HomeMy WebLinkAboutErosion Control Project - Rt 25 East Marion - PRELIMINARYSouthold Town Board - Letter
Board Meeting of March 10, 2009
RESOLUTION 2009-221
ADOPTED
Item # 12.19
DOC ID: 4839
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-221 WAS
ADOPTED AT THE REGULAR MEETING OF THE $OUTHOLD TOWN BOARD ON
MARCH 10, 2009:
RESOLVED that the Town Board of the Town Of Southold hereby authorizes and dir, ects
SUpervisor Scott A. Russell to execute the Agreement between the Store of. New York
the Town of Southold for the shoreline stabiliTafion erosion control proiect on NY~ Ruu
25~ East Marion~ New York,'subject to the.approval of the Town Attorney.
Elizabeth A. Neville
Sauth01d Town Clerk
RESULT: ADOPTED [UNANIMous]
HOVER: VJncent Orlando, Coun~:llman
'SECONDER: Albert Kru pskl Jr., COuncilman
AYES: Ruland,. Orlando, Krupski Jr., WIckham, Evans, Russell
Generated March 16, 2009
Page 25
AGREEMENT BETWEEN
THE STATE OF NEW YORK
AND
THE TOWN OF SOUTHOLD
FOR THE
EROSION CONTROL PROJECT ON
NY STATE ROUTE 25, TOWN OF SOUTHOLD
This Agreement is entered into by and between the Department of Transportation of the
State of New York (hereinafter called the ~State') and the Town of Southold, New York
(hereinafter called the 'Town") with offices in the Town of Southold, New York.
WITNESSETH:
WHEREAS, the State, through the Department of Transportation, has the authority to
design, construct and maintain state highways; and
WHEREAS, there is a long standing erosion problem at the location of Route 25 in the
hamlet of East Marion, Town of Southold and a permanent solution is desirable to mitigate the
coastal erosion hazard problem (hereinatter Uthe Project"); and
WHEREAS, th~' Project is necessary to provide storm damage protection of the state
highway and also to maintain environmental quality of the down drift near-shore areas in the
Town of Southold, thereby protecting roads, homes, businesses, evacuation routes, municipal
infrastructure and critical habitats; and
WHEREAS, the State has entered into an agreement with the U.S. Army Corps of
Engineers (hereinafter called the "Federal Government") to assist in the design, construction and
funding of the Project through the federal Section 14 Program of the 1946 Flood control Act;
and
WHEREAS, pursuant to the specifications and criteria of the Project, suitable large-sized
stone and other materials will be placed on or partially on underwater lands as agreed to by the
State and Town to mitigate the coastal erosion problem; and
WHEREAS, work shall commence no sooner than March 1~, 2010 and be completed by
March 31st, 201 l; and
NOW, THEREFORE, the State and Town agree as follows:
1. There will be no required cash con~ibutions from the Town of Southold for the
Project.
The Town shall hold and save the Federal Government and the State free from all
damages arising from the design, construction, operation and maintenance of the
Project and any Project-related betterments, except for damages due to the fault or
negligence of the Federal Government, the State, or their contractors.
Page 1 of 7
3. Appendix A is attached hereto and made part of this agreement.
4. The State agrees to operate, maintain and as necessary repair, replace or reconstruct
the Project and provide for all associated costs.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year
appearing opposite their respective signatures.
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."
Date:
For THE STATE OF NEW YORK
Department of Transportation
The undersigned has been authorized to execute this AGREEMENT on behalf of the
"TOWN" by Resolution of the Town Board a certified copy of which is attached hereto and made
a part hereof.
~to form~:
Martin Finnegan,
Town Attorney .
