Common use of PROPOSAL SUBMISSION Clause in Contracts

PROPOSAL SUBMISSION. Delete the first sentence of the second paragraph and Substitute “Amendments will be provided via electronic means on the Authority’s website. Delete the last two paragraphs of this section. 102-06 BID DEPOSIT. Delete all the information in this section and Substitute the following: “Bids must be secured with either a bid bond or a bid deposit. A bid bond must be in the amount of 25% of the total bid and must be on the Authority’s Bid Bond Form (TA-44117) which is included in the Proposal. A bid deposit must be a certified check or cashier’s check made payable to the New York State Thruway Authority or the New York State Canal Corporation in the amount specified in the bid proposal. (Bidders must also submit a Statement of Surety’s Consent with the bid.) The retention and disposition of such bid bond or certified check or bank cashier's check by the Authority shall be pursuant to and in conformity with Section 38(2) of the Highway Law, as amended. Bidders are advised that the Thruway Authority has determined, in the exercise of its discretion, that if the apparent low bidder has submitted a certified check or cashier's check with their bid, they will not be permitted to bond their bid. The second low bidder, if they have submitted a certified check or cashier's check will be permitted to bond their bid as a matter of right; the Thruway Authority form TA-4426 is to be used for this purpose and may be obtained from the Contracts Unit at Authority Administrative Headquarters only.” 102-08 SAMPLE APPENDIX A - STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS. Delete this section in its entirety and Substitute the following: “102-08 STANDARD CLAUSES FOR ALL NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE CANAL CORPORATION CONSTRUCTION CONTRACTS AND FEDERALLY-FUNDED CONTRACTS (APPENDIX A). The parties to the attached contract, license, lease, amendment or other agreement of any kind (“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 and its agents, successors and assigns, other than the Thruway Authority (“Authority”) or Canal Corporation (“Corporation”), whether a contractor, licensor, licensee, lessor, lessee or any other party):

PROPOSAL SUBMISSION. Delete the first sentence of the second paragraph and Substitute “Amendments will be provided via electronic means on the Authority’s website. Delete the last two paragraphs of this section. 102-06 BID DEPOSIT. Delete all the information in this section and Substitute the following: “Bids must be secured with either a bid bond or a bid deposit. A bid bond must be in the amount of 255% of the total bid and must be on the Authority’s Bid Bond Form (TA-44117) which is included in the Proposal. A bid deposit must be a certified check or cashier’s check made payable to the New York State Thruway Authority or the New York State Canal Corporation in the amount specified in the bid proposal. (Bidders must also submit a Statement of Surety’s Consent with the bid.) The retention and disposition of such bid bond or certified check or bank cashier's check by the Authority shall be pursuant to and in conformity with Section 38(2) of the Highway Law, as amended. Bidders are advised that the Thruway Authority has determined, in the exercise of its discretion, that if the apparent low bidder has submitted a certified check or cashier's check with their bid, they will not be permitted to bond their bid. The second low bidder, if they have submitted a certified check or cashier's check will be permitted to bond their bid as a matter of right; the Thruway Authority form TA-4426 is to be used for this purpose and may be obtained from the Contracts Unit at Authority Administrative Headquarters only.” 102-08 SAMPLE APPENDIX A - STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS. Delete this section in its entirety and Substitute with the following: “102-08 APPENDIX A - STANDARD CLAUSES FOR ALL NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE CANAL CORPORATION CONTRACTS (TAP-326) OR CONSTRUCTION CONTRACTS AND FEDERALLY-FEDERALLY FUNDED CONTRACTS (TAP-327), SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (APPENDIX AA-1 AND APPENDIX A-2 – FOR FEDERALLY AIDED CONTRACTS ONLY). The parties Applicable APPENDIX A – Standard Clauses for New York State Thruway Authority Contracts (TAP-326 or TAP-327 for Federal Aided Contracts) will be found in the Project Proposal. Appendix A-1 and Appendix A-2 below will apply to Federal Aided contracts, and they supplement TAP-327. SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT) (APPENDIX A-1 – FOR FEDERALLY AIDED CONTRACTS ONLY) During the attached performance of this contract, licensethe Contractor, leasefor itself, amendment or other agreement of any kind its assignees and successors in interest (“hereinafter referred to as the contract” or “this contract”"Contractor") 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 and its agents, successors and assigns, other than the Thruway Authority (“Authority”) or Canal Corporation (“Corporation”), whether a contractor, licensor, licensee, lessor, lessee or any other party):agrees as follows:

PROPOSAL SUBMISSION. Delete the first sentence of the second paragraph and Substitute “Amendments will be provided via electronic means on the Authority’s website. Delete the last two paragraphs of this section. 102-06 BID DEPOSIT. Delete all the information in this section and Substitute the following: “Bids must be secured with either a bid bond or a bid deposit. A bid bond must be in the amount of 25% of the total bid and must be on the Authority’s Bid Bond Form (TA-44117) which is included in the Proposal. A bid deposit must be a certified check or cashier’s check made payable to the New York State Thruway Authority or the New York State Canal Corporation in the amount specified in the bid proposal. (Bidders must also submit a Statement of Surety’s Consent with the bid.) The retention and disposition of such bid bond or certified check or bank cashier's check by the Authority shall be pursuant to and in conformity with Section 38(2) of the Highway Law, as amended. Bidders are advised that the Thruway Authority has determined, in the exercise of its discretion, that if the apparent low bidder has submitted a certified check or cashier's check with their bid, they will not be permitted to bond their bid. The second low bidder, if they have submitted a certified check or cashier's check will be permitted to bond their bid as a matter of right; the Thruway Authority form TA-4426 is to be used for this purpose and may be obtained from the Contracts Unit at Authority Administrative Headquarters only.” 102-08 SAMPLE APPENDIX A - STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS. Delete this section in its entirety and Substitute the following: “102-08 STANDARD CLAUSES FOR ALL NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE CANAL CORPORATION CONSTRUCTION CONTRACTS AND FEDERALLY-FUNDED CONTRACTS (APPENDIX A). The parties to the attached contract, license, lease, amendment or other agreement of any kind (“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 and its agents, successors and assigns, other than the Thruway Authority (“Authority”) or Canal Corporation (“Corporation”), whether a contractor, licensor, licensee, lessor, lessee or any other party):

PROPOSAL SUBMISSION. Delete the first sentence of the second paragraph and Substitute “Amendments will be provided via electronic means on the Authority’s website. Delete the last two paragraphs of this section. 102-06 BID DEPOSIT. Delete all the information in this section and Substitute the following: “Bids must be secured with either a bid bond or a bid deposit. A bid bond must be in the amount of 255% of the total bid and must be on the Authority’s Bid Bond Form (TA-44117) which is included in the Proposal. A bid deposit must be a certified check or cashier’s check made payable to the New York State Thruway Authority or the New York State Canal Corporation in the amount specified in the bid proposal. (Bidders must also submit a Statement of Surety’s Consent with the bid.) The retention and disposition of such bid bond or certified check or bank cashier's check by the Authority shall be pursuant to and in conformity with Section 38(2) of the Highway Law, as amended. Bidders are advised that the Thruway Authority has determined, in the exercise of its discretion, that if the apparent low bidder has submitted a certified check or cashier's check with their bid, they will not be permitted to bond their bid. The second low bidder, if they have submitted a certified check or cashier's check will be permitted to bond their bid as a matter of right; the Thruway Authority form TA-4426 is to be used for this purpose and may be obtained from the Contracts Unit at Authority Administrative Headquarters only.” 102-08 SAMPLE APPENDIX A - STANDARD CLAUSES FOR ALL NEW YORK STATE CONTRACTS. Delete this section in its entirety and Substitute the following: “102-08 STANDARD CLAUSES FOR ALL NEW YORK STATE THRUWAY AUTHORITY AND NEW YORK STATE CANAL CORPORATION CONSTRUCTION CONTRACTS AND FEDERALLY-FUNDED CONTRACTS (APPENDIX TAP-327 (00-0000) XXXXXXXX A). The parties to the attached contract, license, lease, amendment or other agreement of any kind (“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 and its agents, successors and assigns, other than the Thruway Authority (“Authority”) or Canal Corporation (“Corporation”), whether a contractor, licensor, licensee, lessor, lessee or any other party):