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HomeMy WebLinkAboutGoldsmith's Inlet Sand By-passing RESOLUTION 2007-858 ADOPTED DOC ID: 3289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-858 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2007: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreement #C-006791 between the Town of Southold and New York State Department of State , in connection with the construction and sand-bypassing for Goldsmith’s Inlet Erosion Management, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Town of Southold - Agreement #C006791 Construction and Sand-Bypassing for Goldsmith's Inlet Erosion Management Agreement Information Form On the Face Page, is the Recipient Name and Address correct? YES@ M ~ (~ FL-ufQ)L<: (YIuJ"t-- ( UJ ~ ros{- ~'Cl> bOX w~ r'ili is- ~().6oY (I'll (A/Lr-! .~ z-p ~ cIe (5 ({ 97(-0?.5, @NO If incorrect, please provide the Recipient Name and Address: On the Face Page, is the Federal Tax ill # correct? If incorrect (or missing) please provide the correct Federal Tax ill #: Have any costs shown in Appendix B been incurred and/or any tasks in Appendix 0 began? 00 NO If any costs shown in Appendix B have been incurred and/or any tasks in Appendix 0 have begun, please provide brief description: Appendix B, Item F - Two personnel attended LWRP/Grant Admin. Seminar on 10/2/07 and incurred travel expenses of ~ SOO miles plus tolds and parking. Appendix D, Item 5 - Project Components/Initial Project Scoping Meeting held UIl :1/21/06. Appendix D, Item 2 - see above. App~l&cli]c D, I~em J Csnzult3Rt ocleeted fer EEQRA t Project De~i~n!no_m~~s. Enter proposed start date for contract: Initial Scoping Meeting held on 3/21/06 - Project Note: If any costs have been incurred, the start date must reflect the date you began incurring those costs be gin s 4/1/06 Enter proposed end date for contract: Unab Ie to dete rmine/ s ub j e c t to pe rmi ts by DEC Printed Name of the Supervisor: --;;t~ 5~AT(+ A Date: 1//101 , f Signature of the Supervisor: Ku UG{ ( Please return Complete Agreement Address to NYS Department of State following items (3) signed and notarized signature pages return to: Contract Administration Unit to DOS: Signed Agreement Information Form Altn: Laurissa Parent, Coastal Resources Signed Contract Administration Fonn 41 State Street - 8th Floor Albany, NY 12231-0001 Town of South old - Agreement #C006791 Construction and Sand-Bypassing for Goldsmith's Inlet Erosion Management CONTRACT ADMINISTRATION UPDATE FORM Please update/specify informationfor up to (3) people to receive contract related correspondence from DOS and indicate which person should be the primary correspondence recipient. The primary recipient must be an employee of the Town of South old and will receive original DOS correspondence, with attachments. The other individuals listed will receive copies of DOS transmittal letters, without attachments. NOTE: The Supervisor must be listed on this form, but does not need to be the primary correspondence recipient. o No updates necessary o Please make the following updates: ........................................................................................................................................................................................................................................................................ . . .. ! Honorable Scott A. Russell ! []./ Primary recipient of correspondence from DOS ~ Phone Number: ! i Supervisor i D' Copy this person on correspondence from DOS ~ i i Town of South old i ~ 631-765-1889 i i 53095 Main Road j.......................................................................................................................i........................................................."'j ! PO Box 1179 ! Email Address: ~ Fax Number: ! : Southold, NY 11971- O'lS1 : ~: :.................................................................................L......................~.~?~~:.~~.~.~.~.I~~~.?~.?:.s?~.t~?~.~:.?~:~.~.........................L..............6.~.~.:?~.s.:.t.~.~~.................i !..~~:.;~.~~~..~.~~.;~;..................................r~~~.;~~;;;~~;..~~.~~.~~~~;~~~~~~..~;~~.~~.~......r;~;~~.;;~~~;:............................! j Engineer tJ . If ! 0 Copy this person on correspondence from DOS ~ : i Town of South old ,,0. VoX . ~ 631-765-1560 i 1 ~~~~~o~~~:Otl~71-o'(s1 ('1 f i...~~.~.;;.~~~;~~;.......................................................................................r.~~~..~~~~~;;................................i . . Jamie,Richter@lown.soulhold,ny.us 10'31-1 ~ r olS--! ........................................................................................................................................................................................................................................................................ No person Iisled Jonn Cushman Comptroller Town of Southold P.O. Box 1179 Southo1d, NY ................................................................................~.......................................................................................................................w............................................................. . .. I 0 /" Primary recipient of correspondence from DOS i Phone Number: I i ~ Copy this person on correspondence from DOS I 6 3 1- 7 6 5 - 4 3 3 3 i 1.......................................................................................................................~............................................,...............l ! Email Address: ~ Fax Number: ! 11971-0959 ~! . john.cushman@town.southo1d.ny.us~ 631-765-1366 ! Please list up to (3) individuai., who are authorized to execute amendments and/or sign payment requests for this project: Name: );".o-f-f-- A. ((uSSe.-( I - . -:s 01111 (' .MJA/1f4" Title: Name: <:~V{J GV{ Title Cnro/~ ~:L~A/ Name: Signalnre of lhe Snpervisor: Authorized for: Amendments? ~ents? ~ Amendments? ~ Payments? if Amendments? D Payments? D Dale: It II !o 1 , IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates below their signatures. Contract No. C006791 CONTRACTOR ::wn OfSoutb:~~ )(>~++ A. Ku.t.<:;t:.-{ / . ( STATE AGENCY: Date: (Print Name) SArA () /J e--r (I-{ 01 New York State Department of State By: L~ J ULL ~~ ~~d~ V'-l, \\l(LI/J,' \..-" ::::);U'LVP (PnntName) Title: ?\CL\<LL' (' c;.f t\;\k>v ""') Date: ' ( 1ft, ~ -4( State Agencv Certification "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract. I! Title: ACKNOWLEDGMENT State of New York "- l ) County of )111-/0 (K )ss: On this f5+ day of lJo ()PA 6.v ,200 1before me personally came . 5t ~ 11. KUSJ'2../ '- to me known, who, being by me duly sworn, did depose and say that he/ohplt"S'j'"reside(s) in (~+c_ /,~ l~ (if the place of resident is in a city, include the street and street number, if any, thereof); that he/die/tile;' isfMe1 the )u~.A (}tJ &-1 (title of officer or employee) of the 1OA-J11 0+..)'0 tA-fi"lo!name of munilipal corporation), described in and which executed the above instrument; and that he/she/they signed his/ber/t'*tifFlAH~61ilio~S\Nby authority 0 QUALIFIED IN SUFFOLK COUNTY NOTARY #02C06119838 MY COMMISSION EXPIRES DEC. 6 municipal corporation. ~ \ ATTORNEY GENE Approved: Thomas P. DiNapoli Title: Date: By: State Comptro APPROVE DEPT. OF AUDIT & CONTR~L AN 22 Date: ~,./ ~__tfJ~.-L FOR THE STATE C~MPTR OUet FACE PAGE STATE AGENCY (Name and Address): NYS COMPTROLLER'S #: ORIG. AGENCY CODE: C00679I 19000 NYS Department of State 41 State Street Albany, NY 12231-000 I CONTRACTOR (Name and Address): TYPE OF PROGRAM: Environmental Protection fund Act - 06 LWRP Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 STATE SHARE FUNDING AMOUNT FOR INITIAL PERIOD $400,000 LOCAL SHARE FUNDING AMOUNT FOR INITIAL PERIOD $400,000 FEDERAL TAX IDENTIFICATION NUMBER: 11-6001939 MUNICIPALITY # INITIAL CONTRACT PERIOD: FROM: October 2,2007 TO: October 1, 2010 APPENDICES ATTACHED TO AND'PART OF THIS AGREEMENT APPENDIX A: Standard clauses as required by the Attorney General for all state contracts APPENDIX Al Including Attachments 1, 2, & 3 thereto: Agency-specific clauses APPENDIX B: Budget APPENDIX C: Payment and Reporting Schedule APPENDIX D: Program Workplan APPENDIX X: Modification Agreement Form (to accompany modified appendices for changes in term or consideration on an existing period or for renewal periods) STATE OF NEW YORK AGREEMENT The AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establislunent and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW, THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: 1. Conditions of Agreement A. This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereof. Funding for each subsequent PERIOD, if any, shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all of the marked appendices identified on the face page hereof. D. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, this AGREEMENT may be extended by up to two Contract Periods not to exceed twelve months each. To modifY the AGREEMENT within an existing PERIOD the parties shall revise or complete the appropriate appendix forms(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix AI. E. The CONTRACTOR shall perform all services to the satisfaction of the STATE. The CONTRACTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or program. F. Ifthe CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. < 2 G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. II. Payment and Reoorting A. The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. B. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set forth in Appendix AI. D. Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with terms of the notice. E. Upon receipt of notice of termination, the CONTRACTOR shall cancel, prior to the effective date of any prospective termination, all outstanding obligations, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program( s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answerable in damages for any and all accident and/or injuries to person (including death) or property arising out of or related to the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. 3 V. Propertv Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, rules or regulations, or as stated in Appendix AI. VI. Safeguards for Services and Confidentialitv A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be maintained and used only for the purposes intended under the Agreement and in conformity with applicable provisions of laws and regulations, or specified in Appendix AI. APPENDIX A STANDARD CLAUSES FOR NYS CONTRACTS The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, tithe contract" or "this contractU) agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. [n accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to assign the contract without the State's written consent are null and void. The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5.A of the State Finance Law. 3. COMPTROLLER'S APPROVAL. In accordance with Section I 12 of the State Finance Law (or, if this contract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $50,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office. Comptroller's approval of contracts let by the Office of General Services is required when such contracts exceed $85,000 (State Finance Law Section [63.6.a). 4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless 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 provisions of the Workers' Compensation Law. 5. NON-DISCRIMINATION REOUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor wi II not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that June 2006 neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and payor provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with tbe Labor Law. 7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms tbat, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor's behalf. 8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139.h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 240 I ct seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United, States Commerce Department or any other appropriate agency of the United States subsequ'ent to the contrads execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4). 9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set.off rights in accordance with normal State practices including, in cases of sct.offpursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Complroller. 10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during nonnal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the tlStatute") provided that: (i) the Contractor shall timely infonn an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or future litigation. II. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION. (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services or the lease of real or personal property to a New York State agency must include the payee's identification number, i.e., the seller's or lessor's identification number. The number is either the payee's Federal employer identification number or Federal social security number, or both such numbers when the payee has both such numbers. Failure to include this number or numbers may delay payment. Where the payee does not have such number or numbers, the payee. on its invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRlV ACY NOTIFICATION. (I) The authority to request the above personal infonnation from a seller of goods or services or a lessor ofreal or personal property, and the authority to maintain such infonnation, is found in Section 5 of the State Tax Law. Disclosure of this infonnation by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by "the Commissioner of Taxation and Finance. The infonnation will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal infonnation is requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in New York State's Central Accounting System by the Director of Accounting Operations, Office of the State Comptroller, I 10 State Street, Albany, New York 12236. 12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be perfonned for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $1 00,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of$1 00,000.00 whereby the owner of a State June 2006 A-2 assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: (a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affinnative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of payor other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency,lahor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affinnatively cooperate in the implementation of the contractor's obligations herein; and (c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. Contractor will include the provisions of "a", "b", and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 3 12 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State; or (iii) banking services, insurance policies or the sale of securities. The Slale shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this section. The contracting agency shall detennine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or contlict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Governor's Office of Minority and Women's Business Development pertaining hereto. 13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the tenns of this Appendix A, the tenns of this Appendix A shall control. 14. GOVERNING LAW. This contract shall be governed by the laws of the State of New Yark except where the Federal supremacy c1auserequires otherwise. 15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article Il-A of the State Finance Law to the extent required by law. 16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. 17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS: The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of State Finance Law 9165. (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public benefitcorporation. Qualification for an exemption.under this law will be the responsibility of the contractor to establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of woods, whether supply or installation, is to be penonned by any subcontractor, the prime Contractor wi II indicate and certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications and provisions regarding use of tropical hardwoods as detailed in 9165 State Finance Law. Any such use must meet with the approval of the State; othetWise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of the State. 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992), the Contractor hereby stipulates that the Contractor either (a) has no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in accordance with the MacBride Fair Employment Principles (as described in Section 165 of the New York State Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurementcontrac~. Information on the availability of New Yark State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St n 7th Floor Albany, New York 12245 Telephone: 518-292-5220 Fax: 518-292-5884 http://www.empire.state.ny.lls June 2006 A-3 A directory of certified minority and women-owned business enterprises is available from: NYS Department of Economic Development Division of Minority and Women's Business Development 30 South Pearl St -- 2nd Floor Albany, New York 12245 Telephone: 518-292-5250 Fax: 518-292-5803 http://www.empire.