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HomeMy WebLinkAboutLaurel Lake Preservation & Trail PlanRESOLUTION 2006-853 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 Southold hereby authorizes and directs Supervisor Scott A Russell to sign an Agreement 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 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell New York State Office of Parks, Recreation and Historic Preservation Long Island Region - Belmont Lake State Park, P.O. Box 247, Babylon, NY 11702-0247 www.nysparks.com IDavld A. Paterson Governor Carol Ash Commissioner August1,2008 RECEIVED James McMahon Town of Southold P.O. Box 1179 Southold, NY 11971 AUG - 5 2008 Southold Town Clerk Re: EPF 540328 - Laurel Lake Preservation and Trail Plan Dear Mr. McMahon: Enclosed for your file is a fully executed copy of the above referenced Agreement. Please read through this document carefully, paying particular attention to the attached appendices that contain project specific information relative to your project. I have also included information on the bidding requirements and payment/closeout procedure. If you have any questions regarding any of these items, or would like to schedule a meeting to discuss same, please feel free to call me at 631.321.3543. Very truly yours, . , Traci Christian Grants Program Representative Enclosures An Equal Opportunity/Affirmative Action Agency ~¢~ 13~nted o~ recycled paper STATE AGENCY (Name & Address): New York State Office of Parks, Recreation and Historic Preservation Agency Building One Empire State Plaza Albany, New York 12238 CONTRACTOR (Name & Address): Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 CHARITIES REGISTRATION NUMBER: N/A CONTRACTOR IS UP-TO-DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: N/A MLrNICIPALITY NUMBER: 470379000000 STATUS CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS NOT A NON-FOR-PROFIT ORGANIZATION NYS COMPTROLLERS NUMBER: C540328 NYS AGENCY NUMBER: EPF-540328-L2 ORIGINATING AGENCY CODE: 49070 REGION: LI TYPE OF PROGRAM ENVIRONMENTAL PROTECTION FUND PKS INITIAL CONTRACT PERIOD: FROM: April 22, 2004 TO: December 31, 2008 FUNDING AMOUNT FOR INITIAL PERIOD: $97,500.00 MULTI-YEAR TERM: (if applicable) FROM: N/A TO: N/A APPENDICES ATTACHED AND PART OF THIS AGR~EEMENT: APPENDIX A...Standard Clauses for All New York State Contracts APPENDIX Al...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 pa~ties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF-540328-L2 CONTRACTOR: Town of Southold CONTRACT NUMBER: C540328 STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation Printed Name: Scott A. Russell Printed Title: Supervi sot Date: April 1~ 2008 State Agency Certification: "In addition to the acceptance of this contract, I also ce~'tify that original copies of this signature page will be attached to all other exact copies fth~s contract. STATE OF NEW YORK ) COUNTY OF 5OQ=~c>~,{'(.~I SS.: KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY f¢02C06119838 MY COMMISSION EXPIRES DEC. 6, 2~ On the ~ ~¥d~ ay of Apr il in the year 2 0 0 8 , 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(t) whose name(q) is (~) subscribed to the within instrument and a~knowledged to me that heMen/lh~ executed the same in hm+~r/tkc~r/capacity~n~), and that by his .a'.zr.'tkz~r s~gnature¢0 on the instrument, the individual(t,), or the pe~on uAt~on behalf of which t3e individual00 acted, executed the instrument. .ota~/ ? x~  lic, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli _ State Comptroller APPROVED DEPT. OFAUDIT& CONTROL JUN 1 7 2008 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: STATE AGENCY: Town of Southold New York State Office of Parks, Recreation, and Historic Preservation Printed Name: Scott A. Russell By: Date: Printed Title: :Supervisor State Agency Certification: Date: April 1~ 2008 "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." STATE OF NEW YORK ) COUNTY OF 5tdf:~O,K.//-- I SS.: KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #02C06119838 MY COMMISSION E×PJRES DEC. 6, On the l~q~day of Apr i 1 in the year 2 0 0 8 , before me, the undersigned, personally appeared Scott A. Rus se 11 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(I) whose name(~ is (a~') subscribed to the within instrument and acknowledged to me that he/sOa~o~q~ executed the same in his,+.cr,'g~cld capacity(i~l~), and that by hisg~r4t4,~ signature(~) on the instrument, the individual(~), or the p~rson upon behalf c~ which, the individual(lO acted, executed the instrument. .~/d.~ ~____~ ~Io'~ary Public, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapolJ State Comptroller By Date IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF-540328-L2 CONTRACTOR: Town of Southold Printed Name: Scott A. Russell Date: CONTRACT NUMBER: C540328 STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation Printed Title: Supervisor Date: April 1~ 2008 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." STATE OF NEW YORK ) COUNTY OF 5/~/~-~O/x{Q-~SS': Onthe l,~dayof April intheyear 2008 KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #02C06119838 ~ MY COMMISSION EXPIRES E)EC 6, 25 , 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(IO whose name(lo is (~*e) subscribed to the within instrument and acknowledged to me that he/*da~-f~hegexecuted the ' '~-"~ ........ · same ~n h~ .............. capaclty(4~), and that by his/l~4t-~4r s~gnature(~) on the instrument, the individual(~), or the per,on upon behalf of whi~ the individual(10 acted, executed the instrument. _~!/~, x~ T ad~l~ublic, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date 1N 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: STATE AGENCY: Town of Southold New York State Office of Parks, Recreation, and Historic Preservation Printed Name: Scott A. Russell By: Date: Printed Title: :Supervisor Date: April 1~ 2008 State Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page wilt be attached to all other exact copies of this contract." STATEOFNEWYORK ) )SS.: COUNTY OF ~['~K~AI~ K}ERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #02C06119838 MY COMMISS}©N EXPIRES DEC. 6, 20__~ On the J~day of Apr il in the year 2 00 8 , 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(¥ whose nam{ is (me-) subscribed to the within instrument and acknowledged to me that he/zkz,'ff, c3- executed the same ir .~pacity(i~), and that by his&zr/tl;z~i; signature(tO on the instrument, the individual(S), or the pm upon oenallmf hich the individual(l) acted, executed the instmment. ~ Ni a~.~ic, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their s~gnatures. PROJECT NUMBER: EPF-540328-L2 CONTRACTOR: CONTRACT NUMBER: C540328 STATE AGENCY: Town of Southold New York State Office of Parks, Recreation, and Historic Preservation Printed Name: Scott A. Russell Date: Printed Title: Supervisor Date: April 1~ 2008 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." STATE OF NEW YORK ) COUNTY OF ~t,t~F~:>/~[C-I SS.: KIERAN M. CORCORAN QUALIFIED fN SUFFOLK COUNTY NOTARY #02C06119838 On the J, ~t~day of Ap r i 1 in the year 2 0 08 , before me, the undersigned, personally appeared Scott A. Russe 11 , personally known to me or proved to me on the basis of satisfactory evidence to b~e/,i~n, dividual(tD whose name(~) ires (~/.a~? subscribed to the within instrumen!/.a~d a~lmowledged to me that he .........z:,' executed the same in hm,.~r, .hoir/capacity(:i~r¢, and that by his~zr. acted, executed s~gnature(~) on the instrument, the individual(~), or the person gpon~b,ehalf of which ~e individual(1) the instrument. ~ot~/ /~ ~ . ota~lic, State 0fNew York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates belmv their signatures. PROJECT NUMBER: EPF-540328-L2 CONTRACTOR: Town of Southold CONTRACT NUMBER: C540328 STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation By: Date: Printed Title: ':Supervisor Date: April lt~ 2008 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." STATE OF NEW YORK ) COUNTY OF .5 LtC-~-E>/-,{Qd SS.: KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY ~')2C08119838 MY COMMIsSfON EXP~R/2S DEC. 6, On the l~d~d~ ay of April in the year 2 00 8 , before me, the undersigned, personaiiya~ppeared Scott A. Russell , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(i) whose name(l) is (ar-e) subscribed to the within instrument and acknowledged to me th ~t.~.,,~ at he .......... y ~xecuted the same in hirgl~d&e, ir4 capacity(ms-), and that by his/Ja~'tty6~ signature(~0 on the instrument, the individual(g), or the per~on)gr6h~behalf of which the individual(~) acted, executed the Instrument. ,~ic, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By Date 1N WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. PROJECT NUMBER: EPF-540328-L2 CONTRACTOR: Town of Southold CONTRACT NUMBER: C540328 STATE AGENCY: New York State Office of Parks, Recreation, and Historic Preservation Printed Name: Scott A. Russell By: Date: Printed Title: Supervisor Date: April 1~ 2008 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." STATE OF NEW YORK ) COUNTY OF ~5LA ~::~o ~4SS': KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #O2C06119838 MY COMMISSIOr.~ EX~ iRES DEC. 6, On the !¥~tay of Apr J. 1 in the year 2 00 8 , before me, the undersigned, personally appeared Scott A. Rus se 11 , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(~) whose name(a) is (a~,e) subscribed to the within instrument and acknowledged to me that he~&~kt, M-y-executed the sam$ in his/Jae~r,~ae~ capacity(.i~.), and that by his/l~-rc-~ ~i? eg~antsUrtr~(SJenO~ the instrument, the individual(~), or the bers~r~pon)behalf of which the individual(l)acted, executed N~a/ry Public, State of New York ATTORNEY GENERAL: Approved: Thomas P. DiNapoli State Comptroller By__ Date STATE AGENCY (Name & Address): New York State Office of Parks, Recreation and Historic Preservation Agency Building One Empire State Plaza Albany, New York 12238 CONTRACTOR (Name & Address): Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 CHARITIEs REGISTRATION NUMBER: N/A CONTRACTOR IS UP-TO-DATE with filing all required annual written reports with the Attorney General's Charities Bureau, or the appropriate oversight Agency FEDERAL TAX ID NUMBER: N/A MUNICIPALITY NUMBER: 470379000000 STATUS CONTRACTOR IS NOT A SECTARIAN ENTITY CONTRACTOR IS NOT A NON-FOR-PROFIT ORGANIZATION NYS COMPTROLLERS NUMBER: C540328 NYS AGENCY NUMBER: EPF-540328-L2 ORIGINATiNG AGENCY CODE: 49070 REGION: LI TYPE OF PROGRAM ENV/RONMENTAL PROTECTION FUND PKS iNITIAL CONTRACT PERIOD: FROM: April 22, 2004 TO: December 31, 2008 FUNDiNG AMOUNT FOR iNITIAL PERIOD: $97,500.00 MULTI-YEAR TERM: (if applicable) FROM: N/A TO: N/A APPENDICES ATTACHED AND PART OF THIS AGREEMENT: APPENDIX A...Standard Clauses for All New York State Contracts APPENDIX Al...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 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. W1TNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled 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 follows: 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 shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall 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. Fo[ each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent that any reqmre 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 form(s). 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 Al. 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 Workplan (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. II. 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). q3ae 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. IH. Terminations A. This AGREEMENT maybe terminated ~ any time upon mutmlwh~en consent oft~ 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, roles, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any mason in accordance with provisions set forth in Appendix Al. 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. 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, roles or regulations, or as stated in Appendix Al. 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 activihes 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 A 1. STANDARD r.I~USES FOB NYS CONTRACTS 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 artempts 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 of the State Finance Law (or, if this 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 $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.UN.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 $85,000 (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 of the 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 ortgin, 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, m 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 ~vho is qualified and available to perform the work; OT Ih) discriminale against or intimidate any employee hired fol performance of work under this contract. Contractor is subject to fines of $50.00 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 pay or 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 international 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 contrach 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-of£ 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 calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as .~?ANDABD CLAUSES FOB NY$ eONTIIADT~ 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 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 (iii) 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, i.e., 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. (I) 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 Iessor 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, I I0 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR M1NORIT_IES AND WOME__.~N. 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 docs 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 ~vritten 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 thc 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 cmployees or applicants for employment because of race, creed, cole1, nationaT 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 pay or other forms &compensation; (b) at the request of the contracting agency, 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 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 constmcfion, 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 of this 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 Governor's Office of Minority and Women's Business Development 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 I I-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 CCPLR"), Contractor hereby consents to service of process upon it by registered or certified ma/[, 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. Contractm must promptly notif~v the State, in writing, of each and every change of address to which service of process can bc made Service by thc State lo the Ir~st km)wn address shall be sufficient STANDARD nlAIISES FOB NYS CONTRAI~TS Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCRASE OF TROPICAl, ItARDWOODS. The Contractor certifies and warrants that all wood products to be used under this coniract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any govemmantal agency or political subdivision or public benefit corporation. Qualification for an exemption under this law will be the responsibility of the 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 §165 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. In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Conitactor 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. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and woman-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 -- 7th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518-292-5884 http://www.empire.state.ny, us 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 Telephone: 518-292-5250 Fax: 518-292-5803 hrtp://www.empim.state.ny.us Thc 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 tban $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subco~qt~:~ctors, including certified minol/ty 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 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. 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 ofjufisdictions 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. hmo. 2(!06 Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX A1 Clauses Required by Office of Parks, Recreation and Historic Preservation 1. Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix 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 budget items provided such changes do not exceed twenty percent of the total value of the contract and have the STATE's written approval. Changes in the Program Workplan 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. Termination. A. In the event the project cmmot 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 agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR from compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event ora breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. Participation by New York State Businesses and Minority Group Members and Women with Respect to State Contracts; Onmibus 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 business enterprises, as subcontractors and suppliers on its procurement contracts~ A. Omnibus Procurement Act Provisions. 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. If located 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. EquaI 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 pml~oses, affirmative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layofl; or ternfination 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. 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: IV. (a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, 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 performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or 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. 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, infoimation 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 foim of staffing plan shall be supplied by the STATE. V. On a schedule to be determined by the STATE, and in a fmxn and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, 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 sub-paragraphs (I) through (V) in every subcontract in such a manner that the requirements oftha provisions will be binding upon each subcontractor as to work in connection with this con~act, including the requirement that subcontractors shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equaI employment oppor~nities 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. MinorityfWomen 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 II. Definition. For the purposes of these clauses, the following definition shall apply: (a) "Certified business" shall mean either a business certified as a minority or women-owned business enterprise pursuant to section 314 of the Executive Law. (b) "Director" shall meao the Director of the Divisiou of Minority and Women's Business Development established by section 311 of the Executive Law. (c) "Minority group member" shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups: (l) Black persons having origins in any of the Black African racial groups; (2) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, CentraI 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. (d) "Minority-owned business enterprises" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: (e) (1) at least fifty-one percent owned by one or more minority group members; (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority 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. "Subcontract" shall mean an agreement providing for total expenditures 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, parmership, corporation or not-for-profit corporation, in which a portion of a contractor's obligation under a state contract is undertaken or assumed. (0 omen-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 operate& III. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified M/WBE's on this agreement, at the direction of the STATE, but in no case later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list ali subcontractors and suppliers the contractor intends to us~ on the contract and indicate which are certified M/WBE's. (b) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; (1) the name of any M/WBE which is not acceptable for the purpose of complying with M/WBE participation goals; (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation of M/WBES; and (3) other information which the STATE determines to be relevant to the utilization program. (4) (c) Th~ contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within fige days and direct the contractor to subnfit a request for a partial or total waiver of M/WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within five days of the contractors receipt of a notice that the statement of remedy was untimely or inadequate. (d) A contractor who has made good faith efforts to obtain commitments from M/WBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions of clauses (b) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) If the contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M/WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or if the contract has not been executed, the STATE shall withdraw from contract negotiations. Notice of termiuation or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. IV. Administrative Hearing on Disqualification of Contractor. (a) If the STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination of disqualification of the contractor. Co) (c) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. V. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the M/WBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? (b) Did the contractor place advertisements in appropriate general circulation, trade and minority or woman-owned publications in a timely fashion? (c) (d) (e) Did the contractor make written solicitations to women and minority-owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion'? Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? Did the contractor attend any prebid or preaward meetings scheduled by the STATE with M/WBE's which the STATE determined were capable of performing xvork or supplying materials on the contract'? Were the subcontract terms and conditions offered to M/WBE's comparable to those offered in the ordinary course of the contractor's business to othcr subcootractors on the contract? (g) Did the contractor make payments to M/WBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shall submit, and shall 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 shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure or Inability to Meet M/WBE Participation Goals. (a) If the c~ntract~r~ a~er making g~~d faith eff~rts~ is unable t~ c~mply with a c~ntract's M/WBE participati~n g~als~ the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. (b) If the STATE, upon review of the contractor's utilization program and compliance reports, determines that the contractor is failing or refusing to comply with M/WBE participation goals, and no waiver has been issued in regards to such non-compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of M/WBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the c°ntract°r submits a request for a waiver of MAVBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15-A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. (b) If the c~ntract~r fai~s t~ resp~nd t~ a n~tice ~f de~ciency~ the STATE may ~le a c~mplaint with the Direct~r pursuant to section 316 of Article 15-A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief. (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. (e) Upon receipt of a complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15-A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. (f) Upon conclusion of the arbitration proceedings, the arbitrator will submit to the Director his or her award regarding the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to grant a waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law and Rules. (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommend to the Director a remedy, including, if appropriate, the imposition of sanctions, fines or penalties. The Director will either; (1) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed; or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determinati°n °f the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, fi.om pursuing any-other remedies which it may have pursuant to law and the contract. IX. Subcontracts. The contractor will include the provisions of sub-paragraphs (v) and (viii) above in every subcontract, as defined in sub-paragraph (ii), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. Non-Discrimination. The CONTRACTOR shall 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 To include: 30.7 acres. $2,990,000.00* Development To include: Demolition and removal of old buildings and debris, removal and disposal of dock, construction of handicapped accessible land observation deck, parking lot improvements, picnic tables, waste receptacles. $ 97,500.00 TOTAL COST $3,087,500.00 FUNDING BREAKDOWN: STATE Share CONTRACTOR Share $ 97,500.00 $2,990,000.00 *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 Southold 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 Il. 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 5 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 shall 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 fully 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 1 - Summary Sheet Per Parcel" form. Acceptable methods of identification are: { 1 } 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 identi~y all k~own 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 construct/on 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 standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. *May be prepared on one map 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. 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 Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX D - PROGRAM WORKPLAN I. PROJECT NARRATIVE: The Town of Southold has purchased a 30.7 acre parcel as part of the Laurel Lake Preservation Plan. The goal is to link this property with others to protect over 520 acres of land around Laurel Lake and to create a trail system. This project includes the removal of a dilapidated dock, building demolition, parking lot improvements, and construction of a handicap accessible observation deck overlooking Laurel Lake. This will allow visitors the opportunity to experience the natural beauty of the preserve without jeopardizing the existing natural resources. Il. ARTICLE 1SA PARTICIPATION: The STATE has established the following goals for the participation of certified minority and women-owned businesses (MWBEs) on this project: MBEs: 8% of total dollar value WBEs: 5% of total dollar value The CONTRACTOR shall comply with the provisions of the document labeled Appendix Al, which is attached to and made a part of this AGREEMENT. III. PROJECT TERM: April 22, 2004 December 31, 2008 IV. PROJECT SCHEDULE: The following Schedule is a recommended timeframe for monitoring major thresholds, which will result in completion of the 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: Documentation of clear title as required by the Attorney General's Office Permits - DEC/COE Final Plans and Specifications UPON SATISFACTION OF THE ABOVE, PROCEED WITIt THE FOLLOWING: Bidding Process Commences Bid Award MWBE Utilization Program Start of Construction MWBE Required Reports Payment Requests Project Completion Close-out Documentation Requirements (See Appendices C) MONTHLY BEGINNING 12/07 01/08 12/08 03/08 03/08 03/08 04/08 04/08 ONGOING 06/08 12/08 APPENDIX-X-MODIFICATION AGREEMENT FORM Period From: To: Funding Amount for Period: Agency Code: 49070 Project #: 540328 Contract #: C540328 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 Town of Southold, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C540328, as amended in attached Appendix.. All other provisions of said AGREEMENT shall remain in lhll force and effect. IN WITNESS WHEREOF, the part/es hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR: Town of Southold By: Printed Name: STATE AGENCY: New York State Office of Parks, Recreation and Historic Preservation By: Date: Printed Title: State Agency Certification: Date: STATE OF NEW YORK County of On the ) ) SS.: ) "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." 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 his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ATTORNEY GENERAL (Notary Public, State of New York) Approved: Thomas P. DiNapoli State Comptroller By Date Town of Southold Laurel Lake Preservation and Trail Plan EPF-540328-L2 APPENDIX E - SPECIAL CONDITIONS AND REQUIREMENTS PKS PROJECTS *L 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 fi.om the STATE. The project sign shall 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. *III. 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. IV. This project may require permits from either the Suffolk County Water Department, the NYS Department of Environmental Conservation (DEC) ancYor 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. V. The CONTRACTOR shall provide clear title documentation to the satisfaction of the Attorney General. VI. Pursuant to Section 44 I. I (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. *Conditions noted with an asterisk must be satisfied prior to commencement of work on this project. Town of Southold Lam el Lake Preservation and Trait Plan EPF-540328-L2 APPENDIX F - PROGRAM SPECIFIC REQUIREMENTS I. Construction Requirements. A. Any consultant contract in the amount of twenty-five thousand dollars ($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 shaI1 further verify that appropriate documents have been prepared by a professionaI 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 shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS -- 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 le 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 W ' ' orkers Compensation Law, to main!ain for STATE audit and review either proof that they have Workers' Compensation coverage for any employees, or a wmver 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. II. Fees. The CONTRACTOR may charge a reasonable fee for the use of any facility, which is part of the project. A. Except for the imposition ora 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 shall 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-res/dents. D. This provision does not apply to non-resident fishing and hunting license fees. III. Funding. The CONTRACTOR hereby certifies that the funds made available by the STATE under this AGR EEMENT shall not supplant local funds already appropriated or identified by the CONTRACT OR for the project. IV. Termination. 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 termination of any obligation of the STAT E. In the event the CONTRACTOR should be deemed to have abandoned the project for any reason o 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 sell 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 shaI1 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. NEW YORK STATE OFF[CE OF PARKS, RECREATZON AND HISTORIC PRESERVATI'ON GRANT RECIPIENT GOOD FA]TH EFFORTS GUZDE The contractor's compliance with the NYS Office of Parks, Recreation and Historic Preservation's Minority- and Women-Owned Business Enterprise (MWBE) policy will be evaluated based upon the use of "good faith efforts" to achieve maximum results. Compliance will be determined by an objective evaluation. Specific Recommendations: · Submit a completed, MWBE program for OPI~HP approval. · Establish contacts and working relationships with New York State certified MWBE companies. · When possible, use MWBE prime contractors, subcontractors and suppliers. · Invite Regional Grant Representative to pre-bid and/or pre-award meetings. · Offer the same terms and conditions to New York State certified MWBEs as those offered to other prime contractors, subcontractors and/or suppliers. · Make timely payments to New York State certified MWBEs for work completed. · [na timely manner, follow up any written solicitation to MWBEs with personal contact. · Immediately notify Regional Grants Representative of any issues preventing participation of New York State certified MWBE firms. · Document and maintain records of all solicitations and contacts to New York State certified MWBEs. Thorough documentation is essential for modeling good faith efforts. · As a grant recipient, did you submit the following reports to-the Regional Grants Representative's office at designated times? Grants With MWBE Goals: · EEO Policy Statement · Utilization Program For Prime Contractors, Subcontractors/Suppliers (Submit one (1) copy with bid or immediately following negotiation.) · Payment Statement (Submit one (1) copy of this repoKc with each payment (including the final) request.) · Monthly Workforce Employment Utilization Reports. (Submit this report with each payment (including the final) request.) EEO: · EEO Policy Statement (Submit with Bid Specs to the Regional Grants Representative for OPRHP approval.) · Monthly Workforce Employment Utilization Reports. (Submit this report with each payment (including the final) request.) · Payment Statement. (Submit one (1) copy of this report with the-Ctr~l payment request.) GOOD FA]TH: - · EEO Policy Statement · Payment Statement (Submit one (1) copy of this report with the final payment request.) · Monthly Work Force Employment Utilization Report INVITATION TO BED TOWN OF I-ILrNTINGTON Invitation: You are invited to bid on a Contract for the construction of a Handicapped Accessible Entrance Terrace for the Heckscher Museum ofA~, 2 Prime Avenue, Huntington, NY. Work includes demolition of existing stairs, ramp and selective landscaping, labor, materials, supplies and services for the successful completion ora new cast stone terrace, stairs, handicapped accessible ramp and existing stonework restoration as detailed and specified in the Contract Documents. Groundbmaking must start within two weeks of award of Contract. Substantial Completion of the project is September 1, 1997. Receipt and Openino_ of Bids: Sealed bids will be received at the Museum April 18, 1997 at 10:00 AM. Any bids received a~er this time will be returned to the bidder unopened. Bid Securiv.': Bid Securi~ of $4,000.00, payable to the Heckscher Museum of Art is required. A Bid B~nd Form (AIA document A3 I0) is provided with the bid documents. Contract Documents: One set of Contract Documents and additional forms for bid and Bid Bond will be made available to view at F.W. Dodge Division, 510 Broad Hollow Road, Suite 304B, Melville, NY 11747, telephone number 516-293-9660 on March 28, 1997. The Contract Documents may be purchased at Nassau-Suffolk Blueprinting Co., Inc., 354 Wheeler Road, Hauppauge, NY I 1788, telephone number 516-234-0666 for $55.00 per set (24 hr. notice required). All bidders are invited to attend a pre-bid conference and inspection at the Museum on Wednesday, March 26, 1997 at 10:00 AM. Requests for clarification and interpretation of bidding documents shall be made in writing to the Architect, Arm: Steven Tiezzi, AIA at Centerbrook Architects, PO Box 955· Essex, CT 06426-0955 (fax # 860-767-8719) before April 14. 1997. Subcontractors shall direct their questions to the Contractors for submittal to the Architect as complete packages. The Contract is subject to the provisions of Article 15-A of the Executive Law. Therefore, the winning bidder may be required to submit an Equal Employment Oppormni~' Program and a Utilization Program within seven days of being notified of award, and make good faith efforts to achieve goals established by the Museum and the New York State Office of Parks, Recreation and Historic Preservation for the participation of minority and women-owned business enterprises. Reports showing the participation of various business enterprises as Subcontractors and Suppliers on the Contract will be required. Goals for this project shall be: Minori .ty-owned enterprises - ,4,t~% of the total dollar value Women-owned enterprises - ~A~2~-,~ of the total dollar value A list of M%~BE Business Enterprises who may be able to participate on this project will be provided in the bid Performance and Payment Bond: A labor and material payment bond in the full amount of the Contract is required and shall be included in the bid price. AIA document A312 shah be used as the form for the bond (included in the Contract Documents). General: Exclude from the bid all New York State Sales Tax on materials or supplies purchased for this Project and all Town permit fee costs. Attention is called to requirements as to conditions of employment and minimum wage rates. Award of Contract: It is the intention of the Owner to award a Contract to the lowest bona fide bidder as soon as possible. Construction may commence as early as May 5. t997. Bidders shall not withdraw their bids within thirty da.x s after award of Contract. The O~ net reserves ~he right to reject any and all bids deemed not to be in the Owner's best interest. *SAMPLE ADVERTISEMENT* New York Studio School Notice to All Bidders NOTICE OF SOLICITATION OF GENERAL CONTRACTORS FOR THE REHABILITATION OF SKYLIGHT AND INSTALLATION OF I-IVAC IN DRAWING STUDIO OF NATIONAL LANDMARK BUILDING, 8 WEST 8TH STREET, NYC Scaled bids for the rehabilitation of a skylight and installation of HVAC in a drawing studio will be received until 4:00pm Mayl9, 1997 at the New York Studio School, 8 West 8th Street, NY NY 10011 (Atto: Lauren Wisbauer)- where they will be opened and read. Each bid must be prepared and submitted in accordance with the Bidding and Contract Documents and must be accompanied by references of similar projects and a Bid Security in the form of a Certified Check, Bid Bond or Bank Check in the amount of (10%) ten percent of the bid amount. Bidders must have a minimum of 5 years successful experience in completion of similar projects for State, National or locally registered landmarks. The successful bidder will be required to furnish a Performance Bond and Labor and Material Bond each for 100% of the amount of the Contract. The completion date for this project is September 8,1997. This project is being funded in part by a grant from the State of New York (NYS). It is the policy of NYS to encourage the greatest possible participation of minority and woman-owned business enterprises in State-funded projects. The General Contractor, by bidding on the contract, acknowledges his/her understanding and support for this policy and pledges to fully cooperate with the New York Studio School in meeting NYS requirements as set forth in the Bidding and Contract Documents. Effective April 25, 1997 Bid Documents may be obtained and/or examined flee of charge at: Li/Saltzman Architects, 375 West Broadway, NY NY 10012 Each request must be accompanied by a certified cheek in the amount of $42.00 for blue-line prints, or $94.00 for sepia (non-refundable) for each set of drawings and specifications. Cash or personal checks will not be accepted. There will be a mandatory pre-bid meeting May 6, 1997 at 12:45pm at the project location, New York Studio School, 8 West 8th Street. If you have any questions, please contact Kaitsen Woo ~ Li/Saitzman Architects, (212) 941- 1838 The New York Studio School has been and will continue to be an equal opportunity organization. All qualified Minority and Women-Owned Business Enterprise (MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status. Environmental Protection Act of 1993 Title 9 PROJECT DOCUMENT APPROVAL PROCESS This fact sheet and the enclosed materials are provided in an effort to assist grant recipients in developing construction documents tbr projects funded under Title 9 of the Environmental Protection Act of 1993. As per program rules and regulations, the Office of Parks, Recreation and Historic Preservation (OPRHP) must review and approve all construction documents prior to advertising for bids. In addition, OPRHP must review and approve all procurement procedures and submitted bid proposals prior to the grant recipient awarding contracts. In order to be approved for the grant, the project documents must include the standard references in the preamble sections. These references are listed below' and supported by the enclosures. OPR/-IP funding credit: "This project is in part funded by a grant from the NYS Office of Parks, Recreation and Historic Preservation through Title 9 of the Environmental Protection Act of 1993." This statement must be included in the preamble, either in the Invitation to bid or Information for Bidders section. 2. Appendix A: Standard Clauses for all Ne~v York State Contracts (see enclosed cop.,,,) 3. Appendix A-l: OPRHP Participation by Minority Group Members and Women with Respect to State Contr. acts. and Equal Employment Oppormni~, Participation (see enclosed copy) 4. New York State Office of Parks, Recreation and Historic Preservation .-M~ticle 15-A Contractor Compliance Package and EEO inserts 5. Non-Collusive Bidding Certification (see enclosed copy) 6. Statement for i' egal Notice-Bidding Process (language in sample ad) '~ 3l-~'" ~ ~'/b~ 7. Prevaflme x,X,a.e Rate Schedule (ax'affable from .NbS Department of Labor) 3"16 ~ 8. Agreement between owner and Contractor (?anerican Institute of Architects Standard form of Agreement or equivalent) Historic Significance Acknowledge for preservation projects: "This property has been determined to possess historic and (e.g. architectural, engineering, artistic) significance and is listed in the National Register of Historic Places. The contractor shall recognize that all aspects of the property may potentially contribute to this significance, and the contractor shall not judge the relative significance of any features nor the impact of any or all proposed work. This responsibility shall rest solely with the architect. Consequently no deviations from the contract documents shall be performed, and no features or materials shall be altered, removed, reused, or taken from the premises, without the written approval of the architect as being consistent with the requirements of the contract documents. All work shall be consistent with The SecretaD, of the Interior's Standards for the Treatment of Historic Properties." _,I~ PR~OJECTj DOCUMENT APPROVAL PROCESS 1 O/Fo~ historic preservat/on projects A standard contractor s qualificat/ons clanse should be included in the general conditions and may b~ repeated in the separate work sect/om. This clause should be either one of the following: "Bidder shall have at least five years experience working with historic structures, including those on the National Register. Submit list of completed projects; include names, addresses, and names of architects and owners. Also include names of key crafspcople who will work on this specific job, their experience and jobs worked on." "Work must be performed by contractor with not less than five years successfifl experience in comparable restoration projects on historic buildings. Trades people assigned to the job must have a similar background with experience on historic s~ructures. Contractormust submit the name and location of three different projects the firm has completed, the scope of the associated work, and the name of the building owner or project contact for each who can act Clean Water/Clean Air Bond Act of 1996 Title 3 PROJECT DOCUMENT APPROVAL PROCESS This fact sheet and the enclosed materials are provided in an effort to assist grant recipients in developing construction documents for projects lhnded under Title 3 of the Clean Water/Clean Air Bond Act of 1996. As per program rules and regulations, the Office of Parks, Recreation and Historic Preservation (OPP,.HP) must review and approve all construction documents prior to advertising for bids. In addition, OPRJ--IP must review and approve all procurement procedures and submitted bid proposals prior to the grant recipient awarding contracts. In order to be approved for the grant, the project documents must include the standard references in the preamble sections. These references are listed below and supported by the enclosures. OPRHP funding credit: "This project is in part funded by a grant from the .-'flYS Office of Parks, Recreation and Historic Preservation through Title 3 &the Clean Water/Clean Air Bond Act of 1996." This statement must be included in the preamble, either in the Invitation to bid or Information for Bidders section. Appendix A: Standard Clauses for all New York State Contracts (see enclosed cop5') Appendix A-l: OPRHP Participation by Minority Group Members and Women with Respect to State Contracts, and Equal Employment OpportuniD' Participation (see enclosed cop3') New York State Office of Parks, Recreation and Historic Preservation Article 15-A Contractor Compliance Package and EEO inserts 5. Non-Collusive Bidding Certification (see enclosed cop>') 6. Statement for LegaI Notice-Bidding Process (language in sample ad) 7. Pr, evailin~ Wage Rate Schedule (available from NYS Department of Labor) ,3'~"[ 6 ~ 8. Agreement between owner and Contractor (American Institute &Architects Standard form of Agreement or equivalent) Historic Significance Acknowledge for preservation projects: "This property, has been determined to possess historic and {e.g. architectural, engineering, artistic) significance and is listed in the National Register of Historic Places. The contractor shall recognize that all aspects of the property, may potentially contribute to this significance, and the contractor shall not judge the relative significance of any features nor the impact of any or ail proposed work. This responsibility shall rest solely with the architect. Consequently no deviations from the contract documents shall be performed, and no features or materials shall be altered, removed, reused, or taken from the premises, without the wrinen approval of the architect as being consistent with the requirements of the contract documents. All work shall be consistent with The Secretary &the Interior's Standards for the Treatment of Historic Properties." y,YECT DOCUMENT APPROVAL PROCESS 10/F0~r historic preservation projects: A standard contractor's qnahficat~ous clause should be included in the general conditions and may be repeated in the separate work sections. This clause should be either one of the following: "Bidder shall have at least five years experience working with historic s~ructures, including those on the National Register. Submit list of completed projects; include names, addresses, and names of architects and owners. Also include names of key crafspeople who will work on this specific job, their experience and jobs worked on." "Work nmst be performed by contractor with not less than five years successful experience in comparable restoration projects on historic buildings. Trades people assigned to the job most have a similar background with experience on historic s~actures. Contractor.must submit the name and location of three different projects the firm has completed, the scope of the associated work, and the name of the building owner or project contact for each who can act NON-COLLUSIVE BIDDING CERTIFICATION (a) By signing of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury that to the best of their knowledge and belief : The prices in this bid have been arrived at independently, without collusion, consu!tati~n, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any other competitor; (2) Unless otherwise re_c/uired by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the opening directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership of corporation to submit or not to submit a bid for the purpose of restricting competition. SIGNED : TITLE : FIRM : DATE 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 eomract") agree to be bound by the following clauses which are hereby made a pan of the contract (the word "Cootxa~tor" herein refers to any Pai'W other than the State, whether a cunWactor, licenser, licansee, 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 conmict to the Contractor or to anyone else beyond finds appropriated and available for this contrast. 2.. NON-ASSIGNMENT CLAUSE. In acconJance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its fight, 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 conmsct without the Sme's written consent are null and void. The Conuactor may, however, assign its right to receive payment without the State's prior Participation pursuant to Article 5-A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section 112 of the State Finance Law (or, if this 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 conU'act, 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 excead $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 Cuntractur shall provide and maintain coverage during the life of this cunlract for the benefit of such employees as are required to be cove~l by the provisions of the Workers' Compensation Law. $. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the 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 oriantatiun, 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 repmr of any public building or public work or for the manufacture, sale or dis~bution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Conlractor ag~es that neither it nor its subconwactors 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, Conu'actor agrees that neither it · or 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 conU~ct. ConU'actor is subject to tines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible t~rnthation of this. contract and forfeiture of all moneys due hereunder for a second or subsequent viol~on. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by A~Acle 8 of the Labor Law or a building service contract coveted by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or pemutted to work more than the number of hours or days stated in said statutes, except es otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Fm'thermorc, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the prenUum rates for overtime pay, as deterrmned by the State Labor Depamnent 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 subrmssion of bids, Contractor warrants, under penalty of perjury., that its bid was arrived at independently and without collusion aimed at restricting competition. Cuntmctor further warrants that, at the time Contractor subrmRed its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalt~ 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 cun~ract 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, purt~ership or corporation has participated, is participating, or shall participate in an intematiunal boycot~ in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2a,01 at seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Cunffactor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Corrffnerce 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 Cuntractur shall so notify the State Comptroller within five (5) business days of such conviction, deternunation or disposition of appeal (2NYCRR 105.4). 9, SET-OFF RIGHTS. The State shall have all of its coronaon law, equitable and statutory rights of sct-offi These rights shall include, but not be limited m, the State's option to withhold for the purposes of set- off any tr~neys due to the Contractor under this coot~tct up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or ageney, 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 calendar year in which they were made and for six (6) additional years thereafter, The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as Page I May, 2003 the agency or agencies involwd in this contact, shall have access to the Records during unrmal 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 r~anauble venue within the State, for the term al:~cified above for the punposes of insT~:ction, auditing and copying. The State shall take re,unable steps to Wotect f~om public disclosure any of the Records which are exempt fxom disclosure under Section 87 of the Public Officers Law (die "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said ~ should not be disclosed; and (ii) said recor~ shall be sufficiently identified; and (iii) designation of said ~cords us exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's fight to discovery in any pending or future litigation. 11. IDENTIFYING I~FORMATION AND pRIVA~Ty 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 offal or personal property to a New York State agency mu~ include the payee's identification number, i.e., the sellers 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. (la) PRIVACY NOTIFICATION. (I) The anthotity 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 informanun, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is rranhatory. The principal pu.q~ose 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 Cormmsaloner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by taw. (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 rrauntained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, AESOB, Albany, New York 12236. 12. EOUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, ff this cunm~ct is: (i) a written agr~waent or purchase order ins~rametu, providing for a tota~ expanditure in excess of $25,000.00, whereby a contracting agency is cormmtted to expend or does expend funds in tatum 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 comrmtted to expend or does expend funds for the acquisition, cons~'uction, demolition, replusement, major repair or renovation of real propen~ and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is corr'~Tatted to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real propon3, and improvements thereon for such project, then: Page2 mil (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or mantul 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 diSCnmmatiun. Affirmative action shall mean recroim~.*nt, ~"f~ployment, job assignment, promotion, upgrndings, demotion, transfer, layoff, or termination and rates of pay or other fi~rrns nf compenantion; (b) at the request of thc cuntracting agency, the Cotu~actor 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 es~loyment 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 m the implementation of the contractor's obligations herein; and (c) the Contrector shall state, in all solicitations or advertisements for employees, that, in the p~formance of the State contract, all qualified applicants will be afforded equal employment oppormnitias without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include thc provisions of *a", 'b", and "c" above, in every subcon~'act over $25,000.00 for the consU'uctinn, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the ~Work') except where the Work is for thc beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contxact; 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 conlxactor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall deterrmne 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 Sectinn 312 to the extent of soch duplication or conflict. Contractor will comply with all duly promulgated and lawful roles and regulations of the Governors Office of Minofity and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendroents thereof) and the terms of this Appendix A, the terms of this Appendix A shall cuntxol. 14. GOVERNING LAW. This contract shall be governed by thc laws of the State of New York except where the Federal supremacy clause requires otherwise. IS. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article ~ I-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the broach or alleged breach thereof, may not be submitted to binding arbiuation (except where statutorily authorized), but must, instead, be heard in a com'[ o f competent jurisdictiun 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 requestod, serv~ee 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 us refused or May, 2003 undeliverable. Contractor must pron'nptly 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 thmY (30) calendar days after serwce hereunder is complete in which to respodd. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Ccon'actor certifies end warrents that ail wood products to be used under this contract award will be in accordence with, but not limited to, the apenificagons end provisions of State Finance Law §165. (Use of Tropical Hardwoods) which prohibits purchase end use of tropical ha~lwcods, unless specifically exemptexL by the State or eny governmental agency or political subdivision or public benefit corporation. Qualification for en exemption under this law will be the responsibility of the conn.'tot to eslablish to meet with the approval of the Stae. In addition, when eny portico of this contract revolving the use of woods, whether supply or installation, is to be poffonned by eny subcontractor, the prime CcoWactor will indicate end certify in the submitted bid proposal that the subcontractor bus been reformed end is in complience with specifications end provisions regarding use of tropical hardwoods as detailed in §165 State Finance Law. Any such use must meet with the approvai of the State; otherwise, the bid may not be considered responsive, Under bidder certifications, proof of qualification for exemption will be the roaponsibility of the Contractor to meet with the approval of the State. 19. MACBR1DE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MasBtide Fair Employment Pnnciples (Chapter 807 of the Laws of 1992), the Con.actor hereby stipuintes that the 2onWantor either (a) has no business operations in Nonbem Ireland, or (b) shall take lawful steps in good faith to conduct eny business operations in Northern Irelend in accordance with the MacBride Fair Employment Principles (as described m Section 165 of the New York State Finence Law), nad shall pem~.t independent monitoring of complience with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York Sts~e to maximize opportunities for the pamcipation of New York State business enterprises, inclucrmg minority and women-owned business enterprises as bidders, subcontractors end 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 - '/~ Floor Albeny, New York 12245 Telephone: 518-292-5220 A directory of certified minority end women-owned business enterprises is available from: NYS Deparanent of Economic Development Division of Minority end Women's Business Development 30 South Pearl St - 2nd Floor Albeny, New York 12245 htlp://www.empire.stat e.n y. us The Orcoibus Procurement Act of 1992 requires that by signing fl~is bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater then $1 million: (a) The Contractor has made reasonable efforts to encourage the parC~cipatico of New York State Business Entenpnses as suppliers and subcontractors, including certified minority and women-owned Page 3 business enid, prises, co this project, and has retained the documentation of tbese efforts to be provided upon request to the State; (b) The Conlrastor 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 projec~ through listing eny such positions with the Job Service Division of the New York State Department of Labor, or providing such notilication in such manner as is consistent with existing collective bargaining contracts or agreements. The Ccotractor agrees to document these efforts and to provide 'said documentation to the State upon request; end (d) The Ccoiractor acknowledges notice that the State may seek to obtain offset c~dits from foreign countries as a result of this contract end ag~es to cooporate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS, 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, end if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 end 2000 amendments (Chapter 684 end Chapter 383, respectively) require that they be denied contracts which they would other,vise 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 end Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22, PURCHASES OF APPAREL. In accordence with State Finence Law 162 (4-a), the State shall not purchase eny apparel from eny vendor unable or unwilling to certify that: (i) such apparel was m~ufactared in complience with all applicable labor end occupational safety laws, including, but not limited to, child labor laws, wage end 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 end addresses of each subcontractor end a list of ail manufacturing plents to be utilized by the bidder. May, 2003 APPENDIX Al Clauses Required by Office of Parks, Recreation and Historic Preservation Changes to Budget and Program Workplan. Changes shall not be made in the work described in the Program workplan as described in Appendix D or the proposed expenditure of funds as shown in the Budget, Appendix B, without the prior writton 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 budget items provided such changes do not exceed ten percent of the total value of the conWact and have the STATE's written approval. Changes in the Program Workplan which are substantive or alter the scope, intent or basic elements of the contract, or Budget changes which are in excess of ten 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). Termination. 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. The CONTRACTOR agrees that the benefit to be derived by the United States, the State of New York and the CONTRACTOR fi.om compliance with the terms of this agreement is the preservation, protection and net increase in the availability and quality of public outdoor recreation facilities and resources available to the people of the United States, the State of New York and the CONTRACTOR and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished under this agreement. Further, payment to the STATE of an amount equal to the amount of money made available under this agreement would be inadequate compensation for any breach by the CONTRACTOR of this agreement. Therefore, the appropriate remedy in the event of a breach of this agreement by the CONTRACTOR shall be the specific performance of this agreement. 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 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 fi.om: NYS Department of Economic Development Division of Small Business 30 South Pearl Street Albany, NY 12245 Phone: (518)-292-5250FAX (518)-292-5803 Note: When requesting lists of potential subcontractors and suppliers please identify the SIC code, size and location of vandors. II. If located in a foreign country the contractor is hereby notified that New York State may seek to obtain and assign or otherwise ~tansfer 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 counU'ies to recognize offset credits created by this cunlract. B. Equal Employment Opportunity Provisions. -I of 7- MWBE 6/95 L II. IIL IV. VI. 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, afFu'mative action shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or U:rminatinn and rates of pay or other forms of compensation. 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. 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 of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing programs of affh'mative 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. Co) The CONTRACTOR shall state in all solicitations or advertisements for employees that, in performance of this contract, all qualified applicants will be afforded equal employment opportunities without discrimination because or 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 fia~ish 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 cunporate in the implementation of the CONTRACTOR's obligation herein. 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 staffing plan shall be supplied by the STATE. On a schedule to be determined by the STATE, and in a form and manner required by the STATE, the CONTRACTOR shall submit to the STATE a work force utilization report, of the work force actually utilized on this contract, 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. The CONTRACTOR shall include the language of sub-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 con~act. -2 of 7 - MWBE 6/95 VI1. 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: NYS Depar~nent of Economic Development Minority and Women's Business Development Division One Commerce Plaza Albany, NY 12245 Phone: (518) 474-7756 / Fax: (518) 486-6416 II. Definition. For the purposes of these clauses, the following definition shall apply: (a) "Certified business" shall mean either a business certified as a minority or women-owned business enterprise pursuant to section 314 of the Executive Law. (b) "Director" shall mean the Director of the Division of Minority and Women's Business Development established by section 311 of the Executive Law. (c) "Minority 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, Cenu-al 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. (d) "Minority-owned business enterprises" shall mean a business enterprise, including a sole proprietorship, parmership or corporation that is: (1) at least fifty-one percent owned by one or more minority group members; (e) (0 (2) an enterprise in which such minority ownership is real, substantial and continuing; (3) an enterprise in which such minority 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. "Subcontract" shall mean an agreement providing for total expenditures 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. "Women-owned business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is: -3 of 7 - MWBE 6/95 (1) at least fit~y-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. III. Utilization Program Waivers. (a) If goals have been established by the STATE for the participation of certified MJWBE's on this agreement, at the direction of the STATE, but in no ease later than execution of the agreement the contractor shall submit to the STATE a utilization program on forms to be provided by the STATE. The utilization program shall list all subcontractors and suppliers the contractor intends to use on the contract and indicate which are certified M/WBE's. Co) The STATE will review the utilization program and will issue to the contractor a written notice of acceptance or deficiency within twenty days of receipt. A notice of deficiency shall include; (1) the name of any MfWBE which is not acceptable for the purpose of complying with M/WBE participation goals; (2) elements of the contract scope of work which the STATE has determined can be reasonably structured by the contractor to increase the likelihood of participation of M/WBES; and (3) other information which the STATE determines to be relevant to the utilization program. (c) The contractor shall respond to the notice of deficiency within seven days of receipt by submitting to the STATE a written statement which remedies the deficiencies in the original plan. If the written remedy which the contractor submits is not timely or is found by the STATE to be inadequate, the STATE shall so notify the contractor within five days and direct the contractor to submit a request for a partial or total waiver of M/WBE participation goals on forms to be provided by the STATE. The request for waiver must be submitted within five days oftbe contractors receipt ora notice that the statement of remedy was untimely or inadequate. (d) A contractor who has made good faith efforts to obtain commitments fi.om M/WBE subcontractors and suppliers prior to submitting its utilization program may request a waiver at the same time it submits its utilization program. If a request for waiver is submitted with the utilization program, and is not accepted by the STATE at that time, the provisions &clauses Co) and (c), regarding the notice of deficiency and written remedy will apply. In this case, the contractor may submit a second request for waiver as directed by the STATE. (e) lfthe contractor does not submit a request for waiver, or if the STATE determines that the utilization program does not indicate that the M/WBE participation goals will be met and that the good faith efforts of the contractor have been inadequate to justify the granting of the request for waiver, the STATE shall terminate the contract, or iftbe contract has not been executed, the STATE shall withdraw fi.om contract negotiations. Notice of termination or withdrawal, along with a denial of a request for waiver, where applicable, shall be delivered to the contractor no later than twenty days after the STATE receives the request for waiver. (0 The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its utilization program, at least to the extent indicated in the program. -4 of 7 - MWBE 6/95 IV. Administrative Hearing on Disqualification of Contractor. (a) lfthe STATE disqualifies the contractor on the ground that the contractor has failed to remedy deficiencies in its utilization program or document good faith efforts to remedy such deficiencies, the contractor shall be entitled to an administrative hearing, on the record, before a hearing officer appointed by the STATE, to review the determination ofdisqualificatinn of the contractor. Co) The hearing officer's determination shall be a final administrative determination of the STATE and shall be reviewable by a proceeding brought pursuant to the Civil Practice Law and Rules, provided such proceeding is commenced within thirty days of notice given by certified mail, return receipt requested, rendering such final administrative determination in accordance with the provisions of section 313 of the Executive Law. (c) Such review shall be commenced in the Supreme Court, Appellate Division, Third Department, and shall be heard and determined in preference to all other civil business pending therein, except election matters, irrespective of position on the calendar. Appeals taken to the Court of Appeals of the State of New York shall be subject to the same preference. Good Faith Efforts. In order to show that it has made good faith efforts to comply with the M/WBE participation goals of this contract, the contractor shall submit such documentation as will enable the STATE to make a determination in accordance with the following criteria: (a) Co) (c) Did the contractor submit a completed, acceptable utilization program and EEO program aimed at meeting the goals for the participation of minorities and women in the contract? Did the contractor place advertisements in appropriate general circulation, u~ade and minority or woman-owned publications in a timely fashion'?. Did the contractor make written solicitations to women and minority-owned business enterprises listed in the directory of certified businesses in a timely fashion and include plans, specifications and contract terms. Did the businesses solicited respond in a timely fashion? (d) Could the contractor have reasonably structured the work to be performed under subcontracts so as to increase the likelihood of participation by certified businesses? (e) Did the contractor at~end any prebid or preaward meetings scheduled by the STATE with M/WBE's which the STATE determined were capable of performing work or supplying materials on the contract? (f) Were the subcontract terms and conditions offered to M/WBE's comparable to those offered in the ordinary course of the contractor's business to other subcontractors on the contract? (g) Did the contractor make payments to M/WBE subcontractors and suppliers in a timely fashion? VI. Reports. The contractor shall submit, and shall 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 shall be required by the STATE shall be cause for the STATE to delay implementing scheduled payments to the contractor. VII. Contractor's Failure or Inability to Meet M/WBE Participation Goals. (a) If the contractor, after making good faith efforts, is unable to comply with a conU'act's MJWBE participation goals, the contractor may submit a request for a partial or total waiver on forms provided by the STATE. If the documentation required with the request for a waiver is complete, -5 of 7 - MWBE 6/95 the STATE shall evaluate the request and issue a written notice of acceptance or denial within twenty days of receipt. Co) If the STATE, upon review of the contractoYs utilization program and compliance reports, determines that the contractor is failing or refusing to comply with M/WBE participation goals, and no waiver has been issued in regards to such non-compliance, the STATE may issue a notice of deficiency to the contractor. The contractor must respond to the notice within seven days of receipt. This response may include a request for partial or total waiver of M/WBE participation goals. VIII. Contractor and Agency Complaints, Arbitration. (a) If the contractor submits a request for a waiver of IVl/WBE participation goals and the STATE denies the request or fails to respond within twenty days of receiving it, the contractor may file a complaint with the Director according to the provisions of section 316 of Article 15~A of the Executive Law. The complaint must be filed within twenty days of the STATE's receipt of the request for waiver, if the STATE has not responded in that time, or within twenty days of a notification that the request has been denied by the STATE. Co) If the contractor fails to respond to a notice of deficiency, the STATE may file a complaint with the Director pursuant to section 316 of Article 15-A of the Executive Law. (c) A complaint shall set forth the facts and circumstances giving rise to the complaint together with a demand for relief. (d) The party filing a complaint, whether the contractor or the STATE, shall deliver a copy to the other party. Both the complaint and the copy shall be delivered by either personal service or by certified mail, return receipt requested. (e) Upon receipt of a complaint, the Director shall provide the party against whom the complaint has been filed with an opportunity to respond to the complaint. If within thirty days of receipt of the complaint, the Director is unable to resolve the complaint to the satisfaction of the STATE and the contractor, the complaint shall be referred to the American Arbitration Association for resolution pursuant to section 316 of Article 15-A of the Executive Law and the applicable requirements of Article 75 of the Civil Practice Law and Rules. (0 Upon conclusion of the arbitration proceedings, the arbitrator will submit to the Director his or her award regarding the alleged violation of the contract or the refusal of the STATE to grant a waiver request by the contractor. The award of the arbitrator with respect to an alleged violation of the contract or the refusal of the state agency to grant a waiver shall be final and may be vacated or modified only as provided by Article 75 of the Civil Practice Law and Rules. (g) Upon conclusion of the arbitration proceedings and the rendition of an award, the arbitrator will also recommend to the Director a remedy, including, if appropriate, the imposition of sanctinns, fines or penalties. The Director will either; (1) adopt the recommendation of the arbitrator; (2) determine that no sanctions, fines or penalties should be imposed; or (3) modify the recommendation of the arbitrator, provided that such modification shall not expand upon any sanction recommended or imposed by any new sanction, or increase the amount of any recommended fine or penalty. (h) The Director, within ten days of receipt of the arbitrator's award and recommendations, will file a -6 of 7 - MWBE 6/95 determination of such matter and shall cause a copy of such determination to be served upon the parties by personal service or by certified mail, return receipt requested. The determination of the Director as to the imposition of any fines, sanctions, or penalties shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules. (i) The determination of the STATE or the contractor to proceed with a complaint shall not preclude the STATE, in its discretion, fi.om pursuing any-other remedies which it may have pursuant to law and the contract. IX. Subcontracts. The contractor will include the provisions of sub-paragraphs (v) and (viii) above in every subcontract, as defined in sub-paragraph (ii), in such a manner that such provisions will be binding upon the subcontractor as to work in connection with this contract. Non-Discrimination. The CONTRACTOR shall 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. -7 of 7 - MWBE 6/95 GRANTS WITH MWBE GOALS ~q GRANTS with GOALS PRE - AWARD: REVIEW WITH GRANT RECIPIENTS GOOD FAITH EFFORTS GUIDE UTILIZE: GOOD FAITH EFFORTS PROGRAM OUTLINE WITH BID: SUBMIT EEO POLICY STATEMENT & MWBE UTILIZATION PROGRAM (GCC-2) NOTE: BIDS MA Y BE REJECTED IF APPROPRIATE INFORMATION IS NOT SUBMITTED WITHIN ESTABLISHED TIME FRAMES. POST - A WARD: REPORTS TO BE SUBMITTED w/each payment: · Prime Contractors Payment Statement · Work Force Utilization Reports breakdown by total hours worked, by job category, and by gender and ethnic categories Article 15A EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT It is the policy of the to provide equal employment Legal Name of Your Organization opportunity to all people without regard to race, color, sex, religion, age, national origin, disability, sexual preference, or Vietnam Era Veteran status. As head of the organization, I am personally committed to assuring that our organization will act affn'mafively to develop avenues of entry and mobility for minorities, women, individuals with disabilities, and Vietnam Era Veterans through the following activities: · Development of programmatic approaches to the elimination of all unjust exclusionary employment practices, policies and consequences; * Development of educational and training programs for all employees, with empfiasis on our goals for upgrading minorities, women, individuals with disabilities and Vietnam Era Veterans; · Development of personnel practices, policies and career ladders to assist and encourage upward mobility of employees restricted to lower levels; · Development of mechanisms for swift and judicious resolution of complaints of discrimination consistent with our policy, and other applicable statutes; and · Provision of reasonable accommodations to enable qualified individuals with disabilities to enjoy equal employment opportunities and equal terms, conditions and privileges of employment. To effectuate this policy, we have designed a plan which conforms with all relevant Federal and State non-discrimination laws and regulations including but not limited to: The Civil Rights Act of 1964, as amended, the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act, the Vietnam Era Veteran's Readjustment Act of 1974, and the New York State Human Rights Law. The plan applies to all job classifications and titles in this organization's jurisdiction. It governs all our employment policies, practices and actions including, but not limited to: recruitment, hiring, discipline, rate of pay or other compensation, advancement, reclassification, reallocation, promotion, demotion, discharge and employee benefits. I will see that the Affirmative Action Office is provided with all available resources necessary for the execution of its program responsibilities. Moreover, all managers, supervisors, and employees must make consistently diligent efforts to implement this policy in day-to-day program and employment decisions. Affirmative Action considerations will be an integral part of all organizational activities performed in the furtherance of our mission and in meeting our responsibilities to the State's citizens. Signature of Agency Head Printed Name of Agency Head 18 · NYS OFFICE OF PARKs, RECREATION AND HISTORIC PRESERVATION MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) UTILIZATION PROGRAM LIST OF SUBCONTRACTORS & SUPPLIERS Name, Address, Telephone Number: :dural IDISocinl Security # Sul~o.h~uctor's/Supplicr's Name, Address & Telephone # 2. Certified MBE WBE 3. Contract Goals: MBE % WBE .% 9. Classification Subcontr. Supplier MBE MBE WBE WBE · Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other (a) Total Contract Bid Amouht: (b) Total Subcontracts Assigned to MIlEs: (c) Total Subcontracts Assigned to WBEs~ (d} Subcontracts Unassigned: sntractor's $1atement: My firm propose~ to use the firms listed on this form. ~pared by (Signature of Contractor): + #SC Contract #:, Region: 5. Check Appropriate Box: Prime Contractor: Subcontractor: 10. Federal ID Number 11. Description of SubcontdSupplies Number IPrint Name of Contractor: 6. Date Submitted/Addendum # 7. Work Description* 12. $ Value of Subcon~/SuPplies Amount $ $ $ 13. Date to be Awarded % of Total For OPRllP Use Qnly Reviewed by: Date: NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) UTILIZATION PROGRAM LIST OF SUBCONTRACTORS & SUPPLIERS (CONTINUATION SHEET) 8. Subcontractor's/Supplier's 9. Classification 10. Federal ID I 1. Description of 12. $ Value of '13. Date to be Name, Address & Telephone # Subcontr. Supplier Number Subcontr/Supplies Subcont/Supplies ,. Awarded MBE MBE WBE __ WBE Other Other MBE MBE WBE WBE Olher Olhcr MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) PROORAM LIST OF SUBCONTRACTORS & SUPPLIERS INSTRUCTIONS INSTRUCTIONS: This form is to bc used to repor~ al{ subcontractors and suppliers utilized by Ibc Prime Contraelor. Form is to be submitted to Ihe Regional Office within seven days of notification of Iow bid. If a subcontract is in excess of $25,000, tile subcontractor must also submil this form to tile Prime Contractor. This form is required pursuant to Article 1SA of the Executive Law. A contract may not be entered into wilhout this form being submitted and accepted in the Regional Orants Office. Failure to submit this form may result in disqualification. --Information and dollar value of purchases from each supplier/subcontractor should be shown and recorded on this form. -An amended form must be submitted whenever there are changes to tile original Utilization ~rogram form. I. Name, Addc~ss, Telephone & Federal ID No. Provide full name of firm. home office address, telephone number and Federal ID Number. 2. Certified 3. Coiiltnct Ooals t. OSC Contract Nu~nbet & Region Pii.w./Subcontractor 6. Date Submitted I 7. Work 8.-10.. I I. l~&~.ilFtion of Subcon;t.,~iurlSupplier 12. $ Value 13. Date to be Awarded 14. Coiihact Information: Indicate if the firm is NYS certified as an MBE or WBE. Indicate M/WBE goals from contract. Indicate OSC Project Nnmber assigned by the Agency & Comity where project is located. Indicate if Prime or Subcontractor. ludicate ~{[d-year el submissiou. An addendmu to these forms must be submitted whenever a substitute of additional subcontractor/supplier is proposed. Enter (l) for the first addendum numbe¥. Number all addendum consecutively. Examples: Paving, Maintenance, Landscaping Supplies, etc. Complete information as indicated in column header. Examples: Paving, Maintenance, Landscaping Supplies, etc. Amount awarded to subcontractor/supplier.. Date subcontract to be awarded (a) Dollar amount ofcontractor's contract. (b) Number and dollar amount of MBE subcontracts. (c) Nmnbcr and dollar amount of WBE subcontracts. (d) Number and dollaar amount of subcontracts unassigned. NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION PRIME CONTRACTOR(S) PAYMENT STATEMENT · Name, Address, Telephone Number: 2. Certified 3. Project Goals 4. Reporting Period MBE MBE From: To: WBE WBE 5. 6. Project/Work Description* 7. Project Award Date: Project No Federal ID/Social Security # County/Region: 8. Completion Date: 9. PrimeContractor(s)'/Supplier(s)' 10. Classification-Prime Il. Federal 12. Payments 13. Payments 14. Total 15. Total Name, Address &Telephone# Contractor Supplier ID Number Previous Months This Month Payments Contrac! MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other 16. Amount Pement of Total % of Total (a) Total project bid amOunt (as reported in your contract): $. 100 % (b) Total contracts for construction and supplies assigned to MBEs: $__ % (c) Total contracts for construction and supplies assigned to WBEs: $ % (d) Contracts for construction and supplies unassigned: $. % (e) Total dollar amount of Force-Account Work this period: $__ % 14. Signature of Contractor: 18. Print Name of Contractor: 19. Telephone No. 20. Date: For OPRHP Use Only This report is required pursuant to Executive Law. Failure to report will result in non-compliance. I Reviewed By & Date: GCC (Rev. 10/99) Page I PRIME CONTRACTOR(S) PAYMENT STATEMENT 9. Prime Contractor(s}'/Supplier(s)' I0. Classification-Prime 11. Federal 12. Payments 13. Payments 14. Total 15. Total Name, Address & Telephone # Contractor Supplier ID Number Previous Months This Month Payments Contrac! MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE I Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other MBE MBE WBE WBE Other Other GCC (Rev. 10/99) Page 2 MONTHLY WORKFORCE EMPLOYMENT UTILIZATION REPORT - CONSTRUCTION Agency: Code: Reporting Period: Id/Payee Id. No. Conum~ No. Location of Work: Co~r~y ZIP Check One: {Or in) Native Company Official's Name Title Company Official's Signature Date Telephone Number MONTHLY WORK FORCE EMPLOYMENT UTILIZATION REPORT -CONSTRUCTION INSTRUCTIONS FOR COMPLETION PURPOSE: The Monthly Work Force Employment Utilization Report is prepared by all constmctiun contractors and subcontractors to document tbei actual employment of minority group members and women during the pariud covered by the report. The report has a format similar to forns used by the Federal Govemmunt (e.g.U.S. Department of Labor) for reporting equal employment opportunity data. The report covers all houri: workers, including foremen, supervisors or crew chiefs, journey workers and apprentices or trainees working on the project. Professional an( office clerical field office staff working on the cont~'aet shall also be reported. The completed reports are used by the contracting state agency t~ monitor the contractor's and subeontractur's compliance with the contract's equal employment opportunity requirements. GENERAL INFORMATION: 1. Name of contracting state agency and slate agency code (five-digit code). 2. Reporting period covered by report (munthly/ycar). 3. Contractor or subcontractor firm name (prime contractor on summary report submitted to agency) and address (including city name, stat~ and zip code). 4. Contractor or subcontractor Federal Employer Identifwation number or payee identification number (prime contractor I.D. on summary. report); check to indicate primo or subcontxactor report. 5. Contract Amount is dollar amount based on terms of the contract. 6 Contractnurnberistheagencyassignednumbergivantothecontract(sevendigits). 7. Location of work including county and zip code where work is performed. & Contract start date is month/day/year work on contract actually began. 9. C~ntract~r~~estimate~fthepercentage~f~~rkc~mpletedattheend~fthisrep~rtingpefiud. JOB OR TRADE CATEGORIES: A field office staff category plus ten job categories are printed on the form. These are trades commonly use it construction. The categories are intended to be general in nature, and may include several occupational job titles, lftrades other than those identified are required to perform work on the contract, this work should be combined and reported in the 'Other' category. Work leve designations of foreman/supervisor (F), joumeyworker (J), and app~ntice/trainee (A) are included as separate entries for each standard jot category; hours worked must be recorded opposite the appropriate work level for each. TOTAL HOURS WORKED DURING REPORTING PERIOD: Report the total hours worked by all employees during the reposing period, regardless o ethnicity, under each job category in column (1) for males (M) and column (2) for females (F). In colunms (3) thru (10) report the total hour~ worked by male and female minority group members ofune oftbe following defined groups: B~ack(n~t~fHispanic~rigin):al~pers~nshaving~riginsinany~ftbeB~ackA~canra~ialgr~ups; Hispanic: all persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American or either Indian or Hispanic origin, regardless' of race; · Asian or Pacific Islander: all persons having origins in any of the Far East counUies, South East Asia, the Indian subcontinent or the Pacific tslends; · Native~merican~rA~askanNative:al~persunshaving~riginsinany~fthe~riginalpcoples~fN~rthAmerican. MINORITY % = sum of all employment of minority group members (M and F) in the job category divided by the total hours worked by all employees it that job category (column 1 + colunm 2). FEMALE %. total hours worked by all female employees in the job category (column 2) divided by the total hours worked by all employees in that jot category (column I + column 2). TOTAL NUMBER OF EMPLOYEES: record the total number of all persons employed during the reporting period, regardless of ethnicity; report tht numbers of male (M) and female (F) employees separately. TOTAL NUMBER OF MINORITY EMPLOYEES: record the total number of minority persons employed during the reporting period; report the number.' of minority male (M) and minority female CF) employees separately. GRAND TOTALS: colunm totals should be calculated for all job categories combined. Total minority and female ix~rcentages should be calculated shown above, based on the colunm gnmd totals. SUBMISSION: The monthly work force utilization report is to be completed by both prime and subcontractors and signed and dated by an authorizet representative before submission. This Corrcmny Official's name, official title and telephone number should be printed or typed where indicate~ on the bottom of the form~ The prime contractor shall complete a report for its own force, collect ~ports completed by each subcontractor, and prepared a summary repor for the entire combined contract work force. The ~ports shall include the total work hours for all employees in each work category for al payrolls corapleted in the monthly reporting period. The prime contractor shall submit the summary report to the contracting agency as require~ by Part 342 of Title 9 Subtitle N of the NYCRR pursuant to.4rticle IS-,4 of the Executive Low. Town of Southold Laurel Lake Preservation and Trail Plan EPF 540328 For your payment request: 1. Payment Request Certification (filled out by the grantee) 2. State Aid Voucher (fill in box 4 & 8 only) 3. Affirmative action forms to be filled out by your contractor: a. Prime Contractor(s) Payment Statement b. Monthly Work Force Employment Utilization Report 4. If no NYS certified MNVBE firms have been paid on this payment request, please send documentation of you and your construction contractor affirmative action efforts. 5. Attachment A filled out (see Guide to Attachment A) 6. A copy of the prime contractors A1A - G702 & G703 (or equivalent) 7. If there have been any change orders, provide me a copy for review if not previously submitted. 8. Procurement, policy statement and utilization program if not previously submitted. 9. Picture of the installed project sign. The project sign shall remain in place in perpetuity. For your final report/close out: 1. Final Report Guideline - list each number in your report and give the information as appropriate. Included are the following forms to complete the report: a. Appendix B-Budget - fill in Actual Costs for #8. b. Final Report Certification and Summary of Grant Expenditures by Vendor & Funding Sources for #11 2. A final boundary map (see attached) and as-built site map - may be prepared on one map. Be sure to highlight the boundary in yellow, put the title and number of the funded project and have it signed and dated by a municipal official. 3. A list of facilities developed with the locations shown on the as-built map. 4. Audit Report - prepared by an independent public accountant, currently licensed by the NY$ Board of Public Accountancy. The audit needs to cover the Agreement beginning and ending dates plus any amendment dates if applicable. The audit needs to be of the grant project. (See sample audit attached) 5. Audit Survey APPENDIX X Agency Code: 49070 Contract Number: C540328 Contract Period: 4122104-12131/09 Funding Amount for Period: ¢~.¢_ Amended From Start: 4~22~04 End: 12/31/08 (If no change indicate $0) Amended To Start: 4/22/04 End: 12/31/09 Purpose of Amendment: Extend end date and revise budqet. Project #: EPF 540328 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 Empire State Plaza, Agency Building 1, 16~h Floor, Albany, NY 12238 (hereinafter referred to as the STATE), and the Town of Southold, (hereinafter referred to as the CONTRACTOR), having its principal office at 53095 Main Road, P.O. Box 1179, Southold, NY, 11971, for modification of Contract Number C540328, as amended in this Appendix X and the attached Appendix B. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACT,~IGN,~RE.~j Printed Name Title: 5 U~]~.~ i ~0.¢' Date: !~/~ STATE AGENCY SIGNATURE NYS Office of Parks, Recreation and Historic Preservation By: Melinda Scott Chief of Grants Date: 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." STATE OF NEW YORK } } SS.: County of ~'F"¢'~'~ } On the o2~¢ day of,~_¢.~./...~./.~-~ ¢ in the year~z'~¢, before me, the undersigned, a Notary Public in and for said State, persor~ally appeared ..¢¢~ .~ ~- /2. /-~- s .cz' ~ ~ , 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 his/hedtheir capacity(les), and that by his/her/their/signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~-¢~_.r,~.~4~:~.,¢~) LINDA J COOPER Notary Public, State of New York ~-./~4z~_-z~? / / HOTARY PUBLIC, State of New York NO, 01OO4822563, Suffolk County ATTORNEY GENERAL SIGNATURE Approved: Term Expires December ;31,20.,.,/? Thomas P. DiNapoli State Comptroller By Title Date Date 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 To include: 30.7 acres $744,000 Development 97,500 To include: Demolition and removal of old buildings and debris, removal and disposal of dock, construction of handicapped accessible land observation deck, parking lot improvements, picnic tables, waste receptacles TOTAL COST $84t,500 FUNDING BREAKDOWN: STATE Share $97,500 CONTRACTOR Share $744,000