HomeMy WebLinkAboutDrainage RESOLUTION 2021-217
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SCHEDULED DOC ID: 16899
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-217 WAS
SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 23,2021:
WHEREAS the Town Board of the Town of Southold has approved an agreement with the
Suffolk County Soil and Water Conservation District which provides capital funding for
drainage, and
WHEREAS the Town's Capital Budget process requires a resolution to amend Capital Budget
items in the Capital Fund,now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment
of the Capital Budget as follows:
Increase Revenues:
H.2389.70 Misc Revenue, Other Governments
S/C Soil& Water Conservation $50,750
Total $50,750
Increase Appropriations:
H.8540.2.100.350 Stormwater Mitigation,
Richmond Creek Drainage $50,750
Total $50,750
Elizabeth A.Neville
Southold Town Clerk
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1'
Rev. 11-20-19; Law No. 18-SW-001
Town of Southold—Swale
RECEIVE®
2021
AGREEMENT BETWEEN MAR 2 6 2021
SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT
And TOWN OF SOUTHOLD
for Southold Towyn Clerk
DRAINAGE SWALE
This Contract("the Contract") is between the Suffolk County Soil and Water Conservation District
("the District"),established pursuant to the NY Soil and Water Conservation Districts Law and Resolution No.
245-1964 of the Suffolk County Legislature,having an address at 423 Griffing Avenue,Riverhead,New York
11901;and
Town of Southold ("the Town" or"the Contractor"), having an address at 53095 Main Rd., P.O.Box
1179, Southold,Neiv York, 11971.
The Contractor has been designated to receive fiends from the District for constiuction and operation of a
drainage swale, as part of Stormwater Runoff remediation to protect Richmond Creek ("the Services") as set
forth in Article I, entitled"Description of Services."
Term of the Contract: Date of Execution or April 1St, 2021 (whichever comes later) - December 31, 2021.
(Master Contract deadline extended an additional year and approved by NYS DEC Nancy Lussier, Director of
Division of Management and Budget Services as of 12/15/20)
Total Cost of the Contract: Shall not exceed$50,750.00 to the District,as set forth in Article II,attached.
Terms and Conditions: Shall be as set forth in Articles I and II and Exhibits 1, attached hereto and made a
part hereof.
In Witness Whereof,the parties hereto have executed the Contract as of the latest date written below.
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Town of Southold—Swale
TOWN OF SOUTHOLD SUFFOLK COUNTY SOIL AND WATER
CONSERVATION DISTRICT
By: By:
Name^ S�L1 Name:
Titler�5c1� Title:
Fed.Tax I #
Date 31ST Z 1
Dat
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Rev. 11-20-19; Law No. 18-SW-001
Town of Southold-Swale
List of Articles& Exhibits
Article I
Description of Services
1. Conflicting Provisions
2. Pre-Construction/Design Meeting
3. Services to be Provided by the Town
4. Key Personnel of the District
5. Self Insurance
6. Furniture, Fixtures, Equipment, Materials, Supplies
Article II
Financial Terms and Conditions
1. Conflicting Provisions
2. General Payment Terms
3. Agreement Subject to Appropriation of Funds
4. Accounting Procedures
5. Audit
6. Comptroller's Rules and Regulations for Consultant's Agreements
7. Specific Payment Terms and Conditions
8. General County Payment Terms
Exhibit 1
District Terms and Conditions
1. Elements of Interpretation
2. Meanings of Terms
3. Contractor Responsibilities
4. Qualifications, Licenses,and Professional Standards
5. Notifications
6. Documentation of Professional Standards
7. Credentialing
8. Engineering Certificate
9. Termination
10. Indemnification and Defense
11. Reserved
12.Independent Contractor
13. Severability
14. Merger;No Oral Changes
15. Set-Off Rights
16.Non-Discrimination in Services
17.Nonsectarian Declaration
18. Governing Law
19.No Waiver
20. Conflicts of Interest
21. Cooperation on Claims
22. Confidentiality
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Town of Southold—Swale
23. Assignment and Subcontracting
24. Reserved,
25, No Intended Third Party Beneficiaries
26. Reserved
27. Reserved
28. Copyrights and Patents
29. Arrears to County
30. Reserved
31. Record Retention
32. Certification Regarding Lobbying
33.Notice
Attachments
1. Resolution No.2019-36 (SUFFOLK COUNTY SOIL AND WATER CONSERVATION
DISTRICT BOARD OF DIRECTORS IS ACCEPTING THE 2017 NYSDEC WQIP GRANT AWARD
TO THE SUFFOLK COUNTY SWCD AND APPROVING THE DISBURSEMENT OF$50,750.00
FROM THE 2017 NYSDEC WQI'P GRANT AWARD TO THE TOWN OF SOUTHOLD FOR THE
SOUTHOLD STORMWATER REMEDIATION PROJECT(S. HARBOR ROAD,'SOUTHOLD),
dated June 13,2019 and approved June 14, 2019.
2. Resolution No.2019-828 of the Town Board of the Town of Southold, adopted at the regular
meeting of the Town Board of the Town of Southold on September 24,2019, and Resolution No. 2019-
965 of the Town Board of the Town of Southold, amended November 19`l',2019.
3. Contract between the Suffolk County Soil and Water Conservation District and the N.Y.S. Dept
of Environmental Conservation(NYSDEC)for grant funding(New York State Contract No. DECO 1-
00637GG-3350000)(Project Name: Stormwater Runoff Remediation Protection of Richmond Creek),
fast dated 6/14/2019,as extended by 12/31/2020, incorporated by reference and made a part hereof.
4. Plan or Work(Plan Detail New Sand and Gravel Drainage&,ale, Drainage Swale, South
Harbor Road,Peconic,N.Y. (prepared by Southold Town Engineering,dated June 21,2017).
