HomeMy WebLinkAboutBittner Preserve ImprovementsSouthold Town Board - Letter
Board Meeting~ 21, 2009
RESOLUTION 2009-320
ADOPTED
Item # 5.15
DOC ID: 4933
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-320 WAS.
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 21, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with NYS Departm.ent of State in
connection with a grant from NYS Department of State, under the 2007-2008 Local Waterfront
Revitalization Program, Environmental Protection Fund for improvements to the Bittner
Preserve in the amount orS195,000, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Alber~ Krupski .lr., Councilma~
AYES: Ruland, Orlando, Kru pski .Ir., Wickham, Evans, Russell
Generated April 22, 2009 Page 24
DAVID A. PATERSON
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99 WASHINGTON AVENUE
ALBANY, NY 12231-0001
LORRAINE A. CORTE~S-V~ZQUEZ
December 15, 2009
Mr. Jame~ McMahon
. Executive Assistant
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971
Re:
Agreement #C006877
The Bittner Preserve Improvement Project
Dear Mr. McMahon:
Enclosed is a fully-executed copy of an Agreqment between the Town of Southold and the Department of
State (DOS) for the above cited project. Please co~tact Dennis Mildner at (518) 474-4457 to discuss the
next steps for this project.
If you have any questions, please contact me at (518) 486-9569 or erin. o'brien(~Atos, state, nv. us.
Enclosure
cc: Scott A. Russell
John Cushman
Sincerely,
Erin O'Brien, Keyboard Specialist
Office of Coastal, Local Government
and Community Sustainability
www.oos.sTAl~.~n-.us- o E-~att2 fNFO~m3S]SrATE.~n~'us
FACE PAGE
STATE AGENCY (Name and Address):
NYS Department of State
One Commerce Plaza
99 Washington Avenue - Suite 1010
Albany, NY 12231-0001
CONTRACTOR (Name and Address):
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
MUNICIPALITY #
NYS COMPTROLLER'S #: C006877
ORIG. AGENCY CODE: 19000
TYPE OF PROGRAM: Environmental Protection
Fund Ac! - 2007 LWRP
STATE SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $195,000
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $195,000
I
IN1TIAL CONTRACT PERIOD:
FROM: August 15, 2009 TO: August 31, 2010
APPENDICES ATTACtll~.O TO AND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General. for all state contracts
APPENDIX Al: Agency-specific clauses
Including Attachment 1 - Final Project Summary Report
Attachment 2- Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
Attachment 3 - Project Status Form
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)
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
CONTRACTOR
Town of Southold
By: ~
Title: ~'-~g:~_.4' t//~J ~
Date: ~ !3/.~ ((~ ~
Contract No. C006877
STATE AGENCY:
New York State Department of State.
Title: ~a ~ag~ent
Date:
S~to Agency Certification
"~ Mdition to ~e aceept~ce of this contract, I
also eeRi~ that original copies of this si~ature
page will be aRached to all o~er exact copies of
~is con.act."
ACKNOWLEDGMENT
State of New York )
County of .J'c,c~--o (~_ . )ss:
On this r'~.l' '5~rday ofn H_~/ ,200~, befo~ me personallY came
, ~ ~ - ~ ~.~_L{/'t~I go me ~o~, who, ~ing by me duly sworn, did depose and say that
he/~ mside(~ in C~%~ r~/ ~)~ (if the place
of ~sident is in a ci~. include ~e s~eet ~d s~eet numar, if ~y. ~ereoO; that he/~ is(~) ~e
~ ~ ~ (title of officer or employee) of the ~. f~ ¢ ~~/~(nme
of munlcipal co,ration), described in and which executed the above ins~ment; and that he/she/they si~ed
~..
hi~efftheir nme(s) ~ereto by authori~gf the g~veming ~ody of said municipal co~oration.
~x_ I~~ ~ NO. 01~
NOT~ P~LIC
ATTORNEY GENERAL:
Title:
Date:
APPROVED AS TO
NYS ATTORNEY GENERAL
NOV 0
[.ORRAdNE t, REMO
AssOCiATE ATTORNEY
Approved:
Thomas P. DiNapoli~
Stat e C °m ptr°l~n?o~. ~3~,~g~_ ~L \
By: ,~''~ ~ ~
Date: ~ .;/..~.. ~= I
Town of Southold - Agreement #C006877
The Bittner Preserve Improvement Project
Agreement Information Form
On the Face Page, is the Contractor's address correct?
If incorrect, please provide the correct address:
On the Face Page, is the Federal Tax 1D # shown correctly?
If incorrect (or missing) please provide the correct Federal Tax ID #:
( o
NO
Have any costs shown in Appendix B been incurred and/or any tasks in Appendix D began? YES ~
If any costs shown in Appendix B have been incurred and/or any tasks in Appendix D have begun, please provide brief
description:
Enter proposed start date for contract: ~' - /JS; 0 ~
Note: If any costs have been incurred, the start date must reflect the date you began incurring those costs.
