall do, carry on, and complete the entire Work to the
satisfaction of the Owner.
(a) All labor for this project shall be paid in accordance with the New York State
Department of Labor Prevailing Rate Case No. __________ dated
__________.
(b) The Contractor shall post the appropriate prevailing wage schedules in a
conspicuous place at the construction site.
(c) The Contractor is required to submit certified copies of its payrolls with each
invoice.
The Contractor is responsible for obtaining all updates, corrections and future copies of
the annual determination which are available at the Department of Labor website
(www.labor.state.ny.us).
Contractor Waste Material Disposal Plan
Revision date: May 2010
Page 1 of 2
1. Contractor Name: ________________________ Contact Name/Number/Email:
Project Name/Description: Contract No.:
Project Start Date: Project End Date: _ CU Project Manager:
2. Check all hazardous materials that will be generated as waste:
Category
Description Estimated Qi Source MSDS Available Waste
Management Re-Use
Transporter
Destination or Disposal
Location Cornell Contractor CU- Mgt Contractor Mgt EHS Grounds Solvents
PCBs
Asbestos
Lead
Mercury
Chromium
Other Toxic Metals
(describe in section 4)
Mold
Light Bulbs
Thermostats
Batteries
Used Oil
Contaminated PPE &
Materials
Other (describe in
section 4)
No hazardous waste
Contractor Waste Material Disposal Plan
Revision date: May 2010
Page 2 of 2
3. Check all non-hazardous wastes that will be generated during the project:
Category Disposal Facility Name Facility Address Facility
Phone
Transporter Estimated
Quantity
C&D
Clean soil
Non C&D solid waste
Other (describe in section IV)
No non-hazardous
waste will be generated
4. Further description of waste materials expected to be generated during the project:
5. Contractor Certification
I, _______________________________________, do hereby certify that I have identified above all waste materials expected to be generated by the
Project named in Section 1 and that I will dispose of all such waste materials in a legally permissible manner and location(s), in accordance with all
applicable federal, state, and local laws and regulations. I further certify that I will amend this form as appropriate if I, my representatives, employees or
subcontractors become aware of any additional wastes that will be generated by the Project. I further agree to notify the CU Project Manager if I become
aware of any legal non-compliance associated with disposal of Project wastes by anyone.
_____________________________________________
Contractor Signature Print Name Date
6. Submit completed forms to CU Project Manager. CU Project Manager must submit this completed form to CU Environmental Health and Safety Office
before start of work and before the first payment will be made. The completed form will be incorporated as an enforceable part of the contract. Forms to
be submitted electronically to EHS at EHSCWMDP@cornell.edu.
Definitions for Use with Contractor Waste Material Disposal Plan:
The following is not solid waste: Discarded materials that are being beneficially used pursuant to
6NYCRR Section 360-1.15
A material is disposed of if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or
on any land or water so that such material or any constituent thereof may enter the environment or be
emitted into the air or discharged into groundwater or surface water.
Asbestos: Any waste material containing the asbestiform varieties of: Chrysotile (serpentine); crocidolite
(riebeckite); amosite (cum- mingtonitegrunerite); anthophyllite; tremolite; and actinolite.
Batteries: All spent batteries being disposed that are regulated by New York State Department of
Environmental Conservation (NYDEC) in 6 New York Code of Rules and Regulations (NYCRR) Part 374-
3, or Environmental Protection Agency (EPA) in 40 Code of Federal Regulations (CFR) 273.2 as Universal
Waste Batteries.
Borrow Material: Fill material required for on-site construction that is obtained from other locations.
Chromium: Any waste containing chromium or contaminated with chromium that exceeds the Toxicity
Characteristic Leaching Procedure (TCLP) limit for chromium as defined in 6 NYCRR Part 371.3 or 40
CFR 261.24.
Clean Soil: Soil that is uncontaminated with any solid or hazardous waste, C&D Debris, trees, stumps,
yard waste or wood chips per definitions of those terms below.