5. Aerial Map of Outfalls
6. Insurance
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Town of Southold—Swale
Article I
Description of Services
Whereas,the District received a grant("NYS Grant")(a/k/a the"2017 NYSDEC WQIP Grant") from the State
of New York,Department of Environmental Conservation("NYSDEC");and
Whereas, the NYS Grant provides funding for construction of a swale by the Town of Southold ("Drainage
Swale"), to remediate stormwater runoff from South Harbor Road, in the Town of Southold, N.Y., and protect
Richmond Creek; and
Whereas, the District adopted Resolution No. 2019-36 (SUFFOLK COUNTY SOIL AND WATER
CONSERVATION DISTRICT BOARD OF DIRECTORS IS ACCEPTING THE 2017 NYSDEC WQIP
GRANT AWARD TO THE SUFFOLK COUNTY SWCD AND APPROVING THE DISBURSEMENT OF
$50,750.00 FROM THE 2017 NYSDEC WQIP GRANT AWARD TO THE TOWN OF SOUTHOLD FOR
THE SOUTHOLD STORMWATER REMEDIATION PROJECT (S. HARBOR ROAD, SOUTHOLD), dated
June 13,2019 and approved June 14,2019; and
Whereas,pursuant to above District resolution,the District has entered into the"Grant Contract,with the
N.Y.S. Dep't of Environmental Conservation(NYSDEC)(New York State Contract No. DEC01-C00637GG-
3350000)(Project Name: Stormwater Runoff Remediation Protection of Richmond Creek), inter cilia,to fund
this agreement with the Town of Southold; and
Whereas,the Term of the Grant contract, initially began on 5/1/2018 and ended on 12/31/18;and
Whereas,the Term of the Grant Contract was extended to end on 12/31/20,by an Amendment(last-dated
9/12/19); and
Whereas,the District anticipates receipt of grant funding, in the amount of$50,750.00, from NYSDEC in order
to reimburse the cost of construction of the above-mentioned swale in the Town of Southold; and
Whereas,District Resolution No. 2019-36 also authorized disbursement of the above grant proceeds by the
District to the Town as reimbursement upon the Town's completion of the Southold Storm Wafter Remediation
Project, located at South Harbor Road, Southold) ("Swale Project") in accordance with the regulations of the
NYSDEC, in an amount no to exceed$50,750.00; and
Whereas,District Resolution No. 2019-36 also authorized the District Manager,or his designate,to administer
the award, including execution of contract agreements and the disbursement of funds in accordance with the
Grant Contract; and
Whereas,Resolution No.2019-828 of the Town Board of the Town of Southold, adopted at the regular meeting
of the Town Board on September 24,2019, as amended by Resolution No. 2019-965,of the Town Board of the
Town of Southold, adopted at the regular meeting of the Town Board on November 19'h, 2019,authorized the
Town Supervisor to execute an intermunicipal agreement with the District for the receipt of grant fiends in the
amount of$50,750.00 to be utilized for Stormwater Runoff Remediation Protection on South Harbor Road.
Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto
agree as follows:
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1. Conflicting Provisions
In the event of any conflict between this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. Pre-Construction/Design Meeting
A. The Town and the District shall have a preconstruction/design meeting and agree on a final
design for the Drainage Swale.
B. The Town shall develop and adhere to a construction schedule for the Drainage Swale,subject to
the requirements that:
I. The construction phase of the Services shall be initiated no later than I I/1/2020.2.The
construction of the Drainage Swale, as described herein,shall be completed on or before December 31,
2020. The Town recognizes that the District's ability to secure reimbursement under the Grant Contract
is subject to completion by such date.
3. The construction schedule shall be provided to the District.
3. Services to be Provided by the Town
A. Overview.
1. The Town shall construct a gravel and sand drainage Swale("Drainage Swale")at the end
of South Harbor Rod,Town of Southold, on Town-owned property, in an effort to mitigate sediment
pollution that currently impacts Richmond Creek. The Town's Engineering Department has created a
project design,which has been approved by the District. The Town's Engineering Department shall
oversee the surveying,design, and construction of the sand and gravel drainage swale; and restoration to
the vegetation immediately affected by this disturbance.
2. South Harbor Road's elevation is currently pitched at a downward slope towards the
beach which is adjacent to the creek,thus resulting in runoff and beach erosion at the end of South
Harbor Road. One hundred and seventy five(175) feet of the road shall be reconstructed and regraded
by the Town in order to create the Drainage Swale basin. Several rip-rap swales and a check dam shall
be installed by the Town.
3. Attachment 4 of this Intermunicipal Agreement includes the Plan or Work(Plan Detail
New Sand and Gravel Drainage&,ale, Drainage Swale, South Harbor Road,Peconic,N.Y. (prepared
by Southold Town Engineering, dated June 21,2017). The Town shall construct the drainage Swale in
accordance with the Plan of Work(Attachment 4) and any changes agreed to by the parties hereto in
writing.
B. Permit and Construction Phase of Town Services
1. The Town shall submit an application for and shall obtain any necessary permit(s)or
approval(s) from the NYSDEC for construction of the Drainage Swale and related activities under this
InterniunicipaI Agreement. All such activities shall be conducted in compliance with the regulatory
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Town of Southold—Swale
approvals, if any. The Town shall submit copies of the permits and/or regulatory approvals to the
District upon request.
2.
3. The Town shall complete any necessary review and determination under the State
Environmental Quality Review Act,N.Y. Envtl. Conserv. Law Article 8 (SEQRA)prior to initiation of
construction.
4. The Town shall implement erosion and sedimentation control practices(e.g. silt fencing)
prior to ground breaking.
5. In preparation for construction,the Town shall survey and mark the site for the
biorentention area; conveyance pipes inlets, outfalls,soil stockpiles, and equipment and material staging
areas.
6. The Town shall excavate the site to NYSDEC standards, and existing asphalt at the
road's end shall be removed. (See Attachment 4(Plan Detail New Sand& Gravel Drainage Swale)).
The Town's services shall include surveying to ensure grading accuracy.
7. The Town shall clear existing trees,bushes,and debris before grading the site, if needed.
8. The Town shall install Rip Rap Swales and a Check Dam, if needed.
9. The Town shall install a new Timber Wood Guard Rail and new asphalt walkway, if
needed.
10. The Town shall install to install two drainage systems on South Harbor Road. One would
be 140' north of the road end and consist of two 2'6"x 4'0"x 4' deep catch basins and six 8' diameter x
6' deep leaching pools,all connected by 12"smooth interior corrugated polyethylene pipe. The second
system would be 440' north of the road end and consist of two 2'6"x 4'0"x 4' deep catch basins and
four 8' diameter x 8' deep leaching pools, all connected by 12"smooth interior corrugated polyethylene
pipe.
11. The Town shall remove three outdated outfalls in the surrounding area(see Attachment
5) ;each to be replaced by catch basins. Outfalls 066&067, located near the intersection of Leslie
Road and Indian Neck Lane,would be removed and one catch basin would be added to the east side of
the street to collect stormwater runoff. Three,8' diameter x 4' deep leaching pools would be connected
to the new and existing catch basins to complete the system. Outfall 068 would be eliminated and two
new catch basins would be added at this location,one on the north side of the road and one on the south
side. These two basins would be connected to each other and two 8' diameter x 6' deep leaching pools
would be added to complete the system.
12. The Town shall dispose of all excavated material at a N.Y.S. regulated facility during and
post-construction.
13. After construction,the Town shall provide topsoil and seed cover on all uncovered
ground and side slopes to increase slope stabilization and minimize soil erosion.
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Town of Southold—Swale
14. The Town shall develop a regular maintenance plan and schedule to check the quality and
condition of the Drainage Swale and surrounding area, and shall provide maintenance and cleaning in
accordance with the schedule for the entire useful lifespan useful lifespan (approximately twenty (20)
years from completion of construction) of the Drainage Swale, notwithstanding the expiration of this
Intermunicipal Agreement,. The maintenance plan and schedule shall be incorporated by reference into
this Intermunicipal Agreement and shall be made a part hereof.
15. The Town warrants that it will perform its obligations in a timely,workmanlike manner,
in accordance with industry best practices and agreed-upon specifications.
16. The Town shall perform the Services in accordance with all applicable laws,miles and
regulations.
C. Inspection and Documentation
1. Upon request, the Town shall provide the District with an opportunity to visit the subject
site;
2. The Town shall provide quarterly status updates to the District; and
3. The Town shall provide the District with a final project report and as-built plans
describing the project activities and results.
D. Key Town Personnel
The following individuals are identified as key Town personnel for the production and presentation of
the project:
Jaime Richter, R.A. Project Coordinator
Michael Collins,P.E. Project Coordinator
E. Compliance with the Grant Contract
In provision of the above Services, the Town shall comply with all portions of the Grant Contract
(Attachment C of this Intermunicipal Agreement),and any extension or successor contract thereto
(collectively,the"Grant Contracts"),which are hereby incorporated by reference. The Town hereby
acknowledges receipt of copies of the Grant Contracts and agrees to comply with requirements
applicable to it in the Grant Contracts(including,but not limited to,requirements for reporting,
insurance coverage and signage at the project). The Town shall cooperate with the District in all
respects necessary or appropriate to enable the District to comply with the requirements of the Grant
Contracts. Upon request,the Town shall provide any documentation to the District as necessary for the
District to obtain reimbursement under the Grant Contract,
F. Indemnification under Grant Contracts.
In addition to paragraph 8 of Exhibit 1 of this Contract,the following shall apply. The ToXNM
hereby acknowledges and understands that that the Grant Contracts require the District to be responsible
for the acts and omissions of the Town and to indemnify and to hold harmless the State of New York for
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Town of Southold—Swale
claims, suits,actions, damages and costs of every nature arising out of or related to the services to be
rendered by the Town pursuant to the Grant Contracts and this Contract. The Town hereby agrees that
any liability imposed upon the District or the County of Suffolk arising out of or in connection with the
Grant Contracts caused by the negligence or any acts or omissions of the Town shall be covered by and
subject to Indemnification and Defense under Paragraph 8 of Exhibit I of this Contract.
G. Insurance
The Town shall continuously maintain insurance for the time periods and in amount and types
specified in Attachment 6 of this Intermunicipal Agreement.
4. Key Personnel of the District
Key Personnel:The following individuals are identified as key District personnel for the administration
of the project and funds.
Corey Humphrey, C.P.E.S.C. District Manager
Kaitlin Shahinian, Soil District Technician
6. Furniture, Fixtures, Equipment,Materials,Supplies
A. The Town shall own all equipment,materials,and supplies purchased or obtained by the Town
and paid for or reimbursed to the Town pursuant to the terms of the Contract.
B. The Town may, in its discretion,dispose of all equipment, materials,and supplies purchased or
obtained by the Town and paid for or reimbursed to the Town pursuant to the terms of this
Intermunicipal Agreement.
End of Text of Article I
(Article II starts on the following page.)
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Town of Southold—Swale
Article II
Financial Terms and Conditions
1. Conflicting Provisions
In the event of any conflict between any provision in this Article II and an exhibit to this Contract, the
exhibit shall prevail, unless it is expressly stated in the conflicting provision in this Article II that it shall
prevail over the exhibit.
2. General Payment Terms (if applicable)
a. Presentation of District Payment Claim
In order for payment to be made by the District to the Contractor for the Services, the Contractor
shall prepare and present a District Payment Claim, which shall be documented by sufficient, competent and
evidential matter. Claims for reimbursement must be accompanied by such receipts and documents verifying
expenditures as required by the NYSDEC, the NYS Comptroller and the District. Satisfactory
documentation shall include, but is not limited to signed copies of payment invoices, cancelled checks or the
latest cumulative work-in-place estimate for each construction contract. Each District Payment Claim
submitted for payment is subject to Audit at any time during the Term or any extension thereof. This
provision shall survive expiration or termination of this Contract for a period of not less than seven (7) years,
and access to records shall be as set forth in paragraph 31 of Exhibit 1,and paragraph 4(b)of Article Il.
b. Claim Documentation
The District Payment Claim shall list all information regarding the Services and other items for which
expenditures have been or will be made in accordance with the Contract. Either upon execution of the
Contract(for the Services already rendered and expenditures already made),or not more than thirty (30) days
after the expenditures were made,and in no event after the 3151 day of January following the end of each year
of the Contract, the Contractor shall fttrnish the District with detailed documentation in support of the
payment for the Services or expenditures under the Contract, e.g., dates of the Service, worksite locations,
activities, hours worked, and pay rates for all Services. The District Payment Claim shall include time
records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed
during the period. All District Payment Claims must bear a signature as that term is defined pursuant to New
York State General Construction Law §46 by duly authorized persons. Disbursements made by the Town in
accordance with this Intermunicipal Agreement and submitted for reimbursement must be documented and
must comply with accounting procedures as set forth by the District and the Suffolk County Department of
Audit and Control.
C. Final Claim
The acceptance by the Town of payment of all billings made on an approved claim shall operate as and shall
be a release of the District and the County from all claims by the Town through the date of the claim.
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Town of Southold—Swale
3. Subject to Appropriation of Funds
a. The Contract is subject to the amount of fluids appropriated each fiscal year by the District and
any subsequent modifications thereof by the District and no liability shall be incurred by the
District beyond the amount of funds appropriated each fiscal year by the District for the Services.
b. If the District fails to receive Federal or State finds originally intended to pay for the Services,or
to reimburse the District, in whole or in part, for payments made for the Services, the District
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
ii.) determine future payments to the Town;and
iii.) determine what amounts, if any, are reimbursable to the District (or, if applicable, the
County) by the Town and the terms and conditions under which such reimbursement
shall be paid.
4. Accounting Procedures
a. The Town shall maintain accounts, books, records, documents, other evidence, and accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of
any nature expended in the performance of the Contract, in accordance with generally accepted
accounting principles and with rules, regulations and financial directives, as may be promulgated
by the District and the Suffolk County Department of Audit and Control. The Town shall permit
inspection and audit of such accounts, books, records, documents and other evidence by the
District and the Suffolk County Comptroller, or their representatives, as often as, in their
judgment, such inspection is deemed necessary. Such right of inspection and audit as set forth in
subparagraph (b) below shall exist during the Term and for a period of seven (7) years after
expiration or termination of the Contract.
b. The Town shall retain all accounts, books, records, and other documents relevant to the Contract
for seven (7) years after final payment is made by the District. Federal, State, District and/or
County auditors and any persons duly authorized by the District or the County shall have full
access and the right to examine any of said materials during said period. Such access is granted
notwithstanding any exemption from disclosure that may be claimed for those records which are
subject to nondisclosure agreements, trade secrets and commercial information or financial
information that is privileged or confidential.
5. Audit
a. All payments made under the Contract are subject to audit by the District and by the Suffolk
County Comptroller pursuant to pursuant to Article V of the Suffolk County Charter. The Town
further agrees that the Comptroller and the District shall have access to and the right to examine,
audit, excerpt, copy or transcribe any pertinent transactions or other records relating to Services
under the Contract. If such an audit discloses overpayments by the District to the Town, within
thirty(30)days after the issuance of an official audit report by the District or the Suffolk County
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Town of Southold—Scale
Comptroller or his duly designated representatives, the Town shall repay the amount of such
overpayment by check to the order of the "Suffolk County Soil and Water Conservation
District", or shall submit a proposed plan of repayment to the District. If there is no response,or
if satisfactory repayments are not made, the District may recoup overpayments from any
amounts due or becoming due to the Town from the District under the Contract or any other
Fund Source.
b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a
period of seven(7) years, and access to records shall be as set forth in paragraph 31 of Exhibit 1,
and paragraph 4(b) of Article II.
G. Comptroller's Rules and Regulations for Consultant's Agreements
Where applicable, the Town shall comply with the "Comptroller's Rules and Regulations for
Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County
and any amendments thereto during the Term of the Contract. The "Comptroller's Rules and
Regulations for Consultant's Agreements" may be viewed online at the County's website,
SuffolkCountyny.gov; go to"Government,"then"Comptroller,"then"Consultant's Agreements."
7. Specific Payment Terms and Conditions
A. The District agrees to pay the Town an amount not to exceed$50,750.00 as reimbursement for
the cost of the Services.
B. The Town shall submit vouchers,claims,and/or other documentation as required by the District
to obtain such reimbursement. The District reserves the right, in its sole discretion, to determine if the
reimbursement request and other accompanying document,as submitted by the Contractor is in satisfactory
form and substance.
C. The District shall not be responsible for any costs which exceed the Total Cost of the Contract on
the first page of the Contract.
D. Payment shall be made as a lump sum upon completion of all of the Services,provision of all
documentation required by the District, and approval of the project by the District and the NYSDEC.
E. The Town may not use the District funds granted under this Contract as matching fiends for this
project or any other federal, state, or other grant program unless specifically authorized by written consent
from the District.
F. The Budget for the Services is below. The Town shall comply with the Budget in provision of
the Services. (The Budget is on the next page.)
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Item Description Cost/Unit Units In-Kind Total
Match
Contractual • Drainage 1 1 $0 $15,000.00
Services installation
• Outfall
decommision
• Disposal
costs
• Tree
trimming
• Bush removal
• Topsoil and
seeding
service
Other • Cost of 1 1 $0 35,750.00
Materials and
Supplies
SUBTOTAL $50,750.00
TOTAL $50,750.00
End of Text for Article II
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Exhibit 1 insurer as required by the Contract,or
District Terms and Conditions
C. the Contractor's failure to maintain
For this Exhibit 1.the Towm shall be referred to as the insurance required by the Contract with an
Contractor. insurer that has designated the New York
Superintendent of insurance as its lawful agent
for service of process;or
1. Elements of Interpretation
d. The Contractor's failure to comply with
As used throughout the Contract: any Federal, State or local law, rule, or
regulation,and County policies or directives;or
a. Words of the masculine gender shall mean and
include correlative words of the feminine and neuter e. The Contractor's bankruptcy of
genders and words importing the singular number shall insolvency;or
mean and include the plural number and vice versa. Words
importing persons shall include firms; associations, f. The Contractor's failure to cooperate In
partnerships (including limited partnerships), trusts, an Audit;or
corporations and other legal entities, including public
bodies, as well as natural persons, and shall include g. The Contractor's falsification of
successors and assigns, records or reports, misuse of funds, or
malfeasance or nonfeasance in financial record
b. Capitalized terms used,but not otherwise defined keeping arising out of,or in connection with,any
herein, shall have the meanings assigned to them in the contract with the District;or
Contract.
11. The Contractor's failure to submit, or
2. Meanings of Terms failure to timely submit,documentation to obtain
Federal or State finds;or
As used in the Contract:
i. The inability of the District or the
"Comptroller"means the Comptroller of the County of Suffolk. Contractor to obtain federal or State finds due to
arty act or omission of the Contractor;or
`'Contract'means all terms and conditions herein forming all rights
and obligations of the Contractor and the District. j. Ally condition (lie District determines,
in its sole discretion,that is dangerous.
"Contractor" means the signatory person, partnership, corporation,
association or other entity, its officers, officials, employees, agents, "Federal"means the United Stales government,its departments and
servants,sub-contractors,volunteers, and any successor or assign of agencies.
any one or more of the foregoing performing the Services.
"Fund Source" means any direct or indirect sunt payable to the
"County" means the County of Suffolk, its departments, and Town by the District pursuant to any lawful obligation.
agencies.
"Services"means all that which the Contractor must do,and any part
"County Attorney" means the County Attorney of the County of thereof arising out of, or in connection with, the Contract as
Suffolk. described in Article I"Description orservices."
"District" means the Suffolk County Soil and Water Conservation "State"means the State of New York.
District ("the District"), established pursuant to the NY Soil and
Water Conservation Districts Law and Resolution No. 245-1964 of
the Suffolk County Legislature. "Tern["means the time period set forth on page one of the Contract
and,if exercised by the District,the option period,if any.
"Engineering Services" means the definition of the practice of
engineering and the definition of practice of land surveying, as the 3. Contractor Responsibilities
case may be, under Section 7201 and Section 7203 of the State
Lducation Law,respectively. a. It shall be the duty of the Contractor to discharge,
or cause to be discharged,all of its responsibilities,and to
"Event of Default"means administer finds received in the interest of the District in
accordance with the provisions of the Contract.
a. the Contractor's failure to perform any
duty required of it under paragraphs 4 through 7 b. The Contractor shall promptly take all action as
of this Exhibit 1 of the Contract;or may be necessary to render the Services.
b. the Contractor's failure to maintain the C. The Contractor shall not take any action that is
amount and types of insurance with an authorized inconsistent%i ith the provisions of the Contract.
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Town of Southold—Swale
Medicare or Medicaid certification is restricted,suspended,
d. Services provided under this Contract shall be or temporarily or permanently revoked, it is the duty of the
open to all residents of the County. Contractor to contact the District,or division thereof,as the
case may be, in writing, no later than three (3)days after
4. Qualifications,Licenses,and Professional Standards such restriction,suspension,or revocation.
a. The Contractor represents and warrants that it b. The Contractor shall forward to the District, or
has, and shall continuously possess, during the Term, the division thereof,as the case may be,on or before July 1 of
required licensing, education, knowledge, experience, and each year during the Term,a complete list of the names and
character necessary to qualify it to reader the Services. addresses of all persons providing the Services,as well as
their respective areas of certification, credentialing,
b. The Contractor shall continuously have during registration,and licensing.
the Term all required authorizations, certificates,
certifications, registrations, licenses, permits, and other 8, Engineering Certificate
approvals required by Federal, State, District, County, or
local authorities necessary to qualify it to render the In the event that the Contract requires any Engineering
Services. Services, the Contractor shall submit to the District, no
later than the due date for submission for approval of any
5. Notifications engineering work product,the Certificate of Authorization
("Certificate"),issued pursuant to§ 7210 of the New York
a. The Contractor shall immediately notify the Education Law, of every person performing any
District, in writing, of any disciplinary proceedings, Engineering Services. The failure to tile, submit or
commenced or pending, with any authority relating to a maintain the Certificate shall be grounds for rejection of
license held by any person necessary to qualify him or the any engineering work product submitted for approval.
Contractor to perform the Services.
b. In the event that a person is no longer licensed to 9. Termination
perform the Services, the Contractor must immediately
notify the District,but in no event shall such notification be n. Thirty Days Termination
later than five (5) days after a license holder has lost the The District shall have the right to terminate the
license required to qualify the license holder or the
Contractor to perform the Services. Contract without cause, for any reason, at any time, upon
such terms and conditions it deems appropriate, provided,
C. In the event that the Contractor is not able to however,that no such termination shall be effective unless
perform the Services due to a loss of license,the Contractor the Contractor is given at least thirty(30)days notice.
shall not be reimbursed for the Services rendered after the b. Event of Default;Termination on Notice
effective date of termination of such license. Without '
limiting the generality of the foregoing, if any part of the i.) The District may immediately
Contract remains to be performed, and the termination of terminate the Contract, for cause, upon such
tate license does not affect the Contractor's ability to render terms and conditions it deems appropriate,in the
the Services,every other term and provision of the Contract Event of Default.
shall be valid and enforceable to the fullest extent permitted
by law. ii.) If the Contractor defaults tinder any
other provision of the Contract,the District may
6. Documentation of Professional Standards terminate the Contract, on not less than five(5)
days notice, upon such terms and conditions it
The Contractor shall maintain on file,in one location in the deems appropriate.
District, all records that demonstrate that it has complied
with paragraphs 4 and 5 above. The address of the location C. Termination Notice
of the aforesaid records and documents shall be provided to
the District no later than the date of execution of the Any notice providing for termination shall be
Contract. Such documentation shall be kept, maintained, delivered as provided for in paragraph 33 of this
and available for inspection by the District upon t%Ncnty- Exhibit 1.
four(24)hours notice.
d. Duties upon Termination
7. Credentialing
i.) The Contractor shall discontinue the
a. In the event that the District, or any division Services as directed in the termination notice.
thereof, maintains a credcntialing process to qualify the
Contractor to render the Services, the Contractor shall ii.) Subject to any defenses available to it,
complete the required credcntialing process. In the event the District shall pay the Contractor for the
that any State credential, registration, certification, or Services rendered through the date of
license, Drug Enforcement Agency registration, or termination.
Page 16 of 28
Rev. 11-20-19;Law No.18-SW-001
Town of Southold—Swale
11. Reserved.
iii.) The District and the County shall be
released from any and all liability tinder the 12 Independent Contractor
Contract, effective as of the date of the
termination notice. The Contractor is not, and shall never be, considered an
iv.) Upon termination, the Contractor shall employee of the District or the County for any purpose.
reimburse the District the balance of any finds Notwithstanding anything herein,the Contract shall not be
advanced to the Contractor by the District and/or construed as creating a principal-agent relationship bel\Aeen
the County no later than thirty (30) days alter the District or the County and the Contractor or the
termination of the Contract. The provisions of Contractor and the District or the County, as the case may
this subparagraph shall survive the expiration or be,
termination of the Contract.
13. Severability
V.) Nothing contained in this paragraph
shall be construed as a limitation on the District's It is expressly agreed that if any term or provision of the
or the County's rights set forth in paragraphs 5(c) Contract, or the application thereof to any person or
and 15 of this Exhibit 1. circumstance,shall be held invalid or unenforceable to any
extent, the remainder of the Contract,or the application of
10. Indemnification and Defense such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable,
To the extent permitted by law. shall not be affected thereby, and every other term and
provision of the Contract shall be valid and shall be
a. The Contractor shall protect,indemnify,and hold enforced to the fullest extent permitted by law.
harmless time District and the County, and their agents,
servants, officials, and employees from and against all 14. Merger;No Oral Changes
liabilities, fines, penalties, actions, damages, claims,
demands, judgments,'losses, suits or actions, costs, and It is expressly agreed that the Contract represents the entire
expenses caused by the negligence or any acts or omissions agreement of the parties and that all previous
of the Contractor, including reimbursement of the cost of
reasonable attorneys' fees incurred by the District or understandings are herein merged in the Contract. No
modification
County,its agents,servants,officials,and employees in any the Contract shall be valid unless in written
action or proceeding arising out of or in connection withform and executed by both parties.
the Contract.