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable, Contractors certify that whenever the total bid amount is greater than $1 million: (a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; (b) The Contractor has complied with the Federal Equal. Opportunity Act of 1972 (PL. 92-261), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of this contract and agrees to cooperate with the State in these efforts. 21. RECIPROCITY AND SANCTIONS PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation, province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory jurisdictions subject to this provision includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic Development for a current list of jurisdictions subject to this provision. 22. PURCHASES OF APP AREL.ln accordance with State Finance Law 162 (4-a), the State shall not purchase any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hours laws and workplace safety laws, and (ii) vendor will supply, with its bid (or, ifnot a bid situation, prior to or at the time of signing a contract with the State), if known, the names and addresses of each subcontractor and a list of all manufacturing plants to be utilized by the bidder. APPENDIX AI Agency-Specific Clauses I. This Agreement has been entered into pursuant to the following understandings: A. Title I I of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. B. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. C. Based upon information, representations and certifications contained in Contractor's application for funding, including the Work Program as set forth in Appendix D, the Department has made a determination of eligibility of funding for Contractor's project under such Act. D. State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program Workplan) are provided pursuant to a reappropriation of funds originally made by Title II of the Environmental Protection Fund Act. E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. F. The 2006 "Request for Applications" required the Applicant to budget for costs associated with training for projects which fall under the following categories: Urban Waterfront Redevelopment, Preparing or Implementing W aterbodylW atershed Management Plans, Making the Most of Your Waterfront, and Completing or Implementing a Local Waterfront Revitalization Program. G. Appendix D, Workplan, states which session(s) and how many employees are to attend said training sessions(s). The Department will notify the Contractor when training session(s) will be held. Prior to the session(s) being held, the Department will advance to the Contractor an amount equal to the cost of the registration fee(s) as defined in Appendix B, Budget. Within two weeks upon receipt of the advance, the Contractor agrees to submit payment for the required registration fee(s) in accordance with the notification letter from the Department. The Contractor agrees to participate in the designated training session(s). H. Failure of the Contractor to transmit the registration fees or attend the training session(s) will result in the withholding of payments in the amount of the advance and could result in this contract being terminated. In no case should the funds allocated for training be used for any other purpose without prior approval of the Department. II. General A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. B. The contract period as set forth on the Face Page is the inclusive period within which the provisions of this Agreement shall be performed. C. No liabilities are to be incurred beyond the termination date and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. D. The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as Appendix A 1- Page 2 set forth on the Face Page, and shall not be responsible for seeking additional appropriations or other sources of funds for the Project. E. The Contractor shall perform all services to the satisfaction of the Department. The Contractor shall provide all services and meet the program objectives described in Appendix D in accordance with: provisions of this Agreement; relevant State, federal and local laws, rules and regnlations, administrative and fiscal gnidelines; where applicable, operating certificates for facilities or licenses for an activity or program, and conditions of applicable pennits, administrative orders and judicial orders. F. The Contractor shall submit with its request for final payment a Final Project Summary Report in the format described in Appendix A I, Attachment I, such forms to be provided Contractor by the Department. G. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with the timetable set forth in the Workplan (Appendix D) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. H. The Department will provide Contractor with a Quarterlv Contractor Report (Appendix AI, Attachment 2) pursuant to the Department's Minority and Women-owned Business Enterprises Program. In the event Contractor utilizes Minority and Women-owned Business Enterprises as discussed in Section XIV in Appendix A I, such report shall be provided to the Department at the address on the Quarterly Contractor Report. I. The Contractor shall submit two copies of a "Project Status Report" (Appendix AI, Attachment 3) on a six month basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. ITI. Additional Requirements for Construction Proi ects A. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. B. The State shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. C. The Contractor shall be responsible for assuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. Appendix AI- Page 3 D. It is the Contractor's responsibility, pursuant to Section 57 of the Workers' Compensation Law, to maintain for State audit and review either proof that they have Workers' Compensation coverage for any employees, or a waiver statement from the New York State Department of Labor. The Contractor must also obtain from any contractor or sub-contractor hired to provide a service pursuant to this Agreement, similar proof or waiver from the contractor or subcontractor, and must maintain such documentation on file for audit. IV. Reports. Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: "This (document, report, map, etc.) was prepared for the New York State Department of State with funds provided under Title II of the Environmental Protection Fund Act." V. License to use and reproduce documents and other works: By acceptance of this Agreement, Contractor transfers to the Department a nonexclusive license to use, reproduce in any medium, and distribute any work prepared for or in connection with the Project, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement. Such warranty shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. VI. Contractors Insurance ReQuirements A. Prior to the commencement of the Work, the Contractor shall file with the Department of State, Division of Coastal Resources, Certificates ofInsurance evidencing compliance with all requirements contained in this Agreement. Such Certificate shall be of form and substance acceptable to the Department. B. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. C. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, 41 State Street, Albany, New York 12231-0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. D. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. E. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. Appendix AI- Page 4 F. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. H. Unless the Contractor self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self-insured, Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. 1. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. a. If such insurance contains an aggregate limit, it shall apply separately to this location. b. Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of Contractors Work. 2. Where the Project described in Appendix D includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total proj ect cost. 3. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. 4. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. 5. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of DOS held in their care, custody and/or control. 6. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. Appendix AI- Page 5 I. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1 million. VII. Property A. Pursuant to the provisions set forth in Section V, page 3 of this Agreement, the ownership of all property described therein shall reside with the Contractor unless otherwise specified in writing by the Department at any time during the term of this Agreement and up to thirty (30) days following the issuance of the final payment. B. Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and lor rights -of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such Project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. VIII. Date/Time Warranty A. Contractor warrants that Product( s) furnished pursuant to this Contract shall, when used in accordance with the Product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific Products must perform as a package or system, this warranty shall apply to the Products as a system. B. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. C. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b) the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. IX. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. A. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. B. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot Appendix AI- Page 6 exceed fees charged for residents at comparable State or local public facilities. C. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. D. This provision does not apply to non-residents' fishing and hunting license fees. X. Alienation Where the Project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: A. The Contractor shall not at any time sell or convey any facility or any portion of the Project acquired or developed pursuant to this Agreement or convert such facility or any portion of the Project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. B. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. XI. Subcontracting Requirements A. The Contractor may subcontract for all or any portion of the activities covered by this Agreement as provided for in Appendix D, subject to prior written approval by the Department of any subcontractor and the terms of any subcontract. Subcontractors shall comply with all applicable requirements of the Agreement between the Contractor and the State. XII. Comoliance with Procurement Requirements A. All contracts by municipalities for professional services, all contracts for construction involving not more than $20,000 and all purchase contracts involving not more than $10,000 are subject to the requirements of General Municipal Law ~ I 04-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to any additional requirements imposed by the State as set forth in Appendix D hereof. B. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law ~ I 03 were followed for all construction contracts involving more than $20,000 and more than $10,000 for purchase contracts. In the case of construction contracts involving not more than $20,000, purchase contracts involving not more than $10,000, and contracts for professional services, the municipal attorney, chieflegal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law ~ 104-b were fully complied with. XIII. Requirements for Contract GIS Products (2/04) A. GENERAL MAP PRODUCT REQUIREMENTS - The following general cartographic requirements must be adhered to by the Contractor: Appendix A1- Page 7 I. Map Products -- The Division requires delivery of digital map products, unless otherwise specified in the Request for Proposal (RFP), that meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. If analog map products are required by the RFP, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. 2. Deliverable Format -- All digital map and attribute table files must be provided in MapInfo Tab file format on Recordable CD or DVD, 3.5" floppy diskette media, external hard drive, via e- mail attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided in ArcInfo/GIS export format (.eOO) or ArcView shape file format on the same media types upon approval of the Division. All other digital formats require prior approval of the Division. Coordination with the Division prior to submission of digital media is required to ensure compatibility of the delivered materials. 3. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11 , 1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure" . 4. Map Accuracy -- Unless otherwise stated in the RFP, all deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At I :24,000, this tolerance translates to a required horizontal accuracy of 40 feet. If by prior agreement with the Division the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS, NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. 5. Datums -- Unless otherwise specified in the RFP, all map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS - The following cartographic construction requirements must be adhered to by the Contractor: I. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. 2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. Appendix AI- Page 8 3. Point Duplication -- No duplication of points that occur within a data string is permitted. 4. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. 5. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. 6. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. 7. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.00 I) of a foot. 8. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better for digital map registration. C. ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS - The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale stipulated in the RFP. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. I. Base Map Mcdia -- All maps must be created on mylar or other stable base material. 2. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Division, all maps should be compiled at I :24,000. If other map scales are approved by the Division, where possible they will conform to standard map scales such as I :9600; 1:50,000; 1:75,000; or I: 100,000. 3. Map Registration -- The maps must provide a minimum of four (4) comer and four (4) interior ticks tied to USGSINYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGSINYSDOT quadrangle control ticks. 4. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. 5. Cartographic Quality -- The quality of all map line work and symbolization must conform to items I - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. D. CONTRACT DATABASE STANDARDS Appendix AI- Page 9 I. Delivery Media - All database and tabular files must be provided on digital media as specified above in Deliverable Format. 2. Software Format - Database and tabular files can be provided in Corel Quattro, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Division. 3. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. Payment and Records Retention A. Payments shall be made as set forth in Appendix C. B. The Contractor shall maintain, at its principal place of business, detailed books and accounting records supported by original documentation relating to the incurring of all expenditures, as well as payments made pursuant to this Agreement. The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the FINAL payment. The Department shall be entitled to disallow any cost or expense, and/or tenninate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and accounting records in a manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Contractor shall maintain separate fiscal books and records for all funds received through the Department pursuant to this Agreement. C. During the term of this Agreement and for a period of six years after its tennination, the Contractor shall make all such books and records available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection and audit. XV. Equal Emplovment Opportunitv The Contractor hereby assures that it is, and shall be for the duration of this Agreement, in compliance with the Federal Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended. XVI. Article 15-A of The New York State Executive Law The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority and women-owned business participation in certain state contracts and grants. Where MWBE goals are required, even in circumstances where this goal is zero, a Quarterlv Contractor Report is required to be submitted to the Minority and Women-owned Business Program of the Department on forms provided by the Departmcnt, as set forth in Appendix AI, Attachment 2. Article 15-A requires that rules and regulations be established for contracts entered into by the Department. In accordance with Article 15-A, goals must be set for contracts entered into by the Appendix AI- Page 10 Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into by the Department in excess of $1 00,000 for acquisition, construction, demolition, replacement, major repair, renovation or improvement of real property. In applying these rules and regulations, the Department must consider the availability of certified minority and women-owned businesses in the region in which the state contract will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and term. The contractor will, when required as a part of the bid or proposal, submit a Staffing Plan on the form provided by the Department. This Plan will detail the work force anticipated in the performance of the state contract, reported by ethnic background, gender, and Federal Occupational Categories. After a bid opening and prior to the award of a state contract, the contractor will submit an Eaual Emplovment Opportunitv (BEO) Policv Statement to the Department within the time frame established by the Department. The law requires that, as a precondition to entering into a valid and binding state contract, the contractor will agree to the following stipulations and will include them in the EEO Policv Statement: · The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status. · The contractor will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, affirmative action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of payor other forms of compensation. · The contractor will make active and conscientious efforts to employ and to utilize minority group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts. · The contractor will state in all solicitations and advertisements for employees that, in the performance of the state contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. · The contractor will, at the request of the Department, request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate because of race, creed, color, national origin, sex, age, disability or marital status, and that such union or representative will affirmatively cooperate in the implementation of the contractor's obligations herein. · The contractor will include the provisions regarding the EEO Policv Statement and the Staffing Plan enumerated above in each and every subcontract of a state contract in such a manner that the subcontractor is bound by these requirements. · Failure to provide an EEO Policv Statement and a Staffing Plan without reasonable written justification or commitment to provide these requirements by a specified date will result in rejection of the contractor's bid or proposal. · After the award of a state contract, the contractor will submit to the Department a Workforce Appendix A 1- Page 11 Emplovment Utilization Report, on the form supplied by the Department, detailing the work force actually utilized on the state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form. This Report will be submitted to the Department on a quarterly basis throughout the life of the contract. · The contractor, and any of its subcontractors, may be required to submit compliance reports relating to their operations and implementation of their affirmative action or equal employment opportunity program in effect as of the date the state contract is executed. Questions regarding this program should be directed to the Department's Minority and Women-owned Business Program by calling (518) 474-5741. Potential contractors can access the NYS Directorv of Certified Minoritv and Women-owned Business Enternrises on-line through the Empire State Development website at: hltp://www.e1l1pire.state.nv.us. double click (left column) on: NY Y BIZ (Doing Business in New York); put the curser over: Small and Growing Business and, from that menu, click on: Minority and Women-Owned Business. From the center column, highlighted in blue, click on the bullet: "Search the Directory of Certified Minority- and Women-Owned Business Enterprises." The Department makes no representation with respect to the availability or capability of any business listed in the Directorv. XVII. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Proj ect. XVIII. Submission of all correspondence and documentation A. The Contractor agrees to provide the Department with original and two copies of all documentation relating to this Project, including, but not limited to: notices of public meetings, products described in Appendix D, and payment request documentation as described in Appendix C. B. All information as described in A. above shall include the NYS Comptroller's # as indicated on the Face Page of this Agreement. XIX. Environmental Review A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, pennit applications, environmental assessments, designs, plans, studies, environmenta] impact statements, findings, and determinations, relating to the Project. B. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. ill no event shall any payments be made under this Agreement until Contractor has provided Department with appropriate documentation that contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. XX. Default and Tennination A. The Department may terminate the Agreement in accordance with the terms and conditions in Section III. B. ill addition to whatever other reserved rights it has to tenninate the Agreement, the Department may tenninate the Agreement when it is in the best interests of the State or (I) for cause, (2) for Appendix A 1- Page 12 convenience, or (3) due to unavailability of funds. C. If the Department detennines the Contractor has breached a term of the Agreement and if the Department detennines the defect can be remedied, it may issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective tennination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as detennined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. D. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. E. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. F. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. XXI. Fullv-Executed Agreement or Amendment Thereto A. If this Agreement, or amendments thereto, allocates funds totaling $15,000 or less, it shall be deemed to be fully executed when approved and signed by the Contractor and the Department. B. If this Agreement, or amendments thereto, allocates funds totaling more than $15,000, it shall be deemed to be fully executed when approved by the Office of the State Comptroller. AI, Attachment I FINAL PROJECT SUMMARY REpORT Final payment ofthe grant is dependent upon the satisfactory completion and acceptance by the Department of State, Division of Coastal Resources of this FINAL PROJECT SUMMARY REpORT along with the re~uisite documentation. In addition to the other requirements of the contract, the grant recipient is responsible to relay the imoortance. the significance and the value of the completed proiect to the community, the re~ion and the state through the completion of the report. The following outline should be used to complete the FINAL PROJECT SUMMARY REpORT: 1. Project Title: 2. Name of Municipality: 3. Actual Project Costs: a. State funds expended (identify source, ego EPF, Clean Water/ Clean Air Bond Act, etc.): b. Local funds expended: c. Other funds expended: 4. Project Manager: Name: Title: Mailing address: Tel. number: Fax number: E-mail address: ( ( ) ) 5. Federal Tax Identification Number: 6. Project Background (briefly explain in a short paragraph why this project was necessary, what its value is and/or its importance to the conununity): 7. Project Work (briefly describe the work that was done to complete the project): 8. Project Descriptions (use the following guidelines to describe the project and please be concise in the description): a. For a Planning Project describe the findings or recommended strategies. b. For a Design Project describe what is to be built. C. For a Construction Project describe what was built. 9. Project Documentation: The Department of State, Division of Coastal Resources requires a visual documentation of the Environmental Protection Fund projects. Project products should be visually documented using a 35mm camera or a digital camera, The 35mm color slides and/or di~ital camera disc should be labeled and dated when submitted along with the completed FINAL PROJECT SUMMARY REpORT. Visuals should illustrate the final project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals that include photographs of volunteers participating in a wetland restoration project (planting Spartina); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, planning, and construction projects call for different visual documentation. Therefore, the following guidelines are suggested: [;J For design projects, visuals of renderings and/or graphics that depict the final product. [!J For planning projects, visuals of any graphics, where appropriate, that illustrate the final product. [!J For construction projects, visuals of work in progress and the finished project. In addition to the 35nun color slides/digital camera disc, a video (vhs fonnat) of the project with a verbal description is desirable but not mandatory. The video may be used in a future documentary. AI, Attachment 2 NYS Department of State . Minority and Women-owned Business Enterprises Program 41 State Street Albany NY 12231-0001 . (518) 474 - 5741 Minority and Women-owned Business Enterprises (MWBE) Program Quarterly Contractor Report INSTRUCTIONS: 1. Please prepare reports based on calendar quarters, or prepare one annual report. 2. Use a separate Report sheet for each contract or program area 3. Record the amount paid for each service/product for the time period identified below. 4. Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address. REPORT PERIOD Report should cover a calendar quarter OR the program year. FROM: TO: Enter the inclusive dates of the quarter or for the program year. '" '" '" CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER CONTRACTOR ADDRESS Service Area of Contract Work ( ) NAME and TITLE of CONTACT PERSON (Please Print) TELEPHONE NUMBER TYPE of DESCRIPTION of AMOUNT PAID VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS o MBE $ o WBE o MBE o WBE o MBE o WBE o MBE o WBE o MBE o WBE o MBE DWBE o MBE DWBE o MBE DWBE o MBE o WBE PAGE 1 of Al - Attachment 3 Project Status Form RECIPIENT PROJECT TITLE CONTRACT # Status Report Date: Task # Brief Task Description Air Date of Completion Percent of Completion Task Accomplishments Product Submitted to DOS ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/scbedule, reason(s) for tbe proposed adjustment(s), and any otber problems encountered durin!! tbis reportin!! period: Person to contact if we have questions about the information provided on this form: Name: Email Address: Title: Affiliation: Phone: Fax: Appendix B BUDGET SUMMARY A. Salaries & Wages (including Fringe Benefits) B. Travel C. SupplieslMaterials D. Equipment E. Contractual Services F. Other $0.00 $1,625.00 $0.00 $0.00 $797,500.00 $875.00 TOTAL PROJECT COST $800,000.00 Total State Funds (50% of Total) $400,000.00 Total Local Share (50% of Total) $400,000.00 8.2 Appendix B (Budget Detail Sheet) A. SALARIES & WAGES TITLE ANNUAL AMOUNT SALARY CHARGED TO THIS PROJECT SUBTOTAL $0.00 B. TRAVEL Travel costs to DCR training sessions SUBTOTAL $ 1,625.00 C. SUPPLIES/MATERIALS SUBTOTAL $0.00 II D. EQUIPMENT II SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Consultant services to prepare project design, permit applications, construction management, project surveying and monitoring, purchase of project materials, and construction SUBTOTAL $797,500.00 F. OTHER Training. staffperson(s) to the following training sessions (Registration fee $125 per person per session): One staff person at 1.5, SEQR (I session) Two people at L.I, Grants Administration (I session) Two people at L-12, Using the Adopted LWRP (2 sessions) SUBTOTAL $875.00 APPENDIX C Payment and Reporting Schedule L Pavment Schedule A. The Department shall make interim advances to the Contractor for registration fees as described in Appendix Al-IG. B. The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90% of the State Share Funding Amount. The final payment will be made upon satisfactory completion of the Project. C. Not more frequently than once every 30 days, a properly executed payment request, on forms as prescribed by the Department documenting total project costs incurred to date, may be submitted. 1. Payment provided above shall be made to the Contractor upon the submission by the Contractor of properly executed payment request. Such request shall contain the following: (I) "Summary Sheet Documentation Forms" as provided by the Department, for reimbursement of actual and eligible expenditures, (2) the required work products, and (3) a properly executed State Voucher. 2. Payment requests will be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable proj ect costs may be reduced if the percentage of task completion is deemed insufficient. 3. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Share and Local Share costs in the same proportions as Total State Share is to Total Local Share as set forth on the Face Page. - 4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. above, less outstanding advance payments. 5. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenting all project costs incurred and tasks completed and submission of the Final Project Summary Report. Such final payment request shall be submitted within 60 days following the ending date of this Agreement. II. Reporting A. Payment requests as described in LB. above shall be certified by a duly authorized representative of the Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and services received from other sources. C-2 B. Notwithstanding the above requirements, upon written notification by the Department, the Contractor may be required to submit source documentation and additional verification of allowable expenditures. C. Payment requests shall be submitted to: New York State Department of State Contract Administration Unit - L WRP 41 State Street - 10th Floor Albany, New York, 12231-0001 D. Claimed expenditures per cost category may not exceed the amounts indicated in the Budget, Appendix B, by ten percent (10%) without approval of the Department, provided that the Total Project Cost as set forth in Appendix B, Budget Summary is not exceeded. Any expenditure in excess of such 10% or that changes the State Share or Local Share funding amount shall require an amendment to the Project Budget submitted in writing by the Contractor and approved by the Department. No expenditures shall be allowed for items not set forth in the Project Budget without written approval of the Department. III. Other A. Notwithstanding the submission of timely and properly executed payment requests, the Department shall be under no obligation to make payment for expenditures incurred without the prior Department approvals and/or amendments required under this Agreement and, further, shall have the right to withhold any such payment pending the execution of such approval and/or amendment. B. Interest income earned on funds received pursuant to this Agreement shall be used to further the purpose of this Project or shall be deducted from total eligible cost to determine the net eligible costs to be reimbursed by the Department. C. The Department shall have the right to conduct on-site progress assessments and reviews of the Project and Contractor's books and records during the life of this Agreement and for a reasonable time following issuance of the FINAL payment. The Contractor shall furnish proper facilities, where necessary or useful, for such access and inspection. D. The Department shall be entitled to disallow any cost or expense, or terminate or suspend this Agreement, if found that the Contractor has misrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. E. The Contractor shall maintain separate fiscal books and records for all funds received through the Department and project activities conducted pursuant to this Agreement, and shall make all such books and records available to the Department, the Office of the State Comptroller, or their designated representatives for inspection and audit for a period of six years following termination of this Agreement. APPENDIX D WORK PROGRAM Contractor: Program Contact Person: Phone: (Office) (Fax) Town of Southold James Richter (631) 765-1560 (631) 765-9015 Construction and Sand-Bypassing for Goldsmith's Inlet Erosion Management 1. Proiect Description The Town of Southold (the Contractor) will shorten and reconstruct a stone jetty at Goldsmith's Inlet, along with other modifications of the inlet, beach and nearshore area in the vicinity of the inlet. The purposes of the project are to restore longshore sediment transport, reduce the frequency of inlet maintenance dredging and stabilize the deteriorating jetty structure, while maintaining storm protection and protecting natural resources. Excavated sand from the inlet and shortened fillet west of the jetty, in excess ofthat required for jetty reconstruction and dune construction, will be bypassed to downdrift beaches to restore natural sediment transport and reduce erosion. Specific project objectives are: . Shorten Goldsmith's Inlet stone jetty by approximately 33% (120 feet). Reconstruct jetty seaward end with double armor stone. Conduct sand bypassing of the excess sediment from the jetty fillet. Construct a secondary dune system with beach grass planting on the west side of the inlet. Conduct sand by-passing and/or excavation of sediment accumulated in the inlet and adjacent to the east side of the jetty. . Construct a temporary bridge across the inlet for project access. Reconstruct and/or replace an existing stone rip rap revetment adjacent to the town road and parking area. Re-vegetate and/or restore plantings as appropriate throughout the project site. . Monitor proj ect performance. The proposed project is the result of a series of studies on erosion issues at Goldsmiths Inlet and resulting design and modeling produced by the Contractor under previous EPF awards. The Contractor shall assemble background information available from previous reports prepared under the Contractor's direction that will assist a consultant in preparing proj ect documents. 