Liquidated Damages - MWBE Participation. Where the Authority determines that Contractor is not in compliance with the requirements of this Agreement and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth herein, Contractor shall be obligated to pay to the Authority liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under this Agreement. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Authority, Contractor shall pay such liquidated damages to the Authority within sixty (60) days after they are assessed by the Authority unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. EEO Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.
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Samples: Purchase and Sale Agreement, Operate Transfer Agreement, Operate Transfer Agreement
Liquidated Damages - MWBE Participation. Where the Authority OPWDD determines that the Contractor is not in compliance with the requirements of this Agreement Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth hereingoals, the Contractor shall be obligated to pay to the Authority OPWDD liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under this Agreementthe Contract. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by OPWDD, the Authority, Contractor shall pay such liquidated damages to the Authority OPWDD within sixty (60) days after they are assessed by the Authority unless prior to the expiration of such sixtieth dayassessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Woman Women’s Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the 5 NYCRR § 142.12, liquidated damages shall be payable if Director renders only in the event of a decision in favor of determination adverse to the AuthorityContractor following the complaint process. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES January 2017 Minority and Women Owned Business Enterprises (MWBE) – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT Equal Employment Opportunity (EEO) Policy Statement I, _________________________, the (awardee/contractor)) ____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. ________________________ M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. EEO Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.:
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Liquidated Damages - MWBE Participation. Where the Authority determines that Contractor is not in compliance with the requirements of this Agreement and Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth herein, Contractor shall be obligated to pay to the Authority liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under this Agreement. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Authority, Contractor shall pay such liquidated damages to the Authority within sixty (60) days after they are assessed by the Authority unless prior to the expiration of such sixtieth day, the Contractor has filed a complaint with the Director of the Division of Minority and Woman Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable if Director renders a decision in favor of the Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. T M/WBE This his organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. EEO Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.
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Samples: Operate Transfer Agreement
Liquidated Damages - MWBE Participation. Where the Authority NYSDOT determines that Contractor the Consultant is not in compliance with the requirements of this Agreement Appendix and Contractor the Consultant refuses to comply with such requirements, or if Contractor the Consultant is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth hereingoals, Contractor the Consultant shall be obligated to pay to the Authority NYSDOT liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: All sums identified for payment to the MWBEs had the Contractor Consultant achieved the contractual MWBE goals; and All sums actually paid to MWBEs for work performed or materials supplied under this Agreementthe Contract. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by NYSDOT, the Authority, Contractor Consultant shall pay such liquidated damages to the Authority NYSDOT within sixty (60) days after they are assessed by assessed. Provided, however, that if the Authority unless prior to the expiration of such sixtieth day, the Contractor Consultant has filed a complaint with the Director of the Division of Minority and Woman Women’s Business Development pursuant to Subdivision 8 of Section 313 of the Executive Law in which event the 5 NYCRR § 142.12, liquidated damages shall be payable if Director renders only in the event of a decision in favor of the Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT M/WBE AND EEO POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect determination adverse to the project being developed or services rendered at Consultant following the complaint process. EXHIBIT A CDL FORM B FORM B OSC Use Only: Reporting Code: Category Code: State Consultant Services Contractor’s Annual Employment Report Report Period: April 1, to March 31, Contracting State Agency Name: Transportation Agency Code: 3900283 Contract Number: C037888 Contract Term to Contractor Name: Contractor Address: Description of Services Being Provided: Consultant Planning Service Agreement (PSA) for WJCTC Scope of Contract (Choose one that best fits): Analysis Evaluation Research Training Data Processing Computer Programming Other IT consulting Engineering Architect Services Surveying Environmental Services Health Services Mental Health Services Accounting Auditing Paralegal Legal Other Consulting O*NET Employment Category Number and O*NET Job Title Number of Employees Number of Hours Worked Amount Payable Under the Contract Total this page 0 0 $ 0.00 Grand Total Name of person who prepared this report: Preparer's Signature:___________________________________________________ Title: Phone #: Date Prepared: / / * PLACEHOLDER * CONTRACT #C037888 CONSULTANT PLANNING SERVICE AGREEMENT (PSA) for WJCTC SCHEDULE A SCOPE OF SERVICES * PLACEHOLDER * CONTRACT #C037888 CONSULTANT PLANNING SERVICE AGREEMENT (PSA) for WJCTC SCHEDULE B FULLY LOADED BILLING RATES EXHIBIT 1 Attachment 2. Consultant Disclosure Legislation Forms A & B OSC Use Only: Reporting Code: Category Code: Date Contract Approved: FORM A State Consultant Services – Contractor's Planned Employment From Contract Start Date Through The End Of The Contract Term State Agency Name: NYSDOT Agency Code: 3900283 Contractor Name: Contract Number: C037888 Contract Start Date: / / Contract End Date: / / O*Net Employment Category & ONET Employment Category Name Number of Employees Number of hours to be worked Amount Payable Under the Contract Total this page 0 0 $ 0.00 Grand Total Name of person who prepared this report: Title: Phone #: Preparer's Signature: Date Prepared: / / (Use additional pages, if necessary) Page of FORM B OSC Use Only: Reporting Code: Category Code: State Consultant Services Contractor’s Annual Employment Report Report Period: April 1, to March 31, Contracting State Agency Name: NYSDOT Agency Code: 3900283 Contract Number: C037888 Contract Term: to / / Contractor Name: Contractor Address: Description of Services Being Provided: Consultant Planning Service Agreement (PSA) for WJCTC Scope of Contract (Choose one that best fits): Analysis Evaluation Research Training Data Processing Computer Programming Other IT consulting Engineering Architect Services Surveying Environmental Services Health Services Mental Health Services Accounting Auditing Paralegal Legal Other Consulting O*Net Employment Category & ONET Employment Category Name Number of Employees Number of Hours Worked Amount Payable Under the Contract Total this page 0 0 $ 0.00 Grand Total Name of person who prepared this report: Preparer's Signature:_______________. M/WBE This organization will and will cause its contractors and subcontractors to take good faith actions to achieve the M/WBE contract participations goals set by the State for that area in which the State-funded project is located, by taking the following steps____________________________________ Title: Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. Request a list Phone #: Date Prepared: / / Use additional pages if necessary) Page of State-certified M/WBEs from AGENCY and solicit bids from them directly. Ensure that plans, specifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. EEO Where feasible, divide the work into smaller portions to enhanced participations by M/WBEs and encourage the formation of joint venture and other partnerships among M/WBE contractors to enhance their participation. Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. Contractor will also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. Ensure that progress payments to M/WBEs are made on a timely basis so that undue financial hardship is avoided, and that bonding and other credit requirements are waived or appropriate alternatives developed to encourage M/WBE participation.
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