HomeMy WebLinkAboutStormwater Management Phase II - PRELIMINARYRESOLUTION 2007-916
ADOPTED
DOC ID: 3352
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-916 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 4, 2007:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott Russell to submit a grant application~ for funding under the 2007-2008
Local Waterfront Revitalization Program~ Environmental Protection Fund~ for the
Stormwater Management in the Town of Southold~ Phase II
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSi
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr.; Edwards, Ross, Wickham, Evans, Russell
MARTIN D. FINNEGAN
. , ~. TOWN ATTORNEY
martin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
j ennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town H~lAnnex, 54375Route 25
P.O. Box 1179
Southold, New York11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
REC£1¥ )
October 30, 2009
S=u' hold Town C! rk
New York State Department of State
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231-0001
Attention: Ms. Laurissa Parent, Secretary 1
Office of Coastal, Local Government and Community Sustainability
Re:
Agreement #C006878
Stormwater Management in the Town of Southold Phase II
Dear Ms. Parent:
Pursuant to your letter dated September 11, 2009 in connection with the
referenced matter, I am enclosing three signature pages, Agreement Information Form,
and Contract Administration Update Form, all of which have been executed by
Supervisor Russell. Kindly send us a fully executed original Agreement for our records
as soon as it is available.
If you have any questions regarding this matter, please do not hesitate to call me.
Very truly yours,
Secretary to the Town Attorney
Ilk
Enclosures J
cc: Ms. Elizabeth Neville, Town Clerk (w/encls.)
Mr. John Cushman, Comptroller (w/encls.)
Mr. Mark Terry, Principal Planner (w/encls.)
Town bf Southold - Agreement #C006878
Stormwater Management in the Town of Southold Phase II
Agreement Inf6rmation Form
On the Face Page, is the Contractor's address correct?
If incorrect, please provide the correct address:
(9.0- Dox
YEs (59.D
On the Face Page, is the Federal Tax 1D # shown correctly?
If incorrect (or missing) please provide the correct Federal Tax ID #:
Have any costs shown in Appendix B been incurred and/or any tasks in Appendix D began?
NO
~fanyc~stssh~wninAppendixBhavebeenincu~edand~ranytasksinAppendixDhavebe~n~p~easepr~videbrief
description:
During the Summer of 2009~
water data collection and
and will be submitted
the Town of
inventory. Products have been qenerated
upon contract acceptance.
NO
Enter proposed start date for contract: ~L~ ax-~ ~ OO ~
Note: If costs have been incurred, the start date must reflect the date you bega~t incur~ring those costs '(including match).
Enter proposed end date for contract:
Note: The initial contract term cannot exceed three years.
Signature of the Supervisor: ~/~O~.~'(
Printed Name of the Supervisor:
NOTE: For DOS to process the Agreement, this form must be completed in it's entirety.
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
Attn: Laurissa Parent
One Commerce Plaza
99 Washington Avenue - Suite 1010
Albany, NY 12231-0001
~ Town'of Southold - Agreement #C006878
Stormwater Management in the Town of Southold Phase II
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 reciptent. The primary recipient must be an employee of the Town ofSouthold 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 necessary
[] Please make the following updates:
Honorable Scott A. Russell i ~- Primary recipient of correspondence from DOS :" Phone Number:
Supervisor i ~ Copy this person on correspondence from DOS
Town of Southold ~ 631-765-1889
53095 Main Road '~ ..................................................................................................................................................................................
PO Box 1179 i Email Address: Fax Number:
Southold, NY 11971- o?,ff7 '
scott, russell~town.southold.ny, us 631-765-1823
/ i Primary recipient ofcorrespondence from DOS ! Phone Number:
' ~- '-' ~O~r~fi'~fa'' ! i [] Copy this person on correspondence from DOS ]
Town of Southold {'/~ ~/~.~ i 631-765-1293
53095 Main Road .......................................................................................................................................................................................
PO Box 1179 Email Address: Fax Number:
Southold, NY 11971 - o ~',5'? _O~x~,; acet--~/._ _
4mm~vn~,,mago~town.sout hold.ny.us 631-765-90~,
Mr. John Cushman
Town Comptroller
Town of Southold
53095 Main Road
PO Box 1179
Southold, NY 11971~O~',Y~
~rimmy recipient of correspondence from DOS Phone Number:
opy 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/o}' sign payment requests for this project:
Nalne~
Title:
Signature of the Supervisor: ~ Date:
Authorized for:
Amendments7 [---'-~Pa~ents?
Amendments? Payments?
Amendments? ~] Payments?
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
Contract No. C006878
CONTRACTOR
Town of Southold
(Print Name)
Title:
Date:
STATE AGENCY:
New York State Department of State
By:
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York
County of _~ ct.~ ( ~-~ ~ss:
Onthis q~7 dayof ~p~ , 20~ before me personally came
. ~ ~. ~r~[ to me ~own, who, being by mc duly sworn, did depose ~d say ~at
h~reside(s)in ~ ~ ~ . ~ (iftheplace
of resident is in a ci~, include the street and stre~umber, if any, thereoO; that he~ is(~) the
~U~O ~ (title ofofficer or employee) ofthe ~ ~ ~r~(name
of mun~ipal co~oration), described in and which executed the above ins~ument; and that he/ckz.t:.[zT'si~ed
his~or/tBz~r name~ ~ereto by authori~ of the governing body of said municipal co~oration.
ATTORNEY GENERAL:
! - NOTARY PUB(LIC
Approved:
LINDA J CooPER
NOTARY pUBLIC, state o! New York
NO. 01CO4822563' Suffolk Cotr~.~
T~rm E~pires December 31, 20~Z.
Thomas P. DiNapoli
State Comptroller
Title: By:
Date: Date:
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
CONTRACTOR
Town of $outhold
A.
Contract No. C006878
STATE AGENCY:
New York State Department of State
By:
(P~int Name)
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all Other exact copies of
this contract."
ACKNOWLEDGMENT
State of New York )
County of ( K._ )ss:
On this o~O'~ dayof ~D~ ,~O0~,beforemepersonallyc~e
~ ,A. ~c~e~ ~[ to me ~own,.who, ~eing by me duly sworn, aid ~d ~y that
he/~ reside(~) in C~&~ o ~. ~ (if ~e place
of resident is in a ci~, include the street ~d street numar, if any, thereo0; that he/ehc/~:y is(are) the
~ ~O~ (title of officer or employee} of the ~tO~ ~ ~o~[~ (nme
of municipal co~oration), described in and which executed the above ins~ument; and that he/~si~ed
h~s ............ nme(~ thereto by au~ori~ of the governing body of said municipal co~oration.
LIN ,~ ol New york
~tato
t4OTa~V pUBu~, ~ ' I~ Cou,,~
"' 04822563, SuftO ~})~
NO. 01C ~ ~ember 31, 20~
Xerm Expires ue~
ATTORNEY GENERAL:
Title:
Date:
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date:
IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
Contract No. C006878
Title:
Date:
CONTRACTOR
Town of Soothold ~
(Print N~a¢)
STATE AGENCY:
New York State Department of State
By:
(Print Nme)
Title:
Date:
State Agency Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
ACKNOWLEDGMENT
State of New Y...qrk .
County of ...Dt.K .'{~ ((~_
Onthis ~/ dayof ~~ ,20~beforemepersonallycme
~~ .~_ ~~ m me known, who, being by me duly sworn, did depose and say that
he/~reside(~)in C~ ~ ~0 i ~ ~ (if~eplace
of resident is in a ci~, include the street and street number, if any, thereoO; that he/~ is(~) the
~o~ t~ ~o ~(title of officer or employee) of the ~cM~ ~ ~~(name
of muni~ co~oration), described in and which executed the above ins~ment; and that he/~ si~ed
his~ nme(~ thereto by authoriW of the governing body of said municipal co~oration.
LINDA J COOPER
NOTARY FOBLIC, State of New York
NO. 01CO4822563, Suffolk Coul~y
Term Expires December 31,
ATTORNEY GENERAL:
Title:
Date:
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date:
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-OC?ff-7
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
MUNICIPALITY #
NYS COMPTROLLER'S #: C006878
ORIG. AGENCY CODE: 19000
TYPE OF PROGRAM:
Environmental Protection Fund Act - 2007 LWRP
STATE SHARE FUNDING AMOUNT FOR
I2~ITIAL PERIOD $80,000
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $80,000
INITIAL CONTRACT PERIOD:
FROM:
TO:
APPENDICES ATTACHED TO A_ND PART OF THIS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General for all state contracts
APPENDIX A 1:
Including
Agency-specific clauses
Attachment I - Final Project Summary Report
Attachmen, t 2- Minority and Women-owned Bffsiness Enterprises (MWBE) Program
Quarterly Contractor Report
Attachment 3 Project Status Form
Attachment 4 - Procurement Certification
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 attached Appendix X is the blank form to be
used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the
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 of the State Comptroller. Any other modifications shall be processed in accordance with
agency guidelines as stated in Appendix Al.
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 responslbility for the acts and omissions of its subcontractors. Nothing in the
subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be
deemed to exist between the subcontractor and the STATE.
2
G. Appendix A. (Standard Clauses as required by the Attorney General for all State contracts) takes precedence
over all other parts of 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 wi!hout approval by the STATE.
F. The STATE shall be responsible for payment on claims pursuant to services provided and costs incurred
pursu~mt 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 indemnify and
hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of every
nature arising out of the provision of services pursuant to this AGREEMENT.
B. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer,
employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon
any different status.
V. Property
Any equipment, furniture, supplies or other property pumhased 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 Confidentiality
A. Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner
that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in
general or particular religious beliefs.
B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for
activities that may influence legislation or the election or defeat of any candidate for public office.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be
maintained and used only for the purposes intended under this Agreement and in conformity with applicable
provisions of laws and regulations, or speci ~fied in Appendix Al.
APPENDIX A
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment or other
agreement of any kind (hereinafier, !'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 Contractor
or its right, title or interest therein assigned, transferred, conveyed, sublet
or othermise disposed of without the previous consent, i~ 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 Ganeml 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 thc 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 provisions, the Contractor will not discriminate against
any employee or applicant for employment because of race, creed, color,
sex, national origin, sexual orientation, age, disability, genetic
predisposition or carrier status, or marital status. Furthermore, in
accordance with Section 220-e of the Labor Law, if this is a contract for
the construction, alteration or repair of any public building or public work
or for the manufacture, sale or distribution of materials, equipment or
supplies, and to the extent that this contract shall be performed within the
State of New York, Contractor agrees that neither it nor its subcontractors
shall, by reason of race, creed, color, disability, sex, or national origin: (a)
discriminate in hiring against any New York State citizen who is qualified
and available to perform the work; or (b) discriminate against or intimidate
any employee hired for the performance of work under this contract. If
this is a building service contract as defined in Section 230 of the Labor
Law, then, in accordance with Section 239 thereof, Contractor agrees that
neither it nor its subcontt'actom 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 tu 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 the 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. Ia accordance
with Section 220-f of the Labor Law and Section 139-h of the State
Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a
material condition of the contract, that neither the Contmctur 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 Contractor, is convicted or
is otherwise found to have violated said laws or regulations upon the final
determination of the United States Commerce Department or any other
appropriate agency of the United States subsequent to the contract's
execution, such contract, amendment or modification thereto shall be
rendered forfeit and void. The Contractor shall so notify the State
Comptroller within five (5) business days of such conviction,
determination or disposition of appeal (2NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law,
equitable and statutory rights of set-off. These rights shall include, but not
bc limited to, the State's option to withhold for the purposes ofset-offany
moneys due to the Contractor under this contract up to any amounts due
and owing to the State with regard to this contract, any other contract with
any State department or agency, including any contract for a term
commencing prior to the term of this contract, plus any amounts due and
owing to the State for any other reason including, without limitation, tax
delinquencies, fee delinquencies or monetary penalties relative thereto.
The State shall exercise its set-offrights in accordance with normal State
practices including, in cases ofset-offpursuant to an audit, the 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, documents, accounts and other evidence
directly pertinent to performance under this contract (hereina~er,
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
therea~er. The State Comptroller, the Attomey 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 Cohtractur 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.
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 properly to a
New York State agency must include the payee's identification number,
i.e., the seller's or lessor's identification number. The number is either the
payee's Federal employer identification number or Federal social security
number, or both such numbers wheff 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. (1) The authority to request the above
pers6nal 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 of the State Tax Law. Disclosure of this information
by the seller or lassor 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 properly covered by this contract or lease. The information is
maintained in New York State's Central Accounting System by the
Director of Accounting Operations, Office of the State Comptroller, 110
State Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES
AND WOMEN. In accordance with Section 312 of the Executive Law,
if this contract is: (i) a written agreement or purchase order instrument,
providing for a total expenditure in excess of $25,000.00, whereby a
contracting agency is committed to expend or does expend funds in return
for labor, services, supplies, equipment, materials or any combination of
the foregoing, to be 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, construction, demolition, replacement, major
repair or renovation of real property and improvements thereon; or (iii) a
written agreement in excess of $100,000.00 whereby the owner of a State
A-2
assisted housing project is committed to expend or does expend funds for
the acquisition, constmction, demolition, replacement, major repair or
renovation of real property and improvements thereon for such project,
then:
(a) The Contractor will not discriminate against employees or applicants
for employment because of race. creed, color, national origin, sex, age,
disability or marital status, and will undertake or continue existing
programs of affirmative action to ensure that minority group members and
women are afforded equal employment opportunities without
discrimination. Affirmative action shall mean recmitment, 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 f~rnish 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 contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or advertisements for
employees, that, in the performance of the State contract, all qualified
applicants will be afforded eq?al employment opportunities without
dis6rimination because of race, creed, color, national origin, sex, age,
disability or marital status.
Contractor will include the provisions of"a", "b", and "e" 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 th6
requirements of the provisions hereof 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 of the Governor's Office of Minority and
Women's Business Development pertaining hereto.
13. CONFLICTING TERMS. In the event ora 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 con'tract 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 11-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 statutofily authorized), but must, instead, be
heard in a court of competent 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 CCPLR"), Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder shall be complete upon
Contractor's actual receipt of process or upon the State's receiprof the
return thereof by the Uni~:d 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 afl.er service hereunder is
complete in which to respond.
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants that ail 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 ~f
tropical hardwoods, unless specifically exempted, by the State or any
governmental agency or political subdivision or public benefit corporation.
Qualification for an exemption under this law will be the responsibility of
the contractor to establish [o 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 Contrac~tor 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 the Laws
of 1992), the Contractor hereby stipulates that the Contractor either (a) has
no business operations in Northern Ireland~ or (b) shall take lawful steps
in good faith to conduct any business operations in Northern Ireland in
accordance with the MacBride Fair Employment Principles (as described
in Section 165 of the New York State Finance Law), and shall permit
independent monitoring of compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of
New York State to maximize opportunities for the participation of New
York State business enterprises, including minority and women-owned
business enterprises as bidders, subcontractors and suppliers on its
procurement contracts~
Information on the availability of New York State subcontractors and
suppliers is available fi.om:
NY8 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
http://www.empire.state.ny.us
A-3
A directory of certified minority and women-owned business enterprises
is available fi.om:
NYS Department of Economic Development
Division of Minority and Women% Business Development
30 South Pearl St -- 2nd Floor
Albany, New York 12245
Telephone: 518-292-5250
Fax: 518-292-5803
http:#www.empire.state.ny.us
The Omnibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the
participation of New York State Business Enterprises as suppliers and
subcontractors, including certified minority and women-owned business
enterprises, on this project, and has retained the documentation of these
efforts to be provided upon request to the State;
(b) The Contractor has complied with the F6derai Equal Opportunit~ Act
of 1972 (P.L. 92-261 }. as amended;
(c) The Contractor agrees to make reasonable efforts m provide notification
to New York Sta~ residents of employment opportunities on this project
through listing any such positions with the Job Service Division of the
New York State Department of Labor, or providing such notification in
such manner as is consistent with existing collective bargaining contracts
or agreements. The Contractor agrees to document these efforts and to
provide said documentation to the State upon request; and
(d) The Contractor acknowledges notjce that the State may seek to obtain
offset credits fi.om foreign counti'ias 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 prinaipal place of business is located in a
country, nation, province, state or political subdivision that penalizes New
York State vendors, and if the goods or services they offer will be
substantially produced or performed outside New York State, the Omnibus
Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter
383, respectively) require that they be denied con~xacls which they would
otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatory
j urisdietions subj act to this provision includes the states of South Carolina,
Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS
Department of Economic Development for a current list of jurisdictions
subject to this provision.
22. PURCHASES OF APPAREL. In accordance with State Finance Law
162 (4-a), the State shall not purchase any apparel fi.om 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, if not
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 Al
Agency-Specific Clauses
This Agreement has been entered into pursuant to the following understandings:
A. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for
the state share of the cost of approved local waterfront revitalization projects as defined in the Act.
B. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility
of applications for funding of projects.
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 of the 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 'iAgreement" 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 of the 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
sources 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 Al, 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
of 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 Proiects
Project design, including preparation of final plans and specifications, and supervision of
construction shall be undertakeh 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 insl~ection 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 from 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 iri
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 the State of New York and their directors officers, agents, and
employees as additional insured thereunder.
D. The Contractor shall be solely responsible for the payment of all deductibles to which such policies
are subject.
Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's
Insurance Report. If, during th~ 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 Cohtractor shall cause all insurance to be in full force and effect as of the date of this Agreement
and to remain in full force and effect throughout the term of this Agreement and as further required
by this Agreement. The Contractor shall not take any action, or omit to take any action that would
suspend or invalidate any of the required coverages during the period of time such coverages are
required to be in effect.
G. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply
the Department updated replacement Certificates of Insurance, and amandatory endorsements.
H. Unless the Contractor self-insured, Contractor shall~ throughout the term of the Agreement or as
otherwise required by this Agreement, obtain and maintain in full force and effect the following
insurance with limits not less than those described below and as required by the terms of this
Agreement, or as required by law, whichever is greater (limits may be provided through a
combination of primary and umbrella/excess policies). Where Contractor is self-insured, 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) oceurrance 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 Fbrm (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 Owner's 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. Contractor fui'ther 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.
IX.
XI.
Al-6
This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a)
ninety (90) days or b) the Contractor's or Product manufacturer/developer% 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 publ!c facilities.
C. Reservation, membership or annua, l 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 oft_he
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.
Subcontractin~ 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 am 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 REQUIREM}~NTS 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 !n Maplnfo Tab
file format on Recordab!e CD or DVD, 3.5" floppy diskette media, external hard drive, via e-
mail attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet.
Alternatively, the digital products may be provided in ArcInfo/GIS export format (.e00) or
ArcView shape file format on the same media types upon approval of the Department. All other
digital formats require prior approval of the 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 Mapping 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 -- All features that share a common boundary, regardless of map layer,
must have exactly the same coordinate position of that feature in all common layers.
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) of a foot.
8. Digitizer Accuracy -- The required R/vIS error for digitizer accuracy must be 0.003 or better for
digital map registration.
C. ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following
requirements for large scale, non-digital map products must be followed to facilitate the future
conversion of the maps to digital map products. Alt 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 descripti.ons 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.
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) comer and four (4) interior
ticks tied to USGS/NYSDOT quadrangle Lat/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 line work and symbolization must conform to
items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE
REQUIREMENTS section outlined above.
Di 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 are 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.
X1V. 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.
Equal Employment OpportuniW
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 I~-A of the New York State Executive Law. This law supersedes any
other provisi°n 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 force antidipated 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
Employment Opportunity (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, affirmati,ee 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-Il
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 ~ill submit to the Department a Workforee
Employment Utilization Report, on the form supplied by the Department, detailing the work
force actually utilized on the state contract, by ethnic baekgroundl 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 0f 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 Women-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 of the 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
XVIII.
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.
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 followil~g 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 of each 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 IlL
In addition to whatever other reserved rights 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 of the work which was performed by the Contractor to the Department's
satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement.
F. Any funds paid to the Contractor by the Department which are not expended under the terms of the
Agreement shall be repaid to the Department.
XXI. 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 1
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 to 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. Project Documentation: The Department of State, Office 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 comp!eted FINAL PROJECT SUMMARY REPORT.
Visuals should illustrate the final project product and, as appropriate, activities undertaken to complete the project. For
example, some projects would call for visuals that include photographs of volunteers participating in a wetland restoration
project (planting Spartina); photographs of historical signs markers, kiosks, etc. being placed; or photographs of an artist's
rendering ora waterfront design.
Design, planning, and construction projects call for different visual documentation. Therefore, the following guidelines
are suggested:
[] For design projects, visuals of renderings and/or graphics that depict the final product.
[] For planning projects, visuals of any graphics, 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 · Minority and Women-owned Business Enterprises Program
41 State Street Albany NY 12231-0001 · (518) 474- 5741
Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
INSTRUCTIONS:
1. Please prepare reports based on calendar quarters, or prepare one annual report.
2. Use a separate RepOrt sheet for each contract or program area
3~ Record the amount paid for each service/product for the time period identified below.
4. Send completed reports to the Minority and Women-owned Business Enterprises Program at the above address.
REPORT PERIOD
Report should cover a .calendar quarter OR the program year. FROM: TO:
Enter the inclusive dates of the quarter or for the program year, ,' ," -'
CONTRACTOR NAME PROGRAM DOS CONTRACT NUMBER
CONTRACTOR ADDRESS Service Area of Contract Work
NAME and TITLE of CONTACT PERSON (Please Print) i TELEPHONE NUMBER
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVICE/PRODUCT THIS PERIOD COMMENTS
D MBE $
[] WBE
[3 MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[] MBE
[] WBE
[3 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 during, this reoortim, oeriod:
Person to contact if we have questions about the information provided on this form:
Name: Email Address:
Title: Affiliation:
Phone: Fax:
Al - Attachment 4
Certification of Grantee to New York State Department of State that all State and Local and PriVate Procurement
Requirements Have Been Met.
(Complete the certification in the paragraph that applies and strike out that which is not applicable)
I hereby certify that the (County) (City) (Town) (Village) (Other ) of
., awarded the contract appended hereto pursuant in whole or in part to
NYS Department of State Contract No. in accordance with all requirements of law and
Article 5A of the General Municipal Law, as follows: (place check mark where applicable)
Contract for professional services procured according to the policies and procedures of the municipality
adopted pursuant to General Municipal Law§ 104-b.
Public works contracts involving not more than $20,000 procured according to the policies and procedures
of the municipality adopted pursuant to General Municipal Law§ 104-b.
Purchase contracts involving not more than $10,000, procured according to the policies and procedures of
the municipality adopted pursuant to General Municipal Law§ 104-b.
Contract for public works contracts involving more than $20,000 or purchase contracts involving more than
$10,000, procured pursuant to the bidding requirements of General Municipal Law§ 103.
I hereby certify that the (Insert NYC Agency or Borough name)
of the City of New York awarded the contract appended hereto pursuant in whole or in part to NYS Department of
State Contract No. in accordance with all requirements of law and Article 5A of the
General Municipal Law, as follows: (place check mark where applicable)
Contract for professional services, public works contracts involving not more than $20,000, or purchase
contracts involving not more than $10,000, procured according to the rules and regulations of the Policy
Procurement Board.
Contracts for public works contracts involving more than $20,000 or purchase contracts involving more
than $10,000, procured to the bidding requirements of General Municipal Law§ 103 and the regulations of
the Procurement Policy Board.
I hereby certify that the (Insert name of not-for-profit organization).
awarded the contract appended hereto pursuant in whole or in part to Department of State Contract
No. in accordance with all requirements of law, including the NYS Not-for-Profit
Corporation law and the bylaws of this organization, and pursuant to a publicly advertised process to ensure the
prudent and economical use of public funds to obtain maximum quality at reasonable cost.
Signature Date
Printed Name Title
APPENDIX B
BUDGET SUMMARY
A. Salaries & Wages (including Fringe Benefits)
B. Travel
C, Supplies/Materials
D. Equipment
E; Contractual Services
F. Other
$0.00
$500.00
$0.00
$0.00
$159,000.00
$500.00
TOTALPROJECTCOST
$160,000.00
Total State Funds
Total Local Share
$80,000.00
$80,000.00
IA. SALARIES & WAGES
TITLE
Appendix B (Budget Detail Sheet)
B-2
AMOUNT
CHARGED TO THIS
PROJECT
ANNUAL
SALARY
SUBTOTAL $0.00
B. TRAVEL
Travel to NYS Community Seminar Series training sessions
SUBTOTAL $500.00
C. SUPPLIES/MATERIALS
SUBTOTAL $0.00
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES
Consulting Services to complete development ofa GIS inventory of stormwater structures and
conduct training sessions for Town personnel ....................... $79,000
Consulting services for the design/construction of stormwater mitigation projects ......... $80,000
SUBTOTAL $159,000.00
F. OTHER
Registration for NYS, Community Seminar Series training sessions (Registration fee $125 per person
per session)
SUBTOTAL $500.00
APPENDIX C
Payment and Reporting Schedule
I. Payment Schedule
A. 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.
B. 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 upon 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.
II. Reporting
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.
III.
A.
C-2
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 changes to
the cost categories contained in the Budget, Appendix B, in excess of 10% will require prior approval
of the Department. If the total Contract amountis in excess of $50,000, approval will also be required
by the Office of the State Comptroller. No expenditures shall be allowed for items not set forth in the
project budget.
Other
Notwithstanding the ~ubmission 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 pendingthe 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% 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
C006878
James McMahon
631-765-1283
631-765-9015
Stormwater Management in the Town of Southold Phase II
1. Project Description:
To implement recommendations in its Local Waterfront Revitalization Program (LWRP) for stormwater
improvement to enhance water quality in the Peeonic Estuary and Long Island Sound, the Town of
Southold (contractor) will complete a second Phase of its comprehensive GIS inventory of stormwater
structures. Through procured services with Comell Cooperative Extension, the Town will expand digital
data collection to remaining hamlets and improve the GIS database and its usability. The GIS database,
created under an earlier phase, will be updated to inconporate specific information such as the age of each
stormwater structure and maintenance schedules. In addition, the database will be made more user-
friendly, and the Town will provide personnel training for its use. The database is expected to be an
invaluable tool for planning and implementation of stormwater remediation efforts including the
scheduling of construction and maintenance of stormwater treatment practices.
Several projects will be undertaken to address specific stormwater remediation issues which have been
uncovered either as a direct result of creating the database or through other means. The projects will
involve reducing the impact of stormwater by naturally filtering it or through detention and infiltration.
Stormwater remediation and construction projects will be completed by a contractor.
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 Fund"
The Contractor must submit to the Department all required products, clearly labeled 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:
Draft 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.
D-2
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.
3. 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 $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.
4. Training
A required component of the Title 11 Environmental Protection Fund program is Contractor participation
in a training session or sessions focused on developing and implementing revitalization strategies
(Appendix Al-I). The purpose of these training sessions is to build knowledge and provide support to
community leaders to advance revitalization efforts and advance grant priorities. The specific training
session(s) to be attended will be detemfined dUring project scoping.
5. Project Components
Task 1:
Initial Project Scoping Meeting
The Contractor, the Depamnent, and Cornell Cooperative Extension of Suffolk County shall hold
an initial meeting to review the project scope, project requirements, roles and responsibilities of
project partners, the selection process for procuring consultants, State Environmental Quality
Review Act (SEQRA) compliance requirements, the number of public meetings and techniques
for public involvement proposed for the project, attendance at NYS Community Seminar Series
training sessions, and any other information which would assist in project completion. In
addition, the composition of a project advisory committee shall be discussed during initial
project scoping. The Contractor, or a designated project partner, shall prepare and distribute to
all project partners a brief meeting summary clearly indicating the agreements/understandings
reached at the meeting. Work on subsequent tasks shall not proceed prior to Department
approval of the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 2: Community Training
The Contractor will participate in the Community Training Program as stated in Section 4 above.
Product:
Copy of transmittal letter submitting payment for registration fees. Participation
in training session(s).
D-3
Stormwater Structure Database Development and Training
Task 3:
Comell Cooperative ExtensiOn Subcontract PreparatiOn and Execution
The Contractor shall prepare a draft subcontract with Comell Cooperative Extension of Suffolk
County to conduct database development work. The subcontract shall contain a detailed work
plan with adequate opportunity for review at appropriate stages of project completion, a payment
schedule (payments should be tied to receipt of products), and a project cost. The subcontract
shall specify the composition of the entire consultant team, including firm name and area of
responsibility/expertise, and those professionals from the'consultant team or consulting firm that
will be directly involved in specific project tasks. The Contractor shall submit the draft
subcontract to the Department for review and approval, and shall incorporate the Department's
comments in the final subcontract. A copy of the final, executed subcontract shall be submitted
to the Department.
With regard to contracting with Comell Cooperative Extension of Suffolk County, 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.
ProdUcts:
Draft and final, executed consultant subcontracts. Written certification of
procurement procedures.
Task 4:
Second Project Scoping Meeting
In consultation with the Department, the Contractor shall hold a second project scoping meeting
with the consultant(s), and other project partners as appropriate, to review project requirements,
site conditions, and roles and responsibilities; identify new information needs and next steps; and
transfer any information to the consultant(s) which would.assist in completion of the project.
The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the
agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed
prior to Department approval of the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/understandings reached.
Task 5:
Stormwater data collection and inventory
The Contractor (or its consultant) shall inventory catch basins, discharge outfalls, and detention
basins in hamlets not included under Phase I of the project. Catch basins will be inventoried
through geolocation, and descriptive data and photographs will be collected for discharge ouffalls
and detention basins. Ail GIS data collected as part of this project shall be presented and stored
in Maplnfo format. The Contractor (or its consultant) shall identify, map and visually assess all
stormwater infrastructure in the remaining hamlets.
The digital inventory to populate the database will at a minimum include:
Inventory of all municipal stormwater infrastructure - all stormwater outfalls,
catchments, retention or detention basins digitally mapped and linked to the
corresponding tax map lot;
D-4
Documented visual assessment - the maintenance condition of all mapped structures and
descriptive metadata including the length, size, construction material (i.e., metal, plastic,
etc.), and apparent visual condition; and
Geographic location and maintenance prioritization - locations will be mapped and
linked to aerial photos and conditions metadata to highlight priority maintenance needs.
The Contractor shall provide the Department with an electronic copy of ali inventory data.
Product:
Digital inventory data collected for municipal stormwater infrastructure in
remaining hamlets. Digital database updated to include stormwater
infrastructure data for the remaining hamlets.
Task 6:
Import existing stormwater data
The Contractor (or its consultant) shall import existing stormwater infrastructure data collected
from within the Town of Southold by other agencies. The Contractor shall contact other local,
county, state and federal agencies and coordinate the delivery and integration of existing data
into the database. Agencies contacted shall include, but not be limited to, the following:
Federal Highway Administration
New York State Department of Transportation
Suffolk County Department of Public Works - Highway Division
Village of Greenport Department of Public Works
Existing data collected and mapped by other sources will include a reference to the source in the
metadata file. The Contractor is not expected to assume the responsibility for mapping or
maintaining structures not installed by the municipality.
Products:
Existing data from agencies imported into the stormwater database and data
source identified.
Task 7:
Database update to include additional features
The Contractor (or its consultant) shall incorporate additional features, as outlined during project
scoping meetings, such as maintenance schedules and the age of the structures, into the database.
Product: Digital database updated with additional features.
Task 8:
Database training for Southold personnel
The Contractor (or its consultant) Shall hold the number of training sessions for Southold
employees as agreed upon during initial and second scoping meetings.
Product:
Training sessions held. Attendance of personnel at training submitted to the
Department.
D-5
Stormwater Mitigation Projects
Task 9:
Request for Proposals for Design/Construction of Stormwater Mitigation Projects
The Contractor shall draft a Request for Proposals (RFP) including a complete project
description with site conditions, expected final results, a schedule for completion, and criteria for
selecting a preferred proposal. The Contractor shall submit the RFP to the Department for
review and approval prior to release for solicitation of proposals.
Produc~:
Approved RFP released through advisement in local papers, the New York State
Contract Reporter, and other appropriate means.
Task 10: Consultant Selection and Compliance with Procurement Requirements
In consultation with the Department, the Contractor and an appropriate review committee shall
review all proposals received as a result of the RFP. At a minimum, the following criteria are
suggested for use in evaluating consultant responses:
Quality and completeness of the response.
Understanding of the proposed scope of work.
Applicability of proposed alternatives or enhancements to information requested.
Cost-effectiveness of the proposal.
Qualifications and relevant experience with respect to the tasks to be performed.
Reputation among previous clients.
Ability to complete all project tasks within the allotted time and budget.
Incomplete proposals that do not address all of the requested components should not be accepted
for review and consideration.
For preparation/certification of final designs and construction documents, and for supervision of
construction, a licensed professional engineer or licensed professional architect/landscape
architect is required.
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.
The Contractor's procurement record and consultant selection is subject to approval by the
Department.
Products:
Consultant(s) selected and approved by the Department. Written certification of
procurement procedures.
Task 11: Subcontract Preparation and Execution
The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the
consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate
opportunity for review at appropriate stages of project completion, a payment schedule
(payments should be tied to receipt of products), and a project cost. The subcontract(s) shall
specify the composition of the entire consultant team, including firm name and area of
responsibility/expertise, and those professionals from the consultant team or consulting firm that
D-6
will be directly involved in specific project tasks. 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 shall be
submitted to the Department.
Products: Draft and final, executed consultant subcontracts.
Task 12: Second Project Scoping Meeting
In consultation with the Department, the Contractor shall hold a second project scoping meeting
· with the consultant(s), and other project partners as appropriate, to review project requirements,
siteconditions, and roles and responsibilities; identify new information needs and next steps; and
transfer any information to the consultant(s) which would assist-in completion of the project.
The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the
agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed
prior to Department approval of the proposed approach as outlined in the meeting summary.
Products:
Scoping meeting with appropriate parties. Written meeting summary outlining
agreements/underStandings reached.
Task 13:
Site Reconnaissance and Schematic Designs
A. Site Reconnaissance
The Contractor or its consultant(s) shall conduct site-specifiC reconnaissance, in
preparation for design. Work shall include, at a minimum, identification and mapping of
the following:
Site survey showing extent of project boundary
Ownership/grant/lease status of all lands to be incorporated into the design
Manmade structures, buildings, or facilities on or adjacent to the site
Above and below ground infrastructure
Transportation/circulation systems (track, car, bus, ferry, train, pedestrian,
bicycle, etc.) that serve or are located near the site
Adjacent land and water uses
Historic and archeological resources
Soil and, as appropriate, core sampling to determine site stability
Topography and hydrology
Natural resources, including location of mature trees
View corridors
Zoning and other applicable designations
Analysis of site constraints, needs and opportunities
Products:
Map(s) and written summary describing the above information and any
other appropriate information identified during project scoping.
B. Schematic Designs
The Contractor or its consultant(s) shall prepare alternative schematic designs of the
structure(s), considering and including a summary of the following:
D-7
Best management practices to be employed to avoid or reduce water quality
impairments from upland runoff or in-water activities, and
Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat
areas, Scenic Areas of Statewide Significance, other Coastal Management
Program special management areas, or other sensitive resources, and how those
impacts should be avoided or mitigated.
Unless otherwise opecified during project scoping, the Contractor or its consultant(s)
shall prepare a minimum of three alternative schematic designs for review by the project
advisory committee and the Department.
In consultation with the Department and the project advisory committee, the Contractor
shall select one of the alternative schematic designs as the basis for final design and
engineering/construction plans and specifications, or shall work with the consultant(s) to
develop a final schematic design incorporating elements of or building upon the
alternative schematic designs. Final design and engineering/construction plans and
specifications shall be prepared based on the selected schematic design.
Products: Alternative schematic designs. Schematic design alternative selected.
Task 14: Public Meeting
In consultation with the Department, a public information meeting shall be conducted to solicit
public input on the schematic designs to assist' in selecting a preferred alternative. A written
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.
Task 15:
Construction Requirement Analysis
The Contractor or its consultant(s) shall prepare an analysis of all federal, state and local
requirements for the selected schematic design alternative, including necessary permits and
approvals, and a description of how these requirements will be satisfied by the design. This
analysis Shall be submitted to appropriate project partners and the Department for review. A pre-
permitting meeting with the Department and the identified federal, state a!id local entities may be
required to discuss any revisions needed to satisfy regulatory requirements. Work on final
design shall not proceed prior to the Department approval oftbe construction requirement
analysis and the pre-permitting meeting, if necessary.
Products:
Written construction requirement analysis. Pre-permitting meeting with
identified entities.
Task 16:
Environmental Quality Review
The Contractor or its consultant(s) shall prepare all documents necessary to comply with the
State Environmental Quality Review Act (SEQRA) through determination of significance. Ifa
positive declaration is made, a Draft Environmental Impact Statement shall be prepared.
Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement.
D-8
Task 17: Draft Final Design
The Contractor or its consultant(s) shall prepare a draft final design based on the selected
schematic design alternative. The draft final design shall include all required maps, tables, data,
written discussions, and other information identified in the contract and subcontract work plans
and during project scoping. The draft final design shall be provided to the Department and the
project advisory committee for review at least two weeks prior to the due date for comments.
Department comments must be addressed to the satisfaction of the Department in subsequent
revisions of the products and the final design.
Products: Draft final design and supporting materials,
Task 18: Final Design and Construction Documents
The Contractor or its consultant(s) shall prepare the final design and construction drawings,
plans, specifications, and cost estimates. The final design and construction 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. Final design and construction documents are subject to
approval by the Department. These documents must be certified by a licensed professional
engineer, architect, or landscape architect and the appropriate seal must be affixed to these
documents.
Products:
Final design and construction documents, certified by a licensed professional
engineer, architect or landscape architect.
Task 19: Permits
After the final design and construction documents have been approved by the Department, the
Contractor or its consultant(s) shall prepare the necessary permit or other approval applications
and obtain the required permits or approvals. A pre-application meeting with the Department.
and the appropriate federal, state and local regulatory authorities may be required to discuss the
necessary permit or other approval ~pplications. Prior to filing, the Contractor or its
consultant(s) shall submit all applications to the Department for review and comment.
Potential permitting and approval agencies include but are not limited to:
· federal agencies such as the United States Army Corps of Engineers;
the Department, pursuant to'the consistency provisions of the federal Coastal Zone
Management Act;
other New York State agencies such as the Department of Environmental Conservation;
the Office of General Services pursuant to the Public Lands Law, or similar authorization
from the Power Authority (in certain areas of the St. Lawrence Seaway) or Canal
Authority (in the State Canal System), in order to use or occupy certain State-owned
lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic
Preservation or the State Historic Preservation Officer; and
agencies of a county, city, town, village, or special purpose district, including but not
limited to: town boards, boards of trustees, or city councils; planning commissions,
boards or departments; and/or building or health officials.
D-9
Prior to construction the Contractor or its consultant(s) shall also demonstrate that the project is
in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by
obtaining a floodplain development permit, if local regulations establish such requirements, or by
submitting a signed certification, by an official authorized to enforce local floodplain
management regulations, that the project complies with the requirements of the statute.
Copies of all required permits and approvals shall be submitted to the Department upon receipt.
Products:
All required permits and approvals received. Written certification of compliance
with floodplain management regulations, if applicable.
Task 20:
Bid Process and Selection of Construction Subcontractor
After the final design and construction documents have been approved by the Department, the
Contractor or its consultant(s) shall prepare and distribute a bid invitation to select a construction
subcontractor or subcontractom. Prior to distributing the bid invitation, the Contractor or its
consultant(s) shall submit the bid invitation to the Department for review and comment.
The Contractor Or its consultant(s) shall select the construction subcontractor(s) from the bid
respondents and shall prepare a draft contract or contract(s) to conduct the work with the
selected construction subcontractor(s). The i:ontract(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.
Task 21: Construction
After receipt of all necessary permits, the Contractor or its construction subcontractor(s) may
begin construction work according to the final design and construction documents. The
Contractor or its subcontractor(s) shall notify the Department monthly (or more frequently) in
writing of work progress, including any delays which have occurred. The Contractor or its
consultant(s) shall submit periodic payment requests to the Department tied to project milestones
identified in contract and subcontract work plans or during project scoping. After 70% of the
work is completed, the progress notification will include a punch list of any incomplete items and
an estimated schedule for project completion.
Products:
Written work progress reports. Punch list and construction completion
estimates.
Task 22: Site Inspections
The Contractor, its consultant(s), and/or the Department shall verify progress and completion of
the work through periodic site inspections and photo documentation. The Contractor or its
D-10
consultant(s) shall submit to the Department written summaries of progress and identification of
problems to be addressed based on periodic site inspections.
Products:
Periodic site visits. Written summary of progress with photo-documentation and
identification of any problems that need to be addressed.
Task 23: Project Completion
Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a
statement that the work has been completed in accordance with the contract and subcontract(s),
the final design and construction specifications, and all permit requirements. The completion
statement must be prepared and/or certified by a licensed professional engineer, architect or
landscape architect. Unless otherwise specified during project scoping, the Contractor or its
consultant(s) shall submit three sets of as-built plans, certified by a licensed professional
engineer, 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 Deparanent concurs that the work is complete.
Products:
Statement of completion, certified as-built plans, and final project report
including photo-documentation.
Task 24:
Semi-annual Reporting
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 25: 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 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.
The Contractor:
will be responsible for conducting all project work in conformance with the Work Plan included
in the executed contract with the Department.
D-11
will be responsible for all project activities including drafting request for proposals and
managing subcontracts with consultants and subconsultants.
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 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 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.: C006878
Funding for Period: $80,000
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 (hereinat~er referred to as the STATE),
and Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006878, as
amended above and in attached Appendice(s)
Terms and conditions of this amendment ara subject to continued availability of funds for this contract.
All other provisions of said AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF. the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONTRACTOR SIGNATURE
By: By:
(print name) (prim name)
Title: Title:
Date: Date:
State Agency Certification "In addition to the aceeptaac¢ of this contract. I also cerlify that original copies of this signature page will be attached to all
other exact copies of this contract."
State of New York )
County of )ss:
On this day of ,20 , before me personally came
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 street 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 he/she/they signed his/her/their name(s) thereto by authority of the governing body of said
municipal corporation.
NOTARY PUBLIC
Approved:
Thomas P. DiNapoli
State Comptroller
By:
Date: