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HomeMy WebLinkAboutMulti-Modal Capital Project Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD Master Municipal Multi-Modal (MM4) Capital Proiect(s) Aareement For Use Only with Municipallv-owned Highway, Bridge, or Aviation projects where a State Comptroller (OSC) approved contract is required INote: A separate contract is required for each individual Multi-Modal Program source] NYS COMPTROLLER'S CONTRACT NO. D026722 THIS AGREEMENT made this J I r/1... day of ~ , 20~, is between the New York State Department of Transportation ("NYSDOT"), having its principal office at 50 Wolf Road, Albany, New York 12232 and the TOWN OF SOUTH OLD (the "Sponsor"), with offices 53095 MAIN ROAD. SOUTHOLD. NY 11971, to provide for the reimbursement of costs incurred by the municipality for the construction, reconstruction, improvement, reconditioning and preservation of a project or projects included in Schedule A or Supplements to Schedule A within the Multi-Modal Programs, consisting of one or more County, Town, City, and Village road, highway, parkway, bridge or aviation capital project or projects, as described for the purposes of this agreement in Schedule A or Supplements to Schedule A hereof (the "Project"). The amount of NYSDOT's funding pursuant to this Agreement shall be limited to Project Eligible Costs actually incurred, in no event to exceed the amount(s) identified in Schedule A. WITNESSETH: WHEREAS, section 14-k of the Transportation Law establishes the Multi-Modal (MM) Programs 1, 2, 3, and 4 that may fund eligible project costs through the Thruway or Dormitory Authority (DASNY) bond funding (as applicable) for capital projects approved by the Commissioner of Transportation, and WHEREAS, pursuant to Legislative appropriation or authorization for capital projects, that MM funding of the Project(s) herein is authorized and, the Sponsor certifies to NYSDOT that: (1) the service life of each individual Project is ten (10) or more years, regardless of mode; and (2) for highway and bridge mode projects, (a) MM program funding is not used for the mandated non-Federal matching share of a Federally funded project; (b) the amount of MM funds requested is and shall be no greater than prior unreimbursed municipal project expenditures for work completed or materials incorporated in a qualifying project(s); and (c) the amount of municipal funds appropriated for transportation capital projects is not and shall not be reduced because of the MM program funding; and (3) for any airport or aviation facility type, the sponsor must certify that Federal funding is not available to the project, but that the project is consistent with an approved Airport Layout Plan. NOW THEREFORE, the parties agree as follows: 1. Documents Forming this Agreement. The agreement consists of the following: Agreement Form - this document titled "Master Municipal Multi-Modal Capital Project(s) Agreement is for Use Only with Municipally-owned Highway, Bridge, or Aviation projects 1 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD where a State Comptroller-approved contract is required"; Multi-Modal Program Schedule "A" - Detailed individual Project Description(s) and Funding; and Appendix "A" - New York State Required Contract Provisions. 2. Work, Maintenance & Operation. Sponsor shall render all services and furnish all materials and equipment necessary to complete the Project or projects described in Schedule(s) A or Supplements to Schedule A and shall fund all costs attendant to such completion. The work of the Project or projects may consist generally of the categories of work described in Schedule A or one or more Supplemental Schedules A as may hereafter be executed by the parties hereto and approved as required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the execution of such Schedules A or Supplements to Schedule A for the purposes of conforming to New York State requirements. Upon Project completion, Sponsor will operate and maintain the Project(s) at no expense to NYSDOT and Sponsor will not dispose of or encumber the Project(s) or cause the Project(s) to be withdrawn from public service during its useful life without the prior approval of NYSDOT. 3. Multi-Modal (MM) Funding Reimbursement of Eligible Project Costs. Subject to compliance with this Agreement, NYSDOT agrees to authorize reimbursement of individual Project costs identified in the applicable Schedule A or Supplements to Schedule A attached hereto in an amount not to exceed the lesser of actual eligible Project costs or the indicated MM program funding amount. MM program funding shall be used solely for the payment of Eligible Costs (hereinafter defined) Sponsor actually incurs in performing the Project. Only "Eligible Project Costs" (as defined in MM Program Guidelines criteria issued by NYSDOT) incurred after April 1, 2000 (for the MM#2 program), April 1 , 2002 (for DASNY reimbursement under the MM#3 program), or April 1 ,2005 (for the MM#4 program) are reimbursable. To be eligible for MM aid, Project costs must: (a) be eligible pursuant to S 3.1 below and such other MM program Policies and Criteria as are established by NYSDOT; (b) be for work which, when completed, has a certifiable service life of at least 10 years. 3.1. Eligible Costs. Eligible Project costs include costs of acquisition, construction, repair, reconstruction, renovation, equipment and other related costs as set forth in the Project Description in Schedule A or Supplements to Schedule A. Eligible Project costs may also include the reimbursement of salaries and wages to employees of Sponsor for carrying out the Project(s); fees to consultants and professionals retained by Sponsor for planning and performing the Project, and such other costs and expenses directly related to such employees, consultants and professionals for the Project. 3.2. Sponsor Debt Service. MM program funds shall not be used to pay for interest, issuance costs or reserves in connection with the issuance of debt by Sponsor to fund the Project(s), but may repay principal indebtedness incurred to fund Eligible Project costs, which shall then be retired, redeemed or defeased by Sponsor. Sponsor shall 2 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD not issue debt to finance Project costs that are funded from the proceeds of Thruway Authority or Dormitory Authority obligations issued to finance the MM#2, MM#3, or MM#4 programs. 4. Payment. Payments hereunder shall be as follows: 4.1. Payment Upon Completion. Except where 94.2 applies, payment to Sponsor shall be made upon the application of Sponsor to NYSDOT upon Project completion, on the basis of work accomplished, local expenditures made, and the submission of duly completed payment requests and certifications in a form approved by NYSDOT, including such information as NYSDOT deems necessary to assure compliance with the program requirements and this Agreement. 4.2. Periodic Reimbursement. If the Sponsor and NYSDOT find it desirable to have reimbursement made periodically in accordance with a payment cycle established by NYSDOT and the Sponsor, NYSDOT may authorize payments based on billings prepared by the Sponsor in accordance with NYSDOT requirements, based on costs incurred as disclosed by the records thereof, as required by the Project or projects, with applicable adjustments to be made after audit by NYSDOT . These payments shall be made as moneys become available therefor. 4.3. Certifications. In addition to the certifications on Page 1 of this contract, the Sponsor shall also certify in each payment request that individual Project work was performed in accordance with the design and contractual requirements of Sponsor and Sponsor's design professional, and that such request does not duplicate reimbursement of costs and services received from other sources. Such certification by the project sponsor shall include the responsibility to furnish the Commissioner with any written information as may be necessary to maintain, if applicable, the federal tax exempt status of bonds, notes, or other obligations issued by the New York State Thruway Authority or the Dormitory of the State of New York for such purposes. 5. Ethics Considerations. In addition to Sponsor's conforming with the applicable provisions of Public Officers Law 973 (Business or Professional Activities by State Officers and Employees and Party Officers) and General Municipal Law 9806 (Code of Ethics) as related to the expenditure of the MM Funding made hereunder, no member of Sponsor's governing body, its officers or employees, nor any member of their families shall benefit financially either directly or indirectly from the MM Funding unless such action is otherwise in accordance with law and is necessary for the accomplishment of the Project. In such event, Sponsor shall disclose such relationship to NYSDOT and shall obtain prior written approval therefor from NYSDOT. 6. NYSDOT Performance Review. NYSDOT may review the Sponsor's performance of this agreement in such manner and at such times as NYSDOT shall determine, and such review may include field visits by NYSDOT representatives to the Project or projects and/or the 3 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD offices of Sponsor. Sponsor shall at all times make available its employees, records and facilities to authorized NYSDOT representatives in connection with any such review. Such review shall be for the purpose, among other things, of ascertaining the quality and quantity of Sponsor's performance of the Project or projects, its use and operation. 7. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the Sponsor any monies paid to the Sponsor pursuant to this Agreement which are subsequently determined to be ineligible for funding hereunder. 8. Contract Executory. 8.1. This Agreement shall be deemed executory only to the extent of money available to the State for its performance and no liability on account thereof shall be incurred by the State beyond money available therefor. 8.2. This agreement shall remain in effect so long as State funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a State budgetary hiatus will not by itself be construed to lapse this agreement, provided any necessary State appropriations or other funding authorizations therefor are eventually enacted. Sponsor's continued performance during such a budgetary hiatus cannot, by itself, obligate the State to making expenditures without appropriations. 9. Sponsor Liability. 9.1. Sponsor shall be responsible for all damage to person or property arising from any act or negligence performed by or on behalf of the Sponsor, its officers, agents, servants or employees, contractors, subcontractors or others in connection with this Agreement. The Sponsor specifically agrees that its agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform. 9.2. The Sponsor shall indemnify and save harmless NYSDOT & the State for all damages & costs arising out of any claims, suits, actions, or proceedings resulting from the negligent performance of work by or on behalf of the Sponsor, its officers, agents, servants, employees, contractors, subcontractors or others under this agreement. Negligent performance of service, within the meaning of this section shall include, in addition to negligence founded upon tort, negligence based upon the Sponsor's failure to meet professional standards & resulting in obvious or patent errors in the progression of its work. 10. No Assignment or Transfer of Contract. Sponsor agrees not to assign, transfer, convey, sublet or otherwise dispose of this contract or any part thereof, or of its right, title or interest therein, of its power to execute such contract to any entity, public or private, without the 4 '. Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD previous written consent of NYSDOT first having been obtained, 11. Independent Contractor. The officers and employees of the Sponsor, in accordance with the status of the Sponsor as an independent contractor, covenant and agree that they will conduct themselves consistent with such status, that they will neither hold themselves out as nor claim to be an officer or employee of the State by reason hereof, and that they will not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the State, including, but not limited to, Workers' Compensation coverage, Unemployment Insurance benefits, Social Security or Retirement membership or credit. 12. Appendix A, standard provisions for all New York State Contracts, is attached hereto and is hereby made a part of this agreement as if set forth fully herein. 13. Term of Agreement. As to the Project or projects described in Schedule(s) A, this agreement takes effect as of the date of this Master Agreement as first above written. This agreement takes effect consistent with the date of Project work established and described in any duly executed and approved Schedule A or Supplements to Schedule A. Failing Project completion within the period set forth in Schedule A or Supplements to Schedule A, or agreement by NYSDOT to extend a Project completion date for good cause, this Agreement will expire and be of no further force or effect. This agreement shall only remain in effect so long as Multi-Modal funding authorizations are in effect and funds are made available pursuant to the laws controlling such authorizations and availabilities. However, if such authorizations or availabilities lapse and are not renewed, continued or reenacted, as to funds encumbered or available and to the extent of such encumbrances or availabilities, this agreement shall remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds may be affected by budgetary hiatuses, a State budgetary hiatus will not by itself be construed to lapse this agreement, provided any necessary State appropriations or other funding authorizations therefor are eventually enacted. 5 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD IN WITNESS WHEREOF, NYSDOT has caused this Agreement to be signed by its authorized representative and Sponsor has caused this Agreement to be signed by its duly authorized officer, to be effective on the date first written above. D Ode" T:1 ').. Sponsor: TOWN OF SOUTHOLD BY:~~ TITLE: Sllpih v1frI,( DATE: 1'2.(../olp I I New York State Department of Transportation: BY: 1I{i/;~ ct, k for the Commissioner of Transportation Aoency Certification: In addition to the acceptance of this contract, I also certify the original copies of this signature page will be attached to all other exact copies of this contract. DATE: Sponsor ACKNOWLEDGMENT STATE OF NEW YORK ) )ss,: COUNTY OF .5 u..ffO~ On this / / ~ day of {}t ~f/\~ in the Yjr 200' before me, the undersigned, personally appeared -Jci ~ . <<'"e ( . personally known to me or proved to me on the basis of satisfactory evidence to 'be the individual whose name is subscribed to the within instrument, acknowledged to me that~/she is the ~OA II; r or of the TOWN OF SOUTHOLD, executed such instrument in his/her cap ily pursuant to authority duly vested in him/her by TOWN OF SOUTHOLD . and that by J:lli;/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed this instrument. LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01 C04822563, Suffolk County Term Ex ires Dee BV: BV: DEPT. O~~ITO& cV e D ONTROl JAN 2 9 2007 APP VED: ~ ,.......__~ FORTHESTATEC~ For the State Comptroller pursuant to Section 112, State Finance Law APPROVED AS TO FORM NYS ATTORNEY GENERAL APPROVED AS TO FORM: " JAN 23 2007 New Yark Sl<<te Atlarney ~ <:;:- ~ PETER FAVRElTO ASSOCIATE AlTORNEY 6 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD Master Municipal MULTI-MODAL Program - SCHEDULE A (This Schedule may not be used where other Multi-Modal, State or Federal funding sources co-exist) T\Jwvl U{-- Sf) ~d, 1. Name of Municipal Project Owner: CITY or 6LEN eOVE 2. Project Title: Culvert replacement & drainage on Westphaolia Avenue from Deer Drive to Silkwood Road 3. MM ProjectlD#: OMS138.30A MM Program ID: MM#4 4. Maximum MM Project Reimbursement (under this Agreement): $100,000.00 5. MASTER Municipal MM OSC Contract #: D026722 6. Municipal Contact: NamefTitle: James Richter/Engineer Organization: Town of Southold Address: 53095 Main Road City/State/Zip: Southold, NY 11971 7. Project Location: Westphalia Ave., Mattituck Route/Name: From: Deer Drive To: Silkwood Road 8. Project Description/Scope: Replacement/reconstruction of existing culvert and the installation of new drainage to contain stormwater runoff. 9. Project Schedule Beginning Date: 12/06 Project Ending Date: 12/08 10. Project Cost Summary: SUMMARY COST State Multi-Modal Funding Local Funding TOTAL: under this Schedule A (Insert Zero if None) $200,000.00 $100,000.00 $100,000.00 11. Eligible Project Type: (Please check one) _ Bridge Replacement _ New Highway Construction _Interchange Const.\Reconstruction _ New Bridge Construction _Intersection Improvement _ Highway Resurfacing _ Highway Reconstruction _ Bridge Rehabilitation _ Aviation (Is this project consistent with an approved Airport Layout Plan)? Yes _No 12. Signature of responsible Local Official: Da~e: I Zjtl foe:, 13. Please print your Name & Title here: .s:,'e--otf A- ' /4I.>yeJi) SvfA0 V/4--tA.f 14. Please list your area code & phone number here: (b ~ 1) 7 (p ~-~ I y 3'C( _X_ Other (Please explain): Culvert replacement, shoulder improvements, new drai 7 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD Master Municipal MULTI-MODAL Program - SCHEDULE A (This Schedule may not be used where other Multi-Modal, State or Federal funding sources co-exist) 8 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON.ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, 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, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 ofthe State Finance Law (or, ifthis contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $30,000 (State Finance Law Section 163.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 ofthe Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 2 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and payor provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an intemational boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET -OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set- off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set- off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendaryear in which they were made and for six (6) additional years thereafter or three (3) years after final payment, whichever is later. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall 3 Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (Hi) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, Le., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTIFICATION. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, 110 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of payor other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, 4 . . Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose ofthis section. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Empire State Development Corporation's Division of Minority and Women's Business Development (MWBD) pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law 9165. (Use of Tropical Hardwoods) 5 L "".. . Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTH OLD which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility ofthe contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in 9165 State Finance Law. Any such use must meet with the approval of the State; otherwise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES (NON-FEDERAL AID NEW YORK STATE CONTRACTS)' In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992 (NON-FEDERAL AID NEW YORK STATE CONTRACTS). It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St -- ih 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; 6 ......' .. Universal Master Municipal MM4 Agreement Municipal Sponsor: TOWN OF SOUTHOLD (b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261 ), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS (NON-FEDERAL AID NEW YORK STATE CONTRACTS). Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and 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 contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. 7 UnivFIN 421mm (10105) PAYEE ID# NYS Contract No. Request Sequence # _ For .Payee ID": Municipalities use ase Municipal Code; Non-Municipalities use their Federal Employer ID Number (FEIN). IMPORTANT: List PIN#(s) for individual project(s) on reverse side for each reimbursement requested ! Multi-Modal Program Fund Source (check one that applies): MM#2 MM#4 PAYEE INVOICE #: Work Period Covered (for this eslimale) FROM TO / / Payee/Project Sponsor/Owner Name: Current Completion Date -----1-----1_ Street Address MIR Date -----1-----1_ (completed by NYSDOT for approved MAP.) City Original MM Contract Amount: $ State NY Zip Code Current MM Contract Amount: $ Project Sponsor Prepares NYSDOT Use Only 1. Total work reported on previous payment requests (See Column "Bn on reverse side) 2. Work reported on this payment request (See Column "An on reverse side) 3. Total work reported to date (See Column "cn on reverse side) 4. Adjustments (for NYSDOT use only) Reason 5. Previous payments 6. Payment requested or processed PROJECT SPONSOR CERTIFICATION I, I do hereby certify that I am the of (Name) (Title) . Project Sponsor for the work referred to in the foregoing payment request; that I am the person in whose name the foregoing account against the State of New York is rendered; that the labor, materials. expenses or services charged for were actually delivered, incurred or rendered and that the prices charged are just and reasonable; that the expenses detailed herein were actually incurred; that the services specified were actually rendered as charged; and further, that no percentage or compensation has been paid or promised to be paid to any manager, trustee, officer or employee of said agency, corporation, institution, deparbnent. board. commission or related person by reason of the claimant having been allowed to sell to, incur expense for, or render services thereto also, to the best of my knowledge and belief, no manager. trustee. officer or employee of said agency, corporation. institution, department. board. commission or related person has or has had any interest direcUy or indirectly in said artide, materials, expenses or services; that no part of the foregoing account has been paid. and that the above statement is true and correct. I specifically certify that the project costs herein identified (see individual PIN-specific amount(s) listed on reverse side) meet all Multi-Modal (MM) funding eligibility requirements under the subject contract and eligible fund source, which include: (1) that the service life of each individual project is ten (10) or more years, (2) that project work was performed in accordance with the State Environmental Quality Review Act (SEQRA). (3) for highway & bridge mode projects, that (a) MM funding is not used for the mandated non-Federal matching share of a Federally funded Highway or Bridge project. (b) the amount of MM funds requested is and shall be no greater than prior unreimbursed municipal project expenditures for work completed or materials incorporated in a qualifying project(s), and (c) that the amount of municipal funds appropriated for transportation capital projects is not and shall not be reduced because of the MM funding, (4) for any Airport or aviation facility type. that Federal funding is not available to the Project, but the Project is consistent with an approved airport layout plan. I further certify that the total amount claimed herein is for unreimbursed capital project monies which were expended on or after April 1. 2000 (for MM#2) or April 1, 2005 (for MM#4) as authorized by Section 14.k of the Highway Law. DATE SIGNATURE (-.-J TELEPHONE NO. CERTIFICATION BY NYS DEPT. OF TRANSPORTATION I. . do hereby certify that I am the and (Name) (Title) have reviewed the payment request and to the best of my knowledge find them to be acceptable statements of the expenditures made and of the amount of payment due. When necessary, the project has been inspected for assurance that the work and material used are in reasonable confonnity to approved plans and specifications. DATE SIGNATURE (-.-J TELEPHONE NO. --. Multi-Modal (MM) #2 or #4 sponsor's Project payment Request Project 10 MODE Current Total Combined MM Amount of Initial Number(s) (H)wyor Reimbursement of all Payment(s) Project Budget Here Bridge Amount Previous Due to Project Budget Amount Balance if "PIN#" (P)ortor Reauested Payments (Life-to-Date) Allocated Remaining Final Ferry (R)ail "A" "B" "C" ("A" + UB") "0" "E" C'O" ... "en) Pay- (A)irport ment [Line #2 on Other Side] [Line #1 on Other Side] [Line #3 on Other Side) $ $ $ $ $ 1 st Project Title/Description: $ $ $ $ $ 2nd Project Title/Description: $ $ $ $ $ 3rd Project Title/Description: $ $ $ $ $ 4th Project Title/Description: $ $ $ $ 5th Project Title/Description: $ $ $ $ 6th Project .~ Title/Description: $ $ $ $ $ 7th Project Title/Description: $ $ $ $ $ 8th Project Title/Description: $ = TOTAL WORK REPORTED ON THIS PAYMENT REQUEST [See Line 2 on other side] UnlvFIN421mm (10/05) REVERSE SIDE