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HomeMy WebLinkAboutLaurel Lake Preservation & Trail Plan - ---- l:JPLJ Town of Southold - Letter Board Meeting of November 8, 2006 . . RESOLUTION 2006-853 Item # 16 ADOPTED DOC ID: 2258 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-853 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A Russell to sil!:n an Al!:reement with the New York State Office of Parks. Recreation and Historic Preservation. for the Laurel Lake Preservation and Trail Plan, in the amount of$97,5000, subject to the approval of the Town Attorney ~,.Uf{l.~~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated November 9, 2006 Page 23 STATE AGENCY (Name & Address): NYS COMPTROLLERS NUMBER: C540328 New York State Office of Parks, NYS AGENCY NUMBER: EPF-540328-L2 Recreation and Historic Preservation ORIGINATING AGENCY CODE: 49070 Agency Building One Empire State Plaza REGION: LI Albany, New York 12238 GUARANTOR #1 (Name & Address): TYPE OF PROGRAM: County of Suffolk ENVIRONMENTAL PROTECTION FUND 100 Veterans Memorial Highway, Box 6100 PKS Hauppauge, NY 11788 GUARANTOR #2 (Name & Address): INITIAL CONTRACT PERIOD: Suffolk County Water Authority FROM: April22,2004 4060 Sunrise Highway TO: December 31, 2007 Oakdale, NY 11769 CONTRACTOR (Name & Address): FUNDING AMOUNT FOR INITIAL PERIOD: Town of Southold $97,500.00 53095 Main Road P.O. Box 1179 Southold, New York 11971 CHARITIES REGISTRATION NUMBER: MULTI-YEAR TERM: (if applicable) N/A FROM: N/A FEDERAL TAX ill NUMBER: TO: N/A N/A MUNICIPALITY NUMBER: CONTRACTOR IS NOT A SECTARIAN 470379000000 ENTITY STATUS: MUNICIPALITY IS NOT A NOT-FOR- PROFIT ORGANIZATION APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A.. . Standard Clauses for All New York State Contracts APPENDIX AI.. .Clauses Required by Office of Parks, Recreation and Historic Preservation APPENDIX B...Budget APPENDIX C.. . Payment and Reporting Schedule APPENDIX D.. . Program Workplan APPENDIX X.. .Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) APPENDIX E.. .Special Conditions and Requirements APPENDIX F.. .Program Specific Requirements IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF-540328-L2 CONTRACT NUMBER: C540328 CONTRACTOR: Town of Southold By Date: D~~e..Il\kA.. -/ aoOG Printed Name: Scott A. Russell Printed Title: Supervisor STATE OF NEW YORK ) COUNTY OF.5 U Ff'o,L{rs.: On the day of De c.e t1tb-u... in the year ~ 00 r;, , before me, the undersigned, personally appeared Scott A. Russell , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their/ capacity(ies), and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York GUARANTOR #1: County of Suffolk By: Date: Printed Name: Printed Title: STATE OF NEW YORK ) ) SS.: COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their/ capacity(ies), and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public, State of New York - GUARANTOR #2: Suffolk County Water Authority By: Date: Printed Name: Printed Title: STATE OF NEW YORK ) ) SS.: COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personaIly known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their/ capacity(ies), and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the indiyjdual(s) acted, executed the instrument. Notary Public, State of New York STATE AGENCY: New York State Offices of Parks, Recreation, and Historic Preservation By: Date: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page wiIl be attached to all other exact copies of this contract." ATTORNEY GENERAL: STATE COMPTROLLER: STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skiIled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT. NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as foIlows: I. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shaIl be incorporated into this AGREEMENT. B. Funding for the first PERIOD shaIl not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shaIl not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any require modification, and a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this Agreement not modified shall remain in effect for each PERIOD of the AGREEMENT. To modifY the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix formes). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix AI. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program W orkplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses for All New York State contracts, attached hereto and made a part hereof) takes precedence over all other parts of the AGREEMENT. n. Payment and Reporting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. m. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix AI. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations a s possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnifY and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. ___n --- - ------- ---- V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix AI. VI. Safeguards for Services and Confidentiality A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the contract and in conformity with applicable provisions of laws and regulations, or specified in Appendix AI. STANDARD CLAUSES FOR NYS CONTRACTS performance of work under this contract. Contractor is subject tn fines of $50.00 per person per day for any violation of Section 220-e or The parties to the attached contract, license, lease, amendment Section 239 as well as possible termination of this contract and or other agreement of any kind (hereinafter, "the contract" or "this forfeiture of all moneys due hereunder for a second or subsequent contract") agree to be bound by the following clauses which are hereby violation. made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, 6. WAGE AND HOURS PROVISIONS. If this is a public work lessor, lessee or any other party): contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees 1. EXECUTORY CLAUSE. 1n accordance with Section 41 of the nor the employees of its subcontractors may be required or permitted to State Finance Law, the State shall have no liability under this contract work more than the number of hours or days stated in said statutes, to the Contractor or to anyone else beyond funds appropriated and except as otherwise provided in the Labor Law and as set forth in available for this contract. prevailing wage and supplement schedules issued by the State Labor .. Department. Furthermore, Contractor and its subcontractors must pay 2. NON-ASSIGNMENT CLAUSE. In accordance WIth SectIon 138 at least the prevailing wage rate and payor provide the prevailing of the State Finance Law, this contract may not b~ assigned by the supplements, including the premium rates for overtime pay, as Contractor or its right, title or interest therein aSSigned, transferred, determined by the State Labor Department in accordance with the conveyed, sublet or otherwise disposed of without the previous consent, Labor Law. in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance however, assign its right to receive payment without the State's prior with Section 139-<1 of the State Finance Law, if this contract was written consent unless this contract concerns Certificates of awarded based upon the submission of bids, Contractor affirms, under Participation pursuant to Article 5-A of the State Finance Law. penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms 3. COMPTROLLER'S APPROVAL. In accordance with Section that, at the time Contractor submitted its bid, an authorized and 112 of the State Finance Law (or, if this contra~t is with the St.ate responsible person executed and delivered to the State a non-collusive University or City University of New York, SectIOn 355 or SectIOn bidding certification on Contractor's behalf. 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an with Section 220-f of the Labor Law and Section 139-h of the State amendment for any amount to a contract which, as so amended, Finance Law, if this contract exceeds $5,000, the Contractor agrees, as exceeds said statutory amount, or if, by this contract, the State agrees to a material condition of the contract, that neither the Contractor nor any give something other than money when the value or reasonably substantially owned or affiliated person, firm, partnership or estimated value of such consideration exceeds $ I 0,000, it shall not be corporation has participated, is participating, or shall participate in an valid, effective or binding upon the State until it has been approved by international boycott in violation of the federal Export Administration the State Comptroller and filed in his office. Comptroller's approval of Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations contracts let by the Office of General Services is required when such thereunder. If such Contractor, or any of the aforesaid affiliates of contracts exceed $30,000 (State Finance Law Section 163.6.a). Contractor, is convicted or is otherwise found to have violated said laws . or regulations upon the final determination of the United States 4. WORKERS' COMPENSATION BENEFITS. In accordance With Commerce Department or any other appropriate agency of the United Section 142 of the State Finance Law, this contract sh~lI be void ~nd?f States subsequent to the contract's execution, such contract, amendment no force and effect unless the Contractor shall proVIde and mamtam or modification thereto shall be rendered forfeit and void. The coverage during the life of this contract for the benefit of such Contractor shall so notify the State Comptroller within five (5) business employees as are required to be covered by the provisions of the days of such conviction, determination or disposition of appeal Workers' Compensation Law. (2NYCRR 105.4). 5. NON-DISCRIMINATION REOUlREMENTS. To the extent 9. SET-OFF RIGHTS. The State shall have all of its common law, required by Article 15 of the Executive Law (also known as the. H~man equitable and statutory rights of set-off. These rights shall include, but Rights Law) and all other State and Federal statutory and CO?stl~ut~onal not be limited to, the State's option to withhold fOf the purposes of set- non-discrimination provisions, the Contractor will not dIscnmmate off any moneys due to the Contractor under this contract up to any against any employee or applicant for employment because of race, amounts due and owing to the State with regard to this contract, any creed, color, sex, national origin, sexual orientation, age, disability, other contract with any State department or agency, including any genetic predisposition or carrier status, or marital status. Furthermore, contract fOf a term commencing prior to the term of this contract, plus in accordance w~th Section .220-e of t~e Labor Law., if t~is .is a contra~t any amounts due and owing to the State for any other reason including, for the construction, alteratIOn or repair of any public bulidmg or public without limitation, tax delinquencies, fee delinquencies or monetary work or for the manufacture, sale or distribution of materials, penalties relative thereto. The State shall exercise its set-off rights in equipment or supplies, and to the extent that this contract shall be accordance with nonnal State practices including, in cases of set-off performed within the State of New York, Contractor agrees that neither pursuant to an audit, the finalization of such audit by the State agency, it nor its subcontractors shall, by reason ofrace, creed, color, disability, its representatives, or the State Comptroller. sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) 10. RECORDS. The Contractor shall establish and maintain complete discriminate against or intimidate any employee hired for the and accurate books, records, documents, accounts and other evidence performance of work under this contract. If this is a building service directly pertinent to performance under this contract (hereinafter, contract as defined in Section 230 of the Labor Law, then, in collectively, "the Records"). The Records must be kept for the balance accordance with Section 239 thereof, Contractor agrees that neither it of the calendar year in which they were made and for six (6) additional nor its subcontractors shall by reason of race, creed, color, national years thereafter. The State Comptroller, the Attorney General and any origin, age, sex or disability: (a) discriminate in hiring against any New other person or entity authorized to conduct an examination, as well as York State citizen who is qualified and available to perform the work; the agency or agencies involved in this contract, shall have access to the or (b) discriminatc against or intimidate any employec hired for thc Records during normal business hours at an office of the Contractor Page I SeD/ember 2()()4 within the State of New York or, if no such office is available, at a group members and women are afforded equal employment mutually agreeable and reasonable venue within the State, for the term opportunities without discrimination. Affirmative action shall mean specified above for the purposes of inspection, auditing and copying. recruitment, employment, job assignment, promotion, upgradings, The State shall take reasonable steps to protect from public disclosure demotion, transfer, layoff, or termination and rates of payor other any of the Records which are exempt from disclosure under Section 87 forms of compensation; of the Public Officers Law (the HStatute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, (b) at the request of the contracting agency, the Contractor shall that said records should not be disclosed; and (ii) said records shall be request each employment agency, labor union, or authorized sufficiently identified; and (iii) designation of said records as exempt representative of workers with which it has a collective bargaining or under the Statute is reasonable. Nothing contained herein shall other agreement or understanding, to furnish a written statement that diminish, or in any way adversely affect, the State's right to discovery such employment agency, labor union or representative will not in any pending or future litigation. discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will II. IDENTIFYING INFORMATION AND PRIVACY affirmatively cooperate in the implementation of the contractor's NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION obligations herein; and NUMBER and!or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment (c) the Contractor shall state, in all solicitations or advertisements for for the sale of goods or services or the lease of real or personal property employees, that, in the performance of the State contract, all qualified to a New York State agency must include the payee's identification applicants will be afforded equal employment opportunities without number, i.e., the seller's or lessor's identification number. The number discrimination because of race, creed, color, national origin, sex, age, is either the payee's Federal employer identification number or Federal disability or marital status. social security number, or both such numbers when the payee has both Contractor will include the provisions of "a", "b", and "c" above, in such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the every subcontract over $25,000.00 for the construction, demolition, payee, on its invoice or New York State standard voucher, must give replacement, major repair, renovation, planning or design of real the reason or reasons why the payee does not have such number or property and improvements thereon (the "Work") except where the numbers. Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) (b) PRIVACY NOTIFICATION. (I) The authority to request the employment outside New York State; or (iii) banking services, above personal information from a seller of goods or services or a insurance policies or the sale of securities. The State shall consider lessor of real or personal property, and the authority to maintain such compliance by a contractor or subcontractor with the requirements of information, is found in Section 5 of the State Tax Law. Disclosure of any federal law concerning equal employment opportunity which this information by the seller or lessor to the State is mandatory. The effectuates the purpose of this section. The contracting agency shall principal purpose for which the information is collected is to enable the determine whether the imposition of the requirements of the provisions State to identify individuals, businesses and others who have been hereof duplicate or conflict with any such federal law and if such delinquent in filing tax returns or may have understated their tax duplication or conflict exists, the contracting agency shall waive the liabilities and to generally identify persons affected by the taxes applicability of Section 312 to the extent of such duplication or conflict. administered by the Commissioner of Taxation and Finance. The Contractor will comply with all duly promulgated and lawful rules and information will be used for tax administration purposes and for any regulations of the Governor's Office of Minority and Women's Business other purpose authorized by law. Development pertaining hereto. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or 13. CONFLICTING TERMS. In the event of a conflict between the personal property covered by this contract or lease. The information is terms of the contract (including any and all attachments thereto and maintained in New York State's Central Accounting System by the amendments thereof) and the terms of this Appendix A, the terms of Director of Accounting Operations, Office of the State Comptroller, this Appendix A shall control. I 10 State Street, Alhany, New York 12236. 14. GOVERNING LAW. This contract shall be governed by the laws 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR of the State of New York except where the Federal supremacy clause MINORITIES AND WOMEN. In accordance with Section 312 of requires otherwise. the Executive Law, if this contract is: (i) a written agreement or 15. LATE PAYMENT. Timeliness of payment and any interest to be purchase order instrument, providing for a total expenditure in excess of$25,000.00, whereby a contracting agency is committed to expend or paid to Contractor for late payment shall be governed by Article ll-A does expend funds in return for labor, services, supplies, equipment, of the State Finance Law to the extent required by law. materials or any combination of the foregoing, to be performed for, or 16. NO ARBITRATION. Disputes involving this contract, including rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is the breach or alleged breach thereof, may not be submitted to binding conunitted to expend or does expend funds for the acquisition, arbitration (except where statutorily authorized), but must, instead, be construction, demolition, replacement, major repair or renovation of heard in a court of competent jurisdiction of the State of New York. real property and improvements thereon; or (iii) a written agreement in 17. SERVICE OF PROCESS. In addition to the methods of service excess of $100,000.00 whereby the owner of a State assisted housing allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor project is conunitted to expend or does expend funds for thc acquisition, construction, demolition, replacement, major repair or hereby consents to service of process upon it by registered or certified renovation of real property and improvements thereon for such project, mail, return receipt requested. Service hereunder shall be complete then: upon Contractor's actual receipt of process or upon the Slate's receipt of the return thereof by the United States Postal Service as refused or (aJ The Contractor will not discriminate against employees or undeliverable. Contractor must promptly notify the State, in writing, of applicants for employment because of race, creed, color, national each and every change of address to which service of process can be origin, sex, age, disability or marital status, and will undertake or made. Service by the State to the last known address shall be sufficient. continue existing programs of (lffirmative action to ensure that minority Contractor will have thirty (30) calendar days after service hereunder is complete in whieh to respond. Page 2 Septemher 2004 (c) The Contractor agrees to make reasonable efforts to provide 18. PROHIBITION ON PURCHASE OF TROPICAL notification to New York State residents of employment opportunities HARDWOODS. The Contractor certifies and warrants that all wood on this project through listing any such positions with the Job Service products to be used under this contract award will be in accordance Division of the New York State Department of Labor, or providing with, but not limited to, the specifications and provisions of State such notification in such manner as is consistent with existing collective Finance Law ~165. (Use of Tropical Hardwoods) which prohibits bargaining contracts or agreements. The Contractor agrees to document purchase and use of tropical hardwoods, unless specifically exempted, these efforts and to provide said documentation to the State upon by the State or any governmental agency or political subdivision or request; and public benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to establish to meet with (d) The Contractor acknowledges notice that the State may seek to the approval of the State. obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are subcontractor, the prime Contractor will indicate and certify in the hereby notified that if their principal place of business is located in a submitted bid proposal that the subcontractor has been informed and is country, nation, province, state or political subdivision that penalizes in compliance with specifications and provisions regarding use of New York State vendors, and if the goods or services they offer will be tropical hardwoods as detailed in ~ 165 State Finance Law. Any such substantially produced or perfonned outside New York State, the use must meet with the approval of the State; otherwise, the bid may Onmibus Procurement Act 1994 and 2000 amendments (Chapter 684 not be considered responsive. Under bidder certifications, proof of and Chapter 383, respectively) require that they be denied contracts qualification for exemption will be the responsibility of the Contractor which they would otherwise obtain. NOTE: As of May 15, 2002, the to meet with the approval of the State. list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. In and Hawaii. Contact NYS Department of Economic Development for a accordance with the MacBride Fair Employment Principles (Chapter current list of jurisdictions subject to this provision. 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or 22. PURCHASES OF APPAREL. In accordance with State Finance (b) shall take lawful steps in good faith to conduct any business Law 162 (4-a), the State shall not purchase any apparel from any operations in Northern Ireland in accordance with the MacBride Fair vendor unable or unwilling to certify that (i) such apparel was Employment Principles (as described in Section 165 of the New York manufactured in compliance with all applicable labor and occupational State Finance Law), and shall permit independent monitoring of safety laws, including, but not limited to, child labor laws, wage and compliance with such principles. hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, if not a bid situation, prior to or at the time of signing a 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of contract with the State), if known, the names and addresses of each New York State to maximize opportunities for the participation of New subcontractor and a list of all manufacturing plants to be utilized by the York State business enterprises, including minority and women-owned bidder. business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St .- 7" Floor Albany, New York 12245 Telephone: 518-292-5220 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal Opportunity Act of] 972 (P.L. 92-261), as amcnded; Pagc 3 Septcmbcr 2004 APPENDIX A-I Clauses Required by Office of Parks, Recreation and Historic Preservation 1. Changes to Budget and Program Workplan. Changes shall not be made in the Program Workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appeudix B, without the prior written approval of the STATE. Such approval will be granted if the changes are not substantive and do not alter the scope, intent or basic elements of the contract. Changes may be made in the Budget to reallocate funds between budgeted items provided such changes do not exceed tweuty percent of the total value of the contract and have the STATE's writteu approval. Changes in the Program Workplau which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which are in excess of twenty percent of the total value of the contract, if agreed to by the STATE, will be implemented by an amendment to this AGREEMENT. (See Section I, Paragraph D of the AGREEMENT.) 2. Tennination. A. In the event the project cannot be completed as agreed upon by the STATE and the CONTRACTOR, the CONTRACTOR shall bring it to a point of recreational usefulness agreed upon by the STATE and the CONTRACTOR. B. The CONTRACTOR shall complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or tennination of any obligation of the STATE. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand. the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). 3. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Omnibus Procurement Act. It is the policy of New York State to maximize opportunities for the participation of minorities and women as employees, and of New York State businesses enterprises, including minority and women-owned business enterprises, as subcontractors and suppliers on its procurement contracts. A. Omnibus Procurement Act Provisions. I. Information on the availability of New York State subcontractors and suppliers is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292-5250 / Fax: (518) 292-5803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vendors. II. Iflocated in a foreign country the contractor is hereby notified that New York State may seek to obtain and assign or otherwise transfer offset credits created by this contract to third parties located in New York State. The contractor agrees to cooperate with the STATE in efforts to get foreign countries to recognize offset credits created by this contract. B. Equal Employment Opportunity Provisions. I. The CONTRACTOR and its subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action shall apply in the areas ofrecruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or tennination and rates of pay or other forms of compensation. II. No later than seven days after being notified of the award of this contract the CONTRACTOR shall submit an Equal Employment Opportunity (EEO) policy statement to the STATE. Page 4 September 2004 Town of South old Laurel Lake Preservation and Trail Plan EPF-540328-L2 III. The CONTRACTOR's EEO policy statement shall contain, but not necessarily be limited to, and the CONTRACTOR, as a precondition to entering into a valid and binding State contract, shall, during the performance of the contract, agree to the following: (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because ofrace, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts. (b) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in the performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. (c) At the request of the STATE, the CONTRACTOR shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the CONTRACTOR's obligation herein. IV. No later than seven days after being notified of the award of this contract the CONTRACTOR may be required to submit to the STATE a staffing plan of the anticipated work force to be utilized on this contract or, where required, information on the CONTRACTOR's total work force, including apprentices, broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. V. On a schedule, in a form and manner to be detennined by the STATE, and monthly thereafter, the CONTRACTOR shall submit to the STATE a work force utilization report of the work force actually utilized on this contract. Information should be broken down by specified ethnic background, gender, and Federal Occupational Categories or other appropriate categories specified by the STATE. The form of the staffing plan shall be supplied by the STATE. VI. The CONTRACTOR shall include the language of paragraphs (I) through (V) in every subcontract in such a manner that the requirements of the provisions will be binding upon each subcontractor as to work in connection with this contract, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and, when requested, provide to the CONTRACTOR information on the ethnic background, gender, and Federal Occupational Categories of the employees to be utilized on this contract. VII. The CONTRACTOR agrees to comply with all applicable Federal, State and local Civil Rights and Human Rights laws with reference to equal employment opportunities and the provision of services. C. Minority / Women-owned Business Enterprise Provisions. I. A directory of minority and women-owned business enterprises is available from: Empire State Development Division Minority and Women's Business Development 30 South Pearl Street Albany, NY 12245 Phone: (518) 292-5250 / Fax: (518) 292-5803 (a) Definitions. For purposes of these clauses, the following definitions shall apply: (b) "Certified business" shall mean either a business certified as a minority or women-owned business enterprise pursuant to section 314 of the Executive Law. Town of South old Laurel Lake Preservation and Trail Plan EPF-540328-L2 (c) lIDirector" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. (d) IIMinority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (1) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race; (3) Native American or Alaskan native persons having origins in any of the original peoples of North America; (4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. (e) "Minority-owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (I) at least fifty-one percent owned by one or more minority group members; (g) an enterprise in which such minority ownership is real, substantial and continuing; (h) an enterprise in which such minority ownership has and exercises the authority to control independently the day-ta-day business decisions of the enterprise; and (i) an enterprise authorized to do business in this state and independently owned and operated. (j) "Subcontract" shall mean an agreement providing for a total expenditure in excess of $25,000 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon between a contractor and any individual or business enterprise, including a sole proprietorship, partnership, corporation, or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (k) "Women-owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (1) at least fifty-one percent owned by one or more United States citizens or permanent resident aliens who are women; (2) an enterprise in which the ownership interest of such women is real, substantial and continuing; (3) an enterprise in which such women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and (4) an enterprise authorized to do business in this state and independently owned and operated. II. Good Faith Efforts. The CONTRACTOR is encouraged to employ minority and women workers and to solicit and obtain the participation of certified minority and women-owned business enterprises as subcontractors and suppliers on this contract whether or not goals have been established by the STATE for this contract. The following are suggested actions for the contractor to take in this endeavor: (a) Place advertisements in appropriate general circulation, trade and minority or women-owned publications in a timely fashion. (b) Make written solicitations to women and minority-owned business enterprises in a timely fashion and include plans, specifications and contract terms. Town of South old Laurel Lake Preservation and Trail Plan EPF-540328-L2 (c) Where reasonable, structure the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses. (d) Offer to MIWBE's, subcontract terms and conditious comparable to those offered to other subcontractors on the contract. (e) Make payments to MlWBE subcontractors and suppliers in a timely fashion. III. Reports. The CONTRACTOR shaH submit, and shaH require subcontractors to submit, reports showing the participation of all business enterprises on this contract, including minority and women-owned business enterprises on forms and at intervals to be established by the STATE. Reports not submitted at such times as shaH be required by the STATE shaH be cause for the STATE to delay implementing scheduled payments to the CONTRACTOR. 4. Non-Discrimination. The CONTRACTOR shaH not limit access or discriminate in the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX B - BUDGET The detailed estimated budget for the project as outlined in this AGREEMENT is as follows: EXPENSES: Acquisition $ 520,000* To include: Adamowicz property 10 acres Development $ 97,500 To include: Demolition and removal of old buildings and debris, removal and replacement of dock on Laurel Lake with land observation deck, parking lot improvement, trails construction and kiosks, signs with maps and laminated, benches, picnic tables, waste receptacles TOTAL COST $ 617,500 FUNDING BREAKDOWN: STATE Share: $ 97,500 CONTRACTOR Share: $520,000 *Original appraisal reports shall be prepared for each parcel to be acquired (fee simple, in rem, donation) in accordance with the STATE's standards and shall be submitted to and approved by the STATE. Once the STATE's review is complete, the "Appendix B - Budget" and the Funding amount (identified on the face page hereof) may be amended as appropriate to reflect the fair market value as determined by the STATE. In no instance will the Funding amount be adjusted upward. A fully executed amendment to reflect any appropriate adjustment must be on file with the STATE prior to the release of any funds. Town of South old Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX C - PAYMENT AND REPORTING SCHEDULE ACQUISITION AND DEVELOPMENT I. Amount of Grant Award: $97,500.00 II. The STATE agrees to make available to the CONTRACTOR a sum not to exceed the funding amount identified on the face page hereof. The STATE share shall cover no more than fifty percent of eligible expenditures for any reimbursement request under this AGREEMENT. The grant reimbursement rate is determined by the ratio of funding amount to the total project cost in accordance with the budget (Appendix B). III. The STATE'S share of the project cost as set forth in this AGREEMENT shall be paid to the CONTRACTOR in installment payments as follows: A. INSTALLMENTS: CONTRACTOR shall be reimbursed as expenditures accrue for costs incurred from the project as outlined in APPENDIX B. Payments shall be made upon review and approval of appropriate plans, specifications, and expenditure and project documentation to the satisfaction of the STATE and clear title documentation to the satisfaction of the Attorney General. No more than 3 installments shall be allowed prior to the final installment. B. A FINAL INSTALLMENT of not less than 10% of the STATE'S share of the total cost shaIl be made upon, to the satisfaction of the STATE: (1) completion of the project, (2) expenditure and project documentation, (3) review and approval of the Project Completion Report, (4) performance of a Final On-Site Inspection by the STATE, (5) if an amendment is required, a fuIly executed document must be on file prior to release of final reimbursement and formal close-out of the project, (6) documentation verifying the recording of the Preservation Covenant (a copy of the recorded document, showing Liber and Page Number) for Historic Preservation projects only, (7) for Parks projects, documentation verifying the recording of the Conservation Easement (a copy of the recorded document, showing Liber and Page Number) if project is sponsored by a not-for-profit organization, a list of facilities developed and acres acquired, an as-built and as-acquired site map. and a final boundary map.. When parkland is involved, a map of the entire park, even if the subject of the grant involves property that is less than the entire park. The boundary map should show both: {a} the actual boundaries of the entire park in yellow, and in enough detail to be legally sufficient to identifY the parkland, and (b) the actual boundaries of those parcels that are the subject of an acquisition or donation, color-coded and keyed to the "Schedule I - Summary Sheet Per Parcel" form. Acceptable methods of identification are: {I} metes and bounds (preferred), (2) deed references, (3) adjoining water bodies or other natural landmarks, (4) government survey, {5} adjoining ownerships and/or {6} adjoining easements of record. Where one or more of these methods are not suitable for identification, measurements from permanent locators may be used. It is recommended that the map itself clearly show pertinent features such as roads, road names and numbers, bodies of water, buildings, structures, etc. The map must also identify all known outstanding rights and interests held by others, as well as known easements, deed/lease restrictions, reversionary interests, etc. The map must also include the title and number of the project, date of map preparation and name and signature of authorized officer, (8) approval by the STATE of documentation showing efforts made to satisfy requirements for the participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts, (9) Capital construction projects and/or acquisition projects with a grant amount of $99,999 or less shall provide an Agreed Upon Procedure Review of the grant, performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy, in accordance with attestation standards established by the American Institute of Certified Public Accountants and in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America. Capital construction projects and/or acquisition projects with a grant amount of $100,000 or more shall provide an audit of the Statement of Contract Revenues and Contract Expenditures as performed by a certified public accountant currently licensed by the NYS Board of Public Accountancy in accordance with auditing standards generally accepted in the United States of America and the .May be prepared on one map Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. IV. Payment shall be made upon approval by the STATE and audit and warrant of the State Comptroller of vouchers executed by an authorized officer of the CONTRACTOR accompanied by such receipts and documents verifying expenditures as may be required by the STATE. V. The CONTRACTOR shall submit, with each payment request, a certificate executed by an authorized officer, which shall attest that said payment does not duplicate a request for payment, or any payment received, from any other source for goods or services under this AGREEMENT. VI. The designated payment office shall be New York State Office of Parks, Recreation and Historic Preservation, Agency Building One, Empire State Plaza, Albany, New York 12238, and Attention: Grants Unit, 16th Floor. VII. Within fifteen days of receiving the voucher, the STATE shall notifY the CONTRACTOR of any problem with the voucher; for example, whether there are mistakes on the voucher or additional documents must be submitted. Once the CONTRACTOR has submitted a voucher to the STATE, the STATE will review and audit the voucher and submit it to the State Comptroller within thirty days. VIII. The STATE shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this AGREEMENT. The CONTRACTOR shall allow the STATE unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the STATE in all construction contracts relating to the project. IX. The CONTRACTOR can receive reimbursements of all or any part of the above referenced schedule provided the appropriate expenditure and project documentation is submitted and approved by the STATE. Town of South old Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX D - PROGRAM WORKPLAN I. PROJECT NARRATIVE: The Town of South old will purchase a 10 acre parcel as part ofthe Laurel Lake Preservation Plan. The goal is to link these with other properties to protect over 520 acres of land around Laurel Lake and to create a trail system. This project will be for the development, which will include replacement of a dock on Laurel Lake, parking improvements, trail design and construction and demolition of old buildings. This will allow visitors the opportunity to experience the natural beauty of the preserve without jeopardizing the existing natural resources. II. PROJECT TERM: April 22, 2004 - December 31, 2007 III. PROJECT SCHEDULE: The following Schedule is a recommended timeframe for monitoring major thresholds which will result in completion ofthe grant by the scheduled ending date. This does NOT describe all the required steps involved in meeting these thresholds, nor is it intended to be a precise calendar. Nevertheless, not only is the schedule to be used as a monitoring tool by the CONTRACTOR and by the STATE, non-adherence to these timeframes without acceptable justification will be used as criteria in determining grant cancellation. The project documentation listed below should be submitted for approval/acceptance by the STATE as follows: ITEM DATE DUE THE FOLLOWING ITEMS MUST BE SATISFIED BEFORE STARTING THE BIDDING PROCESS: Permits - DEC/COE January 2007 Final Plans and Specifications February 2007 UPON SATISFACTION OF THE ABOVE, PROCEED WITH THE FOLLOWING: Construction Bidding Process Commences March 2007 Bid Award March 2007 M/WBE Utilization Program-EEO Staffing Plan March 2007 Start of Construction April 2007 M/WBE-EEO Required Reports MONTHLY BEGINNING April 2007 Payment Requests ONGOING Project Completion December 2007 Close-out Documentation Requirements (See Appendix C) January 2008 Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 Period From: Agency Code: 49070 To: Project #: Funding Amount for Period: Contract This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the Office of Parks, Recreation and Historic Preservation, having its principal office at Agency Building One, Empire State Plaza, Albany, New York 12238 (hereinafter referred to as the STATE), and the *Contractor* having its principal office at Address (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C , as amended in attached Appendix _' All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates appearing under their signatures. CONTRACTOR: STATE AGENCY: New York State Offices of Parks, Recreation, and Historic Preservation By: By: Printed Name: Date: Printed Title: State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." Date: STATE OF NEW YORK ) ) SS.: COUNTY OF ) On the day of in the year , before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their/ capacity(ies), and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Notary Public) STATE COMPTROLLER . Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS PKS PROJECTS *1. With the commencement of the project, the CONTRACTOR shall erect a project sign at the project site noting the State's assistance to the project. The project sign specifications are available from the STATE. The project sign shaIl remain in place in perpetuity. II. In the event of any unanticipated archeological discoveries, the CONTRACTOR shall stop all work and notify the STATE immediately. Work shall not resume until the STATE determines how any previously undiscovered archeological remains will be treated. Special attention shall be given to any discovery of burials, graves, or human remains. *111. The CONTRACTOR shaIl provide the following documentation to the STATE prior to the final execution of this AGREEMENT: - An Opinion of Municipal Counsel from the Suffolk County Water Authority. IV. Original appraisal reports shall be prepared for each parcel to be acquired (fee simple, in rem, donation) in accordance with the STATE's standards and shall be submitted to and approved by the STATE. Once the STATE's review is complete, the "Appendix B-Budget" and the Funding Amount (identified on the face page hereof) may be amended as appropriate to reflect the fair market value as determined by the STATE. In no instance will the Funding Amount be adjusted upward. A fully executed amendment to reflect any appropriate adjustment must be on file with the STATE prior to the release of any funds. V. This project may require permits from either the NYS Department of Environmental Conservation (DEC) and/or the US Army Corp of Engineers (COE). Contact DEC and COE to determine if any permits are needed. A copy of the permit(s) or a letter (s) from the appropriate Agency which states that no permit is required must be filed with the STATE. VI. The CONTRACTOR shall provide clear title documentation to the satisfaction of the Attorney General. VII. Pursuant to Section 441.1 (b) of the Rules and Regulations for the Environmental Protection Act of 1993, eligible acquisition projects shall include acquisition with in three years prior to the application deadline. For purposes of this AGREEMENT, the retroactive window opened June 20, 2000. VIII. Since the CONTRACTOR's not the sole owner of the unencumbered fee ofland identified under this AGREEMENT, the OWNER will act as GUARANTOR and will assume and abide by all terms and conditions of this AGREEMENT. 'Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. --------- . Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS I. Constructiou Requirements. A. Any consultant contract in the amount of twenty-five thousand doIlars ($25,000) or more for architectural, engineering or design services shall be awarded on a competitive basis after the CONTRACTOR has developed and publicized a Request for Proposal; a copy of the Request for Proposal and documentation of all responses shall be included with submission by the CONTRACTOR of any voucher for payment for such services. B. Contract plans, specifications, and cost estimates shall be submitted to the STATE for review prior to the letting of any construction contract by the CONTRACTOR. Once all changes have been made and agreed to by the STATE and the CONTRACTOR, the CONTRACTOR shall submit three copies of the plans, specifications and cost estimates to the STATE. The STATE shall verifY that the plans, specifications and cost estimates are in conformance with the work described in "APPENDIX B - BUDGET" and shall so notify the CONTRACTOR in writing; the STATE shall further verify that appropriate documents have been prepared by a professional licensed to practice in the State of New York. A complete set shall be returned to the CONTRACTOR by the STATE and shall be kept on the project site at all times. All plans and specifications as reviewed shall become part of this AGREEMENT, and no change or revision may be made to such plans and specifications without the express written consent of the STATE. C. Contracts for construction in excess of twenty thousand dollars ($20,000) shall be awarded after competitive bidding in accordance with the provisions of the General Municipal Law. A certified copy of a summary of all bids shall be submitted to the STATE prior to awarding a contract, and an executed copy of the construction contract will thereafter be submitted to the STATE. D. The CONTRACTOR shaIl be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UF AS -- Appendix A to 41 CFR part 101- 19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG -- Appendix A to 28 CFR part 36) and the New York State Uniform Fire Prevention and Building Code (parts 1100-1102 of Tit Ie 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design /construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. E. It is the CONTRACTOR'S responsibility to assure that all work on the project complies with all applicable state and/or local laws including, but not limited to, zoning ordinances and building codes. F. All purchase contracts involving an expenditure of more than ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided for in section 103 of the General Municipal Law. G. It is the CONTRACTOR's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The CONTRACTOR must also obtain from any contractor or sub-contractor hired to provide a service pursuant to this AGREEMENT, similar proof or waiver from the contractor or sub-contractor, and must maintain such documentation on file for audit. H. Goods and services which are not required by this contract to be procured by the CONTRACTOR pursuant to competitive bidding must be procured in a manner so as to assure the prudent and economical use of grant moneys, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption. - ----- ------ Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 II. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the proj eel. A. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shaIl not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. D. This provision does not apply to non-resident fishing and hunting license fees. II. Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGREEMENT shall not supplant local funds already appropriated or identified by the CONTRACT OR for the project. IV. Termination. The CONTRACTOR shaIl complete the project as set forth in this AGREEMENT, and failure to render satisfactory progress or to complete the project to the satisfaction of the STATE may be deemed an abandonment of the project and cause for the suspension or termination of any obligation of the STAT E. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason 0 r cause other than a national emergency or an Act of God, all monies paid to the CONTRACTOR by the STATE and not expended in accordance with this AGREEMENT shall be repaid to the STATE upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from any State assistance to which the CONTRACTOR would otherwise be entitled an amount equal to the monies demanded (see Section III of this AGREEMENT). V. Alienation. A. The CONTRACTOR shall not at any time seIl or convey any facility acquired or developed pursuant to this AGREEMENT or convert such facility to other than public park purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by the STATE. B. In addition to the provisions of subparagraph (A) of this section, and notwithstanding anything to the contrary contained herein, the CONTRACTOR shall not sell, lease or otherwise convey in any manner or permit a change in use of the project, in whole or in part, unless it shall have first received the approval of the STATE. C. The CONTRACTOR agrees to own or hold by lease and to maintain and operate the project in perpetuity. The CONTRACTOR shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the STATE.