2. Proiect Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Division of Coastal Resources to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State Division of Coastal Resources with funds provided under Title I I of the Environmental Protection Fund." D-2 The Contractor shall erect on the site a sign indicating the source of the grant, as stated in Appendix A-I, Section ill A of this contract. The contributions of the Division of Coastal Resources must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Division of Coastal Resources for review and approval prior to release to ensure appropriate attribution. The Contractor must submit to the Division of Coastal Resources three copies of all written reports and supporting graphics, final design documents, and other printed materials. 3. Compliance with Procurement Relluirements The municipal attorney, chief legal officer, or financial administrator for the Contractor shall certify to the Division of Coastal Resources that applicable public bidding procedures of General Municipal Law 9103 were followed for all construction contracts involving more than $20,000 and more than $10,000 for purchase contracts. In the case of construction contracts involving not more than $20,000, purchase contracts involving not more than $10,000, and contracts for professional services, the municipal attorney, chief legal officer, or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law 91 04-b were fully complied with. 4. Traininl! A required component of the Title II Environmental Protection Fund program is Contractor participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix AI-I). The purpose of these training sessions is to build knowledge and provide support to community leaders to advance revitalization efforts and advance grant priorities. The Division of Coastal Resources has determined that the Contractor will attend the following training sessions: One staff person at: 1-5, SEQR Two staff people at: L-I, Grants Administration L-12, Using the Adopted LWRP The Division of Coastal Resources will issue advance payment(s) for registration fee(s) to the Contractor, who will issue payment for registration fee(s) in accordance with the notification letter(s) from the Department. 5. Proiect Components Task I: Initial Project Scoping Meeting The Contractor, the Division of Coastal Resources (DCR), project partners and any other appropriate entities shall hold an initial meeting to review the project scope, project requirements, roles and responsibilities of project partners, the selection process for procuring consultant services for the project, State Environmental Quality Review Act (SEQRA) compliance D-3 requirements, the number of public meetings and techniques for public involvement proposed for the project, and any other information which would assist in project completion. The Contractor shall assemble background information available from previous reports prepared under the Contractor's direction that will assist a consultant in preparing project documents. In addition, the composition of a project advisory committee shall be discussed during initial project scoping. The Contractor, or a designated project partner, shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to OCR approval of the proposed approach as outlined in the meeting summary. Products: Scoping meeting with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Community Training The Contractor will participate in the Community Training Program as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: Request for Proposals/Consultant Selection The Contractor shall obtain consultant services to manage the project and prepare construction plans and permit applications through a Request for Proposals (RFP) or through the services of a consultant already under contract with the Contractor and pursuant to its procurement policy. If the Contractor opts to use an RFP to select a consultant, the RFP shall include a complete project description with site conditions, expected final results, a schedule for completion and criteria for selecting a preferred proposal. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. The Contractor shall submit the draft RFP to OCR for review and approval prior to release for solicitation of proposals. In consultation with OCR the Contractor shall designate an appropriate RFP Review Committee to assess the proposals submitted and rank preferred consultants. The Contractor shall select a consultant consistent with guidance from OCR. The Contractor shall require the consultant to review the previous reports prepared under the Contractor's direction and the U,S. Army Corps of Engineers report EROC/CHL TR-05-2, D-4 Geomorphic Analvsis of Mattituck Inlet and Goldsmith Inlet, Long Island. New York, as a reference source for background on the project. In addition, the Contractor shall require the consultant to provide the services of a professional engineer or licensed architect for preparation/certification of final designs and construction documents and for supervision of construction. The Contractor's procurement record is subj ect to OCR review and consultant selection is subj ect to OCR approval. Following selection of a consultant the Contractor shall provide OCR with the name and business address of the selected consultant, the name and telephone number of the consultant point of contact for the project and the names and project responsibilities of consultant staff involved in the project. Products: Approved RFP advertised, proposals reviewed, consultant selected and approved, Task 4: Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility/expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the draft subcontract( s) to OCR for review and approval, and shall incorporate OCR's comments in the final subcontract(s). A copy of the final, executed subcontract(s) shall be submitted to OCR. Products: Oraft and final, executed consultant subcontract(s). Task 5: Second Proj ect Scoping Meeting In consultation with OCR, the Contractor shall determine whether a Second Project Scoping Meeting with the consultant(s) and other project interests is appropriate based on information developed by the consultant, changing site conditions, or information derived from the environmental quality review process. The Contractor shall provide the Consultant with copies of reports available from previous studies of the project area by the Contractor. If the Contractor and OCR determine a second Project Scoping Meeting is necessary, an appropriate date, time and location shall be identified to exchange information necessary to advance the proj ect and set a project completion schedule. After the Second Project Scoping Meeting, the Contractor or their consultant(s) shall prepare and distribute a brief summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to OCR approval of the proposed approach as outlined in the summary. Products: Second Project Scoping Meeting with appropriate parties held, if necessary. Written meeting summary outlining agreements/understandings reached. Task 6: Pre-Project Survey Prior to preparation of project design plans, the Contractor shall direct the Consultant(s) to obtain a site survey describing the construction locale, state of the beach updrift and downdrift of the D-5 jetty and Goldsmith inlet. The survey shall encompass the entire project area including all construction, plant restoration and sediment placement sites, the height and extent of all dune formations, beach volume above 0.0 feet NGVD and beach profile surveys extending across all significant topographic features to at least the depth of the low water step. All project related construction, excavation, sediment placement and planting sites shall be identified. A planimetric contour map with vertical intervals no greater than 0.5 feet, beach profile surveys and a planimetric map of beach and inlet features and plants shall be produced. All data collected for the Pre-Project Survey shall be in accordance with Work Program Attachment I, Monitoring Program Specifications. The Pre-Project Survey shall include, at a minimum, identification and mapping of the following: Site survey showing extent of project boundary Ownership/grant/lease status of all lands to be incorporated into the design Manmade structures, buildings, or facilities on or adjacent to the site Above and below ground infrastructure Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian, bicycle, etc.) that serve or are located near the site Adjacent land and water uses Historic and archeological resources Soil and core sampling (as recommended by the project consultant(s)) to identify design and construction conditions Topography and hydrology Natural resources, including location of significant vegetation Zoning and other applicable designations Analysis of site constraints, needs and opportunities The results of the Pre-Project Survey shall be compiled into a report. Two copies of the Pre- Project Survey Report shall be submitted to OCR. Products: Map(s) and report describing the results of the Pre-Project Survey and any other appropriate information identified during project scoping. Task 7: Recommended Schematic Design and Feasibility Report Based upon the schematic designs contained in the application for funding assistance for this project, the project description in this contract agreement and the results of the pre-project survey, the Contractor or its consultant( s) shall prepare a Recommended Schematic Design for the proj ect. The Recommended Schematic Design shall include a Feasibility Report demonstrating how the proposed work will accomplish all project objectives including mitigating shoreline erosion and meeting other Town needs for protection and maintenance of Goldsmith Pond and inlet. A copy of the Recommended Schematic Design and Feasibility Report shall be submitted to the OCR for review and approval. Products: Recommended Schematic Design and Feasibility Report D-6 Task 8: Public Meeting and Final Schematic Design In consultation with the OCR, a public information meeting shall be conducted to solicit public input on the Recommended Schematic Design to assist in preparing a Final Schematic Design. Based on comments and any additional information received, the Contractor may recommend changes or modifications to the Recommended Schematic Design. Any proposed changes shall be submitted to the DCR for review and approval prior to incorporation in the Final Schematic Design. A written summary of public input from the meeting, Contractor proposed design changes, if any, and DCR approved Final Schematic Design shall be prepared and provided to the DCR. Products: Public meeting held. Proposed Schematic Design modifications submitted to OCR. OCR approved modifications, if any, incorporated in the Final Schematic Design. Summary of meeting, recommended changes (if any) and OCR approved Final Schematic Design prepared and submitted to the OCR. Task 9: Monitoring Program The Contractor shall develop and adopt a five-year Monitoring Program appropriate to measure the success of project objectives. The Monitoring Program shall include one post-construction survey plus regular follow up surveys on at least an annual basis. Observations under the Monitoring Program shall include site morphology, sedimentation pattems, plantings and photo- documentation sufficient to describe and report morphological change and design performance over time. The monitoring program shall measure and report the following: . evolution of post-construction beach volume . dune volume and height realignment of the updrift and downdrift shorelines inlet cross section and horizonal alignment in the vicinity of project work movement of bypassed sand and . distribution and health of project plantings. Data collected under the Monitoring Program shall meet or exceed the specifications in Attachment 1 - Monitoring Program Specifications of this Work Program. The Contractor shall prepare a plan and schedule to complete the Monitoring Program, including retention of satisfactory services to carry out the survey and reporting required under this agreement, and submit them to OCR for review and approval. The Contractor shall submit the proposed monitoring program to the OCR for review prior to adoption. DCR approval of the monitoring program is a required element of contract fulfillment under this grant award. The Contractor or its consultant shall assess compliance with the project design and target vegetation survival at the close of the first growing season one year subsequent to completion of project construction. Products: OCR approved Monitoring Program. Task 10: Construction Requirement Analysis The Contractor or their consultant(s) shall prepare an analysis of all federal, state and local permit and approval requirements for the selected schematic design and a description of how those 0-7 requirements will be satisfied by the final design. This analysis shall be submitted to appropriate project partners and the OCR for review. At the determination of the Contractor, based on communications with the OCR, the consultant, and the regulating agencies, a pre-permit application meeting may be held to discuss the project and any conditions necessary to obtain approvals. If a pre-permit application meeting is held, guidance from regulators shall be addressed in the construction requirement analysis prepared by the Contractor. Work on final design shall not proceed prior to appropriate pre-permit application consultations and OCR approval of the construction requirement analysis. Products: Pre-permitting meeting with identified regulators if appropriate. Written construction requirement analysis. Task II: Environmental Quality Review The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State Environmental Quality Review Act (SEQRA) through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) shall be prepared. Products: SEQRA documents and, if necessary, a DEIS and FEIS. Task 12: Final Design and Construction Documents The Contractor shall direct the consultant(s) to prepare final design and construction documents, including plans, specifications and cost estimates, based on the Preferred Schematic Design. The final design and construction documents shall also consider the following: Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in-water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide Significance, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. . Additional information obtained by'the consultant, the Contractor or OCR, or through the environmental quality review process. Contingency plans or potential project modifications, if appropriate, to address success of project plantings or performance of other project components. The contractor shall direct the consultant(s) to submit draft final construction documents to the OCR, including all required drawings, maps, tables, data, written discussions and other information identified in the course ofthe work and during project scoping. At least two weeks time shall be allowed for OCR to review the Draft Final Design. OCR comments must be addressed to the satisfaction of the OCR in subsequent revisions of the products and preparation of final design documents. Final design and construction documents must be certified by a New York licensed professional engineer or registered architect as satisfying all applicable laws and regulations. Two copies of the certified Final Design Documents shall be submitted to the OCR. Products: Certified Final Design and Construction Documents prepared and submitted to OCR. D-8 Task 13: Permits After the Final Oesign and Construction Documents have been received and approved by the DCR, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and obtain the required permits or approvals. The Contractor or their consultant(s) shall contact all agencies with permit or approval authority for the project and determine whether a pre-application meeting would be advisable to discuss the applications for approval. If a pre- application meeting is necessary, the Contractor shall arrange the meeting at a time and location convenient for the OCR. Prior to filing permit and approval applications, the Contractor or its consultant( s) shall submit all applications to the OCR for review and comment. Potential permitting and approval agencies include but are not limited to: federal agencies such as the United States Army Corps of Engineers; . the OCR, pursuant to the consistency provisions of the federal Coastal Zone Management Act; . other New York State agencies such as the Oepartment of Environmental Conservation; the Office of General Services pursuant to the Public Lands Law in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and agencies of a county, city, town, village, or special purpose district, including but not limited to: town boards, boards of trustees, or city councils; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor or its consultant(s) shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to OCR upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 14: Bid Process and Selection of Construction Subcontractor After the final desi!,'11 and construction documents have been approved by the OCR, the Contractor or its consultant(s) shall prepare and distribute a bid invitation to identify a construction subcontractor(s). Prior to distributing the bid invitation, the Contractor or its consultant(s) shall submit the bid invitation to the OCR for review and comment. The Contractor or its consultant(s) shall select the construction subcontractor(s) from the bid respondents and shall prepare a draft contract or contract( s) to conduct the work with the selected D-9 construction subcontractor(s). The contract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to proj ect milestones) and a total proj ect cost. The Contractor must certify to the DCR that applicable public bidding procedures of Section 103 of the General Municipal Law were followed for the selection of all construction or other subcontractors. The Contractor shall submit the draft construction subcontract(s) to DCR for review and approval and shall incorporate DCR's comments in the final subcontract(s). A copy ofthe final, executed subcontract(s) shall be submitted to DCR. Products: Executed construction subcontract(s). Written certification of procurement procedures. Task 15: Construction After receipt of all necessary permits and full execution of the construction subcontract(s) the Contractor or its construction subcontractor(s) may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s) shall notify DCR monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic payment requests to the DCR tied to project milestones identified in the construction contract(s) or during project scoping. After 90% of the work is completed, the progress notification will include a "punch list" of any incomplete items and an estimated schedule for project completion. Products: Project construction including written work progress reports, "punch lists" and construction completion schedules. Task 16: Site Inspections The Contractor and/or their consultant(s) shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to DCR written summaries of progress and identification of problems to be addressed based on periodic site inspections. The DCR may arrange to participate in site inspections at their option. Products: Periodic site visits. Written summary of progress and identification of problems to be addressed. Task 17: Post-Project Survey Within 30 days following construction and site restoration, the Contractor shall perform a site survey describing the construction locale and state of the beach updrift and downdrift of Goldsmith inlet. The Post-Project Survey shall be conducted in accordance with the Monitoring Program Specifications contained in Attachment I of this work program. The survey shall encompass the entire project area and shall describe all plantings and construction, the location and extent of all dune formations and the location and conditions of Goldsmith Inlet. At the discretion of the Contractor the Post-Project Survey may include preparation of As-Built Plans, as required in the following task. A report shall be produced describing the results of the survey. Copies of the post-project survey products shall be submitted to the DCR. Products: Post-project site survey and products submitted. 0-10 Task 18: Completion of Construction Following completion of construction, the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s), the final design and construction documents, and all pennit requirements. Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall submit three copies of As-Built Plans to the DCR. The As-Built Plans shall document the actual construction, the extent of modifications to the project landscape, including plant removals and replantings, noting any deviations from the final project design documents. The completion statement and As-Built Plans must be certified by a licensed professional engineer, architect or landscape architect. Preparation of As-Built Plans may be combined with Post-Project Survey, above, if feasible. When the Contractor is satisfied work is complete they shall submit a final project report including the completion statement, As-Built Plans and photo-documentation in the form of digital images of the site, prior to, during, and following completion of work, to the DCR,. The Contractor shall not pay their consultant(s) or subcontractor(s) in full and shall not submit a final payment request to DCR until DCR concurs that the work is complete. Products: Statement of completion, certified As-Built Plans and final project report including photo-documentation to DCR. Task 19: First Fall Monitoring Program Survey In accordance with the Monitoring Program Specifications provided in Attachment 1 of this Work Program, and the DCR approved Monitoring Program, the Contractor shall proceed with the Fall Monitoring Program Survey of the project area during the first Fall season at least one year, but less than two years, following project construction. The Contractor or their consultant shall prepare and submit a report documenting relevant monitoring data and analyzing project success to the DCR for review. Demonstration of compliance with project objectives, including 85% target vegetation survival, at a minimum, shall be required to fulfill contract obligations under this grant award. If the success ofplantings is less than 85% or other project performance is unsatisfactory, the Contractor shall notify DCR and prepare to carry out a second Fall Monitoring Program Survey one year after the first survey. The Contractor shall recommend project modifications or implementation of contingency plans as necessary to achieve design objectives and shall forward them to DCR for review and approval prior to implementation. The Contractor shall implement DCR approved contingency plans and/or project modifications and provide notice of completion to DCR by letter. Products: Fall Monitoring Survey report submitted to DCR. If necessary to achieve design objectives, Contractor recommendations for project modifications or implementation of contingency plans submitted to OCR. Project modifications or contingency plans as approved by DCR implemented by Contractor as necessary. Notice of completion of project modifications to DCR. Task 20: Second Fall Monitoring Program Survey If project modifications or implementation of contingency plans are necessary as determined by the First Fall Monitoring Program Survey, tbe Contractor shall carry out a second Fall Monitoring 0-11 Program Survey one year after the first and following such modifications or contingency implementation. Results of the Second Fall Monitoring Program Survey shall be compiled in a report with copies submitted to OCR. If plantings are successful and project performance is satisfactory following the first installation, no modifications are necessary and the Second Fall Monitoring Program Survey and report to OCR are not required under this contract. The OCR recommends completion of the full five year Monitoring Program by the Contractor to document satisfactory performance. Products: Second Fall Monitoring Survey report submitted to OCR, if required. Task 21: Semi-annual Reporting The Contractor or its consultant(s) shall submit semi-annual reports (every six months) to the OCR on the form provided, including a description of the work accomplished, any problems encountered, any change in project schedule and any assistance needed. The report may be submitted as part of a payment request. Products: Semi-annual reports during the life of the contract. Task 22: Measurable Results The Contractor or its consultant(s) shall work with the OCR project manager to complete the Measurable Results Form. Final payment shall not be authorized until the Measurable Results Form has been completed and filed with project deliverables. Products: Completed Measurable Results Form. 6. Proiect Mana!!ement Responsibilities The Contractor shall administer the grant, execute a contract with OCR, and ensure the completion of work in accordance with the approved Work Plan. Unless otherwise specified in the Project Description or under Project Components, the Contractor and/or its approved consultant(s) or subcontractor(s) shall conduct all work as described in the component tasks. For this project, the primary contact for the Contractor is Mr. James Richter, R.A., Office of the Engineer, Town of Southold, or his/her representative or successor. The Contractor: will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the OCR. will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and subconsultants. will certify to the OCR that the procurement record for proj ect consultants and subcontractors complies with the applicable provisions of General Municipal Law. will receive approval from the OCR for any and all consultant(s) subcontracts before beginning proj ect work. will be responsible for submission of all products and payment requests. will be responsible for coordinating participation and soliciting comments from local government personnel, project volunteers, and the public. will keep the OCR informed of all important meetings for the duration of this contract. D-12 will receive approval from the DCR before purchase of any equipment. will secure all necessary permits and perform all required environmental reviews. will ensure that all materials printed, constructed, and/or produced reflect the Division of Coastal Resources logo, feature the Secretary of State and the Governor, and acknowledge the contributions of the Division to the project. will ensure that all products prepared as a part of this agreement shall include the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement. will ensure the project objectives are being achieved. will ensure that comments received from the DCR and the proj ect advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the DCR will not be reimbursed unless and until the DCR finds the work or products to be acceptable. will participate, if requested by DCR, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The Division of Coastal Resources: will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). will participate in initial project scoping and attend meetings that are important to the project. will review all draft and final products and provide comments as necessary to meet the objectives. must approve any and all design, site plan, and preconstruction documents before construction may begin. D.13 Appendix D - Attachment 1 Monitoring Program Specifications The objective of project monitoring is to demonstrate the success of the project and allow modification of the project design or implementation of contingency plans if required. Survey parameters shall include (but not be limited to) beach, dune and inlet morphology, beach and dune volume above 0.0 NGVD, relevant inventory, sampling, and assessment of vegetation; presence and use of site by fauna; substrate characteristics; and applicable hydrologic parameters. The first post-construction Monitoring Program Survey shall be completed within one month following project construction. Subsequent site surveys shall be scheduled at annual intervals in the Fall, with the first Fall survey occurring at least one year, but less than two years, following completion of construction. Fall surveys shall be scheduled between the dates of August 31 and November 1. The object ofthe Fall survey is to record project conditions at maximum beach volume prior to the winter storm season. The Contractor may incorporate additional surveys into the monitoring program as desired, recognizing that site conditions may differ substantially at other times of the year. I. Survey Data Standards I. Beach Profile Survevs ("profiles") shall be conducted in accordance with the following standards: a. Shore perpendicular beach profile surveys shall be collected to describe the shape of the beach and dune at documented locations. Profile locations shall match the origin, horizontal geographic location and azimuth of previously measured profiles appearing in the report "Shoreline Monitoring, Southold Town Line to Horton Point", dated March 1998, wherever possible. Profiles for the current project must extend further landward or seaward than the 1998 profiles if necessary to capture the topographic and hydrographic features present. A copy of the report, by Offshore and Coastal Technologies, Inc. - East Coast ("OCTI"), may be obtained from the Contractor. b. Profiles shall be spaced along the beach beginning at least 500 feet west of the westerrunost extent of project construction, thence spaced evenly apart at 500 foot intervals eastward to Goldsmith Inlet, with the profile nearest the inlet approximately 100 feet west of the jetty coinciding with the complimentary profile from the OCT! report. On the east side of the inlet a profile origin shall be established approximately 100 feet east of the inlet (coinciding with the complimentary profile from the 1998 OCTI report), thence spaced evenly apart at 500 foot intervals eastward to at least 500 feet east of the easterrunost extent of sand deposited by the proj ect bypassing. c. A sufficient number of data points shall be recorded along each profile line to ensure adequate description of all topographic and hydrographic features and slope breaks, including dunes, swales, beach berms, foreshore slope, and low water step. Where no slope breaks occur between adjacent data points a maximum difference in elevation of 1.0 ft. shall be allowed, except at structures or near vertical scarps where a greater vertical interval is allowed. The maximum allowable horizontal distance along each profile between data points shall be 25 feet or at the occurrence of a break in slope, whichever is less. The product shall be continuous profile lines representing the beach/ocean bottom surface, with origin on land and extending in geographic sequence into the water. The graphic representation of prot1les shall be oriented with the origin to the left. 0-14 d, Profiles shall be surveyed in continuous lines from the origin to the seaward end, The new profile surveys shall be carried out on the azimuth and along the line of the previous OCT! surveys, If for any reason a pre-existing profile origin station from the OCT! report does not provide a suitable starting point for a survey, the surveyor shall initiate the new survey from a point at least ten feet landward of the pre-existing origin and displaced east or west of the pre-existing aligmnent by the minimum amount necessary to effectively carry out the work, Data shall be reported in the same sequence as collected and differences in horizontal position from the corresponding 1998 OCT! profile shall be noted in the project report, e, Elevations shall be referenced to the North American Vertical Datum 1988 (NA VD88) and surveyed to the nearest 0, I feet. f. Horizontal positions shall be referenced to the New York State Plane Grid, Long Island Lambert, North American Datum 1983 (NAD83), in feet. g, Profile azimuth shall be measured clockwise from True North, h, Cross-shore position shall be recorded in distance (ft,) from the origin, Field Checks with Previous Profiles and Quality Assurance, 1. The survey contractor shall obtain previous profile survey data from the OCT! report for each profile line where the previous and current surveys are coincident. The contractor shall compare new profile surveys with those collected by OCTI using BMAP (Beach Morphological Analysis Package) software from the USACE, or similar software, and viewing the.OCTI and current survey data simultaneously, The data comparison shall include both plan and profile views and shall be carried out within 48 hours of the time each profile is surveyed by the Contractor. The following parameters shall be compared: 1. Profile origin, Profile origins shall be at the OCT! origin location and any data differences in vertical or horizontal position shall be reported, If the current survey is unable to occupy the pre-existing origin and a new location is selected, the new survey shall be compared to previous surveys to confirm the general shape ofthe profile and a rational explanation shall be reported for the change in origin (project construction, erosion, storm damage, etc,), 11. Anomalous data points, Profiles shall be checked for obviously anomalous data points, such as holes or spikes, and corrected, iii, Structures occurring within the profile, Any hard structures within the profile, such as bulkheads, outfall pipes, etc" shall be reported, The horizontal and vertical location of such structures should be coincident between surveys and differences shall be reported along with a viable explanation for the difference (OCT! survey error, erosion, displacement, new construction, etc,) Significant (morc than a few inches) discrepancies in the position of hard structures shall be re-checked, IV, Horizontal alignment with previously surveyed profiles and adherence to profile azimuth. D-15 v. General agreement between the OCT! surveys and the current surveys in the shape of the profiles. New surveys shall generally agree with previous surveys in slope and at stable features (built structures, vegetated dunes, boulders, etc.) within expected change due to seasonal variation, storm events and beach construction. VI. Ifthere are any unexplained discrepancies in the above parameters which might be due to survey error, the profile shall be re-surveyed within 72 hours of the time of the first survey. Known reasons for discrepancies, such as recent construction, dredging or storm activity shall be documented in reports. The Survey Report shall include a table listing all profiles surveyed, profiles re-surveyed for incompatibility with previous data, profiles in general agreement with previous data, explanation of differences from previous data if known and any remaining unresolved differences. 2. Plant Survevs shall be conducted in accordance with the following standards: a. The objective of plant surveys shall be to record the degree of success of project plantings and colonization during the monitoring period. The areal extent, density and growth status of plantings shall be recorded for the project construction area, with particular attention to project restoration plantings. Colonial plant communities shall be identified separately. The location of plant removals during the project construction shall be documented in project design and As-Built plans. The presence of exotic, invasive or non-native species shall be documented in project design plans and monitoring program surveys. b. Surveyors shall protect plant health by avoiding damage to vegetation, including disturbance of vulnerable root systems such as dune grasses. c. Digital photo documentation of plantings, growth, colonization and succession shall be provided with survey reports (*.jpg or *png files). An index of photo content shall be provided with survey reports. d. The relative health (density, growth, competitive success) of project installed plantings shall be recorded in survey reports. e. Changes in chemical or geological conditions that affect plant success shall be recorded in survey reports. Such changes include but are not restricted to: accumulation of fine sediment, erosion of suitable substrate, accumulation of organic material, aerial deposition of sand or fine sediment, beach erosion or washover, inlet realignment. f. Horizontal and vertical geographic positions shall utilize coordinate systems as specified in Beach Profile Surveys, above. 3. Inlet Survevs a. The objective of inlet surveys shall be to document construction related changes, dredging and subsequent evolution of the inlet channel. Aligmnent/realignment of the channel, inlet constriction, expansion or eccentricity, changes in depth or cross section and D-16 accumulation or diminishment of flood, ebb and bypassing shoals shall be recorded in Monitoring Program surveys. b. A sufficient number of inlet cross sections shall be surveyed to describe all significant morphological features, from the Long Island Sound entrance channel to the Goldsmith Pond flood shoals. It is expected that 12 to 15 cross sections surveyed in straight lines perpendicular to the center line of the inlet main channel will be necessary to accomplish this objective. c. Horizontal and vertical geographic positions shall utilize coordinate systems as specified in Beach Profile Surveys, above. d. A sufficient number of data points shall be recorded along each profile line to ensure adequate description of all topographic and hydrographic features and slope breaks. Features surveyed shall include at a minimum: the channel bottom; general shape of the channel cross section; channel width at 0.0 feet elevation; location and elevation of vegetation; location and shape of revetments or channel protection structures; location, width and elevation of shoals; and width and elevation of the floodway. The presence of a low water sill (obstruction to tidal exchange) in the inlet, if any, shall be recorded. e. Where no slope breaks occur between adjacent data points a maximum difference in elevation of 1.0 ft. shall be allowed, except at structures or near vertical scarps where a greater vertical interval is allowed. The maximum allowable horizontal distance along each profile between data points shall be 25 feet or at the occurrence of a break in slope, whichever is less. The product shall be continuous profile lines representing the channel bottom surface, with origin on land and extending in geographic sequence to the opposite shore. The graphic representation of profiles shall be oriented with the origin to the left. f. The areal extent and elevation of shoals shall be described. g. If feasible, a tide gage should be placed inside Goldsmith Pond and a current meter should be placed at in the pond end of the inlet for at least two weeks during the survey period. The correlation of tide stage and current velocity should be interpreted in survey reports. See U.S. Army Corps report: ERCD/CHL TR-05-2, Geomorohic Analvsis of Matti tuck Inlet and Goldsmith Inlet. Long Island. New York, for a description of similar analysis. h. A longitudinal plot of the channel center line shall be created from the survey, plotting distance along the channel from the jetty tip to the pond on the horizontal axis (compression pennitted), and channel elevation (depth) on the vertical axis. The channel is approximately 2000 feet in length. Note significant features along the plot and identify any patterns of channel shoaling, erosion or dredging in survey reports. 4. Topographic Survevs a. The objective of the topographic site survey is to provide a sound basis for project design. The Contractor shall arrange the first topographic survey in consultation with the project design consultant. Subsequent monitoring surveys shall be arranged if necessary to confirm project performance. Collection of topographic survey data may be integrated with other project surveys where feasible. D-17 b. The topographic survey shall record spot elevations in the vicinity of project constructed features (dune, deposition basin, jetty, restoration plantings) or other locations specified by the Contractor as a means of documenting pre-construction conditions and, if required by the Contractor, the evolution of site morphology. c. A sufficient number of data points shall be recorded to ensure adequate description of all topographic and hydrographic features and slope breaks, including dunes, swales, beach berms, foreshore slope, deposition basin, shoals, the inlet jetty and any other features specified by the Contractor. d. The product shall be a continuous planimetric representation of the project construction area with contours delineating vertical elevation intervals of not more than 0.5 feet. Digital topographic mapping shall be in format compatible with OCR software. II. Survey Product Requirements. The following information shall be submitted by the Contractor for the project surveys: I . Standard Survey Reports: a. A Project Summary for each survey shall be prepared eXplaining how the work was done, any problems encountered, exact daters) and timers) of each survey and any other useful information regarding access or conduct of the work which would assist subsequent surveyors. This information shall be compiled into sections coinciding with the four survey types (beach profiles, plants, inlet, topography). Field notes are not an acceptable format for presentation of the project summary. The Project Summary shall document: 1. Survey Control - horizontal and vertical. Il. Surveying System Components. Ill. Brief description of surveying procedure. iv. Recovery and field notes if useful for future surveys. 2. Metadata: A Metadata file shall be included in the Project Summary on the beach profiles surveyed and any other digital data created. The Contractor shall provide metadata filers) meeting the Shoreline Metadata Profile of the Content Standard for Digital Geospatial Metadata, to produce the metadata. 3. Beach Profile Surveys: a. Paper profile plots at a scale to fit 8 y," x 11" or 8 y," x 14" paper, suitable for visual profile assessment. The most recent previous survey data obtained for field checks of each profile line (as specified in Survey Data Standards, above), shall be displayed on each plot, using a graphic technique which distinguishes the previous data from the current survey. b. A complete listing of the all profiles surveyed with the geographic coordinates of each profile origin. D-18 c. A complete listing of data for all profiles in three digital formats: ASCII Tabular, Spread Sheet, and ISRP (Interactive Survey Reduction Program). The data listing shall present results for each profile line together, in sequence, as described below for each format. For each profile the ASCII/SpreadsheetJISRP record shall begin with the most landward data point collected, (not necessarily the same origin as the comparison survey, as specified in Survey Data Standards, above). The three data formats shall be reported on a single CD- ROM, with the geographic coordinates of the profile origins in a separate file, as well as on paper. In all reporting formats the data shall begin with the designated name of the profile followed by the most landward data point and ending with the most seaward data point, with different profile lines separated by a line space. i. ASCII Tabular data shall be recorded in a line delimited format, using a separate line for each data point, with a line space between consecutive profile lines. Data shall appear in the following order on each line, with a comma but no space between "words": Profile number, offset (from the origin), Elevation, Northing, and Easting. ll. Spread Sheet data shall be entered using Corel QuattroPro or Microsoft Excel formats. Spread sheet data shall be entered in three columns for each profile line as follows: Column I - profile number Column 2 - horizontal offset from profile data point to origin (if any) Column 3 - elevation lll. ISRP data shall be created using the ISRP software, and shall be ready for viewing on BMAP. 4. Plant Surveys: a. A planimetric map on paper or a suitable hard copy format, in a scale adequate to characterize the entire site, with descriptions all plant species relevant to the project. The location of all plants whose characterization is required in Survey Data Standards, above, shall be adequately described. b. Additional maps on paper or a suitable hard copy format may be required to describe planted areas in detail. c. Digita! mapping shall be in accordance with contract specifications. 5. Inlet Surveys a. Paper cross section plots at a scale to fit 8 y," x 11" or 8 y," x 14" paper, suitable for visual assessment. Previous survey data obtained for field checks of each profile line (if available during the course of the Monitoring Program) shall be displayed on each plot, using a graphic technique which distinguishes the previous data from the current survey. b. A complete listing of data for all cross sections in digital ASCII Tabular and Spread Sheet D-19 format. The two data formats shall be reported on a single CD-ROM (can be the same CD-ROM as other data products), with the geographic coordinates of the cross section origins and end points in a separate file, as well as on paper. In all reporting formats the data shall begin with the designated name of the cross section followed by the next geographic data point along the cross section and ending with the final geographic data point on the section. Different cross sections shall be separated by a line space. i. ASCII Tabular data shall be recorded in a line delimited format, using a separate line for each data point, with a line space between consecutive profile lines. Data shall appear in the following order on each line, with a comma but no space between "words": Cross section number, offset (from the origin), Elevation, Northing, and Easting. ii. Spread Sheet data shall be entered using Corel QuattroPro or Microsoft Excel formats. Spread sheet data shall be entered in three columns for each profile line as follows: Column I - Cross section number Column 2 - horizontal offset from profile data point to origin (if any) Column 3 - elevation 6. Topographic Surveys a. Planimetric plots on paper at a scale suitable for visual assessment. b. Digital mapping shall be in accordance with contract specifications. APPENDIX X Agency Code: 19000 Contract Period: Contract No.: C00679l Funding for Period: $400,000 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office at 41 State Street, Albany, New York, 12231 (hereinafter referred to as the STATE), and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006791, as amended above and in attached Appendice(s) Terms and conditions of this amendment are subject to continued availability of funds for this contract. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRACTOR SIGNATURE By: By: (print name) (print name) Title: Title: Date: Date: State Ae:encv Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be attached to all other exact copies of this contract." State of New York County of )ss: On this _ day of , 20_, before me personally came known, who, being by me duly sworn, did depose and say that he/she/they reside(s) in (if the place of resident is in a city, include the street tome and street number, if any, thereat); that he/she/they is(are) the (title of officer or employee) of the (name of municipal corporation), described in and which executed the above instrument; and that he/she/they signed his/her/their name(s) thereto by authority of the governing body of said municipal corporation. NOTARY PUBLIC Approved: Thomas P. DiNapoli State Comptroller By: Date: SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631) -765 - 9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 1 J 971 Tel. (631) -765 - 1560 jamie .richter@town.southold.ny.us OFFICE OF THE ENGINEER TOWN OF SOUTHOLD March 22, 2006 1:30 PM, Tuesday, March 21 Project Scoping Meeting for Goldsmith Inlet Jetty, Mill Lane, Peconic, NY. Jetty Reconstruction / Sand Bypass Project MeetinQ Attendance: Scott A. Russell, Supervisor, Town of Southold, 631-765-1889 AI Krupski, Southold Town Councilman, 631-765-1889 James A. Richter, Engineer, Town of Southold, 631-765-1560, James C. McMahon, Commissioner of Public Works, Town of Southold, 631-765-1283, Rick Tuers, NYS Dept. of Environmental Conservation, 518-402-8148 Charles T. Hamilton, NYS Dept. of Environmental Conservation, 631-444-0270 George Hammarth, NYS Dept. of Environmental Conservation, 631-444-0371 Karen Graulich, NYS Dept. of Environmental Conservation, 631-444-0295 Eric Star, NYS Dept. of Environmental Conservation, 631-444-0423 Mohabir Persaud, NYS Department of State, 518-474-1737 William B. Sickles, Suffolk County Parks, 631-854-4952 David Salvatore, Suffolk County Parks, 631-852-3216 MEETING MINUTES Discussion Items: The Preliminarv Proiect ScoDe of Work was reviewed bv those in attendance and comments were as Follows: 1. Shortening of the Goldsmith's Inlet Jetty by 33%. (120' +/-) This project parameter has been approved by the Southold Town Board. The rational for selecting this course of action was discussed and the data found in the shoreline modeling study was briefly reviewed. Copies of the Study "An Assessment of Jetty Shortening Alternatives for Goldsmith Inlet, Bay and Adjacent Shorelines" were handed out at the meeting. Anyone wishing to receive an electronic copy of this report should E-Mail James Richter at the address above. Issues' concerning Public Safety was discussed but there does not appear to be any serious apprehension or out right objections to the proposed reduction in Jetty length. 2. Reconstruction of the New Jetty End with a Double Armor Stone. This item was reviewed and preliminary plans and details were handed out. The proposed Double Armor Stone configuration was a recommendation made by an engineer working for the Army Corp of Engineers. The proposed mass of this new jetty section was discussed. The intent of the final design was to maintain the height of the existing structure. The mass of the structure at toe of slope may be wider to accommodate the side Slopes for the double cap stone cross section. It has been stated that the overall intent of the project is to maintain, as far as possible, the existing profile of the Jetty. Page 1 of ~ 1:30 PM, Tuesday, March 21 Project Scoping Meeting for Goldsmith Inlet Jetty, Mill lane, Peconic, N.Y. Jetty Reconstruction / Sand Bypass Project MEETING MINUTES CONT. Page .f. of Q 3. Sand Bypassing of the existing Jetty Fillet Material in front of the New "modeled" H.W.M. Utilizing the Shoreline Modeling Data, preliminary calculations estimate that approximately 15,000 Cubic Yards of material will be left out in front of the new high water mark, (as modeled), due to the shortened and/or reconstructed Jetty. This material. if left in its current location, would ultimately shift around the jetty causing a major problem with regard to the maintenance of the Inlet. It was the Town's position that this material should be dredged and could be used for either of two possibilities. The first would be to sand by-pass this material to the Easterly Beaches. The second would be to create a Secondary Dune System on State land in front of the existing Homes located to the West side of the Jetty. 4. Construction of a Secondary Dune System with Beach Grass Planting. This item was proposed by the Town as an alternate in an effort to provide additional storm surge protection for adjacent property. During the meeting, there were no concerns or objections related to the creation of this dune system. This new dune would be located within the vegetated area of the State land immediately to the West of the inlet. DEC personnel in attendance suggested that this would be a better alternate regarding use the dredged fillet material. It was also stated and required that the construction of a new dune should be entirely within the limits of the State land. This new State land has been generated west of the inlet due to the initial construction of the jetty. The type and spacing of required vegetative plantings for the new dune system is considered a DEC standard and will be coordinated at the permit stage of the project. The final size and location of the proposed dune will require additional engineering to verify beach profiles and actual quantities fillet material available. 5. Sand Bypassing and/or excavation of a Deposition Basin West of the Jetty. This item was considered to be an additional by-pass of material that would be done in an effort to provide an extended time frame between Inlet Dredging Events. This item was not considered consistent by DEC Personnel with regard to standard coastal erosion practice. In an effort to achieve some of the original goals of the proposed deposition basin, an alternate to this item was discussed. The material built up on the east side of the structure between the Jetty and the mouth of the inlet could be dredged to help maintain the inlet opening. This would be considered a more consistent practice to achieve the Town's goals. It was suggested that the removal of the material on the east side of the Jetty which is in front of the inlet opening would reduce the available material that might block the inlet during a Northeasterly Storm Event. It would also reduce the amount of energy that the Inlet would require to maintain the opening on its own. Accurate estimated quantities of materials will require additional surveys. Surveys will verify actual beach profiles and quantities of existing excess materials that will be dredged from this location. All quantities will be reviewed and approved by the DEC prior to submission of permit applications. 6. Construction of a Sand Bridge across the Inlet to access Eastern Beaches. As in previous dredging permits associated with this Inlet, this proposed sand bridge would be constructed to allow off-road construction vehicles and excavation equipment access to the easterly beaches. Where this sand bridge crosses the inlet, large drainage culverts would be installed to maintain the tidal flow of the inlet. The culverts would remain open at all times and closure or blocking off the pipes to extend the daily construction time between tides will not be permitted. This sand bridge would be built wide enough to accommodate the necessary construction traffic. The actual width and size of this bridge will require approvals from the DEC. Each side of the sand bridge adjacent to the culvert piping will be armored with rock or other revetment to prevent scouring of the bridge during the dredging work. . 1:30 PM, Tuesday, March 21 Project Scoping Meeting for Goldsmith Inlet Jetty, Mill Lane, Peconic, N.Y. Jetty Reconstruction / Sand Bypass Project MEETING MINUTES CONT. Page ~ of ~ 7. Addition, Reconstruction and/or replacement of an existing stone Rip Rap revetment on the West side of the Inlet adjacent to the Town Road and parking area. This item is necessary because Recent Storms have eroded the southerly end of the existing stone revetment and road shoulder adjacent to the Oxbow in the inlet. An extension of the existing Stone revetment, which included vegetative plantings at the proposed southerly terminus, was recommended. This item will require further clarification and coordination with the DEC to define the actual limits and configuration of the Proposed New Work. 8. Routine Maintenance dredging of the Inlet. It is estimated that somewhere between 5 & 10 thousand yards of material has moved back into the mouth of the Inlet after the recent County Dredging Project last year. The proposed limits to this dredging are in the immediate vicinity of the inlet mouth and it is not intended to reach into the Inlet beyond the Oxbow that currently exists in the Inlet. The final contour and channel elevations proposed will mirror the most recent Suffolk County Dredging Project. Discussions regarding Routine Maintenance of the Inlet also addressed an effort to minimize the cycle of material getting pushed back into the mouth of the Inlet immediately after each dredging event. It was recommended that all dredge material scheduled for placement on the easterly beaches will begin at least 500' east of the Inlet. This dredged material should be placed above mean high water and elevated as needed or where required to accommodate the amount of material that will be transported to the eastern beaches. The access of construction equipment and the placement of dredged material on the easterly beaches must be coordinated with Suffolk County Parks Department. 9. Re-Vegetation of wetland plantings throughout the project site was also discussed. All final restoration and vegetative planting plan shall be as per NYS DEC requirements. 10. Discussions also took place regarding the ever changing dynamic of the Inlet opening. It has been noted that new maintenance dredging permits should and probably would require a record keeping element associated with the dredging. The scope of this item will require additional guidance and approvals from DEC personnel. It had been suggested during the meeting that, at a minimum, shoreline cross section data should be collected on an annual basis. This data will assist the Town and Permitting Agencies with their assessment of where, how often and how much material should be dredged. It may also provide insight into various methods that could extend the frequency between dredging events. Meeting Adjourned: Please note: If there are any errors and/or omissions in the information contained herein, please contact my office as soon as possible. (James Richter, 631-765-1560). Thank You! NEW YORK STATE DEPARTMENT OF STATE Division of Coastal Resources RECORD KEEPING AND PAYMENT GUIDE General Accountin2 Requirements Adequate tinancial accounts and records must be established and consistently maintained in accordance with generally accepted accounting principles and practices in effect during the term ofthe Agreement. The Recipient must also keep a cost ledger for costs incurred for work performed under the Agreement. The tinancial accounts, records and cost ledger may be audited by appropriate State agencies based upon applicable federal and State regulations and contractual provisions in effect during the term of the Agreement. The tinancial accounts, records and cost ledger, including supporting documentation, must be kept intact and be readily available for the period indicated in the Agreement. Written procedures and internal controls for the accounting system must be maintained to provide consistency in recording transactions. The accounting and control responsibilities must be segregated from the project operations. The Recipient is ultimately responsible for the accounting and control responsibilities. The minimum requirements for an acceptable accounting system are: The system must include a cost ledger (general ledger) and appropriate subsidiary ledgers in which all tinancial transactions related to the Agreement must be recorded (Le., disbursements, revenues). A separate cost ledger and subsidiary ledgers are required for each Agreement. The accounts and records must clearly identify eligible and ineligible costs incurred by approved budget categories. Disbursements (costs) and revenues (advances, reimbursements) must be recorded in subsidiary ledgers established for each approved budget category as they are received or incurred and summarized in the cost ledger monthly. Each entry in the accounting records must be supported by appropriate documentation. The documentation can be generated from outside the Recipient's organization (i.e., invoices), and/or it can be internally generated (i.e., payroll registers). The tiles of supporting documentation must be coded and cross-referenced in such a way that transactions can be traced from any document dealing with the transaction back to the initiation of that transaction and forward to the entry or entries in the accounting system. General Pavment Request Requirements All payment requests must be prepared, documented and submitted in accordance with this guide. If requests are not in accordance with this guide or if they contain errors or are illegible, it may cause processing delays, payment deduction or a rejection of the request. In the event that a payment request is denied or partially paid, the State will provide written notice of the reasons for partial payment or denial to the Recipient. Claims for payment consist of Summary Sheet Documentation Forms and a New York State Standard Voucher. Invoices, receipts, timesheets and other tinancial backup information do not need to be submitted, as the Agreement requires that this information be kept in the Recipient's project tile. Generally, payments will be made approximately 4-6 weeks from receipt of an acceptable claim, provided that all other contractual obligations are being met. 2 Draft or final products associated with completed project tasks should already have been submitted to DOS for review and approval prior to initiating a payment request for the related work. If these products have not been previously submitted to DOS, they should be submitted with the payment request. However, please note that reimbursement may be delayed because the products will need to be reviewed and approved before the payment request can be processed. Payment requests will be reviewed in accordance with the tenus and conditions ofthis Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, otherwise allowable project costs may be reduced if the percentage of task completion is deemed insufficient, or if products have not yet been approved by DOS. The Department shall make interim payments for eligible costs incurred up to an amount not to exceed 90% of the State Funds Requested. The final payment request must be submitted within 60 days of the expiration date of the Agreement or the completion of the scope of work in the Agreement, whichever occurs first. The final payment request will not be processed until all work products are received and determined acceptable by the State. When preparing payment requests, please note the following: . Items detailed must match those in the approved budget and be shown in the same budget categories. The amounts shown on the Standard Voucher, the Summary Sheet, and Detail Sheets must all agree. Since supporting documentation is not required, it is very important that the forms be completed as accurately and detailed as possible. Care should be taken to ensure all forms are legible, completely filled out and do not contain math errors. The use of Other, Etcetera or Miscellaneous is not allowable in documenting expenditures. No estimated costs are allowed. Also, costs should not be rounded to the nearest dollar. Forms with white out cannot be accepted. Requests for payment will not be accepted more frequently than monthly. You will soon be able to download payment forms from our website: http;//www.nyswaterti-onts.com/forms.asp. Draft payment requests can be sent for review and comment prior to formal submission. You can fax your draft payment request to (518) 473-2464 or email to laurissa.parent(a)dos.state.ny.us. Completed payment requests should be mailed to: New York State Department of State A TIN: Coastal Resources - 8" Floor Contract Ad,ministration Unit 41 State Street Albany, New York 12231-0001 If you have any questions, please call (518) 474-5559 or (518) 474-6000. Completing the Summary Sheet Documentation Forms FORM I: Summary Sheet SECTION I: Please fill out all items in this section - Recipient, Contract #, Project Title, Payment Request #, indicate whether this is an interim or final payment and provide the time period that costs documented on this request were incurred. 3 SECTION II: Colunm # I Insert the budget amounts from the approved budget of the Agreement. Colunm #2 Reflects the expenditures being documented on Forms 2 through 4 of this payment request. Colunm #3 Represents the cumulative expenditures documented to date (this payment request plus previous payment requests). If this is the first payment request, Colunms #2 and #3 will be the same. Colunm #4 Calculate by subtracting the Cumulative Documented Expenditures (Colunm #3) from the Approved Budget Amount (Colunm #1). NOTE: Category F. Other is broken down by "Reimbursable Costs" and "Local Share Only". The "Reimbursable costs" line is used when costs have actually been incurred, such as for training, printing or advertising. The "Local Share Only" line is used when a value has been placed on an item or service, such as volunteer services, donated professional services, or equipment usage. Exception: In EPF Agreements, land acquisition can only be used as local share. 'Make sure to fill in the total for each colunm. NOTE: Costs in any budget category cannot exceed the budgeted amount by more than 10% or $1,000, whichever is greater. Any expenditure in excess of this requires a budget amendment request to be submitted in writing by the Recipient and approved by the Department before reimbursement will be made. SECTION III: This section must have an original signature by the municipality's responsible authorized representative, as indicated on the Recipient's most recently submitted Contract Administration Update Form. Be sure to fill in the sections for printed name, title, affiliation and date, as well as the name, title, affiliation, telephone number and email address of the person to contact if DOS has questions about the payment request. FORM 2: Project Status Form Please fill out all items in the top section - Recipient, Contract #, Project Title, and Status Report Date. In the next section, list each task from the work plan of the Agreement and provide corresponding information for each. Task # and Brief Task Description should agree with the tasks listed in the work plan of the Agreement. A/T should indicate if Date of Completion is the Actual completion date or the current Target Date for completion of the task. Percent of Completion is the percentage that the task is complete as of the Status Report Date. Task Accomplishments should be brief, but describe specific accomplishments for each task. Product Submitted should be "Draft" if the draft product has been submitted to DOS (or is being submitted with this report), "Final" if the final product has been submitted to DOS (or is being submitted with this report), "None" if product has not yet been submitted, or "N/A" ifnot applicable. Alternatively, the specific product(s) submitted may be listed. . 4 Important things to consider when filling out this section of the Status Report Form: Tasks should match those in the work plan of the Agreement with DOS (not a subcontractor agreement). All tasks (including subtasks) in the work plan of the Agreement must be listed on each report submitted. All columns must be completed for every task. A task cannot be considered 100% complete until the required product is submitted to and approved by DOS. Task accomplishments should be as specific as possible (but briel). Status reports submitted with generic accomplishment entries will take longer to review by DOS and may not be accepted. Here are some tips on how accomplishment entries can be improved: Generie accomplishment entry: Specific accomplishment entry: Advisory committee established. 8 person advisory committee was established and has met (6) times to date. RFP issued. RFP was released through local papers and NYS Contract Reporter. Consultant Selected. 5 responses were received and ABC Construction Company, Ine. was selected. Certification of procurement procedures have been provided to DOS. Final designs. Final Design & Construction Drawings (incorporating DOS comments of 11/5/05) were approved by DOS. Permits. Permit applications have been submitted to DEC and COE, copies are included with this report. In the ADJUSTMENTS section - Indicate proposed adjustments to the budget, work program, or project schedule, and the reason why the adjustment is necessary. If any problems have been encountered during this reporting period, they should also be indicated here. Keep in mind that the information listed in this section should refer to this reportin~ period only. If an extension is requested on this form, the reasons provided should be detailed and specific. For example, requesting an extension to "complete the project" or "allow time to finish remaining tasks" is not acceptable. The information provided in this section should indicate specific reasons that tasks were delayed and/or problems were experienced. On the bottom of the sheet, please provide the Name, Affiliation, Email Address, Phone Number, and Fax Number of the person to contact if we have questions on the information provided on this form. FORM 3: Project Narrative Please describe the activities undertaken during the period covered by the payment request and how they relate to the expenditures documented on the request. The description should be detailed and specific. FORMS 4 and 5: Detail Sheets A. Salaries & Walles (Including Fringe Benefits) List the title of each of the Recipient's employees who incurred costs working on the project, the amount charged to the project for each title, and the time period during which these costs were incurred. The amount charged should be reasonable in terms of the work performed. . 5 Examples: Deputy Director Coastal Resources Specialist June I, 2005 - December 31, 2005 August 1,2005 - September 30,2005 $566.25 $357.65 Notes: Reimbursement for direct salary costs is limited to the titles and salaries in the approved budget. Titles must be listed for each. Do not list names of the individuals. Changes to the approved titles andlor salaries must be made in writing and approved by DOS. Salaries of elected officials are not an eligible cost. Salary costs incurred by subcontractors (whether by subcontract, retainer, or Intermunicipal Agreement) should be listed in E. Contractual Services. Record Keeping The Recipient's project file should include a record of the time spent by each employee with the following information: title and name of each individual salary of each individual expressed as an hourly rate dates worked for each individual and hours worked each day fringe benefit rates for each time period task(s) to which work is attributable B. Travel The following information should be provided for each of the Recipient's employees for each trip: title of each individual date and purpose of trip origin and destination of travel costs for lodging, transportation and/or meals Example: Project Assistant traveled from City, NY to Albany, NY to attend the Coastal Resources conference on 311106. Lodging $94, Car rental $50, Meals $49. Total cost for trip: $193. Similar trips made claiming mileage only may be combined. Example: Site visits to construction site from March 2004 to August 2004: 25 trips x 10 miles each x .445 per mile ~ $111.25 Note: This category is for costs incurred by the Recipient only. Travel costs incurred by subcontractors are listed in E. Contractual Services. Record Keeping The Recipient's project file should include travel cost documentation forms, as well as receipts for lodging, meals, transportation, etc. for each traveler. . 6 C. Supplies/Materials List the different types of supplies and materials purchased and the cost of each. Examples: Office Supplies (Copy paper, envelopes) 150 gallons of fuel @ $3/gallon 30 Trees @ $10 each $100 $450 $300 Note: This category is for costs incurred by the Recipient only. Supply costs incurred by subcontractors are listed in E. Contractual Services. Record Keeping The Recipient's project file should include copies of receipts, purchase orders and/or checks issued. D. Equipment List each piece of equipment purchased and the cost of each piece. Also provide some description of the equipment such as make, year, model number, etc. Examples: HP Officejet 5610v All-in-one printer, copier, scanner, fax machine Troy-Bilt Chipper/ShredderNacuum Model #24B-060F766 Mowing system, Pro Mow Model #FL58 $200 $549.99 $1299.99 Note: This category is for costs incurred by the Recipient only. Equipment costs incurred by subcontractors are listed in E. Contractual Services. Record Keeping The Recipient's project file should include copies of receipts, purchase orders and/or checks issued. Records should also include a description of each piece of property, serial and model numbers, and its location. Inventories should be verified by physical inventory counts. E. Contractual Services List the name of each subcontractor procured by the Recipient, the amount being documented for each, the time period for which these costs were incurred (!!2! the date of the subcontractor's invoice), and the service provided. Examples: LPS Construction Co. Jan 2002 - June 2002 $3,000 WJM Engineering Svcs. Jan 2002 - June 2002 $5,000 JMF Equipment Rentals Jan 2002 - June 2002 $200 Dock construction at Evie-Joe's Marina Final design & bid documents Pick-up truck rental Only subcontractors who contract directly with the Recipient should be listed here. If the Recipient's subcontractor(s) procure the services of others, this should not be broken down separately on the form. Also, costs incurred by the subcontractor do not need to be broken down by the type of costs or by invoice. . 7 Example: The Recipient hires LPS Construction Company to construct a dock. LPS Construction Company contracts with JMF Equipment Rentals for the rental of a backhoe. In this example, costs incurred are: Invoice # I Construction Supervisor's time: Laborers' time: Construction Supplies: $1,300 $7,500 $500 Invoice #2 Construction Supervisor's time: Laborers! time: Travel for site inspections: Construction Supplies: Contract with JMF Equipment Rentals: $1,700 $11,000 $45 $800 $1,400 This would be documented as follows: LPS Construction Company Jan 2002 - June 2002 $24,245 - For construction of dock at Evie-Joe's Marina Note: The Recipient must have procured the subcontractor in accordance with the Agreement requirements and all applicable statutes, rules, and regulations. The municipal attorney, chiefIegal officer or financial. administrator of the Recipient must certify in writing that applicable provisions of General Municipal Law were fully complied with. Before reimbursement for Contractual Services will be made, the procurement certification and the executed subcontract must be submitted to DOS. For Agreements requiring attendance at Quality Communities Workshops and Training, the Recipient would have received an advance from DOS to pay the registration fees for those sessions. The Recipient should have then forwarded payment for these registration fees to NHT. This cost should be documented on your first payment request. Example: Natural Heritage Trust Mar 2004 - June 2004 $5,000 $5,000 QC Workshops Natural Heritage Trust Mar 2004 - June 2004 QC Training Record Keeping The Recipient's project file should include copies of invoices, purchase orders and/or checks issued. Invoices should be detailed and related directly to work program tasks. The Recipient's project file should also include a copy of the procurement record, the executed subcontract for each subcontractor, and a copy of the written approval issued by DOS to execute each subcontract. F. Other The other category may include items such as volunteer services, professional/donated services, use of municipal owned equipment, and other items which do not fit in the categories above. The type of service provided and amount claimed should be indicated. G:\COAST AL\Contracts\ContractFonns\PR fonns\Pay-Guide.wpd . 8 Examples: Land Acquisition Printing of the L WRP $100,000 $800 For items that have a value rather than a cost (eqnipment usage, volunteer time, etc.), a breakdown of how the amount was determined is required. Examples: Use of backhoe 50 hours x $20 per hour Advisory Committee 8 people x 3 meetings x 2 hours per meeting x $15 per hour Reviewed products submitted by consultant County Planning Dept. - Junior Planning Technician 20 hours X $25 per hour Provide GIS data & preparation oj maps Donated services by construction contractor to design kayak launch $1,000 $720 $500 $5,000 For Agreements requiring attendance in the Community Training Program, the Recipient would have received an advance from DOS to pay the registration fees for the training sessions. The Recipient should have forwarded payment for these registration fees to SUNY ESF within two weeks of receiving the advance. This cost should be documented on your first payment request. Example: SUNY ESF - Registration fees for (4) training sessions at $125 each $500 Record Keeping The Recipient's project file should include copies of receipts, purchase orders and/or checks issued. Depending on the costs/values documented, the Recipient's project file should also include: Land Acquisition - Copy of filed deed and appraisal. Equipment Usage - Dayslhours spent and cost per day/hour for each piece of equipment. Volunteer Services - Number of volunteers and hours spent, hourly rate charged (rate will be listed in the budget of Agreement), and activities undertaken. Volunteer Services contributed by elected officials are not an eligible cost unless the services provided are outside the performance of their official duties. Donated Professional Services - Name of agency/company who provided services, hours spent and hourly rate charged, and activities undertaken. Completine the NYS Standard Voucher The Recipient should only complete numbered blocks 3 through 7.on the Standard Voucher. Block 3: Block 4: Block 5: Block 6: Recipient's Federal Tax ill number. Recipient's name and address as it appears on the Contract Face Page. Reference to be printed on the OSC issued check (optional). List each category that is being documented and indicate the dollar amount expended for each category. The total should be the total amount documented. The 'Discount' and 'Net' boxes should be left blank. This section must have an original signature by the Recipient's responsible authorized representative. Make sure the title, date, and name of company sections are completed. Block 7: G:\COAST AL\Contracts\ContractForms\PR forms\Pay-Guide.wpd Form 1 - Summary Sheet I. PROJECT/PAYMENT INFORMATION RECIPIENT PROJECT TITLE CONTRACT # Payment Request # Type of Request (Interim) (Final) Costs documented on this request were incurred during the time period of and II. BUDGET/EXPENDITURE DATA Approved Expenditures Cumulative Available Budget Amount Documented Documented Balance to this Report Expenditures Document A. Salaries & Wages ~ ~ B. Travel ~ C. Supplies & Materials ~ D. ~uiILment E. Contractual Services ~ F. Other - Reimbursable costs* G. Other - Local Share onl.\'* TOTAL ~ ~ * See the Record Keeping and Payment Guidefor more iriformation III. CERTIFICATION I certity that: 1) the <tbove claim as detailed on attached forms is just, true and correct; that the amount claimed accurately represents the expenses as recorded in our accounting records; 2) the attached status report and project narrative accurately represents current project status; 3) we are in compliance with all applicable provisions of the above-referenced Agreement; 4) documented expenditures have been made solely for the pnrposes of the project as described in the work program of the above- referenced Agreement; 5) persons not parties to the above-referenced Agreement who performed work under the Agreement have been compensated or wiJI be compensated; and 6) I am the responsible representative authorized to certify this claim. Signature: Printed Name: Contact Person: Title of Contact: Affiliation of Contact: Phone of Contact: Email of Contact: Title: Affiliation: Date: Form 2 - Project Status Form Project Status Form RECIPIENT PROJECT TITLE CONTRACT # Status Report Date: ** See guidelines on reverse side for completing this form ** Task # Brief Task Descriotion Date of NT Completion Percent of Completion Task Accomplishments Product Submitted to DOS ADJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems encountered durin!!: this repottin!!: period: Name: Person to contact if we have questions about the information provided on this form: Email Address: Title: Affiliation: Phonc: Fax: Form 3 : Project Narrative . Please describe the activities undertaken during the period covered by the payment request and how they relate to the expenditures documented on the request. This description should be detailed and specific. Form 4 - Detail Sheet 1. See payment guidelines for instructions on how to document expenditures t , A. SALARIES AND WAGES fIncludinp Frinpe Benefits) PAY PERIODS AMOUNT CHARGED TITLE FROM - TO TO THIS PROJECT \. 5. SUBTOTAL $ lB. TRAVEL SUBTOTAL $ Co SUPPLIESIMA TERIALS SUBTOTAL $ \ Fotm 5 - Detail Sheet 2. See payment guidelines for instructions on how to document expenditures In. EQUIPMENT SUBTOTAL $ E. CONTRACTUAL SERVICES Name Amount Dates of Service Service Provided SUBTOTAL $ F. OTHER SUBTOTAL $ Project Status Form Project Status Form RECIPIENT PROJECT TITLE CONTRACT # Status Report Date: ** See guidelines on reverse side for completing this form ** Task Brief Task Description # Date of Percent of Aff Completion Completion Task Accomplishments Product Submitted to DOS ADJUSTMENTS - Please indicate proposed adjllstment(s) to work program/schedule, reason(s) for the proposed adjnstment(s), and any other problems encountered durin!! this reportin!! period: Person to contact if we have questions about the information provided on this form: Email Address: Name: Affiliation: Title: Phone: Fax: Guidelines for completing the Project Status Form Please fill out all items in the top section - Recipient, Contract #, Project Title, and Status Report Date. In the next section, list each task from the work plan of the Agreement and provide corresponding information for each. Task # and Brief Task Description should agree with the tasks listed in the work plan of the Agreement. AJT should indicate if Date of Completion is the Actual completion date or the current Target Date for completion of the task. Percent of Completion is the percentage that the task is complete as of the Status Report Date. Task Accomplishments should be brief, but describe specific accomptislunents for each task. If no accomplislunents have yet been made for a task, the accomplislunent column should be left blank for this task. Product Submitted should be "Draft" ifthe draft product has been submitted to DOS (or is being submitted with this report), "Final" ifthe final product has been submitted to DOS (or is being submitted with this report), "None" if product has not yet been submitted, or "N/ A" if not applicable. Alternatively, the specific product(s) submitted may be listed. fmportant things to consider when filling out this section of the Status Report Form: Tasks should match those in the work plan of the Agreement with DOS (not a subcontractor agreement). tAli tasks (including subtasks) in the work plan of the Agreement must be listed on each report submitted. I All columns must be completed for every task. IA task cannot be considered 100% complete until the required product is submitted to and approved by DOS. . I Task accomplislunents should be as specific as possible (but brief). Status reports submitted with generic accomplislunent entries will take longer to review by DOS and may not be accepted. Here are some tips on how accomplislunent entries can be improved: Generic accomplishment entrv: Advisory committee established. RFP issued. Consultant Sclected. Final designs. Pennits. Specific accomplishment entrv: 8 person advisory committee was established and has met (6) times to date. RFP was released through local papers and NYS Contract Reporter. 5 responses were received and ABC Construction Company, Inc. was selected. Certification of procurement procedures have been provided to DOS. Final Design & Construction Drawings (incorporating DOS comments of 11/5/05) were approved by DOS. Pennit applications have been submitted to DEC and COE, copies are included with this report. In the ADJUSTMENTS section - Indicate proposed adjustments to the budget, work program, or project schedule, and the eason why the adjustment is necessary. If any problems have been encountered during this reporting period, they should also ,e indicated here. Keep in mind that the information listed in this section should refer to this reporting period onlv. f an extension is requested on this form, the reasons provided should be detailed and specific. For example, requesting an 'lttension to "complete the project" or "allow time to finish remaining tasks" is not acceptable. The information provided in his section should indicate specific reasons that tasks were delayed and/or problems were experienced. )n the bottom of the sheet, please provide the Name, Title, Affiliation, Email Address, Phone Number, and Fax Number of the erson to contact if we have questions on the information provided on this form. fyou submit this form by fax or email, there is no need to forward the original bv mail. We only need to receive one copy of le report. fyou have any questions, please contact Laurissa Parent at (518) 474-5559 or your DOS project manager at (518) 474-6000. AC92 (Rev. 6/94) State SEE INSTRUCTIONS BEFORE COMPLETING Voucher Number . Of STANDARD VOUCHER New Yark (])Originating Agency (limit to 30 spaces) trig Agency Code Interest Eligible (Y/N) l])P-Contracl Payment Date (MM/DDIYY) ase Use Only liability Date (MM/DDIYY) GDPayee 10 lAdditiona' Zip Code ~Hou'e Payee Amount . MIR Date (MM/OOIYY) . --- ------ -. -- @Payee Name (limit to 30 spaces) IRS Code I IRS Amount Payee Name (limit to 30 spaces) Stat. Type I Statistic Indicator..{)epL !,ndicator-Statewide ~-_. _. Address (limit to 30 spaces) CIDRer/lnv. No. (Limit to 20 spaces) Address (limit to 30 spaces) Refllnv. Dale (MMIOOIYY) City (limit to 20 spaces) (Limit to 2 spaces)~ I State lip Code @Purchase Description of Material/Service Order No. If items are too numerous to be incorporated into the block below, Quantity Unit Price Amount and Date use Form AC 93 and carry total forward. (lJPayee Certification Total I certify that the above bill is just, true and correct; thai no part thereof has been paid except as stated and that the balance is acluaUy due and owing, and that taxes from which the State is exempt are excluded. ~ Discount % Payee's Signature in Ink Title Date Name of Company Net FOR AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT Merchandise Received I certify that this voucher is correct and just, and payment is approved, and the goods or services rendered or furnished are for use in the performance of the official functions and duties of this CERTIFIED agency. Verified FOR PAYMENT OF Date TOTAL AMOUNT Authorized Signature in Ink Audited Page No. Date Title Special Approval By By (as Required) Expenditure Liquidation Cost Cenler Code Accum Oept Cost Center Va, y, Object Oept Statewide Amount Orig. Agency PO/Contract line F/P Unit , Distribution: Original to OSC with Copy to AgencylDepartment and Payee o Check if Continuation form is attached.