15. Set-Off Rights
b. The Contractor hereby represents and warrants
that it will not infringe upon any copyright in performing The District(and/or the County as applicable)shall have all
the Services. The Contractor agrees that it shall protect, of its common law, equitable, and statutory rights of set-
indemnify, and hold harmless, the District and/or the off. These rights shall include, but not be limited to, the
County, their agents, servants, officials, and employees District's(and/or the County's)option to withhold from a
from and against all liabilities, fines, penalties, actions, Fund Source an amount no greater than any moneys due
damages, claims, demands, judgments, losses, suits or and owing to the District(and/or or County)for any reason.
actions, costs, and expenses arising out of any claim The District and/or County shall exercise its or their set-off
asserted for infringement of copyright, including rights subject to approval by(lie County Attorney. In cases
reimbursement of the cost of reasonable attorneys' fees of set-off pursuant to a Comptroller's audit, the District
incurred by the District and/or the County, their agents, and/or the County shall only exercise such right after the
servants, officials, and employees in any action or finalization thereof, and only after consultation im ith the
proceeding arising out of or in connection with any claim County Attorney.
asserted for infringement of copyright.
16. Non-Discrimination in Services
C. The Contractor shall defend the District andfor
the County,its agents,servants,officials,and employees in a. The Contractor shall not,on the grounds of race,
any proceeding or action, including appeals,arising out of, creed, color, national origin, sex, age, disability, sexual
or in connection with, the Contract, and any copyright orientation,military status,or marital status:
infringement proceeding or action. Alternatively, at the
District's and/or the County's option,the District and/or the i.) deny any individual the Services
County may defend any such proceeding or action and provided pursuant to the Contract;or
require the Contractor to pay reasonable attorneys'fees or ii.) provide tine Services to an individual
salary costs of County employees of the Department of that is different, or provided in a different
Law for the defense of any such suit. manner, from those provided to others pursuant
to the Contract;or
Page 17 of 28
Rev. 11-20-19;Lav No.18-SW-001
Town of Southold—Swale
iii.) subject an individual to segregation or 20. Conflicts of Interest
separate treatment in any matter related to the
individual's receipt of the Services provided The Contractor shall not,during the Term,pursue a course
pursuant to the Contract;or of conduct which %Mould cause a reasonable person to
iv.) restrict an individual in any way from believe that he or she is likely to be engaged in acts that
any advantage or privilege enjoyed by others create a substantial conflict between its obligations under
receiving the Services provided pursuant to the the Contract and its private interests. The Contractor is
Contract;or charged with the duty to disclose to the District the
existence of any such adverse interests,whether existing or
V.) treat an individual differently from potential. This duty shall continue as long as the Term.
others in determining whether or not the The determination as to whether or when a conflict may
individual satisfies any eligibility or other potentially exist shall ultimately be made by the County
requirements or conditions which individuals Attorney after frill disclosure is obtained.
must meet in order to receive the Services
provided pursuant to the Contract. 21. Cooperation on Claims
b. The Contractor shall not utilize criteria or
methods of administration which have the effect of The Contractor and the District and the County shall render
subjecting individuals to discrimination because of their diligently to each other,without compensation,any and all
race, creed, color, national origin, sex, age, disability, cooperation that may be required to defend the other party,
sexual orientation,military status,or marital status,or have its employees and designated representatives against any
the effect of substantially impairing the Contract with claim, demand or action that may be brought against the
respect to individuals of a particular race, creed, color, other party, its employees or designated representatives
national origin, sex, age, disability, sexual orientation, arising out of,or in connection with,the Contrac(.
military status,or marital status,in determining:
i.) the Services to be provided,or 22. Confidentiality
ii.) the class of individuals to whom,or the Any document of the District,or any document created by
situations in which,the Services will be provided; the Contractor and used in rendering the Services, shall
or remain the property of the District and shall be kept
iii.) the class of individuals to be afforded confidential in accordance with applicable laws,rules,and
an opportunity to receive the Services. regulations.
17. Nonsectarian Declaration 23. Assignment and Subcontracting
The Services performed under the Contract are secular in R. The Contractor shall not delegate its duties under
nature. No funds received pursuant to the Contract shall be the Contract, or assign, transfer, convoy, subcontract,
used for sectarian purposes or to further the advancement sublet, or othenvise dispose of the Contract, or any of its
of any religion. The Services will be available to all light, title or interest therein, or its power to execute the
eligible individuals regardless of religious belief or Contract, or assign all or any portion of the moneys that
affiliation. may be due or become due hereunder,(collectively referred
to in this paragraph 23 as "Assignment"), to any other
person,entity or thing Nrithout the prior written consent of
18. Governing Law the District, and any attempt to do any of the foregoing
without such consent shall be void ab initio.
The Contract shall be governed by and construed in
accordance with the laws of the State of New York,«ithout b. Such Assignment shall be subject to all of the
regard to conflict of laws. Venue shall be designated in Clic provisions of the Contract and to any other condition the
Supreme Court, Suffolk County,the United States District County requires. No approval of any Assignment shall be
Court for the Eastern District of New York, or, if construed as enlarging any obligation,of the District and/or
appropriate, a court of inferior jurisdiction in Suffolk the County under the terms and provisions of the Contract.
County. No Assignment of the Contract or assumption by any
person of any duty of the Contractor under the Contract
19. No Waiver shall provide for, or otherwise be construed as, releasing
the Contractor from any tern or provision of the Contract.
It shall not be construed that any failure or forbearance of 24Reserved.
the District and!or County to enforce any provision of the
Contract in any particular instance or instances is a waiver
of that provision. Such provision shall otherwise remain in 25. No Intended Third Party Beneficiaries
frill force and effect, notwithstanding any such failure or
forbearance. The Contract is entered into solely for the benefit of the
District (and/or the County, as the case may be) and the
Page 18 of 28
Rev. 11-20-19;Law No. 18-SW-001
Town of Southold—Swale
Contractor. No third party shall be deemed a beneficiary of
the Contract and no third party shall have the right to make The Contractor warrants that the Services and Deliverables,
any claim or assert any right under the Contract. if any, provided hereunder, will not infringe on any third party's
intellectual property rights, not upon any third party's intellectual
26. Reserved. publicity.
27. Reserved. 29. Reserved.
28. Copyrights and Patents The Contractor warrants that,except as may otherwise be authorized
by agreement, it is not in arrears to the County upon any debt,
a. Copyrights contract, or any other lawful obligation, and is not in default to cite
County as surety.