Construction and Demolition (C&D) Debris: Uncontaminated solid waste resulting from the
construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid
waste resulting from land clearing. Such waste includes, but is not limited to bricks, concrete and other
masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land
clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals
other wastes, empty buckets ten gallons or less in size and having no more than one inch of residue
remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and
metals that are incidental to any of the above. Solid waste that is not C&D debris (even if resulting from the
construction, remodeling, repair and demolition of utilities, structures and roads and land clearing) includes,
but is not limited to asbestos waste, garbage, corrugated container board, electrical fixtures containing
hazardous liquids such as fluorescent light ballasts or transformers, fluorescent lights, carpeting, furniture,
appliances, tires, drums, containers greater than ten gallons in size, any containers having more than one
inch of residue remaining on the bottom and fuel tanks. Specifically excluded from the definition of
construction and demolition debris is solid waste (including what otherwise would be construction and
demolition debris) resulting from any processing technique, other than that employed at a department-
approved C&D debris processing facility, that renders individual waste components unrecognizable, such as
pulverizing or shredding. Also, waste contained in an illegal disposal site may be considered C&D debris if
the department determines that such waste is similar in nature and content to C&D debris.
Construction and Demolition Debris Processing Facility means a processing facility that receives and
processes construction and demolition debris by any means.
Contaminated PPE & Materials: Any personal protective equipment such as gloves, coveralls, boot
covers, respirator cartridges etc.; or rags, tools, articles or other material that has become adulterated by a
hazardous material, and which meets the definition of hazardous waste or is considered unsuitable for
disposal as regular trash.
Exempt C&D and Stump Facilities: The following facilities are exempt from Solid waste management
facility permitting requirements provided the facilities operate only between the hours of sunrise and sunset,
and (if the allowable waste comes from an off-site source) no fee or other form of consideration is required
for the privilege of using the facility for disposal purposes:
(i) A site at which only the following C&D debris is placed: recognizable uncontaminated concrete and
concrete products (including steel or fiberglass reinforcing rods that are embedded in the concrete), asphalt
pavement, brick, glass, soil and rock. (Recognizable means solid waste that can be readily identified as
C&D debris by visual observation.)
(ii) A landfill for the disposal of trees, stumps, yard waste and wood chips generated from these materials is
exempt when origin and disposal of such waste occur on properties under the same ownership or control.
Hazardous Waste: Any waste material that meets the definition of “hazardous waste” in 6 NYCRR 371.1
and 40 CFR 261.3 and that is not excluded by regulation.
Land Clearing Debris means vegetative matter, soil and rock resulting from activities such as land clearing
and grubbing, utility line maintenance or seasonal or storm-related cleanup such as trees, stumps, brush and
leaves and including wood chips generated from these materials. Land clearing debris does not include yard
waste which has been collected at the curbside.
Lead: Any metallic lead or waste material containing lead, e.g. waste paint chips, that exceed the Toxicity
Characteristic Leaching Procedure (TCLP) limit for lead as defined in 6 NYCRR Part 371.3 or 40 CFR
261.24.
Light Bulbs: All spent lamps or light bulbs being disposed that are regulated in 6 NYCRR Part 374-3 or
40 CFR 273.5.
Mercury: Liquid mercury or any waste containing mercury at levels exceeding the Toxicity Characteristic
Leaching Procedure (TCLP) limit for mercury as defined in 6 NYCRR Part 371.3 or 40 CFR 261.24.
Mold: Construction material or debris contaminated with mold fungus that is unsuitable for reuse.
Other Toxic Metals: Any waste containing a metal or contaminated by a metal identified in, and
exceeding the Toxicity Characteristic Leaching Procedure (TCLP) limit of 6 NYCRR Part 371.3 or 40 CFR
261.24.PCBs: All electrical articles and equipment or the used oil removed from them, containing
polychlorinated biphenyls at levels regulated by 6 NYCRR 371.4(e)
Scrap Metal: Bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that
may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars),
which when worn or superfluous can be recycled.