Enter proposed end date for contract: /~°Ft~q cl X¢ ~ 0 C
Note: The initial contract term cannot exceed three years.
Signature of the Supervisor: ~ Date: q/O~/l~) c~
Printed Name ofthe Supervisor: ~-0_..~'~ /,z~, t~CJ,_5-..C~( [
Please return
following items
to DOS:
Complete Agreement
(3) signed and notarized signature pages
Signed Agreement Information Form
Signed Contract Administration Form
Address to
return to:
NYS Department of State
Contract Administration Unit
At-tn: Laurissa Parent
One Commerce Plaza
99 Washington Avenue - Suite 1010
Albany, NY 12231-0001
Town of Southold - Agreement #C006877
The Bittner Preserve Improvement Project
CONTRACT ADMINISTRATION UPDATE FORM
Please update/specify information for 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 Southold and
will receive original DO$ 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.
[] No updates necessmy
[] Please make the following updates:
Honorable Scott A. Russell
Supervisor
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971~ Oc~0~
~ Primary recipient of correspondence from DOS Phone Number:
Copy this person on correspondence from DOS
631-765-1889
Email Address: Fax Number:
scott, russell~town.southold.ny, us 631-765-1823
Mr. James McMahon Iff'Primary recipient of correspondence from DOS Phone Number:
Executive Assistant I~ Copy this person on correspondence from DOS
Town of Southold 631-765-1283
53095 Main Road .....................................................................................................................................................................................
PO Box 1179 Email Address: Fax Number:
,..~ .u.'.~ .O.1.~.,....N~.._.i i.9.y.i .~.....O...~.5.~' ................................. J..a...m..e.s.J I~ ~.n~.a..h..°. I~ .~. · t..°...w..n..2s.°, u-t.,h. °.! .d.:..n.Y. :..u.s. .................................... ..6..3.1...- .7.6...5.~ .0..!.5. ..................
Mr. John Cushman
Town Comptroller
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971
[] Primary recipient of correspondence from DOS Phone Number: '
[] Copy this person on correspondence from DOS
· 631-765-4333
Email Address: Fax Number:
john.cushman~town.southold.ny.us 631-765-1366
Please list up to (3) individuals who are authorized to execute amendments and/or sign payment requests for this project:
Name:
Name:
Name:
Signature of the Supervisor: __
Authorized for:
Titte:~Amendments?ate: qlO~ [0~ ['~ Payments?
FACE PAGE
STATE AGENCY (Name and Address):
NYS Department of State
One Commerce Plaza
99 Washington Avenue - Suite 1010
Albany, NY 12231-0001
CONTRACTOR (Name and Address):
Town of Southold
53095 Main Road
Southold, NY 11971
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
MUNICIPALITY #
NYS COMPTROLLER'S #: C006877
ORIG. AGENCY CODE: 19000
TYPE OF PROGRAM:
Environmental Protection Fund Act - 2007 LWRP
STATE SHARE FUNDING AMOUNT FOR
INIT/AL PERIOD $195,000
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $195,000
INITIAL CONTRACT PERIOD:
FROM:
TO:
APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General for all state contracts
APPENDIX A 1: Agency-specific clauses
Including Attachment 1 - Final Project Summary Report
Attachment 2- Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
Attachment 3 - Project Status Form
APPENDIX B: Budget
APPENDIX C: Payment and Reporting Schedule
APPENDIX D: Program Work Plan
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
This 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 establishment 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:
I. 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 Page attached and all of the marked appendices identified on the
Face Page hereof.
D. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, to the extent
that any require modification, and a Modification Agreement (the at~acbed Appendix X is the blank form to be
used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD oftbe
AGREEMENT.
To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate
appendix form(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the
approval of the Office oftbe State Comptroller. Any other modifications shall be processed in accordance with
agency guidelines as stated in Appendix A 1.
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 Work Plan (Appendix D) in
accordance with: provisions of this 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. If the 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.
G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence
over all other parts of this AGREEMENT.
II. Payment and Reporting
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 this 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 A 1.
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 agrees to cancel, prior to the effective date of any
prospective termination, as many outstanding obligations as possible, 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 this 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 accidents and/or
injuries to persons (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 indemni~ 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.
V. Property
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 Al.
VI. Safeguards for Services and Confidantialit¥
A. Services performed pursuant to this AGREEMENT am 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 this Agreement and in conformity with applicable
provisions of laws and regulations, or specified in Appendix A 1.
