HomeMy WebLinkAboutLaser Industries - Drainage CR 48 to Mattituck Creek COVER SHEET FOR DOCUM NTLc
Sent To: ti)n L').
Sent By: TOWN ATTORNEY, PAUL M. DECHANCE
DEPUTY T/A, JACK SQUICCIARINI
ASSISTANT T/A, JULIE M. MCGIVNEY
ASSISTANT T/A, BENJAMIN JOHNSON
CONFIDENTIAL SECRETARY, AMY SCHLACHTER--)—c
Type Of Agreement: '4 r'c+
Nature Of Contract/Agreement
L0xdvs4y;ts 46 el)104-06L k'
RECEIVED
Nov 1 t 2Qat
Siouthold Town Clerk
RESOLUTION 2024-464
qe� �a;
ADOPTED DOC ID: 20287
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-464 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 21, 2024:
WHEREAS, a Project for installing storm water leaching basins and infiltrate the storm water
into the ground instead of discharging to the outfall system from County Route 48 to Mattituck
Creek(Love Lane), P.I.N. #OMA482.30A(the"Project")is eligible for funding under Title 23
U.S. Code, as amended, and New York State's Multi-Modal Program administered by the NYS
Department of Transportation("NYSDOT"'); and
WHEREAS,the Town of Southold desires to advance the Project by making a commitment of
advance funding of the non-local share and funding of the full local share of the costs of the
Project, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby approves the above subject
Project,in place of the project description and location previously authorized by Resolution
2020-240; and it is further
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town of
Southold to pay in the first instance 100%of the federal and non-federal share of the cost of the
replacing and upgrading of drainage for the Project or portions thereof, and it is further
RESOLVED that the sum of$50,000 is hereby appropriated from the General Fund and made
available to cover the cost of participation in the above phase of the Project; and it is further
RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds
the amount appropriated above,the Town of Southold shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State
Department of Transportation thereof; and it is further
RESOLVED that in the event the full federal and non-federal share costs of the Project exceeds
the amount appropriated above,the Town of Southold shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the New York State
Department of Transportation thereof; and it is further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Albert J Krupski,Jr. to execute all necessary Agreements,certifications or
reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the
Town of Southold with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality's first instance funding of Project costs and permanent funding of the local share
kesolution 2024-464 Board Meeting of May 21,2024
of federal-aid and all Project costs that are not so eligible; and it is further
RESOLVED that a certified copy of this Resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project; and it is further
RESOLVED that a certified copy of this Resolution be filed with the Commissioner of
Transportation of the State of New York by attaching it to any required and/or appropriate
Agreements executed in connection with the Project between the Town of Southold and the State
of New York; and it is further
RESOLVED that this Resolution shall take effect immediately.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans,Justice
SECONDER:Greg Doroski, Councilman
AYES: Doroski,Mealy, Smith, Krupski Jr,Evans
ABSENT: Jill Doherty
Updated: 5/21/2024 12:39 PM by Lynda Rudder Page 2
SUPPL(0612023) Supplemental Agreement Cover for Local Agreements
Sponsor:Town of Southold
PIN: OMA482.30A BIN: N/A
Comptroller's Contract No. D040244
Supplemental Agreement No.1
Date Prepared:10/1/24 By:TA
Press F1 for instructions in the blank fields: Initials
SUPPLEMENTAL AGREEMENT No. 1 to D040244 (Comptroller's contract No.)
This Supplemental Agreement is by and between:
the New York State Department of Transportation ("NYSDOT'), having its principal office at 50
Wolf Road,Albany, NY 12232, on behalf of New York State ("State")
and
Town of Southold (the Sponsor)
Acting by and through the Town Supervisor
with its office at PO BOX 1179, Southold, NY 11971.
This amends the existing Agreement between the parties, in the following respects only:
Amends a previously adopted Schedule A by (check as applicable):
® amending a project description
❑X amending the contract end date
❑ amending the scheduled funding by:
❑ adding additional funding (check and enter the #phase(s) as applicable):
❑ adding phase which covers eligible costs incurred on/after / /
❑ adding phase which covers eligible costs incurred on/after / /
❑ increasing funding for a project phase(s)
❑ adding a pin extension
❑ change from Non-Marchiselli to Marchiselli
❑ deleting/reducing funding for a project phase(s)
❑ other (
❑ Amends a previously adopted Schedule "B" (Phases, Sub-phase/Tasks, and Allocation of
Responsibility)
] Amends a previously adopted Agreement by replacing.the Appendix A dated October 2019
with the Appendix A dated June 2023.
❑ Amends a previously adopted Agreement by adding:
❑ Appendix B M/WBE/SDVOB.
❑ Retention Exhibit.
❑ Other:
® Amends the text of the Agreement as follows (insert text below):
Scope change to: Installing storm water leaching basins & infiltrate storm water into
the ground instead, from County Road 48 to Mattituck Creek (Love Lane).
1
Press F1 to see instructions in blank fields _
MUNICIPALITY/SPONSOR:Town of Southold
PROJECT ID NUMBER: OMA482.30A BIN:
PHASE: PER SCHEDULES A
representative and the Sponsor has caused this Agreement to be signed by its duly authorized officer
MUNICIPALITY/SPONSOR:
By:
Print Name:__Albe-,A -1 , K4kVr—A �✓ �_
Title: 1XISr(Itsa2
Date-
STATE OF NEW YORK )
SS:
COUNTY OF Nassau S—frfjl�— )
On this _ day �v 2 20 before me personally came
6,A JSt=� t,�- til me known, who being Hy me duly sworn did depose and say that
he/she resides at �� , t") oZr-, that,he/she
is the .-A4 2ke r Tow, ,ci-"✓j 15cL4 of the Municipality/Sponsor described in and which
executed tfiA above instrument; that he/she was authorized to execute the document on behalf of said
Municipality/Sponsor pursuant to a resolution which was duly adopted on and to which a
certified copy is attached and made a part hereof; and that he/she signed his nam6 thereto y like order.
LAUREN M.STANDISH A
NOTARY PUBLIC.STATE OF NEW YORK /I
Registration No.o1 ST6164008 a1 A, n �.n/1,c !l t �YY Uw r
Qualified in Suffolk Coun n Notary Public
commission Expires April 9,0 f
APPROVED FOR NYSDOT: APPROVED AS TO FORM:
'. STATE OF NEW YORK ATTORNEY GENERAL
By: By:
For Commissioner of Transportation' Assistant Attorney General
Agency Certification:In addition to the acceptance of this
contract I also certify that original copies of this signature Date:
page will be attached to all other exact copies of this contract.
Date: OCT 0 2 2024 COMPTROLLER'S APPROVAL
APPROVED
By: DEPT.OF AUDIT&CONTROL
For the New York State Corr ptroller
Pursuant to State Finance Law§1 2 Oct 17 2024
Carol Hayes
Date:
FOR THE STATE COMPTROLLER
10
Multi-Modal Project Agreement ' Schedule A for PIN: OMA482.30A Page 1 of 2
Instruction: One Schedule may be used for all Phases OSC Contract# D040244
Project Start Date: 02/01/2021 Project Completion Date: 11/01/2029
AGREEMENT PURPOSE: ❑ MAIN (Master)Agreement ® SUPPLEMENTAL Agreement
AGREEMENT(Check all boxes that apply as shown in area below):
❑ Multi-Modal (MM) Program#1 (MM#1) ❑ MM#2 ❑ MM#3 ® MM#4
❑ Multi-Modal Program#1, 2, 3 or 4 &other State Funding ❑ Multi-Modal Program#1, 2, 3 or 4&Federal Aid
❑ Multi-Modal Program#1,2, 3 or 4&other State Funding &Federal Aid
PROJECT TYPE (Check only one box below):
❑ Rail ❑ Port ❑Aviation ❑ State System Highway/Bridge ® Local Highway/Bridge ❑ Fixed Ferry Facility
MULTI-MODAL PROJECT ID NUMBER:
Project Title: Installing storm water leaching basins&infiltrate the storm water into the ground instead of discharging
to the outfall system from County Road 48 to Mattituck Creek(Love Lane)
Project Location: Town of Southold Route/Name:Wicham Ave
From: Mill Lane To: Wolf Pit Lake
Project Owner/Operating &Maintenance Responsibility: Town of Southold
Type of Organization:
® Municipality ❑ Public Authority ❑ Not-for-Profit Corporation ❑Tax-exempt
❑ Railroad Corporation ❑Transportation Corporation ❑ Educational Corporation
❑ Business Corporation ❑ Partnership ❑ Proprietorship ❑ Other(list):
Check Project Phases Covered by this Agreement:
❑ P.E./Design ❑ ROW Incidentals ❑Acquisition ® Construction, C/I, &C/S
List all applicable 6 or 9-digit PIN Fiscal Shares eligible for Multi-Modal funding (OMA462.30A):
Eligible Project Type: (Please check one
_Highway Resurfacing _Bridge Rehabilitation _New Highway Construction _New Bridge Construction
X_Highway Reconstruction _Bridge Replacement _Interchange Const.\Reconstruction _Intersection Improvement
Aviation (Is this project consistent with an approved Airport Layout Plan)? _Yes _No
Other(Please explain):
A. Legislatively Approved Multi-Modal Funding in Memorandum of Understanding
Reference or, if
applicable, List Project Project Title Maximum Authorized
Identification Number Multi-Modal Funding Amount
Project Title: Installing storm water leaching basins&
infiltrate the storm water into the ground instead of
OMA482.30A discharging to the outfall system from County Road 48 to $50,000.00
Mattituck Creek(Love Lane)
TOTAL $50,000.00
Multi-Modal Project Agreement — Schedule A Page 2 of 2
B. Summary of Ap roved Multi-Modal Costs UNDER THIS CONTRACT Number
List Eligible Funding Share(s) STATE LOCAL TOTALS
by applicable MULTI-MODAL Funding
Project ID Number(PIN) Funds If Applicable)
OMA482.30A $50,000.00 $0.00 $50,000.00
TOTAL ELIGIBLE COSTS $50,000.00 $0.00 $50,000.00
C. Summary of Project Costs NOT Under this Contract#, if any (For Information Purposes Only)
List any List Name of Fund List any List any
Other SOURCE Type Other Other
Funding or (e.g., OtherMM1, MM2, STATE FEDERAL
Fiscal MM3, MM4, 100% Local Funding or
Share(s) by Expenditure, Other State Amounts NON-STATE TOTALS
Project ID Source(e.g., Member Item, (Local)
Number or PIN CHIPS, etc.), Public Funding
(if applicable) Authority, Private, Utility, Amounts
Other Federal Aid Category)
TOTAL Other Costs: $ $
D.TOTAL PROJECT COST SUMMARY(all Section "B" + "C" funding listed above)
TOTAL TOTAL TOTAL TOTAL TOTAL FUNDING
FEDERAL AID MULTI-MODAL LOCAL OTHER AID (all sources)
(if applicable) STATE SHARE(S) SHARE (including any
Other State Aid)
$0.00 $50,000.00 $0.00 $0.00 $50,000.00
Footnotes:
(Rev 11-2022)
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
PLEASE RETAIN THIS DOCUMENT
FOR FUTURE REFERENCE.
June 2023
STANDARD CIAUSES FOR HYS COUTRACTS APPBiUQlA
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
6. Wage and Hours Provisions 3-4
7. Non-Collusive Bidding Certification 4
8. International Boycott Prohibition 4
9. Set-Off Rights 4
10. Records 4
11. Identifying Information and Privacy Notification 4
12. Equal Employment Opportunities For Minorities and Women 5
13. Conflicting Terms 5
14. Governing Law 5
15. Late Payment 5
M. No Arbitration 5
17. Service of Process 5
18. Prohibition on Purchase of Tropical Hardwoods 5-6
19. MacBride Fair Employment Principles 6
20. Omnibus Procurement Act of 1992 6
21. Reciprocity and Sanctions Provisions 6
22. Compliance with Breach Notification and Data Security Laws 6
23. Compliance with Consultant Disclosure Law 6
24. Procurement Lobbying 7
25. Certification of Registration to Collect.Sales and Compensating Use Tax by Certain 7
State Contractors,Affiliates and Subcontractors
26. Iran Divestment Act 7
27. Admissibility of.Contract 7
Page 2 June 2023
STANDARD CLAUSES FOR NYS CONTRACTS APPO MD(A
STANDARD CLAUSES FOR NYS CONTRACTS 4. WORKERS' COMPENSATION BENEFITS. In
accordance with Section 142 of the State Finance Law, this
The parties to the attached contract, license,lease,amendment contract shall be void and of no force and effect unless the
or other agreement of any kind(hereinafter, "the contract" or Contractor shall provide and maintain coverage during the life
"this contract") agree to be bound by the following clauses of this contract for the benefit of such employees as are required
which are hereby made a part of the contract (the word to be covered by the provisions of the Workers'Compensation
"Contractor" herein refers to any party other than the State, Law.
whether a contractor, licenser, licensee, lessor, lessee or any
other party): 5. NON-DISCRIMINATION REQUIREMENTS. To the
extent required by Article 15 of the Executive Law(also known
1. EXECUTORY CLAUSE. In accordance with Section 41 as the Human Rights Law) and all other State and Federal
of the State Finance Law,the State shall have no liability under statutory and constitutional non-discrimination provisions, the
this contract to the Contractor or to.anyone else beyond funds Contractor will not discriminate against any employee or
appropriated and available for this contract. applicant for employment, nor subject any individual to
harassment,because of age,race,creed,color,national origin,
2. NON-ASSIGNMENT CLAUSE. In accordance with citizenship or immigration status, sexual orientation, gender
Section 138 of the State Finance Law,this contract may not be identity or expression, military status, sex, disability,
assigned by the Contractor or its right,title or interest therein predisposing genetic characteristics, familial status, marital
assigned,transferred,conveyed,sublet or otherwise disposed of status, or domestic violence victim status or because the
without the State's previous written consent,and attempts to do individual has opposed any practices forbidden under the
so are null and void. Notwithstanding the foregoing,such prior Human Rights Law or has filed a complaint, testified, or
written consent of an assignment of a contract let pursuant to assisted in any proceeding under the Human Rights Law.
Article XI of the State Finance Law may be waived at the Furthermore, in accordance with Section 220-e of the Labor
discretion of the contracting agency and with the concurrence Law,if this is a contract for the construction,alteration or repair
of the State Comptroller where the original contract was subject of any public building or public work or for the manufacture,
to the State Comptroller's approval, where the assignment is sale or distribution of materials,equipment or supplies, and to
due to a reorganization, merger or consolidation of the the extent that this contract shall be performed within the State
Contractor's business entity or enterprise. The State retains its of New York, Contractor agrees that neither it nor its
right to approve an assignment and to require that any subcontractors shall,by reason of race, creed,color,disability,
Contractor demonstrate its responsibility to do business with sex, or national origin: (a) discriminate in hiring against any
the State. The Contractor may, however, assign its right to New York State citizen who is qualified and available to
receive payments without the State's prior written consent perform the work;or(b)discriminate against or intimidate any
unless this contract concerns Certificates of Participation employee hired for the performance of work under this contract.
pursuant to Article 5-A of the State Finance Law. If this is a building service contract as defined in Section 230 of
the Labor Law,then, in accordance with Section 239 thereof,
3. COMPTROLLER'S APPROVAL. In accordance with Contractor agrees that neither it nor its subcontractors shall by
Section 112 of the State Finance Law,if this contract exceeds reason of race, creed, color, national origin, age, sex or
$50,000(or$75,000 for State University of New York or City disability: (a) discriminate in hiring against any New York
University of New York contracts for goods, services, State citizen who is qualified and available to perform the work;
construction and printing, and $150,000 for State University or(b)discriminate against or intimidate any employee hired for
Health Care Facilities) or if this is an amendment for any the performance of work under this contract. Contractor is
amount to a contract which, as so amended, exceeds said subject to fines of$50.00 per person per day for any violation
statutory amount,or if,by this contract,the State agrees to give of Section 220-e or Section 239 as well as possible termination
something other than money when the value or reasonably of this contract and forfeiture of all moneys due hereunder for
estimated value of such consideration exceeds$25,000,it shall a second or subsequent violation.
not bevalid,effective or binding upon the State until it has been
approved by the State Comptroller and filed in his office. 6. WAGE AND HOURS PROVISIONS. If this is a public
Comptroller's approval of contracts let by the Office of General work contract covered by Article 8 of the Labor Law or a
Services,either for itself or its customer agencies by the Office building service contract covered by Article 9 thereof,neither
of General Services Business Services Center,is required when Contractor's employees nor the employees of its subcontractors
such contracts exceed $85,000. Comptroller's approval of may be required or permitted to work more than the number of
contracts established as centralized contracts through the Office hours or days stated in said statutes, except as otherwise
of General Services is required when such contracts exceed provided in the Labor Law and as set forth in prevailing wage
$125,000, and when a purchase order or other procurement and supplement schedules issued by the State Labor
transaction issued under such centralized contract exceeds Department. Furthermore, Contractor and its subcontractors
$200,000. 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
Page 3 June 2023
STANDARD CIAOSES FOR NYS CONTRACTS APPFI7001A
i
accordance with the Labor Law. Additionally,effective April must be kept for the balance of the calendar year in which they
28, 2008,if this is a public work contract covered by Article 8 were made and for six(6)additional years thereafter. The State
of the Labor Law,the Contractor understands and agrees that Comptroller, the Attorney General and any other person or
the filing of payrolls in a manner consistent with Subdivision 3- entity authorized to conduct an examination, as well as the
a of Section 220 of the Labor Law shall be a condition precedent agency or agencies involved in this contract,shall have access
to payment by the State of any State approved sums due and to the Records during normal business hours at an office of the
owing for work done upon the project. Contractor within the State of New York or,if no such-office is
available,at a mutually agreeable and reasonable venue within
7. NON-COLLUSIVE BIDDING CERTIFICATION. In the State, for the term specified above for the purposes of
accordance with Section 139-d of the StateFinance Law,if this inspection, auditing and copying. The State shall take
contract was awarded based upon the submission of bids, reasonable steps to protect from public disclosure any of the
Contractor affirms, under penalty of perjury, that its bid was Records which are exempt from disclosure under Section 87 of
arrived at independently and without collusion aimed at the Public Officers Law (the"Statute") provided that: (i)the
restricting competition. Contractor further affirms that, at the Contractor shall timely inform an appropriate State official, in
time Contractor submitted its bid,an authorized and responsible writing,that said records should not be disclosed;and(ii)said
person executed and delivered to the State a non-collusive records shall be sufficiently identified;and(iii)designation of
bidding certification on Contractor's behalf. said records as exempt under the Statute is reasonable. Nothing
contained herein shall diminish,or in any way adversely affect,
8. INTERNATIONAL BOYCOTT PROHIBITION. In the State's right to discovery in any pending or future litigation.
accordance with Section 220-f of the Labor Law and Section
139-hof the State Finance,Law,if this contract exceeds$5,000, 11. IDENTIFYING INFORMATION AND PRIVACY
the Contractor agrees,as a material condition of the contract, NOTIFICATION. (a) Identification Number(s). Every
that neither the Contractor nor any substantially owned or invoice or New York State Claim for Payment submitted to a
affiliated person, firm, partnership or corporation has New York State agency by a payee,for payment for the sale of
participated, is participating, or shall participate in. an goods or services or for transactions (e.g., leases, easements,
international boycott in violation of the federal Export licenses,etc.)related to real or personal property must include
Administration Act of 1979 (50 USC App. Sections 2401 et the payee's identification number. The number is any or all of
seq.) or regulations thereunder. If such Contractor, or any of the following: (i)the payee's Federal employer identification
the aforesaid affiliates of Contractor, is convicted or is number,(ii)the payee's Federal social security number,and/or
otherwise found to have violated said laws or regulations upon (iii)the payee's Vendor Identification Number assigned by the
the final determination of the United States Commerce Statewide Financial System. Failure to include such number or
Department or any other appropriate agency of the United numbers may delay payment. Where the payee does not have
States subsequent to the contract's execution, such contract, such number or numbers,the payee,on its invoice or Claim for
amendment or modification thereto shall be rendered forfeit and Payment,must give the reason or reasons why the payee does
void. The Contractor shall so notify the State Comptroller not have such number or numbers.
within five(5)business days of such conviction,determination
or disposition of appeal(2 NYCRR§ 105.4). (b)Privacy Notification. (1) The authority to request the above
personal information from a seller of goods or services or a
9.SET-OFF RIGHTS. The State shalfhave all of its common lessor of real or personal property,and the authority to maintain
law,equitable and statutory rights-of set-off. These rights shall such information,is found in Section 5 of the State Tax Law.
include,but not be limited to,the State's option to withhold for Disclosure of this information by the seller or lessor to the State
the purposes of set-off any moneys due to the Contractor under is mandatory.The principal purpose for which the information
this contract up to any amounts due and owing to the State with is collected is to enable the State to identify individuals,
regard to this contract, any other contract with any State businesses and others who have been delinquent in filing tax
department or agency, including any contract for a term returns or may have understated their tax liabilities and to
commencing priorto the term of this contract,plus any amounts generally identify persons affected by the taxes administered by
due and owing to the State for any other reason including, the Commissioner of Taxation and Finance. The information
without limitation, tax delinquencies, fee delinquencies or will be used for tax administration purposes and for any other
monetary penalties relative thereto. The State shall exercise its purpose authorized by law. (2) The personal information is
set-off rights in accordance with normal State practices requested by the purchasing unit of the agency contracting.to
including, in cases of set-off pursuant to an audit, the purchase the goods or services or lease the real or personal
finalization of such audit by the State agency, its property covered by this contract or lease.The information is
representatives,or the State Comptroller. maintained in the Statewide Financial System by the Vendor
Management Unit within the Bureau of State Expenditures,
10. RECORDS. The Contractor shall establish and maintain Office of the State Comptroller;110 State Street,Albany,New
complete and accurate books,records,documents,accounts and York 12236.
other evidence directly pertinent to performance under'this
contract(hereinafter,collectively,the"Records"). The Records
Page 4 June 2023
STANDARD MOSES FOR NYS CONTRACTS NPINDRA
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR apply to: (i)work,goods or services unrelated to this-contract;
MINORITIES AND WOMEN. In accordance with Section or (ii) employment outside New York State. The State shall
312 of the Executive Law and 5 NYCRR Part 143, if this consider compliance by a contractor or subcontractor with the
contract is: (i) a written agreement or purchase order requirements of any federal law concerning equal employment
instrument, providing for a total expenditure in excess of opportunity which effectuates the purpose of this clause. The
$25,000.00, whereby a contracting agency is committed to contracting agency shall determine whether the imposition of
expend or does expend funds in return for labor, services, the requirements of the provisions hereof duplicate or conflict
supplies, equipment, materials or any combination of the with any such federal law and if such duplication or conflict
foregoing,to be performed for,or rendered or furnished to the exists, the contracting agency shall waive the applicability of
contracting agency; or (ii) a written agreement in excess of Section 312 to the extent of such duplication or conflict.
$100,000.00 whereby a contracting agency is committed to Contractor will comply with all duly promulgated and lawful
expend or does expend funds for the acquisition,construction, rules and regulations of the Department of Economic
demolition, replacement, major repair or renovation of real Development's Division of Minority and Women's Business
property and improvements thereon;or(iii)a written agreement Development pertaining hereto.
in excess of$100,000.00 whereby the owner of a State assisted
housing project is committed to expend or does expend funds 13. CONFLICTING TERMS. In the event of a conflict
for the acquisition, construction, demolition, replacement, between the terms of the contract (including any and all
major repair or renovation of real property and improvements attachments thereto and amendments thereof)and the terms of
thereon for such project,then the following shall apply and by this Appendix A,the terms of this Appendix A shall control.
signing this agreement the Contractor certifies and affirms that
it is Contractor's equal employment opportunity policy that: 14.GOVERNING LAW. This contract shall be governed by
the laws of the State of New York except where the Federal
(a) The Contractor will not discriminate against employees or supremacy clause requires otherwise.
applicants for employment because of race, creed, color,
national origin,sex,age,disability or marital status,shall make 15. LATE PAYMENT. Timeliness of payment and any
and document its conscientious and active efforts to employ and interest to be paid to Contractor for late payment shall be
utilize minority group members and women in its work force governed by Article 11-A of the State Finance Law to the extent
on State contracts and will undertake or continue existing required by law.
programs of affirmative action to ensure that minority group
members and women are afforded equal employment 16. NO ARBITRATION. Disputes involving this contract,
opportunities without discrimination. Affirmative action shall including the breach or alleged breach thereof, may not be
mean recruitment, employment, job assignment, promotion, submitted to binding arbitration (except where statutorily
upgradings,demotion,transfer,layoff,or termination and rates authorized),but must,instead,be heard,in a court of competent
of pay or other forms of compensation; jurisdiction of the State of New York.
(b) at the request of the contracting agency,the Contractor shall 17.SERVICE OF PROCESS. In addition to the methods of
request each employment agency, labor union, or authorized service allowed by the State Civil Practice Law & Rules
representative of workers with which it has a collective ("CPLR"), Contractor hereby consents to service of process
bargaining or other agreement or understanding, to furnish a upon it by registered or certified mail,return receipt requested.
written statement that such employment agency,labor union or Service hereunder shall be complete upon Contractor's actual
representative will not discriminate on the basis of race,creed, receipt of process or upon the State's receipt of the return
color,national origin,sex, age,disability or marital status and thereof by the United States Postal Service as refused or
that such union or representative will affirmatively cooperate in undeliverable. Contractor must promptly notify the State,in
the implementation of the Contractor's obligations herein;and writing,of each and every change of address to which service
of process can be made. Service by the State to the last known
(c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30)
advertisements for employees,that, in the performance of the calendar days after service hereunder is complete in which to
State contract, all qualified applicants will be afforded equal respond.
employment opportunities without discrimination because of
race,creed,color,national origin,sex,age,disability or marital 18. PROHIBITION ON PURCHASE OF TROPICAL
status. HARDWOODS.The Contractor certifies and warrants that all
wood products to be used under this contract award will be in
Contractor will include the provisions of "(a), (b) and (c)" accordance with, but-not limited to, the specifications and
above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of
construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of
renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State
improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public
for the beneficial use of the Contractor. Section 312 does not benefit corporation.Qualification for an exemption under this
Page 5 June 2023
STANDARD CLAUSES FOR HYS CONTRACTS APPBDBIA
law will be the responsibility of the contractor to establish to
meet with the approval of the State. (a) The Contractor has made reasonable efforts to encourage
the participation of New York State Business Enterprises as
In addition,when any portion of this contract involving the use suppliers and subcontractors,including certified minority-and
of woods,whether supply or installation,is to be performed by women-owned business enterprises, on this project, and has
any subcontractor, the prime Contractor will indicate and retained the documentation of these efforts to be provided upon
certify in the submitted bid proposal that the subcontractor has request to the State;
been informed and is in compliance with specifications and
provisions regarding use of tropical hardwoods as detailed in (b) The Contractor has complied with the Federal Equal
§ 165 State Finance Law. Any such use must meet with the Opportunity Act of 1972(P.L.92-261),as amended;
approval of the State;otherwise,the bid may not be considered
responsive.Under bidder certifications,proof of qualification (c)The Contractor agrees to make reasonable efforts to provide
for exemption will be the responsibility of the Contractor to notification to New York State residents of employment
meet with the approval of the State. opportunities on this project through listing any such positions
with the Job Service Division of the New York State
19.MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In Department of Labor, or providing such notification in such
accordance with the MacBride Fair Employment Principles manner as is consistent with existing collective bargaining
(Chapter 807 of the Laws of 1992), the Contractor hereby contracts or agreements. The Contractor agrees to document
stipulates that the Contractor either (a) has no business these efforts, and to provide said documentation to the State
operations in Northern Ireland,or(b)shall take lawful steps in upon request;and
good faith to conduct any business operations in Northern
Ireland in accordance with the MacBride Fair Employment (d)The Contractor acknowledges notice that the State may seek
Principles(as described in Section 165 of the New York State to obtain offset credits from foreign countries as a result of this
Finance Law), and shall permit independent monitoring of contract and agrees to cooperate with the State in these efforts.
compliance with such principles.
21. RECIPROCITY AND SANCTIONS PROVISIONS.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the Bidders are hereby notified that if their principal place of
policy of New York State to maximize opportunities for the business is located in a country, nation, province, state or
participation of New York State business enterprises,including political subdivision that penalizes New York State vendors,
minority-and women-owned business enterprises as bidders, and if the goods or services they offer will be substantially
subcontractors and suppliers on its procurement contracts. produced or performed outside New York State,the Omnibus
Procurement Act 1994 and 2000 amendments(Chapter 684 and
Information on the availability of New York State Chapter 383, respectively, codified in State Finance Law
subcontractors and suppliers is available from: § 165(6) and Public Authorities Law §2879(5)) require that
they be denied contracts which they would otherwise obtain.
NYS Department of Economic Development NOTE: As of May 2023,the list of discriminatory jurisdictions
Division for Small Business and Technology Development subject to this provision includes the states of South Carolina,
625 Broadway Alaska;West Virginia,Wyoming,Louisiana and Hawaii.
Albany,New York 12245
Telephone: 518-292-5100 22. COMPLIANCE WITH BREACH NOTIFICATION
AND DATA SECURITY LAWS. Contractor shall comply
A directory of certified minority-and women-owned business with the provisions of the New York State Information Security
enterprises is available from: Breach and Notification Act(General Business Law§§899-aa
and 899-bb and State Technology Law§208).
NYS Department of Economic Development
Division of Minority and Women's Business Development 23. COMPLIANCE WITH CONSULTANT
633 Third Avenue 33rd Floor DISCLOSURE LAW. If this is a contract for consulting
New York,NY 10017 services, defined for purposes of this requirement to include
646-846-7364 analysis, evaluation, research, training, data processing,
email:mwbebusinessdev@esd.nv.,oovv computer programming, engineering, environmental, health,
https://ny.newnycontracts.com/FrontEnd/searchcertifieddir and mental health services, accounting, auditing, paralegal,
ectory.asg legal or similar services,then,in accordance with Section 163
(4)(g)of the State Finance Law(as amended by Chapter 10 of
The Omnibus Procurement Act of 1992 (Chapter 844 of the the Laws of 2006),the Contractor shall timely,accurately and
Laws of 1992,codified in State Finance Law§ 139-i and Public properly comply with the requirement to submit an annual
Authorities Law§2879(3)(n)—(p))requires that by signing this employment report for the contract to the agency that awarded
bid proposal or contract,as applicable,Contractors certify that the contract, the Department of Civil Service and the State
whenever the total bid amount is greater than$1 million: Comptroller.
Page 6 June 2023
STMURRO CLAUSES FOR HYS CONTRACTS MPENUMA
The state agency reserves the right to reject any bid,request for
24. PROCUREMENT LOBBYING. To the extent this assignment,renewal or extension for an entity that appears on
agreement is a "procurement contract" as defined by State the Prohibited Entities List prior to the award, assignment,
Finance Law§§ 139 j and 139-k,by signing this agreement the renewal or extension of a contract, and to pursue a
contractor certifies and affirms that all disclosures made in responsibility review with respect to any entity that is awarded
accordance with State Finance Law §§ 139 j and 139-k are a contract and appears on the Prohibited Entities list after
complete,true and accurate. In the event such certification is contract award.
found to be intentionally false or intentionally incomplete,the
State may terminate the agreement by providing written 27. ADMISSIBILITY OF REPRODUCTION OF
notification to the Contractor in accordance with the terms of CONTRACT. Notwithstanding the best evidence rule or any
the agreement. other legal principle or rule of evidence to the contrary, the
Contractor acknowledges and agrees that it waives any and all
25. CERTIFICATION OF REGISTRATION TO objections to the admissibility into evidence at any court
COLLECT SALES AND COMPENSATING USE TAX BY proceeding or to the use at any examination before trial of an
CERTAIN STATE CONTRACTORS,AFFILIATES AND electronic reproduction of this contract,in the form approved
SUBCONTRACTORS. by the State Comptroller, if such approval was required,
To the extentthis agreement is a contract as defined by Tax Law regardless of whether the original of said contract is in
§ 5-a, if the contractor fails to make the certification required existence.
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-athat 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: httns://oes.ny.eov/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 bf 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 suchviolation,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:
Page 7 June 2023