Solid Waste (Non C&D): Any garbage, refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded materials including solid, liquid,
semisolid, or contained gaseous material, resulting from industrial, commercial, mining and agricultural
operations, and from community activities, but does not include solid or dissolved materials in domestic
sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point
sources subject to permit under 33 USC 1342, or source, special nuclear or by-product material as defined
by the Atomic Energy Act of 1954, except as may be provided by existing agreements between the State of
New York and the government of the United States.
Solvents: Substances (usually liquid) suitable for, or employed in, solution, or in dissolving something; as,
water is the appropriate solvent for most salts, alcohol for resins, ether for fats, and mercury or acids for
metals, etc. Typically these are chemicals are used as paint thinners or cleaning solutions.
Spoil: Refuse material removed from an excavation.
Used Oil: Any oil refined from crude oil, or any synthetic oil, that has been used, and as a result of such
use is contaminated by physical or chemical impurities. “See 6 NYCRR 374-2 or 40 CFR 279”
Thermostats: Any mercury-containing thermostat as defined in 6 NYCRR 374-3.1(d), or 40 CFR 273.4
Uncontaminated C&D Debris: C&D Debris that is not mixed or commingled with other solid waste at the
point of generation, processing or disposal, and that is not contaminated with spills of a petroleum product,
hazardous waste or industrial waste. Contamination from spills of a petroleum product does not include
asphalt or concrete pavement that has come into contact with petroleum products through normal vehicle
use of the roadway.
FINAL RELEASE
FINAL WAIVER OF CLAIMS AND LIENS AND RELEASE OF RIGHTS
Date Contract Date
Project Contract Price
Address Net Extras and Deductions
City Adjusted Contract Price
County Amount Previously Paid
State Balance Due - Final Payment
The undersigned hereby acknowledges that the above Balance Due when paid represents payment in full for all labor, materials,
etc., furnished by the below named Contractor or Supplier in connection with its work on the above Project in accordance with the
Contract.
In consideration of the amounts and sums previously received, and the payment of $
being the full and Final Payment amount due, the below named Contractor or Supplier does hereby waive and release the Owner
from any and all claims and liens and rights of liens upon the premises described above, and upon improvements now or hereafter
thereon, and upon the monies or other considerations due or to become due from the Owner or from any other person, firm or
corporation, said claims, liens and rights of liens being on account of labor, services, materials, fixtures or apparatus heretofore
furnished by the below named Contractor or Supplier to the Project. The premises as to which said claims and liens are hereby
released are identified as follows:
The undersigned further represents and warrants that he/she is duly authorized and empowered to sign and execute this waiver
on his/her own behalf and on behalf of the company or business for which he/she is signing; that it has properly performed all
work and furnished all materials of the specified quality per plans and specifications and in a good and workmanlike manner, fully
and completely; that it has paid for all the labor, materials, equipment and services that it has used or supplied, that it has no other
outstanding and unpaid applications, invoices, retentions, holdbacks, expenses employed in the prosecution of work, chargebacks
or unbilled work or materials against the Owner as of the date of the aforementioned last and final payment application; and that
any materials which have been supplied or incorporated into the above premises were either taken from its fully-paid or open stock
or were fully paid for and supplied on the last and final payment application or invoice.
The undersigned further agrees to defend, indemnify and hold harmless the Owner for any losses or expenses (including
without limitation reasonable attorneys' fees) should any such claim, lien or right of lien be asserted by the below named
Contractor or Supplier or by any of its or their laborers, material person or subcontractors.
In addition, for and in consideration of the amounts and sums received, the below named Contractor or Supplier hereby
waives, releases and relinquishes any and all claims, rights or causes of action in equity or law whatsoever arising out of through
or under the above mentioned Contract and the performance of work pursuant thereto.
The below named Contractor or Supplier further guarantees that all portions of the work furnished and installed are in
accordance with the Contract and that the terms of the Contract with respect to this guarantee will remain in effect for the period
specified in said Contract.
Sworn to before me this Corporation or Business Name
Day of 20 By:
Title: