HomeMy WebLinkAboutNYSDEC - Tidal Wetland Rehab - Broad Meadow CA 12984
RESOLUTION 2022-934
ADOPTED DOC ID: 18582
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-934
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN
BOARD ON NOVEMBER 29, 2022:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Scott A.Russell to execute a Cooperative Agreement with the New York State Department of
Environmental Conservation to facilitate the Town managing tidal wetland rehabilitation planning and
= work on certain lands of the New York State Department of Environmental Conservation being situated
in the Town of Southold,NY,known as Broad Meadow subject to the approval by the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E.Nappa,Councilwoman
SECONDER: Jill Doherty, Councilwoman
AYES: Nappa,Doroski,Mealy, Doherty, Evans,Russell
FO�K�oG
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Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: October 31, 2023
Subject: Cooperative Agreement between NYSDEC & TOS Tidal Wetland
Rehabilitation- Broad Meadow
With respect to the above-referenced matter, I am enclosing the original Agreement
together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call me.
Thank you.
/mm
Enclosures
cc: Accounting
John Seponoski
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CA 12984
COOPERATIVE AGREEMENT
BETWEEN
THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AND
THE TOWN OF SOUTHOLD
THIS Cooperative Agreement is entered into by and between the New York State Department of
Environmental Conservation (hereinafter referred to as the "Department" or "NYSDEC"),having
offices located at 625 Broadway, Albany, New York 12233, and the Town of Southold (hereinafter
referred to as the "Town"), having offices at 53095 Route 25, Southold,NY 11971.
WITNESSETH
WHEREAS,the Department and Town each own and manage property in Southold,NY containing tidal
wetlands for purposes of protecting marine fish and wildlife habitat, improving water quality, providing
open space, and increasing coastal resiliency; and
WHEREAS, it is beneficial for the Department and Town to work cooperatively on projects that protect
and enhance tidal wetland function;and
WHEREAS, the Department and Town agree that the Town shall undertake tidal wetland rehabilitation
planning and work on certain lands of the Department being situated in the Town of Southold,NY,known
as Broad Meadows Marsh;and
WHEREAS, the location of the above State Land is shown with more specificity in Schedule A -Land
Description,attached hereto and made a part hereof, and
WHEREAS, Environmental Conservation Law §3-0301 authorizes the Department to promote and
coordinate management of water, land, fish, wildlife, and air resources to assure their protection,
enhancement, provision, allocation, and balanced utilization consistent with the environmental policy of
the state, and
WHEREAS,the Town is charged with hiring design and construction contractors; and
WHEREAS,the Town anticipates receiving grant funding for this wetland restoration work from a North
American Wetlands Conservation Act Grant; and
WHEREAS, the above Grant Program is administered by the U.S.Fish and Wildlife Service;and
WHEREAS, the Town will enter.into a sub-recipient agreement with Ducks Unlimited (the grant
recipient) in order to receive the above Grant funds; and
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WHEREAS, the costs for the implementation of wetland restoration activities, including restoration
activities authorized in this agreement,are partially covered under the Grant and by additional Town funds
and private funds from Ducks Unlimited;and
WHEREAS,under the terms ofRes.No.2022-934,the Town will utilize the acquisition of Brushes Creek
Preserve as a match for the above Grant; and
WHEREAS, in addition to enhancing the environmental benefits provided by the State Lands, it is
anticipated that wetlands work under this Cooperative Agreement-will also result in benefits to the Town
r of Southold,specifically to the Town of Southold's 16.4-acre Whitcom Property,north of Broad Meadows;
and
WHEREAS,the Grant Agreement included the overview of a work plan for the services provided under
the grant, and the Town will utilize a consultant to further develop the work plan and the permit
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applications; and
WHEREAS,the final work plan, including a monitoring plan will be completed and be part of the permit
application including,but not limited to NYSDEC Temporary Revocable Permits (TRP) and Article 25
Tidal Wetland Permits; and
WHEREAS,this project shall be conducted by the Town , in coordination with NYSDEC.
NOW,THEREFORE, in consideration of the mutual promises and covenants set forth herein,the parties
agree as follows:
ARTICLE I. Term
This Cooperative Agreement will commence on May 1,2023 and will remain in effect through December
31,2027,with the option to amend or extend this Cooperative Agreement by the mutual written agreement
of the parties.
ARTICLE H. Scope of Work
A. Pursuant to its authority in the Environmental Conservation Law §3-0301, the Department grants to
the Town the right to enter upon lands of the Department,more particularly described in SCHEDULE
A, for the purpose of implementing the Project ("Project") set forth in SCHEDULE B - Scope of
Work, (hereinafter"Scope").
B. Subject to the other provisions of this Cooperative Agreement and to appropriations,the Town agrees
to manage the design and implementation of the Project, as set forth in the Scope (Schedule B).
Responsibilities of the Department are also set forth in Schedule B.The parties agree that each party's
responsibilities are as detailed therein. The Scope of Work may be modified by the mutual written
agreement of the parties.
C. Subject to Article III below,should anticipated funding be reduced or become unavailable to the Town,
the Town shall make a good faith effort, subject to appropriations, to prioritize and complete any
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portion of restoration work which has been commenced and thereafter, other work as determined in
consultation between the parties.
ARTICLE III. Cost
A. There shall be no cost to the Town to enter upon the State land. There shall be no cost to the
Department under this Cooperative Agreement.
i B. The Town shall bear the cost of its restoration work under this Cooperative Agreement.
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C. Subject to Appropriation of Funds
The Town is subject to the amount of funds appropriated each fiscal year and any subsequent
modifications thereof by the Town Legislature and aio liability shall be incurred by the Town beyond
the amount of funds appropriated each fiscal year by the Town Legislature for the Services.
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D. If the above appropriation is discontinued or modified, or the Town fails to receive funds originally
intended to pay for the Project, or to reimburse the Town, in whole or in part, for payments made for
the Project,the Town shall have the right to determine whether or how to continue the Project. In such
event,the Town shall make a good faith effort, subject to appropriations and in consultation with the
Department,to complete any portion of the Project which has been commenced.
ARTICLE IV.Representatives; Contact Persons
Cassandra Bauer and John Seponoski are the authorized representatives and will be responsible for the
administration of this Cooperative Agreement.
For the Department
Cassandra Bauer
NYS Department of Environmental Conservation
Division of Marine Resources,Bureau of Marine Habitat
123 Kings Park Blvd
Kings Park,NY 11754(631)444-0474
cassandra.bauer@dec.ny.gov
For the Town
John Seponoski
Town of Southold Town
Hall 53095 Route 25
P.O.Box 1179
Southold,NY 11971,
(631)765-1800
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ARTICLE V. Notice
Unless otherwise expressly provided herein,all notices shall be in writing and shall be deemed sufficiently
given if sent by regular first class mail and certified mail, or personally delivered during business hours
as follows: 1.) to NYSDEC or Cassandra Bauer at the address on page 3 of the Contract and 2.) to the
Town at the address on page 1 of the Contract or as to either of the foregoing,to such other address as the
i addressee shall have indicated by prior written notice to the addressor. All notices received by the
NYSDEC relating to a legal claim shall be immediately sent to the'Town and also to the Town Attorney
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at Southold Town Annex Building 54375Route 25/P.O.Box 1179, Southold,NY 11971
ARTICLE VI.Termination
X
A. This Cooperative Agreement may be terminated by either party giving the other 90 days advance
written notice of such intent and the reasons therefor.Neither party shall enter into or otherwise create
new obligations relative to this Cooperative Agreement, following receipt of such notice,without the
j written consent of the other party. Both parties agree to enter into good faith negotiations to resolve
any differences and provide for an orderly closure of this Cooperative Agreement if agreement cannot
be reached.
B. In the event of a termination the Town shall make a good faith effort, subject to appropriations, to
complete any portion of the restoration work which has already been commenced in accordance with
the terms of approved plans of the NYSDEC Article 25 Tidal Wetlands Permit prior to termination.
See Articles II and III of this Contract.
C. Following such good faith effort made subject to appropriations,the Town shall be released from any
and all liability under the Cooperative Agreement, effective as of the date of the termination notice
except as provided in Article 1X.
ARTICLE VII. Confidentiality
The Department and the Town agree to maintain the confidentiality of data collected as part of the wetland
restoration Project, in accordance with the requirements of federal and New York laws and applicable
policies. Data collected pursuant to the restoration Project shall not be disclosed except as permitted by
law.
ARTICLE VIII.Public Access to State Land
The Town shall request the Department to restrict access to State Land by the public during construction.
Upon such Town request, the Department agrees to restrict/close public access to State Lands during the
tidal wetland restoration, rehabilitation, or construction phases of the project by placing conspicuous
signage on State Lands and posting notice of closure on the NYSDEC public website.The Town reserves
the right to temporarily halt work under the Cooperative Agreement until the Department restricts such
access.
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ARTICLE IX: Town Indemnification
a. The Town agrees that it will indemnify and hold harmless the Department from and against all losses
from claims, demands, payments, suits, actions, recoveries and judgments of every nature and
description brought or recovered against it by reason of any negligent act or omission or tortious act
of the Town, its agents, employees, suppliers or subcontractors arising out of or in connection with
this Cooperative Agreement.
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b. Neither the Department, nor any person employed by the Department, nor any person engaged by the
Department to perform work under this Agreement, shall be, represent, act as, or be deemed to be, a
representative, employee,principal, or agent of the Town.
F
j ARTICLE X: State Indemnification
a. Subject to the availability of lawful appropriations, and as provided by New York State's Court Of
Claims Act and Section 17 of the New York State Public Officers Law,the Department hereby agrees
to indemnify and hold harmless the Town for any and all causes of action in law or equity, arising
directly from the negligence of the Department or its employees, to the extent attributable to said
negligence, in the use and access of the Premises, for the Purposes as described on the attached form.
b. The duty to indemnify and hold harmless shall be conditioned upon delivery to the Attorney General
by the Town of the original or a copy of any summons,complaint,process,notice,demand or pleading
within five days of receipt.
c. The Department, for and on behalf of its employees, hereby releases the Town from any liability
directly arising from the use and access of the Premises, to the extent said liability is directly
attributable to the negligence of the Department or its employees.
d. Neither the Town, nor any,person employed by such agency,nor any person engaged by such agency
under contract to perform work under this Agreement, shall be, represent, act as, or be deemed to be,
a representative, employee, principal or agent of the Department or the State of New York.
ARTICLE XI.Insurance Considerations
Prior to commencement of any work on Department property, the Town agrees to obtain, or require any
contractors working on their behalf to obtain, insurance in at least the types and amounts detailed in'this
article. For the purposes of this article, Contractor shall mean any entity doing work on Department
property.
The Contractor shall procure, at its sole cost and expense, all insurance required herein.During the term
of the contract and any renewal or extensions thereof, the Contractor shall maintain in force, at its sole
and cost expense, policies of insurance as required herein. All insurance required herein shall be written
by companies that have an A.M. Best Company rating of "A-," Class "VII" or better. In addition,
companies writing insurance intended to comply with the requirements herein should be licensed or
authorized by the New York State Department of Financial Services to issue insurance in the State of New
York.The Department may, in its sole discretion,accept policies of insurance written by a non-authorized
carrier or carriers when certificates and/or other policy documentation are accompanied by a completed
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Excess Lines Association of New York (ELANY) affidavit or other documents demonstrating the
company's strong financial rating.If, during the term of policy,the carrier's A.M.Best rating falls below
"A-," Class "VII," the insurance must be replaced, on or before the renewal date of the policy, with
insurance that meets the requirements above.
The Contractor shall furnish to the Department a certificate or certificates with the appropriate
endorsements showing that it has complied with this Article. The insurance documentation shall provide
that:
• Liability and protective liability insurance policies shall provide primary and non-contributory
coverage to the NYS Department of Environmental Conservation for any claims arising from the
Contractor's Work under this contract, or as a result of the Contractor's activities.
I
• The State of New York,NYS Department of Environmental Conservation, its officers, agents and
employees, 123 Kings Park Blvd, Kings Park, NY 11754 shall be listed as Certificate Holder on
all liability insurance certificate(s), as additional insureds on endorsement(s) and on additional
supporting documentation.
• The policies shall include a waiver of subrogation endorsement in favor of the Department as an
additional insured. The endorsement shall be on ISO Form number CG 24 04 or a similar form
with same modification to the policy.
• Policies shall not be changed or canceled until thirty (30)days prior written notice has been given
to the Department; 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 Department.
• Applicable insurance policy number(s)referenced on the ACORD form must be referenced in the
supporting documentation requested by the Department and supplied by the insurance company
(e.g. endorsement page, declarations page,etc.).
• Worker's Compensation and Disability Benefits certificates shall name the New York State
Department of Environmental Conservation, 123 Kings Park Blvd,Kings Park,NY 11754 as entity
requesting proof of coverage.
• This Contract shall be void and of no effect unless the Contractor procures the required insurance
policies and maintains them until acceptance or completion of the work,whichever event is later.
If at any time during the term of this contract the coverage provisions and limits of the policies
required herein do not meet the provisions and limits set forth in the Contract or proof thereof is
not provided to the Department, the Contractor shall immediately cease Work on the Project. The
Contractor shall not resume Work on the Project until authorized to do so by the Department.Any
delay, time lost, or additional cost incurred as a result of the Contractor not having insurance
required by the Contract or not providing proof of same in a form acceptable to the Department,
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shall not give rise to a delay claim or any other claim against the Department. Should the
Contractor fail to provide or maintain any insurance required by this contract, or_proof thereof is
not provided to the Department, the Department may withhold further contract payments, treat
such failure as a breach or default of this contract, and/or, after providing written notice to the
Contractor, require the Surety "if any" to secure appropriate coverage and/or purchase insurance
complying with the Contract and charge back such purchase to the Contractor.
• Should the Contractor engage a subcontractor, the Contractor shall endeavor to impose the
insurance requirements of this document on the subcontractor, as applicable.The Contractor shall
determine the required insurance types and limits, commensurate with the work of the
Subcontractor and maintain the certificate or certificates and endorsements for all subcontractors
hired as part of the Contractor's records.
I
The following types and amounts of insurance are required for this Contract:
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1. Wo�`le�s''Coiaipensakion:
i
For work to be performed in New York State,the Contractor shall provide and maintain full 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.
If the agreement involves work on or near a shoreline, a U.S. Longshore and Harbor Workers'
Compensation Act and/or Jones Act policy as applicable must be provided. Any waiver of this
requirement must be approved by the Agency and will only be granted in unique or unusual
circumstances.
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 (September 2007, or
most current version)
U-26.3 State Insurance Fund Version of the C-105.2 form
SI42/ Certificate of Workers' Compensation Self Insurance
GSI-105.2
CE-200 Certificate of Attestation 'of Exemption (when Contractor meets the
requirements.)
All,forms are valid for one year from the date the form is signed/stamped, or until policy expiration,
whichever is earlier.
Please note that ACORD forms are NOT acceptable proof of New York State Workers'
Compensation Insurance coverage:
Additional information can be obtained at the Workers' Compensation website:
IitElti:%/�t.xajiv:,�.itc�b.nv.r�:t►v/c.unCc�n'tlmciinlC�iiit�it� +Grp/l:';n��lci �crs;��i
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2. Disability Benefits:
For work to be performed in New York State, the Contractor shall provide and maintain coverage
during the life of this contract for the benefit of such employees as are required to be covered by the
New York State Disability Benefits Law. Any waiver of this requirement must be approved by the
Department of Environmental Conservation and will only be granted in unique or unusual
circumstances.
Evidence of Disability Benefits coverage must be provided on one of the following forms specified
E by the Chairman of the New York State Workers' Compensation Board:
FORM# FORM TITLE
DB-120.1 Certificate of Insurance Coverage under the New York State Disability
Benefits Law
DB-155 Certificate of Disability Self-Insurance
CE-200 Certificate of Attestation of Exemption (when Contractor-meets the
requirements.) _...... ... ...
All forms are valid for one year from the date the form is signed/stamped, or until policy expiration,
whichever is earlier.
Please note that ACORD forms are NOT acceptable proof of New York State Disability Benefits
Insurance coverage.
Additional information can be obtained at the Workers' Compensation website:
http://www.wcb.nv.gov/content/n1ain/C:mployers/Emp gycrs.tsp
3. .=Comn�ercinl Gener::al I:iabilety Insurance:;:
Contractor shall provide and maintain Commercial General Liability Insurance (CGL) covering the
liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising
from all work and operations under this contract. The limits under such policy shall not be less than
the following:
• Each Occurrence limit—$2,000,000
• General Aggregate—$5,000,000
• Products/Completed Operations—$5,000,000
• Personal&Advertising Injury-$1,000,000
• Damage to Rented Premises-$50,000
• Medical Expense-$5,000
Coverage shall include, but not be limited to,the following:
Premises liability
• Independent contractors
• Blanket contractual liability, including tort liability of another assumed in a contract
• Defense and/or indemnification obligations, including obligations assumed under this contract
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• Cross liability for additional insureds
• Products/completed operations for a term of no less than 3 years, commencing upon
acceptance of the work, as required by the contract
The following ISO form must be endorsed to the policy:
a. CG 20.10:.11 85-6r.-an equivalent—Additional Insured-Owner,Lessees or Contractors
(Form B)
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.
4. Business Automobile Liability:_
Contractor shall provide and maintain Business Automobile Liability insurance covering liability
I / arising out of the use of any registered motor'vehicle in connection with the contract, including owned,
leased,hired and non-owned vehicles.Such policy shall have a combined single limit for Bodily Injury
and Property Damage of at least$1,000,000.
If the Contractor does not own, lease or hire any registered motor vehicles or will not be using any
vehicles on State Land proof of Business Automobile Liability Insurance shall not be required for this
Contract. However, Contractor is required to execute Business Automobile Liability Insurance
Attestation.
The Contractor shall assume full responsibility and liability that owners and operators of any registered
motor vehicles entering State Land to conduct work under this contract carry the same Business
Automobile Liability Insurance of the kinds and amounts listed above. NYS Department of
Environmental Conservation reserves the right to request proof of the same.
5. Umbrella and Excess Liability:
When the limits of the CGL, Auto, and/or Employers' Liability policies procured are insufficient to
meet the limits specified, the Contractor shall procure and maintain Commercial Umbrella and/or
Excess Liability policies with limits in excess of the primary;provided,however,that the total amount
of insurance coverage is at least equal to the requirements set forth above. Such policies shall follow
the same form as the primary.
ARTICLE XII: Additional Clauses.
A. Severability
It is expressly agreed that if any tern or provision of the Cooperative Agreement,or the application thereof
to any person or circumstance, shall be held invalid or unenforceable to any extent,the remainder of the
Cooperative Agreement, or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other
term and provision of the Cooperative Agreement shall be valid and shall be enforced to the fullest extent
permitted by law.
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B. Merger; No Oral Changes
It is expressly agreed that the Cooperative Agreement represents the entire agreement of the parties and
that all previous understandings are herein merged in the Contract. No modification of the Cooperative
Agreement shall be valid unless in written form and executed by both parties.
{ C. Governing Law
The Cooperative Agreement shall be governed by and construed in accordance with the laws of the State
s of New York,without regard to conflict of laws.
D. No Waiver
It shall not be construed that any failure or forbearance of the Town to enforce any provision of the
Cooperative Agreement in any particular instance or instances is a waiver of that provision.Such provision
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shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance.
E. No Intended Third Party Beneficiaries
The Cooperative Agreement is entered into solely for the benefit of the Town and the Department. No
third party shall be deemed a beneficiary of the Cooperative Agreement and no third party shall have the
right to make any claim or assert any right under the Contract.
F. Cooperation on Claims
The Parties shall render diligently to each other,without compensation, any and all cooperation that may
be required to defend the other party, its employees and designated representatives against any claim,
demand or action that may be brought against the other party, its employees or designated representatives
arising out of, or in connection with,the Cooperative Agreement.
Article XIII. Publications
Any book,article,report,or other publication related to the Services provided pursuant to this Cooperative
Agreement shall contain the following statement in clear and legible print:
"This publication is fully or partially funded by the Town of Southold and in cooperation with the New
York State Department of Environmental Conservation."
This remainder of this page is intentionally left blank.
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SIGNATURE PAGE
IN WITNESS WHEREOF, this Cooperative Agreement has been duly executed by the parties hereto
and the individuals listed below are authorized to sign and execute this Cooperative Agreement on behalf
of their respective parties on the date appearing below their respective signatures.
TOWN-SIGNATURE DE ARTMENT SIGNATURE
By: By:
"Zi dde-k
S�
Print Name: S ca Print ame:Nan ,Lu si r
Title: Supervisor Title:Director lanag ent&Budget Services
Dated: 101 1b I a*3 Dated: 0 311003 3
Additional Town Signatures and List of Schedules and Exhibits on the following pages
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Additional Town Signatures
Approved:
Town of ahold
By:
Name: Scot Russell
Title: Supervisor
y
Date:
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E
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List of Schedules and Exhibits
Schedule A Land Description
Schedule B Scope of Work
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Schedule.A'-Land Descrilition
Broad Meadows Marsh located in Orient, NY (part of New York State's Long Beach Bay State Tidal
Wetlands Preserve), immediately south of Route 25 and east of Narrow River Road, with central
coordinates of 41.14950278, 72.27694444.
Remainder of this page is intentionally left blank
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Schedule B - Scope of Work
Scope of Work(iV AY 1. 2023 -Dec 3.1,2027)
O.bjc6tiV6: This Cooperative Agreement shall authorize the Town to enter and perform work on the State
lands, as described in the Scope of Work.
The Scope of Work includes the following items, subject to appropriations.
Prepare plans for restoration of tidal wetlands at one Department-owned property at Broad Meadows,with
the Town as the lead for restoration plan development,permitting,construction oversight and monitoring.
For any work undertaken by the Town,the Town shall obtain permits as required,and shall use good faith
i efforts, subject to appropriations, to complete permit-approved restoration design and monitoring plans.
IThe employees and any contractors or subcontractors of the Town who conduct the restoration and
monitoring of state tidal wetlands must abide by rules,regulations and other laws that apply to such State
lands, in particular, 6 NYCRR Part 661.
Dve -view: Subject to appropriations, the Town agrees to manage the design and implementation of the
wetland restoration project for one Department tidal wetland property at Broad Meadows. The Town
agrees to coordinate with the Department's Division of Marine Resources staff and other project partners
and stakeholders to develop an appropriate restoration design for the property. The Town may carry
out/construct permit- approved restoration designs and monitoring at Broad Meadows. The Town shall
make a good faith effort, subject to appropriations,to complete any portion of restoration work which has
been commenced.
This restoration project is being undertaken at the Town's discretion and may be abandoned at any point
prior to commencement of construction activities at Broad Meadow Marsh. However, if/when the Town
commences any construction activity on the site, the Town shall make a good faith effort, subject to
appropriations,to complete restoration work as per the terms and approved plans of the NYSDEC Article
25 Tidal Wetlands Permit.
The 113-acre Broad Meadows Marsh is impounded at its downstream end by an earthen berm
approximately 230 feet long.Portions of this earthen berm were breached during Hurricane Sandy in 2012
and subsequently restored.Downstream of the 230-linear foot earthen berm are the tidal reaches ofNarrow
River featuring intact and high-functioning tidal marshes. The twin culverts within the southern earthen
berm are undersized and restrict tidal flows to the upstream marsh.Due to'the restriction,Broad Meadows
Marsh is currently dominated by the invasive plant Phragmites. Removal of the tidal barrier presented by
the twin culverts will result in ecological recovery of the Phragmites-infested marshes through conversion
to tidal or brackish marsh. Therefore,the Town, in coordination with NYSDEC, plan to replace the twin
culverts with one or more self-regulating tide gates that would increase the typical tidal range within the
marsh but would block higher tides and storm flows that would inundate roads and property.MHHW and
SHW(tide elevations)would be blocked as these inundate adjacent infrastructure.
Post-construction measures will be taken to protect this infrastructure in other ways,allowing the MHHW
and SHW to eventually be allowed into the marsh. Therefore, as sea levels rise, the tide gates can be
managed accordingly, and the adjacent infrastructure will not be impacted.
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The Town will utilize Grant, Town and private funding from Ducks Unlimited to hire design and
construction contractors to replace the existing twin culverts with self-regulating tide gates. Additionally,
the fill generated by installation of self-regulating tide gates and culverts will be used to fill a portion of
the north-south ditch and create a berm that would prevent enhanced tidal flow from flowing towards the
farmlands.A flap gate or low-level weir could be installed to allow the stormwater from the farm to drain
i north into Broad Meadows Marsh. Additional hydrology improvements, native plantings and invasive
species management may also be considered. The development of the engineering plans will build on the
recommendations in the Peconic Estuary Partnership Narrow River Tide Enhancement and Phragmites
Management Conceptual Habitat Restoration Design Report. All work will be conducted in coordination
with the Department.
The Narrow River,NYSDEC's Broad Meadows Marsh and the Town's Whitcom property border the tidal
reach of the Narrow River downstream of the earthen impoundment and are pan of the Orient Harbor
Significant Coastal Fish and Wildlife Habitat. Orient Harbor and its tributaries are of statewide
significance due to the presence of an important commercial shellfishery, habitat provided for
overwintering waterfowl, and estuarine nursery and feeding habitat provided for many fnfsh species.
This project was identified as a"high priority"restoration project in the 2020 Peconic Estuary Partnership
Habitat Restoration Plan.These habitats within coastal NY are under constant threat of development, sea
level rise, and coastal habitat loss and thus protection is necessary to provide critical habitat and mitigate
historical and future landscape threats.
1V diheiffldn 4f Scopc 4f Work-
The Scope of Work may be modified by mutual written agreement of the parties.
Rcstnonsibilii�ics-of.the Town:
Subject to the foregoing portions of this Cooperative Agreement and subject to appropriations,the Town
agrees to undertake the following responsibilities:
The Town will
1. Hire and manage a contractor to develop final design drawings, scope of work and contract
specifications for Broad Meadows;
2. Apply for and obtain appropriate regulatory permits for approval ofrestoration plans including
but not limited to NYSDEC Article 25 Tidal Wetland Permits; and Federal and United States
Army Corps of Engineer permits.
3. Conduct appropriate State Environmental Quality Review Act (N.Y. Environmental
Conservation Law Article S) ("SEQRA") and National Environmental Policy Act, 42 U.S.C.
54321 et seq. (NEPA) reviews related to permit requirements.
4. Submit to Department's primary project contact (identified in Article IV) final approved
restoration and monitoring plans and specifications no less than thirty (30) days prior to the
commencement of construction.
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5. Hire and manage a construction contractor to carry out work as per approved plans and scope
of work, after receipt of appropriate regulatory approvals and written approval of the
Department's primary project contact identified in Article IV.
6. Submit all required reports associated with Federal and State permitting as is required.
F
z 7. When conducting construction, the Town will provide for daily on-site construction
supervision by appropriate staff or a contractor, knowledgeable in the field of wetland
restoration, to direct work activities. This person(s)will be approved by the Department.
8. Notify the Department of the preconstruction and construction meeting schedule within 30
} days prior to the start of restoration work.
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' 9. Implement prec6astruction meetings and, during construction, periodic site and status
meetings including submission to the Department of written meeting minutes to advise project
status, identify problems in the field or necessary project modifications and keep record of
agreed upon actions.
10. Respond to Department requests to modify the approved work associated with this agreement.
11. Complete the restoration as per permit approved drawings.
12. Conduct final construction walk-through and permit compliance meeting with all regulatory
and SEQRA/NEPA involved agencies.
13. Submit construction close out and final compliance approval by all permit/regulatory agencies.
14. Assist the Department with maintenance of the installed tide gates following construction, as
necessary. A separate maintenance agreement may be established between the Town and the
Department.
15.Data collected during this project such as elevation surveys, tidal data, soil data, pre and post
project monitoring data shall be submitted to the Department by January 31"of each year
following data collection. The Town will provide the Department with raw data and data
analysis products such as spatial data,GIS files and results.This data will also become publicly
available.
Responsibilities of the Department:
The Department shall undertake the following responsibilities.
1. Provide access to State Lands, as shown in Schedule A—Land Description, at no cost to the
Town, for the Town and hired contractors to perform the Work.
2. Provide program oversight,coordination and technical review to the Town on restoration plan
development.Attend scheduled preconstruction meetings and progress meetings.
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3. The Department's Division of Marine Resources Technical Contact identified in Article IV
will review and, if appropriate, approve restoration designs in a timely manner.
4. Department staff shall be responsible for post-project monitoring as needed and required by
the permit upon completion of the restoration work and will share such data with the Town.
5. Conduct appropriate permit compliance review of approved plans for closeout of construction.
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