HomeMy WebLinkAboutRFP - Interior Electrical
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TOWN OF CORTLANDVILLE
REQUEST FOR PROPOSALS
GUTCHESS LUMBER PARK DEVELOPMENT – PHASE 2
CONCESSION BUILDING – INTERIOR ELECTRICAL
EPF# 210954
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INTRODUCTION:
The Town of Cortlandville is seeking proposals from qualified contractors to install interior
electrical service for a 3,200 square foot concession building located at Gutchess Lumber Sports
Complex, 3111 Byrne Hollow Crossing in Cortlandville, New York. The structure will house
restroom facilities, a concession stand, office space and storage. This project is funded, in part,
through an Environmental Protection Fund Grant through the NYS Office of Parks, Recreation,
and Historic Preservation through Title 9 of the Environmental Protection Act of 1993. M/WBE
and SDVOB firms are strongly encouraged to respond. The Town is an Equal Opportunity
Employer and will not discriminate because of race, creed, color, national origin, sex, age,
disability or marital status.
COMMUNITY PROFILE:
The Town of Cortlandville is located in Cortland County, New York. Per the 2022 Census
estimate, the Town’s population was 8,286.
SCOPE OF WORK:
Contractor will rough wire and trim out the Gutchess Lumber Sports Complex Concession
Building. All wiring will be installed in M.C. cable and concealed in walls as per drawing E-1,
see attached. The scope of work will only include labor as all materials will be purchased by the
Town of Cortlandville.
WORK SPECIFICATIONS:
Attached please find the electric plan prepared by Resource Associates, Sheet E-1 dated February
20, 2024.
QUALIFICATIONS AND OTHER REQUIREMENTS:
Must have a minimum of ten years of experience in the Electrical Field, and describe its capacity
to complete the project by:
1. Proposing a safe plan to complete the project the successful bidder will be required to
submit a construction schedule with a completion date and a written safety plan.
2. Describe in writing access to necessary labor force, equipment & facilities to compete
necessary work.
3. Describe their experience by providing a written list of key personnel who will be
involved in the construction of the project and a list of at least three references from
projects of similar scope of work completed in the last five years.
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INSURANCE REQUIREMENTS:
1. Commercial General Liability insurance with limits of at least $1,000,000 per
occurrence; $2,000,000 general aggregate per project; $2,000,000 Products & Completed
Operations Aggregate; $1,000,000 Personal and Advertising Injury Limit. In the event
the CGL policy contains a General Aggregate Limit, such limit shall apply separately to
each property. GCL coverage should be written on ISO occurrence form GC 0001 (1903)
or an approved substitute form providing equivalent coverage and shall cover liability
arising from premises, operations, independent subcontractors, products/completed
operations and personal and advertising injury.
2. Business or Commercial Automobile Liability insurance with limits of at least
$1,000,000 single limit per accident. Such coverage must include coverage of liability
arising out of all owned, leased, hired and non-bidder owned automobiles.
3. Commercial Liability Umbrella or Excess with limits of at least $1,000,000.
4. Workers Compensation and Employers Liability coverage with the greater of either:
$100,000 per accident; $100,000 per employee for injury by disease; and $500,000
aggregate for injury by disease OR statutory limits as required by law.
5. The successful bidder shall provide (before commencing work) the Town with copies of
insurance policies/certificates evidencing the insurance coverage required, together with
all exclusions and endorsements, and shall provide an endorsement that the Town will be
given advance, written notice of cancellation or any material change in coverage. The
foregoing insurance policies shall be at Bidder's sole cost and expense and shall name the
Town of Cortlandville as an additional insured. Coverage as additional insured shall
apply as primary and non-contributing insurance before any other insurance or self-
insurance, including any deductible, maintained by, or provided to the additional insured
and there shall be no New York Labor Law exclusions.
INDEMNIFICATION:
To the fullest extent permitted by law, Bidder shall defend, indemnify, and hold harmless the
Town of Cortlandville, its officers, agents, and employees from and against all claims, damages,
losses, and expenses including, but not limited to attorney fees, damages, penalties, costs and
any other amounts which may arise from Bidders or its agents, employees, or subcontractors
performing work referenced above.