Dated: ~f2~___
Town of So. old /~
Supervisor Scott A. Russell
Dated: ~
Approved as to form:
New York State
NYS Assistant Attorney General,
Dated:
Office of State Comptroller
Dated:
Page 2 of 7
APPENDIX A: STANDARD CLAUSES FOR NYS CONTRACTS
Thc parties to thc attechcd contract, lic~e, Ieee, amendment or other agreement of any kind (h~inalter,
"the con/~aet" or "this conlract") agree to be bound by the following clauses which are hereby ma& a pa~ of thc
contract (the word "Conlrac~f' herein refers to any patty other than the Slate, whether a conttactor, licenser,
licans~, lessor, lessee or any other party):
1. EXECUTORY CLAUSE. In accordance with Section 41 of the Slate Finance Law, the State shall have no
liability under this conffaet to the Contractor or to anyone else beyond funds appropriated and available for this
contolct.
2. NON-ASSIGNMENT CLAUSE. In accordance with Secdon 138 of the State Finance Law, this ~nUact may
not be assigned by thc Contractor or its right, title or interest therein assigned, transfer~d, conveyed, sublet or
otherwise disposed of without thc previous consent, in writing, of the Stete and any att~npts to assign the contract
without thc Slate's written consent arc null and void. The Contractor may, however, assign its right to receive
payment without the State's prior written consent unless this contract concerns C~ificotes of Participation pursuant
to Article 5-A of thc State Finance Law.
3. COMIrFROIJ.I~.R'S APPROVAI~ In accerdance with Section 112 of the Slate Finance Law (or, if this
contract is with the State University or City University of New York, Section 355 or Section 6218 oftbe Education
Law), if figs coniract exceeds $15,000 (or the minimum tire. olds agreed to by the Office of the Slate CompUniler
for certain S.U.N.Y. and C.U.N.Y. conUacts), or if this is an amendment for any amount to a comsact which, as so
~dad, exceeds said st atutol~y amount, or if, by figs contract, the State agrees to give something other than money
when the value or reasunobly estimated value of such consideration exceeds $ I0,000, it shall not be valid, effective
or binding upon ~be State until it has bean approved by the Slate Comptroller and filed in his office. Comptroller%
approval of con~'acts let by tbe Office of General Services is required when such contracts exceed $30,000 (Stete
Finance Law Section 163.6.a),
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 ofti~ Slate Finance Law, this
contract shall be void and of un force and effect unless thc Contractor shall provide and maintain coverage during
the life of this contract for the benefit of such employees as are required to be covered by thc pmvisinns of the
Workers' Compensation Law.
5. NON-DISCRIMINATION REOUIREMENTS. To the extent required by Article 15 of the Executive Law
(also known as thc Human Rights Law) and all other Slat~ and Federal statutory and constitutional non-
discrimination provisions, thc Contraetor will not disoimiante 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. Furthermo~ in accordance with Section 220-c of the Labor Law, if this is a contract for thc
constmedon, alteration or repair of-any public building or public work or for thc manufacture, sale or disUibution of
materials, equipment or supplies, and to thc extent that this contract shall be performed within thc State of New
York, Contractor agrees that neither it nor its subcontractors shall, by reason of race,, creed, color, disability, sex, or
notional origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to
perform the work; or (b) diseriminate against or intimidate any employee hired for the performance of work under
this contract If this is a building service conlsact as dcfincd in Seedon 230 of the Labor Law, then, in accordance
with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color,
national origin, age, sex or disability: (a) discriminate in hiring against anyNcw York Slate citizen who is qualified
and available to perform the work; or Co) discriminate against or intimidate any employee hired for the performance
of work under figs contract. Contractor is subject to tines 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 figs is a public work conlraet covered by Article 8 of the Labor Law
or a building service conU'aet covered by Article 9 thereof, neither Contractor's employees nor thc employe~s of its
subcontractors may be required or permitted to work more than tho number of hems or days stated in said statutes,
except as otherwise provided in thc Labor Law and as set forth in prevuiling wage and supplement schedules issued
by the Stete Labor Department. Furthermore, ConU'ac~r and its subconUactors must pay at least the prevailing
Page 3 of 7 October 2005
wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as
determined by thc State Labor Department in accordance with the Iathor Law.
7. NON-COLLUSIV~ 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 perjm3,,
that its bid was arrived at independently and without collusion aimed at restricting competition. Conlraator fu~her
affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to
the State a non-collusive bidding cortificatiun on Contractor's behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accerdance with Section 220-f of the Labor Law end
Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Comractor agrees, as a material
condition of thc contract, that neither the Contractor nor any substantially owned or affiliated person, firm,
parmership or co,pond/on has participated; is participating, or shall participate in an intcmationai boycott in viola-
tion of thc federal Export Administration AC/ of 1979 (50 USC App. Sections 2401 et seq.) or regulations
thereunder. If such Con~'actor, or any of the aforesaid affiliates of Cuntrsotor, is convicted or is otherwise found to
have violated said laws or regulations upon the final determination of thc United States Commerce Department or
any other appwpriatc agency of the United States sulc~.~qnent to thc contract's execution, such contract, amendment
or modification thereto shall be rendered forfeit end void. The Contractor shall so notify the Sta~ CompUolier
within five (5) business days of such conviction, determination or disposition of appeal (2NYCRR 105.4).
9.~. The State abail have all ofits common law, equlteblc a0dstatotoryrightsofset-off. These
rights shall include, but not be limited to, the State's option to withhold for the purposes of set-offany moneys d~
to the Contractor under this contract up to any amounts due and owing to the State with regard to this conttnct, any
other conlrout with any State department or agency, including any coati'act 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 monatury penalties relative thereto. The State shall exercise its sat-affrights in
accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such
audit by the State agency, its representatives, or the State Comp~oller.
19. RRCORDS. The Contractor shall est~lish and maintain complete and acoumte books, records, doenmants,
accounts sud other evidence directly pennant to performance under this contract (bereina~r, eullectively,
Records"). The Records must be kept for the halance of the calandur year in which they were made and for six (6)
additional years thereafter or three (3) years after final payment, whichever is later. The State Comptroller, the
Attomay 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 acens~ to tho Records during normal business hours at an office of the
ConUactor within the State of New York or, if no such office is available, at a mutually agreeable end 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 tho Public Officers Law (the "Statute") provided that: (i) tho Cunt~aetor shall timely inform an
appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be
suffieiuntly identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing
contained herein shall diminish, or in any way adversely affect, the State's right to discovery in any pending or
future litigation.
11. IDENTII~'ING 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 ~ervicos or the lease of real or personal
propet/'y to a New York State agency must include the payee's identification number, i.e., the seller's or lassur's
identification number. The number is either the payee's Federal employer identification number or Federal social
security number, or both such numbers when the payee has both such numbers. Failure to include this number or
numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or
N~,v York State standard voucher, must give the reason or reasons why the payee does not have such number or
numbers.
(b) PRIVACY NOTIFICATION. (1) Thc authority to request the above personal information from a seller of
goods or servic~ or a lessor of real or personal property, end the authority to mailltdin such information, is found in
Page 4 of 7 October 2006
Section 5 of the State Tax Law. Disclosurc of this information by the seller or lessor to the State is mandatory. The
principal purpose for which the information is collected is to enshlc the Sta~ 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 administraton 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
servic~ or lease the real or personal property covered by this contract or lease. The information is malntaln~l in
New York State's Central Accounting Syatem by the Director of Accounting Operations, Office of thc State
Comptroller, 110 Stale Street, Albany, New York 12236.
12. EOUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordance with
Section 312 of the Executive Law. if ~ con'~ant is: (i) a writ~n agreement or pureha~ order iustrument,
providing for a total expenditure in excess of $25,000.00. whereby a contracting agency is committed to expend or
does expend funds in retom for labor. ~'vic~ supplies. ~quipment, materials or any combination of tho foregoing.
to ho performed for, or rendered or fomishod to the con~'acting agencT, or (ii) a written agreement in execs of
$100,000.00 whereby a ennUacting agency is committed to expend or does expend funds for the acquisition,
construetion, demolition, replacomunt, major r~palr or renovation of r~l property and improvements thereon; or (iii)
a written agreement in excess of $100,000.00 whereby tho owuer of a State assisted housing project is commiRed te
expend or does expend funds for the acquisition, c. onsla'~aton; demolition, replacement, major repair or renovation
of real property and improvements thereon for such pwjeet, then:
(a) Tho Con~aetor will not disurimim~ against employees or applicants for employment becau~ of race, cree~
color, national origin, sex, age, disability or marital status, and will undertake or continue existing programs of
afl'mnatve action to ensure that minority group members and women are afforded equal employment opportunities
without discrimination. Affirmative aaton shall mean recruitment, employment, job assignment, promotion,
upgradings, demotion, transfer, layoff, or torminaton and rates of pay or other forms of compensation;
(b) at thc request of the contracting agency, the Con~ractor shall request each employment agency, labor union, or
authorized representative of workers with which it has a collective bargaining or other agreement or understanding,
to furnish a written statement that such employment agency, labor union or representative will not discriminate on
the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or
representative will affirmatvely cooperate in the implementation oftbe enn~'actor's obligations herein; and
(c) thc Conuantor shall state, in all solicitations or atve~semcoCs for employees, that, in the performance of thc
State contract, all qualifiat applicants wtil be afforded equal employment opportenities without discrimination
because of race, creed, color, national origin, sox, age, disability or marital statu~
Contractor will include tbe pmvisious of "a", "b", and %" above, in every subcontract over $25,000.00 for thc
constraaton, demolition, ~.placament, major repair, renovation, planning or design of real property end
improv~menta thereon (the "Work") except where the Work is for the benefidal use of the Coniraetor. Section 312
does not apply to: (i) work, goods or sen, icus unrelated to this contract; or (ii) employment outside New York State;
or (iii) banking services, insurance policies or the ~ale 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 con~.'aeting agency shall determine whether the imposition of the
requirements of the pmvisious hereof duplicat~ or conflict with any such federal law and if such duplication or
conflict exists, the contraatng agency shall wal~e the applicability of Seaton 312 to the extent of such duplication
or enm~lict. Con~or will comply with all duly pmmulguted and lawful roles and regulations of the Empire Stat~
Development Corporation's Division of lVl/nodty and Women's Business Development (MWBD) pertaining hereW.
13. CO~CT~G TE~. In the event of a conflict between the terms of the cen~ract (including any and all
attachments thereto and amendments thegof) and thc terms of this Appendix A, the terms of this Appendix A shall
conrail.
14. ~. This contract shall be governed by the laws of the State of New York except where the
Federal anpmmany clause requires otherwise.
Page 5 of 7 October 2006
15. LATE PAYMENT. Timeliness of payment and an)' interest to be paid to C0nlractor for lam payment shall be
governed by Article I I-A of tbu State Finunco Law to the ~xtent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may ant
be submitted to binding arbitration (except where statutorily authorized), but must. instead, be heard in a corot of
competent jurisdiction of the State of New York.
17. SERVICE OF RECESS. In addition to tbe methods of sexvico allowed by the State Civil Practice Law &
Rules ("CPLR"), Con~'actor hereby consents to sarvic~ of process upon it by registered or certified mail, return
receipt requested. Service bereonder shall be complete upon Conlractor's actual receipt of process or upon the
States receipt of the return thereof by the United Slates Postal Service as refused or undeliverable. Contractor must
promptly notify the Stats, in wrll~ng~ of ench and every change of address to which service of procees can be msde.
Sen, icc by tl~ Stale to the last known address shall be sufficient. Con.actor will haw thirty (30) calendar days after
~rvico h~munder is complete in which to respond.
18~ PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS, The Con~etor certifies and warrants
that all wood preducts to be used under this contract award will be in aconrdunco with, but not limited to, the
specifications and provisions of State Finance Law §165. (Usu of Tropical Hardwoods) which prohibits purchase
and um of ~ropicai hardwoods, unless specifically exempted, by the Stye or any govemmen~ agency or political
subdivision or public benefit corporation. Qualification for au exemption under this law will be the responsibility of
the contractor to establish to meet with the approval of the State.
In addition, when any portion of this conUact involving the u~ of woods, whe~ther supply or installation, is to be
performed by any subcontractor, the prime Contractor will indicate and certify in the submitted bid proposal that the
subcomraetor has been informed end is in Complianco with specifications and provisions regarding uso of tropical'
hardwoods as dctailed in §165 State Finance Law. Any such use must meet with the approval of the Stale;
otherwise, thc bid may not be considered responsive. Under bidder cefdficntious, proof of qualification for
cxemp~ion will be thc responsibility of thc Conm~or to meet with thc approval of the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES /NON-FEDERAL AID NEW YORK STAFF
CONTRACTS). In accordance with the MacBride Fair Employment Principles (Chapter 807 of the Laws of 1992),
the Contractor hereby stipuintex that thc ConVactor either (a) has no business operadons in Non, hem Irelend, or (b)
shall.take lawful stepe in good faith to conduct any busings operations in Northern Ireland in accordance with the
MacBride Fair Employment Prindplas (as described in Section 165 of the New York State Finance Law), and shall
permit independent monitoring of complinnce with ~uch principles.
20. OMNIBUS PROCUREMENT ACT OF 1992 ~tNON-FEDERAL AID NEW YORK STATE
CONTRACTS~. It is' the policy of New York Sta~ to maximize opportunities for the participation of New York
State businns~ enterprises, including mianrity end women-owned business enterprises as bidders, subcon~'aetore end
suppliers on its procurement contracts.
infonnation on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St - 7~ Floor
Albuny, New York 12245
Telephone: 518-292-5220
A directory of certified minority and woman-owned busineas enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women% Business Development
30 South Pearl St - 2nd Floor
Albany, New York 12245
hRp'J/www.¢mpire.state.ny.ue
Page 6 of 7 October 2006
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 g~ater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the paRicipation of New York State Business
Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on
this project, and has retained the documentation of these efforts to be provided upon request to the State;
(b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;
(c) The Contractor agrees to make reasonable efforLs to provide notification to New York State residents of
employment oppoR'unities on this project through listing any such positions with thc Job Service Division of the
New York State DepasUnunt of Labor, or providing such notification in such manner as is consistent with existing
collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said
documentation to the State upon request; and
(d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a
result of this conlrnct and agrees to cooperate with the State in these efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS (NON-FEDERAL AID NEW YORK STATE,
CONTRACTS]. Bidders are hereby nntificd that if their principal place of business is located in a country, nation,
province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer
will be substantially produced or pcrfonned outside New York State, thc Omnibus Procurement Act 1994 and 2000
amendments (Chapter 684 and Chapter 383, respectively) require that they be denied conWacts which they would
otherwise obtain. NOTE: As of May 15, 2002, the list of discriminato~' jurisdictions subject to this provision
includes the states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS
Department of Economic Development for a current list ofjurisdictious subject to this provision.
22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not purchase
any apparel from any vendor unable or unwilling to certify that: (i) such apparel was manufactured in compliance
with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wagn 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 cach subconWantor and a list
of ail manufacturing plants to be utilized by thc bidder.
23. CONTRACT ~I'ERMINATION PROVISION. Tbe State reserves thc right to terminate this contract in thc
event it is found that the certification filed by tho Contractor in accordance with thc reqnir~'nents contained in State
Finance Laws §139j and §139k was intentionally false or intentionally incomplete. Upon such finding, the State
may exercise its termination right by providing written notification to the Contractor in accordance with thc written
notification terms of the conWacL
24. PERSONAL INFORMATION SECURITY. Contractor shall comply with the provisions of the New York
State information Security Breach and Notificadon Act (General Business Law Section 889-aa; State Technology
Law Section 208). Conh'actor shall be liable for the costs associated with such breach if caused by Contractor's
negligent or willful acts or omissions, or the negligent or willful acts or omissions of Contractor's agents, officers,
employees or subcontractors.
Pagn 7 of 7 October 2006