APPENDIX A
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the a~ached contract, license, lease, amendment or other
agreement of any kind (hereinafter, "the contract" or "this contract") 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. In accordance with Section 138 of
the State Finance Law. this contract may not be assigned by the Contmctur
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 112
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 163.6.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 REQUIREMENTS. 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 pmvisiuns, the Contractor will not discriminate against
any employee or applicant for employment beeansc of raee, 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 ofraee, 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
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 pay or provide the prevailing supplements,
including thc premium rates for overtime pay, as determined by the State
Labor Department in accordance with the 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 that, 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, thc 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 2401 et seq.) or regulations thereunder. If such
Contractor, or any of the aforesaid affiliates of Cuntrantor, 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 subsequent to the contract's
cxeeution, such contract, amendmcot or modification thereto shall bc
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-offany
moneys due to the Con,actor 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 moneta~ penalties relative thereto.
Thc State shall exercise its set-off rights in accordanee with normal State
practices including, in cases of set-offpursuant to an audit, thc finalization
of such audit by the State agency, its representatives, or the State
Comptroller,
June 2006
10. RECORDS: The Contractor shall establish and maintain complete
and accurate books, records, doenmenta, accounts and other evidence.
directly pertinent to performance under this contract (hereinafier,
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
thereal~er. 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 normal 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 "Statute") provided that: (i) the Contractor shall timely
inform 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.
11, 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 lessot'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) PRIVACY NOTIFICATION. (l) The authority to request the above
personal information from a seller of goods or services or a lessor of real
or personal property, and the authority to maintain such information, is
found in Section 5 oftbe State Tax Law. Disclosure of this information
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 information will be used for tax
administration purposes and for any other purpose authorized by law.
(2) The personal information 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 Aceounting Operations, Office of the State Comptroller, 110
State Street, Albany, New York 12236.
12. EQDAL 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 tatum
for labor, services, supplies, equipment, materials or any combination of
the foregoing to be performed for, or rendered or furnished to the
contracting agency; or (ii) a written agreement in excess of $100,000.00
whereby a contracting agency is committed to expend or does expend
funds for the acquisition, constrnction, demolition, replacement, major
repair or renovation of real property and improvements thereon; or (iii) a
written agreement in excess orS100,000.00 whereby the owner of a State
A-2
assisted housing project is eammit~ed 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 discrimina~ 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. Affirmative action shall mean recruitment, employment,
job assignment, promotion, upgradings, demotion, transfer, layoff, or
termination and rates of pay or 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, labor 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 affirmatively cooperate in the
implementation of the con~antor'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 312 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 State 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 determine whether the imposition of the
requirements of the provisions bereof duplicate or conflict with any such
federal law and if such duplication or conflict 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 oftbe 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 terms of this Appendix A, the terms of this
Appendix A shall control.
14. GOVERNING LAW. This contract shall be governed by the laws of
the State of New York except where the Federal supremacy clause requires
otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be
paid to Contractor for late payment shall be governed by Article 1 I-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 eampetent jurisdiction of the State of New York.
June 2006
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, retana 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
§ 165. (Use of Tropical Hardwoods) which prohibits purchase and use of
tropical hardwoods, unless specifically exempted, by the State or any
governmental agancy or political subdivision or public benefit corporation.
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 performed by any subcontractor,
the prime Contractor will 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 §165 State Finance Law. Any such use must meet with the
approval of the State; otherwise, 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 thc Laws
of 1992), the Contractor hereby stipulates that the Contractor either (a) has
no business operations in Northern Ireland, or (b) shall take lawfu~ 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, subcontrac~rs and suppliers on its
procurement contracts.
Information on the availability of New York State subcontractors and
suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St -- 7~ Floor
Albany, New York 12245
Telephone: 518-292-5220
Fax: 518-292-5884
hRp://www.empire.state.ny.us
A-3
A directory of certified minority and women-owned business enterprises
is available from:
NYS Department of Economic Development
Division &Minority and Women's Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
ht~p://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 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforts to provide notification
to New York State residents &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 contmets
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
counto', 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
jurisdietions 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 ofjurisdietions
subject to this provision.
22. PURCHASES OFAPPAREL. In 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, ifnnt
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.
June 2006
II.
APPENDIX A 1
Agency-Specific Clauses
This Agreement has been entered into pursuant to the following understandings:
A. Title 11 oftbe 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.
Based upon information, representations and certifications contained in Contractor's application for
funding, including the Program Work Plan as set forth in Appendix D, the Department has made a
determination of eligibility of funding for Contractor's project under such Act.
State funds (Funding Amount set forth on the Face Page) for this Project (Appendix D Program
Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 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 oftbe cost of the Project.