Any and all materials generated by or on behalf of the
Contractor while perforating the Services (including, without 30. Reserved.
limitation, designs, images, video, reports,analyses, manuals, films,
tests, tutorials, and any other work product of any kind) and all 31. Record Retention
intellectual property rights relating thereto("Work Product")are and
shall be the sole property of the District. The Contractor hereby The Contractor shall retain all accounts, books, records, and other
assigns to the District its entire right, title and interest, if any,to all documents relevant to the Contract for seven (7) years after final
Work Product, and agrees to do all acts and execute all documents, payment is made by the District. Federal, State, County and or
and to use its best efforts to ensure that its employees, consultants, District auditors and any persons duly authorized by the District
subcontractors, vendors and agents do all acts and execute any and/or the County shall have frill access and the right to examine any
documents,necessary to vest ownership in the District of any and all of said materials during said period. Such access is granted
Work Product. The Contractor may not secure copyright protection. notwithstanding any exemption from disclosure that may be claimed
The District reserves to itself,and the Contractor hereby gives to the for those records which are subject to nondisclosure agreements,
District,and to any other person designated by the District,consent to trade secrets and commercial information or financial infrn mation
produce, reproduce, publish, translate, display or otherwise use the that is privileged or confidential.Without limiting the generality of
Work Product. This paragraph shall survive any completion, the foregoing, records directly related to contract expenditures shall
expiration or termination of this Contract. be kept for a period of ten (10) years because the statute of
limitations for the New York False Claims Act (New York False
The District shall be deemed to be the author of all tine Claims Act§ 192)is ten(10)years.
Work Product. The Contractor acknowledges that all Work Product
shall constitute"work made for hire"under the U.S.copyright laws. 32. Certification Regarding Lobbying
To the extent that any Work Product does not constitute a "work
made for hire,"the Contractor hereby assigns to the District all right, If applicable,together with this Contract and as a condition precedent
title and interest, including the right,title and interest to reproduce: to its execution by the District, the Contractor shall have executed
edit, adapt, modify or otherwise use the Work Product, that the and delivered to the District the Certification Regarding Lobbying(if
Contractor may have or may hereafter acquire in the Work Product, payment under this Contract may exceed $100,000) as required by
including all intellectual property rights therein, in any manner or Federal regulations, and shall promptly advise the District of any
medium throughout the world in perpetuity without compensation. material change in any of the information reported on such
This includes, but is not limited to, the right to reproduce and Certification, and shall otherwise comply with, and shall assist the
distribute the Work Product in electronic or optical media,or in CD- County in complying with, said regulations as now in effect or as
ROM,on-line or similar format. District during the terns of this Contract.
b. Patents 33. Notice
if the Contractor develops,invents, designs or creates any Unless otherwise expressly provided herein, all notices shall be in
idea, concept,code,processes or other work or materials during the writing and shall be deemed sufficiently given if sent by regular first
Terns, or as a result of any Services performed under the Contract class mail and certified mail,or personally delivered during business
("patent eligible subject matter"), it shall be the sole property of the hours as follows: 1.)to the Contractor at the address on page 1 of the
District. The Contractor hereby assigns to the District its entire right; Contract;2.)to the District at the address on page 1 of the Contract
title and interest, if any, to all patent eligible subject matter, and mid, or as to either of the foregoing, to such other address as the
agrees to do all acts and execute all documents, and to use its best addressee shall have indicated by prior written notice to the
efforts to ensure that its employees, consultants, subcontractors, addressor. All notices received by the Contractor relating to a legal
vendors and agents do all acts and execute any documents;necessary- claim shall be immediately sent to the District and also to the County
to vest ownership in the District of any and all patent eligible subject Attorney at 100 Veterans Memorial Highway,P.O.Box 6100,(Sixth
matter. The Town may not apply for or secure for itself patent Floor),Hauppauge,New York, 11788-0099.
protection. The District reserves to itself,and the Contractor hereby
gives to the District, and to any other person designated by the End of Text for Exhibit 1
District,consent to produce or otherwise use any iter so discovered
and/or the right to secure a patent for the discovery or invention.
This paragraph shall survive any completion, expiration or
termination of this Contract.
Page 19 of 28
Rev. 11-20-19; Law No. 18-SW-001
Town of Southold—Swale
Attachments
1. Resolution No. 2019-36 of the Suffolk County Soil and Water Conservation
District(SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS IS ACCEPTING THE 2017 NYSDEC WQ1P GRANT
AWARD TO THE SUFFOLK COUNTY SWCD AND APPROVING THE
DISBURSEMENT OF$50,750.00 FROM THE 2017 NYSDEC WQIP GRANT
AWARD TO THE TOWN OF SOUTHOLD FOR THE SOUTHOLD STORMWATER
REMEDIATION PROJECT(S. HARBOR ROAD, SOUTHOLD), dated June 13,2019
and approved June 14,2019.
2. Resolution No. 2019-828 of the Town Board of the Town of Southold, adopted at
the regular meeting of the Town Board of the Town of Southold on September 24,2019,
and Resolution No. 2019-965 of the ToNtim Board of the Town of Southold,amended
November 19"i,2019.
3. Contract between the Suffolk County Soil and Water Conservation District and
the N.Y.S. Dep't of Environmental Conservation(NYSDEC) for grant funding(Nett
York State Contract No. DECO 1-00637GG-3350000) (Project Name: Stormwater Runoff
Remediation Protection of Richmond Creek), last dated 9/12/2019, as extended to end on
12/31/2020.
4. Plan or Work
Plan Detail New Sand and Gravel Drainage Swale, Drainage Swale, South Harbor Road,
Peconic,N.Y. (Prepared by Southold Town Engineering, June 21, 2017).
5. Insurance
Page 20 of 28
Rear. 11-20-19;Law No. 18-SW-001
Town of Southold—Swale
Attachment I
Resolution No. 2019-36 of the Suffolk County Soil and Water Conservation District
(SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT BOARD OF
DIRECTORS IS ACCEPTING THE 2017 NYSDEC WQIP GRANT AWARD TO THE
SUFFOLK COUNTY SWCD AND APPROVING THE DISBURSEMENT OF
$50,750.00 FROM THE 2017 NYSDEC WQIP GRANT AWARD TO THE TOWN OF
SOUTHOLD FOR THE SOUTHOLD STORMWATER REMEDIATION PROJECT(S.
HARBOR ROAD, SOUTHOLD),dated June 13,2019 and approved June 14,2019.
Page 21 of 28
Rev. 11-20-19; Law No. 18-SW-001
Town of Southold—Swale
Attachment 2
Resolution No.2019-828 of the Town Board of the Town of Southold,adopted at the
regular meeting of the Town Board of the Town of Southold on September 24, 2019, and
Resolution No. 2019-965 of the Town Board of the Town of Southold,amended
November 19'", 2019.
