Common use of Liquidated Damages - MWBE Participation Clause in Contracts

Liquidated Damages - MWBE Participation. A. Where the Agency(ies) determines that the Contractor is not in compliance with the requirements of this 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, the Contractor shall be obligated to pay liquidated damages to the Agency(ies). B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. 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 Agency(ies), the Contractor shall pay such liquidated damages to the Agency(ies) within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. Solicitation/Program Name: Community Development Block Grant-Disaster Recovery (CDBG-DR) Environmental Review, Surveys & Assessments, and Testing Services Report includes: □ Workforce to be utilized on this contract □ Contractor/Subcontractor’s totalworkforce Offeror’s Name: Tetra Tech, Inc. Reporting Entity: □ Contractor □ Subcontractor Subcontractor’s name Offeror’s Address: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 Enter the total number of employees for each classification in each of the EEO-Job Categories identified EEO-Job Category Total Work force Workforce by Gender Work force by Race/Ethnic Identification Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) As (M) xxx (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Technicians 1 1 1 Service Maintenance Workers Office/Clerical Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 18 PREPARED BY (Si TELEPHONE NO. EMAIL ADDRESS DATE: 5/21/2018 NAME AND TITLE OF PREPARER (Print or Type): Xxx Xxxxxxx - Office Administrator SUBMIT COMPLETED WITH BID OR PROPOSAL 1. Enter the Solicitation number or RFP number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate if the work force being reported is just for the contract or the Offerors’ total workforce.

Liquidated Damages - MWBE Participation. A. Where the Agency(ies) determines that the Contractor is not in compliance with the requirements of this 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, the Contractor shall be obligated to pay liquidated damages to the Agency(ies). B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. 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 Agency(ies), the Contractor shall pay such liquidated damages to the Agency(ies) within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. Solicitation/Program Name: Community Development Block Grant-Disaster Recovery (CDBG-DR) ), Environmental Review, Surveys Survey’s & Assessments, and Testing Services Services, RFP# 201803_066 Offeror's Name: Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology DPC Offeror's Address: 21 Penn Plaza, 000 Xxxx 00xx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, XX 00000 Report includesIncludes: □ □X Workforce to be utilized on this contract □ Contractor/Subcontractor’s totalworkforce Offeror’s Name's total workforce Reporting Entlty: Tetra Tech, Inc. Reporting Entity: 111□ Contractor □ Subcontractor Subcontractor’s 's name Offeror’s Address: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 Enter the total lhe tolal number of employees emolovees for each classification in each of the EEO-Job Categories CaIenories identified Workforce by Work brce by Asian Gender Race/Ethnic ldentilication EEO-Job Category Total Work force Workforce by Gender Work force by Race/Ethnic Identification Worl< Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) As (M) xxx (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Technicians 1 1 1 Service Maintenance Workers Office/Clerical Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 18 PREPARED BY (Si TELEPHONE NO. EMAIL ADDRESS DATE: 5/21/2018 NAME AND TITLE OF PREPARER (Print or Type): Xxx Xxxxxxx - Office Administrator SUBMIT COMPLETED WITH BID OR PROPOSAL 1. Enter the Solicitation number or RFP number that this report applies to along with the name and address of the Offeror. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate if the work force being reported is just for the contract or the Offerors’ total workforce.Toial Female

Liquidated Damages - MWBE Participation. A. Where the Agency(ies) OPWDD determines that the Contractor is not in compliance with the requirements of this 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, the Contractor shall be obligated to pay to OPWDD liquidated damages to the Agency(ies). B. damages. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. : All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. and All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. . 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 Agency(ies)OPWDD, the Contractor shall pay such liquidated damages to the Agency(ies) OPWDD within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. SolicitationI, _________________________, the (awardee/Program Name: Community Development Block Grantcontractor) ____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________________________________ 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-Disaster Recovery funded project is located, by taking the following steps: (CDBG1) Actively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, including solicitations to M/WBE contractor associations. (2) Request a list of State-DRcertified M/WBEs from OPWDD and solicit bids from them directly. (3) Environmental ReviewEnsure that plans, Surveys & Assessmentsspecifications, request for proposals and other documents used to secure bids will be made available in sufficient time for review by prospective M/WBEs. (4) 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. (5) Document and maintain records of bid solicitation, including those to M/WBEs and the results thereof. The 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 Testing Services Report includes: □ Workforce that, if legally permissible, bonding and other credit requirements are waived or appropriate alternatives developed to be utilized encourage M/WBE participation. (a) This organization 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 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 this contract □ Contractor/Subcontractor’s totalworkforce Offeror’s Name: Tetra Tech, Inc. Reporting Entity: □ Contractor □ Subcontractor Subcontractor’s name Offeror’s Address: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 Enter state contracts. (b) This organization shall state in all solicitation or advertisements for employees that in the total number of employees for each classification in each performance of the EEOState contract all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex disability or marital status. (c) At the request of the contracting OPWDD, this organization shall request each employment OPWDD, labor union, or authorized 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 this organization’s obligations herein. (d) The Contractor shall comply with the provisions of the Human Rights Law, all other State and Federal statutory and constitutional non-Job Categories identified EEOdiscrimination provisions. The Contractor and subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-Job Category Total Work force Workforce by Gender Work force by Race/Ethnic Identification Total Male discrimination on the basis of prior criminal conviction and prior arrest. (e) This organization will include the provisions of sections (a) through (d) of this agreement in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the State contract. Agreed to this ________ day of _____________________, 20___ By: _________________________________________________ Print: ___________________________________________ Title: ___________________________________ ______________________________________________ is designated as the Minority Business (Name of Designated Liaison) Enterprise Liaison responsible for administering the Minority and Women Owned Business Enterprises-Equal Employment Opportunity (M/WBE-EEO) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) As (M) xxx (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Technicians 1 1 1 Service Maintenance Workers Office/Clerical Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 18 PREPARED BY (Si TELEPHONE NO. EMAIL ADDRESS DATE: 5/21/2018 NAME AND TITLE OF PREPARER (Print or Type): Xxx Xxxxxxx - Office Administrator SUBMIT COMPLETED WITH BID OR PROPOSAL 1. Enter the Solicitation number or RFP number that this report applies to along with the name and address of the Offerorprogram. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate if the work force being reported is just for the contract or the Offerors’ total workforce.

Liquidated Damages - MWBE Participation. A. Where the Agency(ies) Authority determines that the Contractor is not in compliance with the requirements of this Appendix Agreement 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 goalsgoals set forth herein, the Contractor shall be obligated to pay liquidated damages to the Agency(ies). B. Authority liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. : All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. and All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. 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 Agency(ies)Authority, the Contractor shall pay such liquidated damages to the Agency(ies) Authority within sixty (60) days after they are assessed. Providedassessed by the Authority unless prior to the expiration of such sixtieth day, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Woman Business Development pursuant to 5 NYCRR § 142.12, Subdivision 8 of Section 313 of the Executive Law in which event the liquidated damages shall be payable only if Director renders a decision in favor of the event of a determination adverse Authority. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES – EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I, _________________________, the (awardee/contractor)____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________. T 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. 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 following the complaint processwill also maintain records of actions that its subcontractors have taken toward meeting M/WBE contract participation goals. SolicitationEnsure that progress payments to M/Program Name: Community Development Block Grant-Disaster Recovery (CDBG-DR) Environmental Review, Surveys & AssessmentsWBEs are made on a timely basis so that undue financial hardship is avoided, and Testing Services Report includes: □ Workforce that bonding and other credit requirements are waived or appropriate alternatives developed to be utilized on this contract □ Contractorencourage M/Subcontractor’s totalworkforce Offeror’s Name: Tetra Tech, Inc. Reporting Entity: □ Contractor □ Subcontractor Subcontractor’s name Offeror’s Address: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 Enter the total number of employees for each classification in each of the EEO-Job Categories identified EEO-Job Category Total Work force Workforce by Gender Work force by Race/Ethnic Identification Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) As (M) xxx (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Technicians 1 1 1 Service Maintenance Workers Office/Clerical Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 18 PREPARED BY (Si TELEPHONE NO. EMAIL ADDRESS DATE: 5/21/2018 NAME AND TITLE OF PREPARER (Print or Type): Xxx Xxxxxxx - Office Administrator SUBMIT COMPLETED WITH BID OR PROPOSAL 1. Enter the Solicitation number or RFP number that this report applies to along with the name and address of the OfferorWBE participation. 2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3. Check off the appropriate box to indicate if the work force being reported is just for the contract or the Offerors’ total workforce.

Liquidated Damages - MWBE Participation. A. Where the Agency(ies) OPWDD determines that the Contractor is not in compliance with the requirements of this 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, the Contractor shall be obligated to pay to OPWDD liquidated damages to the Agency(ies). B. damages. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. : All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. and All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. . 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 Agency(ies)OPWDD, the Contractor shall pay such liquidated damages to the Agency(ies) OPWDD within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. SolicitationI, _________________________, the (awardee/Program Name: Community Development Block Grantcontractor) ____________________ agree to adopt the following policies with respect to the project being developed or services rendered at _________________________________________________________________________________________ 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-Disaster Recovery funded project is located, by taking the following steps: (CDBG-DR1) Environmental ReviewActively and affirmatively solicit bids for contracts and subcontracts from qualified State certified MBEs or WBEs, Surveys & Assessments, and Testing Services Report includes: □ Workforce including solicitations to be utilized on this contract □ ContractorM/Subcontractor’s totalworkforce Offeror’s Name: Tetra Tech, Inc. Reporting Entity: □ Contractor □ Subcontractor Subcontractor’s name Offeror’s Address: 000 Xxxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 Enter the total number of employees for each classification in each of the EEO-Job Categories identified EEO-Job Category Total Work force Workforce by Gender Work force by Race/Ethnic Identification Total Male (M) Total Female (F) White (M) (F) Black (M) (F) Hispanic (M) (F) As (M) xxx (F) Native American (M) (F) Disabled (M) (F) Veteran (M) (F) Officials/Administrators Technicians 1 1 1 Service Maintenance Workers Office/Clerical Skilled Craft Workers Paraprofessionals Protective Service Workers Totals 18 PREPARED BY (Si TELEPHONE NO. EMAIL ADDRESS DATE: 5/21/2018 NAME AND TITLE OF PREPARER (Print or Type): Xxx Xxxxxxx - Office Administrator SUBMIT COMPLETED WITH BID OR PROPOSAL 1. Enter the Solicitation number or RFP number that this report applies to along with the name and address of the OfferorWBE contractor associations. (2. Check off the appropriate box to indicate if the Offeror completing the report is the contractor or ) Request a subcontractorlist of State-certified M/WBEs from OPWDD and solicit bids from them directly. 3. Check off the appropriate box to indicate if the work force being reported is just for the contract or the Offerors’ total workforce.