The 2007 "Request for Applications" required the Applicant to budget for costs associated with
training for projects which fall under the following categories: Visioning and Development of Local
or Regional Revitalization Strategies, Completing or Implementing a Local Waterfront Revitalization
Program, Preparing or Implementing Waterbody/Watershed Management Plans, Downtown and
Hamlet Revitalization, Urban Waterfront Redevelopment, Creating a Blueway Trail, Interpreting
Waterfront Resources - New York State Coastal Resources Interpretive Program.
Where Contractor is required to attend training session(s) in Appendix D, Program Work Plan, the
Contractor agrees to participate in the designated training session(s). The Department will notify the
Contractor when training session(s) will be held. The Contractor agrees to submit payment for the
required registration fee(s) in accordance with the notification letter from the Department.
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 registration fee(s) 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.
General
For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless
the context requires otherwise. In addition, the terms "Agreement" and "Contract" 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 incurred prior to the contract period will be eligible under this Agreement.
No liabilities are to be incurred beyond the contract period 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.
III.
Al-2
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, the Initial Contract Period of this
Agreement may be extended by up to two contract periods not to exceed twelve months each. The
parties shall revise or complete the appropriate appendix form(s), which may be subject to approval
of the Office of the State Comptroller.
To modify any terms of this Agreement within an existing period, the parties shall revise or complete
the appropriate appendix form(s), which may be subject to approval of the Office oftbe State
Comptroller.
The Department shall not be liable for expenses of any kind incurred in excess of the State Funds as
set forth on the Face Page, and shall not be responsible for seeking additional appropriations or other
souroes of funds for the Project.
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 regulations,
administrative and fiscal guidelines; where applicable, operating certificates for facilities or licenses
for an activity or program, and conditions of applicable permits, administrative orders and judicial
orders.
I. The Contractor shall submit with its request for final payment a Final Project Summary Report in the
format described in Appendix A 1, Attachment.
The Contractor agrees to proceed expeditiously with the Project and to complete the Project in
accordance with the timetable set forth in the Work Plan (Appendix D) as well as with the conditions
&any applicable permits, administrative orders, or judicial orders and this Agreement.
The Contractor shall submit a Quarterly Contractor Report (Appendix Al, 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 Al, such report shall be provided to the Department at the address on the Quarterly
Contractor Report.
The Contractor shall submit a "Project Status Report" (Appendix Al, 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.
Additional Requirements for Construction Projects
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.
VI.
Al-3
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.
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.
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 fi'om the contractor or subcontractor, and must maintain
such documentation on file for audit.
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 11 of the Environmental Protection Fund Act."
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.
Contractors Insurance Requirements
Prior to the commencement of the work, the Contractor shall file with the Department of State,
Certificates of Insurance 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.
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, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231-0001;
Al-4
and shall name the People of thc State of New York and their directors officers, agents, and
employees as additional insured thereunder.
The Contractor shall be solely responsible for the payment of all deductibles to which such policies
are subject.
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.
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.
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.
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 thbse 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, the
Contractor shall provide suitable evidence of such to the Department relating to the risks and
coverage amounts as provided hereunder.
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.
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.
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 project cost.
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.
VII.
Al-5
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.
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 the Department held in
their care, custody and/or control.
6. An Owners Protective Liability Policy with limits no less than $1,000,000 in the name of the
Contractor.
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.
Property
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.
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/or rights-of-way sufficient to
assure undisturbed use and possession for the purposes of construction and operation for the
estimated life of the Project. Contrac'tor 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
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.
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.
XI.
Al-6
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/developers 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.
Fees
The Contractor may charge a reasonable fee for the use of any facility which is part of the project.
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
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.
Alienation
Where the project is undertaken on or involves parklands or public waterfront land, the following
additional provisions apply:
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.
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.
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. Compliance 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 § 104-b, which requires such contracts to comply with the
procurement policies and procedures of the municipality involved. All such contracts shall be
Al-7
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.
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 § 103
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 § 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:
Map Products -- The Department 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.
Deliverable Format -- All digital map and attribute table.files must be provided in Maplnfo 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 t~p site on the Interact.
Alternatively, the digital products may be provided in Arclnfo/GIS export format (.e00) or
ArcView shape file format on the same media types upon approval oftbe Department. All other
digital formats require prior approval oftbe Department. Coordination with the Department prior
to submission of digital media is required to ensure compatibility of the delivered materials.
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".
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 1:24,000, this tolerance translates to
a required horizontal accuracy of 40 feet. If by prior agreement with the Department 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 Mannine Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office,
Appendix 6.
Al-8
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:
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 -- AIl features that share a common boundary, regardless of map layer,
must have exactly the same coordinate position of that feature in all common layers.
3. Point Duplication -- No duplication of points that occur within a data string is permitted.
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.
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.
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 (.001) ora 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 larg~ scalel 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.
1. Base Map Media -- 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 Department, all maps should be compiled at 1:24,000. If other map
scales are approved by the Department, where possible they will conform to standard map scales
such as 1:9600; 1:50,000; 1:75,000; or 1:100,000.