SUBMISSION OF PROPOSALS:
The Town of Cortlandville will accept proposals until Noon (EST) on Wednesday, May 01, 2024.
Proposals must be received by the Town Clerk’s Office, which is located at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York 13045. All bidders are
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subject to the terms of the NYS Master Contract – Standard Terms and Conditions, which can be
found online at http://grantsreform.ny.gov. Furthermore, all bidders are subject to the terms of the
Master Contract Attachment A-1, Program Specific Terms and Conditions (copy attached).
Town of Cortlandville
Town Clerk
3577 Terrace Road
Cortland, NY 13045
607-756-5725
Site visits are available upon request, contact Parks & Recreation Director, John McNerny to
make an appointment.
John McNerney
Ph: 607-423-2252
Email: jmcnerney@cortlandville.org
The Town Clerk of the Works will be available for questions pertaining to the project.
Philip Morse
Ph: 607-244-9571
Email: cmorse82@frontier.com
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Suggestions for Notice to Bidders.doc
Notice to Bidders
The Town of Cortlandville is seeking bids from qualified firms to construct a 3,200 sq ft.
pre-engineered concessions building located at Gutchess Lumber Sports Complex at 3111
Byrne Hollow Crossing in Cortlandville, New York. The structure will house restroom
facilities, a concession stand, office space and storage.
Funding for this project comes in part through an Environmental Protection Fund grant
administered by the New York State Office of Parks, Recreation and Historic Preservation
(OPRHP). Under Article 15A, Executive Law, the State of New York is committed to
providing Minority and Women Owned Business (MWBE) equal opportunity to
participate in government contracts. The following goals have been set for this project:
13% Minority Business Enterprise (MBE) and 17% Women-owned Business Enterprise
(WBE). The successful bidder may be required to furnish reports showing the participation
of various business enterprises of subcontractors and suppliers on the contract.
For more information and a copy of the complete "Request for Bids" packet, please contact
The Town Clerk’s Office at the Raymond G. Thorpe Municipal Building, Cortland, New
York 13045 or by phone at 607-756-5725.
Bids are due to be returned to the Cortlandville Town Clerk by 12pm EST on May 01,
2024.
MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUMMARY
The following procedures shall be followed to satisfy the requirements of the Omnibus Procurement Act with
regard to the procurement of subcontractors and suppliers.
I. A directory of minority and women-owned business enterprises is available from:
Empire State Development
Division Minority and Women's Business Development
Albany, NY 12245
Phone: (518) 292-5250
https://ny.newnycontracts.com (MWBE Directory search)
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, Central or South American
of either Indian or Hispanic origin, regardless of race;
(3) Native American or Alaskan native persons having origins in any of the original peoples of
North America;
(4) Asian and Pacific Islander persons having origins in any of the Far East countries, South East
Asia, the Indian subcontinent or the Pacific Islands.
(d) "Minority-owned business enterprises" 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 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.
(e) "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.
(f) "Women-owned business enterprise" shall mean a business enterprise, including a sole
proprietorship, partnership or corporation that is:
(1) at least fifty-one percent owned by one or more United States citizens or permanent resident
aliens who are women;
(2) an enterprise in which the ownership interest of such women is real, substantial and
continuing;
(3) an enterprise in which such women ownership has and exercises the authority to control
independently the day-to-day business decisions of the enterprise ; and
(4) an enterprise authorized to do business in this state and independently owned and operated.
III. Good Faith Efforts. In order to show good faith efforts 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 plan 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) 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 attend 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?
IV. Utilization Plans
(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 plan on forms to be provided by the STATE.
The utilization plan shall list all subcontractors and suppliers the contractor intends to use on the
contract and indicate which are certified M/WBE's.
(b) The STATE will review the utilization plan 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 plan.
(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 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 plan may request a waiver at the same time it
submits its utilization plan. If a request for waiver is submitted with the utilization plan, 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 plan 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 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.
(f) The contractor shall attempt to utilize, in good faith, any MBE or WBE identified within its
utilization plan, at least to the extent indicated in the plan.
V. 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 plan 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.
(b) 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.
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 contract's M/WBE
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,
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 plan 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 M/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.
(b) 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.
(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 determination of the STATE or the contractor to proceed with a complaint shall not preclude
the STATE, in its discretion, from 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.
GRANTS MWBE UTILIZATION PLAN
New York State Office of Parks, Recreation and Historic Preservation
Bureau of Affirmative Action & Equal Opportunity
Albany, New York 12238
(518) 486.2636
SecƟon 1: Grant Project InformaƟon
Grant Contract Number: MWBE Goals Assigned: Grant Program: (Please check all that apply)
CFA EPF RTP OTHER ___________
DescripƟon of Project: Total Dollar Value of Grant Award: $
Total Cost/Value of Grant Project: $
Is this project part of a mulƟ‐phase Contract?
Yes No
Select if this is the final phase of the project.
If federal funds are being used for a porƟon of this
grant project please indicate the amount:
$
SecƟon 2: Grant Recipient InformaƟon
Name of the Grant Recipient: Contact Person: Telephone Number:
Street Address: City, State, Zip Code: E‐Mail Address:
SecƟon 3: Prime Contractor (®¥ ÖÖ½®½)
Name and Address of Prime Contractor:
FEIN:
Contact Person: E‐Mail Address:
Telephone Number: CerƟfied NYS MWBE?
Yes No
If yes: MBE WBE
Total Cost/Value of this Contract: $
SecƟon 4, 5, 6 MUST be completed on page 2
Amount of non‐discreƟonary purchases associated with this grant project: $
(e.g. purchases made under NYS Contract, a city/county/municipal/village contract, operaƟng expenses such as salary, forced account
labor, rent, and acquisiƟons of land).
APPROVALS
FOR NYS OPRHP USE ONLY:
Approved Approved as Noted Rejected MBE: _______% MBE $ _____________ WBE: _______% WBE $ _____________
Notes:
Authorized Signature: Date
Revised 2015
500,000
0.00
SecƟon 5: Grant Recipient’s AffirmaƟon and Signature
Pursuant to ExecuƟve Law ArƟcle 15‐A, as the grant recipient, I will engage in good faith efforts to achieve the MWBE goals on this contract. I understand that making false representaƟons or including
informaƟon evidencing a lack of good faith as part of, or in conjuncƟon with, the submission of a UƟlizaƟon Plan is prohibited by law and may result in penalƟes including, but not limited to, terminaƟon of
a contract for cause, loss of eligibility to submit future bids, and/or withholding of payments. Firms that do not perform commercially useful funcƟons may not be counted toward MWBE uƟlizaƟon. I
understand that all listed subcontractors/suppliers will be contacted for verificaƟon of solicitaƟon.
Authorized Signature of Grant Recipient:
Date: Print Name and Title:
SecƟon 6: Prime Contractor’s AffirmaƟon and Signature (®¥ ÖÖ½®½)
Pursuant to ExecuƟve Law ArƟcle 15‐A, my firm will engage in good faith efforts to achieve the MWBE goals on this contract. I understand that making false representaƟons or including informaƟon
evidencing a lack of good faith as part of, or in conjuncƟon with, the submission of a UƟlizaƟon Plan is prohibited by law and may result in penalƟes including, but not limited to, terminaƟon of a contract
for cause, loss of eligibility to submit future bids, and/or withholding of payments. Firms that do not perform commercially useful funcƟons may not be counted toward MWBE uƟlizaƟon. I understand
that all listed subcontractors/suppliers will be contacted for verificaƟon of solicitaƟon.
Authorized Signature of Prime Contractor:
Date: Print Name and Title:
Grants MWBE UƟlizaƟon Plan Contract Number: ___________________ Page 2
SecƟon 4: CerƟfied MWBE sub contractors/suppliers/vendors that the Grant Recipient intends to use
CerƟfied MWBE Subcontractors / Suppliers
Name, Address, Telephone Number and E‐mail Address
MBE
WBE
Federal ID Number
(FEIN)
DescripƟon of
SubcontracƟng / Supplies
Total Contract Value of
SubcontracƟng /Supplies
Region:of
Deadline
Response
Date
M/WBE Response Codes: 21 - Not Certified for Item(s) Bidder Action Codes: 35 - Unreachable Method of Contact: Program:
11 - Submitted Written Quote 22 - Location Unacceptable 31 - Selected 36 - Unresponsive 41 - Mail 45 - Face to Face MBE
12 - Submitted Verbal Quote 23 - No Price Agreement 32 - Unavailable 37 - Not Selected 42 - E-Mail WBE
13 - Negotiating With Prime 24 - No Time For Bid 33 - No Longer in Business 43 - Phone DBE
14 - Developing Quote 25 - Schedule Unacceptable 34 - Undeliverable 44 - FAX Other
10
9
8
7
6
5
4
2
Method(s)
of Response Action
Contact CodeE-Mail Address
Telephone No Date of Contact
Address, City, State, Zip Fax No Follow-up Date
Contact Person
Firm Name
Program
1
3
E-Mail:
Contact Person:
210954 Central Date Submitted:
Contractor's Solicitation Log
New York State Office of Parks, Recreation and Historic Preservation
Contractor/Firm Name & Address:County:
Page
Telephone No:
Project No:
Code
M / WBE Bidder
Appendix A.doc
Exhibit 1 Non-Collusive Bidding Certification-1
NON-COLLUSIVE BIDDING CERTIFICATION REQUIRED BY
SECTION 139-D OF THE STATE FINANCE LAW
SECTION 139-D, Statement of Non-Collusion in bids to the State:
BY SUBMISSION OF THIS BID, BIDDER AND EACH PERSON SIGNING ON
BEHALF OF BIDDER CERTIFIES, AND IN THE CASE OF JOINT BID, EACH PARTY
THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF
PERJURY, THAT TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF:
[1] The prices of this bid have been arrived at independently, without collusion,
consultation, communication, or agreement, for the purposes of restricting competition, as to any
matter relating to such prices with any other Bidder or with any competitor;
[2] Unless otherwise required 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 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 or corporation to submit or not to submit a bid for the purpose of restricting
competition.
A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY
AWARD BE MADE WHERE [1], [2], [3] ABOVE HAVE NOT BEEN COMPLIED
WITH; PROVIDED HOWEVER, THAT IF IN ANY CASE THE BIDDER(S) CANNOT
MAKE THE FOREGOING CERTIFICATION, THE BIDDER SHALL SO STATE AND
SHALL FURNISH BELOW A SIGNED STATEMENT WHICH SETS FORTH IN
DETAIL THE REASONS THEREFORE:
[AFFIX ADDENDUM TO THIS PAGE IF SPACE IS REQUIRED FOR
STATEMENT.]
Subscribed to under penalty of perjury under the laws of the State of New York, this
_______ day of ___________, 20____ as the act and deed of said corporation of partnership.
Appendix A.doc
Exhibit 1 Non-Collusive Bidding Certification 2
IF BIDDER(S) (ARE) A PARTNERSHIP, COMPLETE THE FOLLOWING:
NAMES OF PARTNERS OR PRINCIPALS LEGAL RESIDENCE
____________________________________________ _____________________________
____________________________________________ _____________________________
____________________________________________ _____________________________
____________________________________________ _____________________________
IF BIDDER(S) (ARE) A CORPORATION, COMPLETE THE FOLLOWING:
NAME LEGAL RESIDENCE
___________________________________________ _____________________________
President:
___________________________________________ _____________________________
Secretary:
___________________________________________ _____________________________
Treasurer:
___________________________________________ _____________________________
President:
___________________________________________ _____________________________
Secretary:
___________________________________________ _____________________________
Treasurer:
Appendix A.doc
Exhibit 1 Non-Collusive Bidding Certification-3
Identifying Data
Potential Contractor
Address
Street
City, Town, etc.
Telephone Title__________________________
If applicable, Responsible Corporate Officer
Name Title__________________________
Signature
Joint or combined bids by companies or firms must be certified on behalf of each participant.