Page 22 of 28
Rev. 11-20-19;Law No. 18-SW-001
Town of Southold—Swale
Attachment 3
"Grant Contract"(a/k/a the"2017 WQIP Grant") with the N.Y.S. Dep't of Environmental
Conservation(NYSDEC)(New York State Contract No. DECO1-00637GG-3350000)
(Project Name: Stormwater Runoff Remediation Protection of Richmond Creek), hereby
incorporated by reference and made a part hereof.
Page 23 of 28
Rev. 11-20-19;Law No.18-SW-001
Town of Southold—Swale
Attachment 4
Plan or Work
Plan Detail Neiv Sand and Gravel Drainage Stivale
Drainage Swale, South Harbor Road„ Peconic,N.Y.
(Prepared by Southold Town Engineering,
June 21, 2017).
Page 24 of 28
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Rev. 11-20-19;Law No. 18-SW-001
Town of Southold—Swale
Attachment 6
Insurance
The Town agrees to procure and maintain at its own expense and without expense to the District,
insurance of the kinds and amounts as determined by NYSDEC and based upon the project work plan.
The insurance policies should be provided by insurance companies licensed to do business in the State of
New York.Any delay or time lost as a result of the Contractor not having insurance required by the
Contract shall not give rise to a delay claim or any other claim against the District.
Upon execution of this contract,the Town shall furnish to the District upon request a certificate or
certificates,satisfactory to the District, showing that it has complied with this requirement.The insurance
documentation shall provide that:
Liability and protective liability insurance policies shall provide primary and non-contributory
coverage to the Suffolk County Soil and Water Conservation District,the County of Suffolk and
the NYS Department of Environmental Conservation for any claims arising from the this
contract,or as a result of the Town,its contractors and partner activities.
Suffolk County Soil and Water Conservation District,the County of Suffolk,and the NYS
Department of Environmental Conservation, its officers,agents and employees, shall be listed as
Certificate Holder on all liability insurance certificate(s), as additional insureds on
endorsements(s)and on additional supporting documentation.
The policies shall include a waiver of subrogation endorsement in favor of the Department as an
additional insured.
Policies shall not be changed or canceled until thirty(30)days prior written notice has been given
to the District;as evidenced by an endorsement or declarations page.
Insurance documentation shall disclose any deductible, self-insured retention,aggregate limit or
any exclusion to the policy that materially changes the coverage required by the Contract.
Endorsements in writing must be added to and made part of the insurance contract for the purpose
of changing the original terms to reflect the revisions and additions as described.A copy of these
endorsements must be provided to the District within a reasonable amount of time.
This Contract shall be void and of no effect unless the Town procures the required insurance
policies and maintains them until completion of the work or acceptance by the District,whichever
event is later.
The kinds and amounts of insurance required are as follows:
A. Workers' Compensation coverage must be provided for work to be performed in New York
State.The Town and any subcontractors hired by the Town shall provide and maintain firll New
York State coverage during the life of this contract for the benefit of such employees as are
required to be covered by the New York State Workers' Compensation Law. Evidence of
Workers'Compensation and Employers Liability coverage must be provided on one of the
following forms specified by the Chairman of the New York State Workers' Compensation
Board:
FORM#FORM TITLE
C-105.2 Certificate of Workers' Compensation Insurance
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Rev. 11-20-19;Law No. 18-SW-001
Town of Southold—Swale
U-26.3 State Insurance Fund Version of the C-105.2 fornt
SI-12/GSI-105.2 Certificate of Workers' Compensation Self-Insurance
CE-200 Certificate of Attestation of Exemption—(no employees)
B. Disability Benefits coverage mist be provided for work to be performed in New York State.
The Town shall provide and maintain coverage during the life of the contract for the benefit of
such employees as are required to be covered by the New York State Disability Benefits Law.
Evidence of Disability Benefits coverage must be provided on one of the following forms
specified by the Chairman of the New York State Workers'Compensation Board:
FORM#FORM TITLE
DB-120.1 Certificate of Disability Benefit Insurance
DB-155 Certificate of Disability Benefit Self-Insurance
CE-200 Certificate of Attestation of Exemption—(no employees)
Upon review of the scope of work outlined in the Grant Application and this Intermunicipal Agreement
by the Department,the following types of liability insurance shall be required:
C.Commercial General Liability Insurance with a limit of not less than $2,000,000 each
occurrence,and $5,000,000 General aggregate.Such insurance shall cover liability arising from
premises operations,independent contractors,products-completed operations,broad form
property damage,personal and advertising injury,cross liability assumed in a contract(including
tort liability of another assumed in a contract).Limits may be provided through a combination of
primary and umbrella/excess liability policies.The CGL aggregate shall be endorsed to apply on
a per project basis for construction contracts.
D.Business Automobile Liability with a limit of not less than$1,000,000 each accident.Such
insurance shall cover liability arising out of any registered motor vehicle including owned, leased,
hired and non-owned vehicles. If the Contractor does not own,rent or lease any registered
vehicles and will not be using any vehicles on State Land proof of Business Automobile Liability
Insurance shall not be required for this Contract.The Contractor shall assume full responsibility
and liability that owners and operators of any registered vehicles entering State Land to conduct
work under this contract carry the same Business Automobile Liability Insurance of the kinds and
amounts listed above. The District and NYS Department of Environmental Conservation reserves
the right to request proof of the same.
E.Environmental Liability with a limit of not less than$1,000,000 providing primary coverage
for bodily iniruy and property damage, including loss of use of damaged property or of property
that has not been physically injured.Such policy shall provide coverage for actual,alleged or
threatened emission,discharge,dispersal,seepage,release or escape of pollutants,including any
loss,cost or expense incurred as a result of any cleanup of pollutants or in the investigation,
settlement or defense of any claim,suit,or proceedings against the Suffolk County Soil and
Water Conservation District,the County of Suffolk,and the NYS Department of Environmental
Conservation arising from the project.
F.Professional Liability Insurance includes coverage for its negligent act,error or omission in
rendering or failing to render professional services required by this contract arising out of
specifications,installation,modification,abatement,replacement or approval of products,
materials or processes containing pollutants,and the failure to advise of or detect the existence or
the proportions of pollutants.The Contractor,any subcontractor or supplier retained by the
Contractor to work on the contract shall procure and maintain during and for a period of three(3)
years after completion of this contract, Professional Liability Insurance in the amount of
I
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