Al-9
Map Registration -- The maps must provide a minimum of four (4) coroer and four (4) interior
ticks tied to USGS/NYSDOT quadrangle Lal/Long or NYTM coordinates. The maps must be
geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT
quadrangle control ticks.
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.
Cartographic Quality -- The quality of all map linc'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
1. Delivery Media -- All database and tabular files must be provided on digital media as specified
above in Deliverable Format.
Software Format - Database and tabular files can be provided in Corel Quattro, Microsoft Excel
or Microsoft Access format. Other formats that am convertible to one of the aforementioned
formats may be used with prior approval of the Department.
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.
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 terminate 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.
During the term of this Agreement and for a period of six years after its termination, 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 Employment Opportunity
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.
Al- 10
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 Quarterly Contractor Report is required to be submitted to the
Minority and Women-owned Business Program of the Department on forms provided by the Department,
as set forth in Appendix Al, 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
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 $100,000 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 rome 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 Equal
Em;>lovment Onoortunitg (EEO) Policy 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 Policy
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 pay or
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
Al-11
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 Policy 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 Policy 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
Emplovmant 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 Directory of
Certified Minority and Woman-owned Business Enterprises on-line through the Empire State
Development website at: http://www.empire.state.ny.us and click on NY BIZ. From the list on the top
left oftbe page, click on Small and Growing Business and, from that drop-down menu, click on: Minority
and Women-Owned Business. On the top of the page click on the heading "MWBE Directory."
The Department makes no representation with respect to the availability or capability of any business
listed in the Directory.
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 Project.
XVIII. Submission of all correspondence and documentation
A. Unless otherwise stated in Appendix D, the Contractor agrees to provide the Department with the
required products in the following formats. All products and shall include the NYS Comptroller's #
as indicated on the Face Page of this Agreement and where applicable, reflect the Task # it relates to
in the Appendix D.
1. Draft products: two paper copies ofeach product must be submitted.
2. Final products: two paper copies of each product must be submitted. In addition all final
products (including reports, designs, maps, drawings, and plans) must be submitted as an
electronic copy (in Adobe® Acrobat~ Portable Document Format - PDF), created using 300 dpi
scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with
the contractor name, contract #, and project title.
3. Pictures and photographs must be dated and captioned with the location and a brief description of
the activity being documented.
Al- 12
B. Contractor agrees to provide the Department with original and one copy of payment request
documentation as described in Appendix C.
XIX. Environmental Review
A. Contractor agrees to provide the Department, in a timely manner, with all documentation, including
but not limited to, permit applications, environmental assessments, designs, plans, studies,
environmental 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. In 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 Termination
A. The Department may terminate the Agreement in accordance with the terms and conditions in
Section lII.
In addition to whatever other reserved fights it has to terminate the Agreement, the Department may
terminate the Agreement when it is in the best interests of the State or (1) for cause, (2) for
convenience, or (3) due to unavailability of funds.
If the Department determines the Contractor has breached a term of the Agreement and if the
Department determines 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
termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do
so as determined by the Department to the Department's satisfaction, the Department may terminate
the Agreement for cause.
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.
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 oftbe 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. Fully-Executed Agreement or Amendment Thereto
A. If this Agreement, or amendments thereto, allocates funds totaling $50,000 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 $50,000, it shall be
deemed to be fully executed when approved by the Office of the State Comptroller.
Al, Attachment I
FINAL PROJECT SUMMARY REPORT
Final payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State, Office of
Coastal, Local Government and Community Sustainability of this Final Project Summary Report along with the requisite
documentation. In addition ~ the other requirements of the contract, the grant recipient is responsible to relay the
importance, the significance and the value of the completed project to the community, the region 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:
Actual Project Costs:
a. State funds expended (identify source, eg. EPF, Clean Water/Clean Air
Bond Act, etc.):
b. Local funds expended:
c. Other funds expended:
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 community):
7. Project Work (briefly describe the work that was done to complete the project):
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 Measurable Results: To be completed on forms attached.
10. Projeot Documentation: The Department of State, Offtce of Coastal, Local Government and Community Sustainability
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 digital 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 markem, 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:
1 For design projects, visuals of renderings and/or graphics that depict the final product.
[] For planning projects, visuals of any graphii:s, where appropriate, that illustrate the final product.
[] For construction projects, visuals of work in progress and the finished project.
In addition to the 35mm color slides/digital camera disc, a video (vhs format) of the project with a verbal description is
desirable but not mandatory. The video may be used in a future documentary.
Al, Attachment 2
NYS Department of State · Minodty 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 Pregrem 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
i( )
NAME end TITLE of CONTACT PERSON (Please Print) i TELEPHONE NUMBER
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS
[] MBE $
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[3 MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
PAGE 1 of
Project Status Form
RECIPIENT
PROJECT TITLE
CONTRACT #
Al - Attachment 3
Status Report Date:
Task Brief Task Date of Percent of
# Description A/T Completion 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 rel}ortine I}eriod:
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. Supplies/Materials
D. Equipment
E. Contractual Services
F. Other
$0.00
$0.00
$15,000.00
$0.00
$180,000.00
$195,000.00
TOTALPROJECTCOST
$390,000.00
Total State Funds
Total Local Share
$195,000.00
$195,000.00
Appendix B (Budget Detail Sheet)
B-2
IIA. SALARIES & WAGES
TITLE
CHARGED TO THIS
PROJECT
ANNUAL
SALARY
SUBTOTAL $0.00
B. TRAVEL II
SUBTOTAL $0.00
C. SUPPLIES/MATERIALS
Stone blend ................................................................ $10,000
Landscaping materials ......................................................... $5,000
SUBTOTAL $15,000.00
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES [[
II
Demolition and removal o~ existing structures
SUBTOTAL $180,000.00
F. OTHER
Portion of value of B ittner parcel acquisition
SUBTOTAL $195,000.00
APPENDIX C
Payment and Reporting Schedule
I. Payment Schedule
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.
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.
Payment provided above shall be made to the Contractor up6n the submission by the Contractor
of properly executed payment request. Such request shall contain the following: (1) "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.
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 project costs may be reduced if the percentage of task
completion is deemed insufficient.
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.
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.
Il. Reoortine
Payment requests as described in I.B. 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.
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..
Payment requests shall be submitted to:
New York State Department of State
Office of Coastal, Local Government & Community Sustainability
One Commerce Plaza - Suite 1010
Albany, New York, 12231-0001
Claimed expenditures must be in accordance with the project budget in Appendix B. Any expenditure
which causes a deviation from the budgeted amount for any category of greater than 10% may be
subject to approval by the Office of the State Comptroller. No expenditures shall be allowed for items
not set forth in the project budget.
C-2
III.
A.
Other
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.
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.
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.
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.
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
PROGRAM WORK PLAN
Contractor:
Contract Number:
Program Contact Person:
Phone:
Fax:
Town of Southold
C006877
James McMahon
631.765.1283
631.765.9015
The Bittner Preserve Improvement Project
1. Project Description:
The Town of Southold (the Contractor), in partnership with Suffolk County, will construct improvements
on the 58-acre Bitmer Preserve parcel, located on Long Island Sound between Goldsmith Inlet and
Peeonic Dunes County Park. The project will provide new public access to 1,400 linear feet of
waterfront, and protect mature woodland, secondary dune, shrubland, and freshwater pond and wetland
habitats. Work will include removal of existing structures, dune vegetation plantings, and construction of
a parking area and improvements to an existing nature trail in line with plans prepared by the Town of
Southold. Local match will be provided in the form of property acquisition.
2. Project Attribution and Number of Copies
The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the
contributions of the Department of State (Department) 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
with funds provided under Title 11 of the Environmental Protection Funa[ "
The Contractor must submit to the Department all required products, clearly labelled with the NYS
Comptroller's Contract # as indicated on the Face Page of this Agreement and where applicable, the
related Task # from this Work Plan. The Contractor shall submit:
Drafi products: two paper copies of each product.
Final products: two paper copies of each product. In addition, all final products (including
reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in
Adobe® Acrobat~ Portable Document Format - PDF), created using 300 dpi scanning
resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the
contractor name, contract #, and project title.
Pictures and photographs must be dated and captioned with the location and a brief description of
the activity being documented.
The contributions of the Department must also be acknowledged in community press releases issued for
the project. Project press releases shall be submitted to the Department for review and approval prior to
release to ensure appropriate attribution.
D-2
Compliance with Procurement Requirements
The municipal attorney, chief legal officer, or financial administrator for the municipality (Contractor)
shall certify to the Department that applicable public bidding procedures of General Municipal Law § 103
were followed for all construction contracts involving more than $20,000 and more than $ I 0,000 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 § 104-b were fully complied with.
4. Project Components
Task 1:
Initial Project Scoping Meeting
The Contractor, the NYS Department of State (Department), 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 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. In
addition, the composition ora project advisory committee shall be discussed during initial
project scoping. The Contractor, or a designated project parmer, 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 the Department's
approval oftbe proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 2:
Documentation of Land Acquisition and Appraisal
The Contractor shall provide the Department with documentation of its acquisition of the Bitmer
Preserve pm'eel and an appraisal of its value.
Products: Proof of Public Ownership and Appraised Value of Land
Task3:
Review and Approval of Plans, Designs and Permits for Demolition and Site
Improvements
The Contractor shall provide the Department for review and approval the previously completed
plans and designs for demolition and removal of existing structures and improvements to the site
and copies of permits and SEQRA documentation.
Products:
Previously completed plans and designs for Department review and approval.
Copies of permits and SEQRA documentation.
Task 4: Public Meeting
In consultation with the Department, a public information meeting shall be conducted to solicit
public input on the scope and nature of the improvements to the Bittner Preserve. A written
D-3
summary of public input obtained at this meeting shall be prepared and provided to the
Department for review and comment.
Products:
Public information meeting held. Minutes/Summary of meeting prepared and
submitted to the Department.
T~k5:
Demolition Bid Documents
The Contractor shall prepare demolition bid documents. The demolition bid documents shall be
provided to the Department and the project advisory committee for review at least two weeks
prior to the due date for comments. Demolition bid documents are subject to approval by the
Department. These documents must be certified by a licensed professional engineer, licensed
architect, or landscape architect and the appropriate seal must be affixed to these documents.
Products:
Demolition bid documents, certified by a licensed professional engineer,
licensed architect or landscape architect.
Task 6:
Bid Process and Selection of Demolition Subcontractor
The Contractor shall distribute bid documents to select a demolition construction subcontractor
or subcontractor(s). The Contractor or its consultant(s) shall select the demolition subcontractor
or subcontractor(s) from the bid respondents and shall prepare a draft contract or contract(s) to
conduct the work with the selected demolition 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 project milestones), and a project
cost. The Contractor must certify to the Department that applicable public bidding procedures of
General Municipal Law were followed for the selection of all construction or other
subcontractors.
The Contractor shall submit the draft subcontract(s) to the Department for review and approval,
and shall incorporate the Department's comments in the final subcontract(s). A copy of the final,
executed subcontract(s) shall be submitted to the Department.
Products:
Executed construction subcontract(s). Written certification of procurement
procedures.
T~k7:
Demolition of Existing Structures
After receipt of all necessary permits, the Contractor or its construction subcontractor(s) may
begin demolition work. The Contractor or its subcontractor(s) shall notify the Department
monthly (or more frequently) in writing of work progress, including any delays which have
occurred.
Products: Written work progress reports. Photo-documentation of demolition.
Task 8:
Purchase of supplies and materials and completion of site improvements
The Contractor shall purchase stone blend and landscaping materials necessary for planned
improvements to the site to be undertaken by thc Contractor. The Contractor shall notify the
Department monthly (or more frequently) in writing of work progress, including any delays
which have' occurred.
D4
The municipal attorney, chief legal officer or financial administrator of the municipality shall
certify in writing to the Department that applicable provisions of General Municipal Law were
fully complied with relative to the purchase of supplies and materials for improvements to the
site.
The Contractor's procurement certification is subject to approval by Department.
Products:
Purchase of supplies and materials for site improvements. Written certification
of compliance with procurement requirements. Written work progress reports.
Photo-documentation of site improvements. Completion of site improvements.
Task 9:
Project Completion
The Contractor shall submit a statement that the work has been completed in accordance with the
contract and subcontract(s). The completion statement must be prepared and/or certified by a
licensed professional engineer, architect or landscape architect. Unless otherwise specified
during project scoping meeting, the Contractor shall submit three sets of as-built plans, certified
by a licensed professional engineer, licensed architect or landscape architect. When the
Contractor is satisfied work is complete, it shall submit a final project report to the Department,
including a copy of the completion statement and a copy of the certified as-built plans, and
photo-documentation in the form of digital images of the site prior to, during and upon
completion of work. The Contractor shall not pay its consultant(s) or subcontractor(s) in full,
and shall not submit a final payment request to the Department, until the Department's concurs
that the work is complete.
Products:
Statement of completion, certified as-built plans, and final project report
including photo-documantation.
Task 10: Semi-annual l(eporting
The Contractor or its consultant(s) shall submit to the Department semi-annual reports (every six
months) on the form provided, including a description of the work accomplished, any problems
encountered, and any assistance needed.
Products: Semi-annual reports during the life of the contract.
Task 11: Final Project Summary Report and Measurable Results forms
The Contractor or its consultant(s) shall work with the Department project manager to complete
the Final Project Summary Report and Measurable Results forms. Final payment shall not be
authorized until these forms have been completed and filed with project deliverables.
Products: Completed Final Project Summary Report and Measurable Results forms.
6. Project Management Responsibilities
The Contractor shall administer the grant, execute a contract with the Department, 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.
D-5
The Contractor:
will be responsible for conducting all project work in conformance with the Work Plan included
in the executed contract with the Department.
will be responsible for all project activities including drafting request for proposals and
managing subcontracts with consultants and subeonsultants.
will certify to the Department that the procurement record for project consultants and
subcontractors complies with the applicable provisions of General Municipal Law.
will receive approval from the Department for any and all consultant subcontracts before
beginning project 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 Department informed of all important meetings for the duration of this contract.
will receive approval from the Department 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 Department logo,
feature the Secretary of State and the Governor, and acknowledge the contributions of the
Department 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 Department and the project 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 Department will not be reimbursed
unless and until the Department finds the work or products to be acceptable.
will participate, if requested by the Department, 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 Department:
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 meeting 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.
APPENDIX X
Agency Code: 19000
Contract Period:
Contract No.: C006877
Funding for Period; $195,000
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 99 Washington Avenue, 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 C006877, as amended above and
in atlached Appendice(s)
Terms and conditions of this amendmem are subject to continued availability of funds for this contract.
All other provisions of ~aid 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 Agency Certification: "In addition to the acceptance of this con~act, I also certi~ that original copies of this signavare page will be attached
to all other exact copies of this contract.M
State 'of New York )
County of )ss:
On this day of ,20 , before me personally came
to me 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 and s~reet number, if any, thereof); 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 be/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 Compltoller
By:
Date:
JAMES C. McMAHON
Director
Telephone (631) 765-1283
Fax (631) 765-9015
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TOWN OF SOUTHOLD
DEPARTMENT OF PUBLIC WORKS
MEMO
R~CZlY~D
TO:
FROM:
SUBJECT:
DATE:
$ou.'.:~o~ Town Clerk
Supervisor Scott A. Russell & Town Board Members
Melissa Spiro, Land Preservation Department
Jim McMahon, Director, DPW
Bittner Preserve - Demolition Project
November 20, 2009
Over the last few weeks, I have been monitoring the demolition of the house and
pool/pool house at the Bittner Preserve. The contactor has completed this phase of the
project and did an excellent job.
The contractor has started on the removal of the metal bulkhead that is behind the
wooden bulkhead (see attached site plan). In looking at the material that has been
excavated, around the metal bulkhead, it is evident that this area has been backfilled with
material that has a lot of brick, metal, concrete and other miscellaneous debris and it
looks like the material behind the wooden bulkhead contains the same type of unsuitable
material.
This undesirable material would spread be all over the beach, once the wooden bulkhead
is removed and it is the consensus of all those that have visited the site that this material
on the beach would be totally unacceptable and should be prevented.
I have reviewed several options with Jamie Richter, Peter Hah'is and Scott Corwin
(contractor) and suggest the following:
· The contractor stock pile all of the material excavated from behind the metal and
wooden bulkhead in an area that is outside the reach of winter storms.
· All of the excavated material will be screened to remove concrete, brick, metal
and other debris.
· The contractor will use the clean sand to create a dune profile, similar to the
adjoining dune system. It is estimated that 5,000 to 10,000 cubic yards of
material will get into the littoral drift, once the bulkhead is removed. The key will
be to have this material replenish the beaches, to the east and west of the Bittner
Preserve, over a number of storm events and not be lost in one storm event.
· The Town of Southold will plant the newly created dunes, with beach grass,
beach plum, etc., once a new dune line is established.
The cost of screening sand is $2,000 per day or $10,000 per week. This includes 2 men,
a screening plant, (supplied by the contractor) and 2 machines (an excavator and pay
loader).
The maximum estimated cost of screening sand is $40,000 (4 weeks ~ $10,000 per
week). The screen operation will be monitored daily and if the process moves at a
faster rate, this amount will be reduced accordingly.
The screening of sand is not in the existing scope of work and would be an
amendment to the original Agreement. The amendment would be for an amount
not to exceed $40,000.
NOTE: This project is funded, in full, by a grant from the New York
State Department of State and is within the scope and budget of the
Bittner Preserve Demolition Project.
If you have any questions on the above, please give me a call
Note: ALL MISCELLANEOUS BULKHEAD
MATERIAL ENCOUNTERED BEHIND THE
CURRENT STRUCTURE SHALL BE
REMOVED IN THERE ENTIRETY.
.I
0
I
O
I
I
I
I
0
N. 43 34' 30" W.
0
S. 43 34' 30" E.
ALL NEW PLANTING AND LANDSCAPING
WITH NATURAL VEGETATION SHALL BE
LANDWARD OF SPRING HIGH WATER.
POOL & BRICK PATIO
N. 45 13' 30" W.
SINGLE FAMILY RESIDENCE
MASONRY & WOOD FRAME
APPROXIMATE LINE OF NEW DUNE SYSTEM.
RECONSTRUCTION OF DUNE AND PLANTING WITH
NEW NATIVE SPECIES SHALL BE LANDWARD OF
SPRING HIGH WATER MARK.
"A- 1 a"
SITE PLAN DETAIL
EXISTING CONDITIONS
SCALE: 1" = 50'
Drawing:
A-2