____________________________________ _____________________________
Legal name of person, firm or corporation Legal name of person, firm or corporation
By _____________________________
Name Name
_____________________________
Title Title
Address_____________________________ Address_______________________
Street Street
_____________________________
City State City State
New York State Office of Parks, RecreaƟon and Historic PreservaƟon
Bureau of AffirmaƟve AcƟon & Equal Opportunity
Albany, New York 12238
(518) 486‐2636 MWBE PAYMENT STATEMENT ‐ GRANTS
INSTRUCTIONS: As a condiƟon of the contract awarded, this form is to be properly completed by the primary contractor and submiƩed with each payment applicaƟon indicaƟng ALL subcontractors and
suppliers uƟlized on the project.
Sub Contractors/ Suppliers
Name & Address
DesignaƟon
(Please check all that apply) FEIN Total Dollar Value
of Contract
Payments This
ReporƟng Period Only
Total Payments
made to MWBE
to Date
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
FOR NYS OPRHP USE ONLY: DOLLAR
VALUE
% of
TOTAL
AWARD
Total value of contract for services
and/or supplies assigned to MBE:
Total value of contract for services
and/or supplies assigned to WBE:
Total overall dollar value and percent-
age of contract assigned to MWBE
Revised 2015
SecƟon 1: Grant Project InformaƟon
Grant Contract Number: MWBE Goals Assigned: Total Dollar Value of Grant Award: $
Name of the Grant Recipient: DescripƟon of Project:
Total Cost/Value of this Contract: $
SecƟon 2: Prime Contractor
Name of Prime Contractor: Contact Person: CerƟfied NYS MWBE? Yes No
SecƟon 3: Payment Report
DECLARATION: Under penalty of perjury, I aƩest as follows: I cerƟfy that I am a representaƟve of the above‐stated
Contractor and that I am authorized to make this DECLARATION on behalf of the Contractor. All informaƟon stated on this
Payment Statement is true and correct. Payments stated on this form were made by the Contractor for work actually
performed by the subcontractor(s) and/or supplier(s) listed, including MWBE. The Contractor has complied with all
contract provisions and laws, including those related to use of MWBEs, equal opportunity and affirmaƟve acƟon.
Signature of Contractor: Date:
Print Name and Title
MWBE PAYMENT STATEMENT ‐ GRANTS Extension Pages Contract No. ______________
Sub Contractors/ Suppliers
Name & Address
DesignaƟon
(Please check all that apply) FEIN Total Dollar Value
of Contract
Payments This
ReporƟng Period Only
Total Payments
made to MWBE
to Date
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
MBE WBE
Supplier Sub
FEIN:
Page 1 of 7, Attachment A-1 – Program Specific Terms and Conditions
ATTACHMENT A-1
PROGRAM SPECIFIC TERMS AND CONDITIONS
ENVIRONMENTAL PROTECTION FUND
I. Agency Specific Terms and Conditions
A. The Program Office, Designated Payment Office and Designated Refund Office shall be
the STATE AGENCY identified on the face page. Document submission and inquiries should be
directed to the Regional Grant Administrator for the Contractor’s county of operations.
B. For purposes of notice, the Contractor’s designee shall be the CONTRACTOR DOS
INCORPORATED NAME at the CONTRACTOR PRIMARY MAILING ADDRESS, as
identified on the face page.
C. Payment shall be made to CONTRACTOR SFS PAYEE NAME at the CONTRACTOR
PAYMENT ADDRESS identified on the Face Page.
D. Special Conditions and Requirements specific to the project, including the timeline for
submission of required documents and reports, are contained in Attachment C (Work Plan
Summary).
E. Changes to Budget and Program Work Plan. Changes shall not be made in the work
described in Attachment C (Work Plan) or the proposed expenditure of funds as shown in
Attachment B (Budget), 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 in the Work Plan or Budget that are substantive or alter the scope, intent or
basic elements of the contract, if agreed to by the State, will be implemented by an amendment
that may require approval and filing with the New York Attorney General Contract Approval
Unit (AG) and the Office of the State Comptroller (OSC or State Comptroller), per Section I(B)
of this Master Contract.
F. Procurement. All goods and services required for this project 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 nepotism, favoritism, improvidence, extravagance, fraud and corruption.
1. If the Contractor is subject to General Municipal Law, documentation of the Contractor’s
compliance with the procurement and bidding requirements of General Municipal Law shall
be included with the applicable request for reimbursement.
2. If the total amount of the goods or services is less than the dollar threshold for
competitive bidding, or if the Contractor is not subject to General Municipal Law, the
Contractor must follow procurement procedures designed to achieve the purpose of this
clause. Such procedures may include, but are not limited to, competitive bidding, the
solicitation of three price quotes, written requests for proposals, etc. When submitting a
request for reimbursement, the Contractor must include a copy of the organizational
Page 2 of 7, Attachment A-1 – Program Specific Terms and Conditions
procurement policy applicable to the relevant expenditures and/or documentation of the
specific procurement process used for those expenditures.
G. The Contractor and all users of this contract are strongly encouraged, to the maximum extent
practicable and consistent with legal requirements, to use responsible and responsive New York
State businesses as subcontractors, suppliers, and in other supporting roles. The Contractor will
be required to identify and describe New York State businesses used and the value of
subcontracts and supply contracts.
H. New York State Executive Law Article 15-A and 5 NYCRR Parts 142-144 (“MWBE
Regulations”) Participation. Providing equal employment opportunities for minority group
members and women (EEO) and contracting opportunities for certified minority and women-
owned business enterprises (MWBEs) are a priority of the State of New York. In addition to the
requirements set forth in Section IV(J) of this Master Contract, outreach to New York State
certified MWBE firms and demonstration of “good faith efforts” shall be required under this
Master Contract.
1. For purposes of this Master Contract, MWBE shall mean any business certified as a
minority- or women-owned business enterprise pursuant to section 314 of the Executive Law.
Information about the certification program and a directory of MWBEs are available at
ESD Division of MWBD
Albany, NY 12245
(518) 292-5250
https://ny.newnycontracts.com/
2. 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.
3. The State has established a goal for MWBE participation of MBE 13% and WBE 17%.
4. The MWBE Participation goal assignment applies to projects with NYS Grant
Awards (State Funds) in excess of $100,000. Grant awards of $100,000 or less are subject to
good faith efforts for all discretionary purchases.
5. The Contractor is expected to make good faith efforts to achieve MWBE participation.
Failure to achieve MWBE participation goals and/or to demonstrate sufficient effort to
achieve MWBE participation goals may be grounds for termination of this Master Contract.
6. If any federal funds are involved in the project, the applicable federal program for
contracting with small and minority firms, women’s business enterprise and labor surplus
area firms and/or federal Disadvantaged Business Enterprises (DBEs) will supersede the state
MWBE program outlined above.
I. Non-Discrimination:
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1. If the project involves development or acquisition of public facilities, the Contractor shall
not limit access or discriminate in the operation of the facilities on the basis of place of
residence, race, creed, color, national origin, sex, age, disability or marital status.
2. 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 provisions
of service.
J. Termination. In addition to the options available to the State in the Master Contract, in the
event the Contractor fails to comply with its terms and conditions regarding completion of the
project, the State at its option may require the Contractor to bring the project to a point of
educational/interpretive, historical, recreational or conservation usefulness as determined by the
State.
K. Documents submitted to the State may be subject to disclosure under the Freedom of
Information Law.
L. Non-Sectarian Purposes. The Contractor agrees that funds made available as shown in
Attachment B will only be used to achieve the intended public benefit and will not be used for
any sectarian purposes.
M. 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
contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor
shall so notify the State Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (2NYCRR 105.4).
N. Prohibition on Purchase of Tropical Hardwoods. The Contractor certifies and warrants
that all wood products to be used under this contract award will be in accordance with, but not
limited to, the specifications and provisions of State Finance Law §165. (Use of Tropical
Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically
exempted, by the State or any governmental agency or political subdivision or public benefit
corporation. Qualification for an exemption under this law will be the responsibility 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.
Page 4 of 7, Attachment A-1 – Program Specific Terms and Conditions
O. MacBride Fair Employment Principles. In accordance with the MacBride Fair
Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that
the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful
steps in good faith to conduct any business operations in Northern Ireland in accordance with the
MacBride Fair Employment Principles (as described in Section 165 of the New York State
Finance Law), and shall permit independent monitoring of compliance with such principles.
P. Procurement Lobbying. To the extent this agreement is a "procurement contract" as
defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor
certifies and affirms that all disclosures made in accordance with State Finance Law Sections
139-j and 139-k are complete, true and accurate. In the event such certification is found to be
intentionally false or intentionally incomplete, the State may terminate the agreement by
providing written notification to the Contractor in accordance with the terms of the agreement.
Q. Certification of Registration to Collect Sales and Compensating Use Tax by Certain
State Contractors, Affiliates and Subcontractors. To the extent this agreement is a contract as
defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax
Law Section 5-a or if during the term of the contract, the Department of Taxation and Finance or
the covered agency, as defined by Tax Law 5-a, discovers that the certification, made under
penalty of perjury, is false, then such failure to file or false certification shall be a material breach
of this contract and this contract may be terminated, by providing written notification to the
Contractor in accordance with the terms of the agreement, if the covered agency determines that
such action is in the best interest of the State.
R. Iran Divestment Act. By entering into this Agreement, Contractor certifies in accordance
with State Finance Law §165-a that it is not on the “Entities Determined to be Non-Responsive
Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012” (“Prohibited
Entities List”) posted at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf
Contractor further certifies that it will not utilize on this Contract any subcontractor that is
identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend
this Contract, it must provide the same certification at the time the Contract is renewed or
extended. Contractor also agrees that any proposed Assignee of this Contract will be required to
certify that it is not on the Prohibited Entities List before the contract assignment will be
approved by the State.
During the term of the Contract, should the state agency receive information that a person (as
defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the
state agency will review such information and offer the person an opportunity to respond. If the
person fails to demonstrate that it has ceased its engagement in the investment activity which is in
violation of the Act within 90 days after the determination of such violation, then the state agency
shall take such action as may be appropriate and provided for by law, rule, or contract, including,
but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the
Contractor in default.
The state agency reserves the right to reject any bid, request for assignment, renewal or extension
for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal
or extension of a contract, and to pursue a responsibility review with respect to any entity that is
awarded a contract and appears on the Prohibited Entities list after contract award.
Page 5 of 7, Attachment A-1 – Program Specific Terms and Conditions
II. Program Specific Terms and Conditions
A. Funding for this project is provided pursuant to the terms of the Environmental Protection
Act, Title 9 of Article 54 of the Environmental Conservation Law, and governed by the Rules and
Regulations set forth in 9 NYCRR Sections 439-443.
B. Retroactive funding. Notwithstanding the provisions of Section III(A)(2) of this Master
Contract, program regulations set forth in 9 NYCRR 440.5 (Project sponsor's match) permit
retroactive reimbursement of certain expenses, when those expenses are included in the project
Budget.
C. Notwithstanding the provisions of Section III(C)(4) of this Master Contract, the State will
withhold ten percent (10%) of the Contract Funding Amount identified on the face page of this
Master Contract as security until all terms and conditions of this Master Contract have been
satisfied by the Contractor to the satisfaction of the State.
D. Project Sign. At the commencement of the work described in the Work Plan, the Contractor
shall erect a sign at the project site noting the State's assistance to the project. The project sign
specifications and term length for this requirement are set forth in Attachment C (Work Plan
Summary).
E. Public Benefit Requirements.
1. In order to ensure a public benefit accrues from a capital project that is being funded
the Contractor shall:
a) Afford the public reasonable access to or use of the project as specified by
the State;
b) Not impose a fee for use of or access to the project without the prior written
approval of the State;
c) Own or hold by lease or maintain and operate the project as specified by the
State;
d) Not allow operation of the project, or any portion thereof, by any other
person, entity, or organization pursuant to any management agreement, license or
other arrangement without first obtaining the written approval of the State;
e) Not alter, demolish, sell, lease or otherwise convey the project, in whole or in
part, or permit a change in use of the project, without the prior written approval
of the State; and
f) Submit all plans in writing for restoration, rehabilitation, improvement,
demolition or other physical change to the completed project for State approval
before work commences.
2. Additional public benefit requirements specific to this project, including the term
length and legal mechanism for enforcing any restriction, are set forth in Attachment C.
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3. Parkland acquired or improved by a municipality shall not be sold, leased, exchanged
or otherwise disposed of (collectively, “disposed of”) or converted to other than public
park purposes without the express authority of an act of the Legislature, which shall
provide for the substitution of other land of equal fair market value and reasonably
equivalent usefulness and location to that being disposed of or converted, and such other
requirements as shall be approved by the State.
4. Land acquired for recreation or conservation purposes by a not-for-profit
organization shall be subject to a conservation easement to be held by the State and shall
not be disposed of except to the State, a local government unit or another qualifying tax
exempt not-for-profit organization that shall be required to use it for recreation or
conservation purposes. Disposal to any other entity of land acquired for recreation or
conservation purposes by a not-for-profit corporation shall require the express authority
of an act of the Legislature.
F. It is the Contractor’s responsibility, pursuant to Sections 57 and 220(8) of the Workers'
Compensation Law, to maintain for State audit and review either proof that they have Workers'
Compensation and Disability Benefits Insurance coverage for any employees, or proof of
exemption from the New York State Workers’ Compensation Board. The Contractor must also
obtain from any contractor or subcontractor hired to provide a service pursuant to this Master
Contract, similar proof or waivers from the contractor or subcontractor, and must maintain such
documentation on file for audit.
G. Archeology. 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.
H. Preservation of Historic Properties. It is the public policy and in the public interest of the
State to preserve New York’s historical, archeological, architectural and cultural heritage. All
activities under this Master Contract shall be reviewed under either Section 106 of the National
Historic Preservation Act or Section 14.09 of the New York State Parks, Recreation and Historic
Preservation Law to ensure that adverse effects or impacts on significant properties are avoided or
mitigated. Any work that affects historic properties shall conform to The Secretary of the
Interior's Standards for the Treatment of Historic Properties 1995, The Secretary of the Interior's
Standards and Guidelines for Archeological Documentation or any other applicable Secretary of
the Interior's Standards (collectively referenced as STANDARDS), which are available from the
State.
I. Planning Requirements.
1. All planning documents, plans and specifications must be accepted by the State
before the Contractor awards contracts for the project or the subject property. These
must be prepared by a qualified professional accepted by the State.
2. Any documents developed under this Master Contract shall include recognition of
funding through the Environmental Protection Fund from the Office of Parks, Recreation
and Historic Preservation.
J. Construction Requirements. If the Project described in this Master Contract includes
construction, the following shall apply:
Page 7 of 7, Attachment A-1 – Program Specific Terms and Conditions
1. 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. The State shall
verify that the plans, specifications and cost estimates are in conformance with the work
described in Attachment B and shall so notify the Contractor in writing; the State shall
further verify that appropriate documents have been prepared by a professional licensed
to practice in the State of New York. All plans and specifications as reviewed shall
become part of this Master Contract, and no change or revision may be made to such
plans and specifications without the express written consent of the State.
2. 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 (I)(Code (parts 1219-1228 of Title 19
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.
3. It is the Contractor’s responsibility to assure that all work on the project complies
with the State Environmental Quality Review Act, receives all required permits in
advance, and complies with all applicable Federal, State and/or local laws including, but
not limited to, zoning ordinances and building codes.
Post-Completion Requirements. Following completion of the project, the Contractor shall be
responsible for maintaining project records. Where the project involves acquisition of equipment or
acquisition of or improvement of real property, the Contractor shall be responsible for maintaining and
operating the equipment, property, and/or improvements; providing public access; maintaining public
signage related to the project; and seeking any required State approvals. The State shall have the right
and responsibility to audit records and inspect the project and property for compliance.