HomeMy WebLinkAboutLandfill Closure'New York State Department of Environmental Conservation
Division of Management and Budget Services
Bureau of Federal and Municipal Accounts
50 Wolf Road, Albany, New York 12233-5022
Ms. Jean W. Cochran, Supervisor
Town of Southold
53095 Main Road
Southold,, New York 11971
John P. Cahill
Commissioner
Environmental Conservation Law, Article 54,Title 5
Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments for
Municipal Landfill Closure Projects
Contract No. C300485
Dear Ms. Cochran:
Enclosed for your records is one signed original copy of the above referenced
contract for your project files. The contract has been approved by the applicable State agencies.
If you have any questions regarding the contract, please contact Mr. Del Bedinotti at (518)457-7146.
Sincerely,
Supervisor, Bureau of Federal
and Municipal Accounting Unit
Enclosure
cc w/o enclosure:
cc with Enclosure:
Stephen Hammond, Director, Solid and Hazardous Material
Janet Agresta (FMA) contract file
Del Bedinotti
CONTRACT NO. C300485
New YORK STATE DEPARTMENT Of ENVIRONMENTAL CONSERVATION
NEW YORK State ENVIRONMENTAL CONSERVATION LAW (ECL). ARTICLE 54,
TITle 5, NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURe PROJECTS
aND
ATICLe 56, Title 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PaYMeNtS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
THIS IS A CONTRACT MADE UNDER ARTICLES 54 AND 56 OF THE ENVIRONMENTAL CONSERVATION LAW
BETWEEN
THE NEW YORK STATE DEPARTMENT Of ENVIRONMENTal CONSERVATION
(HEREINAFTER REFERRED tO AS The "DEPartMENT")
WIth OffICES AT SO WOLf ROaD ALBANY, New YORk 12233-7250,
AND
THE TOWN Of SOUTHOLD
(HEREINAFTER REFERRED TO AS THE "MUNICIPALITY")
WITH OffiCES at 53095 MaIN ROAD,SOUThOID, NY I 197 I .
Page I of 12
WHEREAS, THE STATE LEGISLATURE HAS DETERMINED THAT THE EXISTENCE Of
iNaDEOUATELY CLOSED LANDFILLS IS a SIGNIFICANT THREAT TO NEW YORK STaTEIS
ENVIRONMENT; AND
WHEREAS, THe DEPARTMENt iS AUTHORIZED bY ARTICLES 54 AND 56 OF the NEW YORK
STATE ENVIRONMENtal CONSERVATION LAw to ENTER iNtO CONTRACTS ON BEHALF Of
The STate TO PROVIDE STATE ASSISTANCE tO ~IuNIciPaLIT~ES; AND
WHEREAS, THE MUNICIPALITY HAS APPLIED FOR STATE ASSISTANCE FOR THEIR
i~IUNICIPaL LANDFILL CLOSURE PROUECT; AND
WHEREAS, THE MUNICIPALITY AGREES TO UNDERTAKE ALL WORK AND TO COMPLY
WITH ALL TERMS AND CONDITIONS OF THIS CONTRACT; AND
WHEREAS, THE N1UNICiPAIITY HAS FILED WITH THE DEPARTMENT A DUlY ADOPTED
RESOLUTION AUTHORIZING IT TO MAKE AN APPLICATION AND TO ENTER INTO AND
EXECUTE THIS CONTRACT FOR THE PURPOSE OF RECEIVING STATE ASSISTANCE; AND
WHEREAS, THE N1UNICIPALITY REPRESENTS THAT it HAS THE LEGal STATUS
NECESSARY TO ENTER INTO THIS CONTRACT AND HAS AUTHORIZED THE PERSON SIGNING
THIS CONTRACT TO DO SO, AS EVIDENCED BY A~-~ACRED CERTIFIED RESOLUTION OF
THE r~IuNICIPALITYIS GOVERNING BODY; AND
WHEREAS, THE MUNICIPALITY AGREES THAT It WIll FUND ITS PORTION OF THE
COST OF The i~IUNICIPAL LANDFILL CLOSURE PROJECT; AND
WHEREAS, THE DEPARTMENTIS EXECUTION OF THIS CONTRACT IS MADE IN
RELIANCE UPON THE INFORNIATION PROVIDED BY, AND REPRESENTATIONS OF, THE
IV~UNICIPALITY IN ITS APPLICATION PAPERS AND iN THIS CONTRACT; AND
WHEREAS, THE MUNICIPALITY HAS AN OBLIGATION TO CLOSE ITS LANDFILL
UNDER THE PERMIT CONDITION, ADMINISTRATIVE ORDER, OR COURT ORDER CREATING
THE OBLIGATION; AND
WHEREAS, THE MUNICIPALITY IS COMPLIANT WITH AND COMMITS TO CONTINUE TO
COMPLY WITH THE REOUIREMENTS FOR STATE ASSISTANCE TO MUNICIPALITIES
ESTABLISHED UNDER ARTICLES 54 AND 56 OF THE ECL AND 6 NYCRR SUBPART 360-~);
NOW, THEREFORE,
PAGE ~: Of I 2
THE DEPARTMENT AND THE MUNICIPALIT~ AGREE AS FOLLOWS:
A. TERMS USED IN THIS CONTRACT HAVE THE same MEANINGS AS SE~' FORTH IN 6
N¥CRR PART 360 AND ARTICLE 54 AND/OR ARTICLE 56 OF THE ECL, DEPENDING
ON THE FUNDING SOURCE FOR THE PROUECT AND THE RESPECTIVE APPLICABLE ARTICLE OF ECL.
B. IN ADDITION, THE FOLLOWING TERMS IN THIS CONTRACT HAVE THE FOLLOWING
(11) "PARTIES" IN APPENDICES A AND B MEANS THE DEPARTMENT AND THE
(III)"PROJECT" MEANS THE MUNICIPAL LANDFILL CLOSURE PROJECT OF
(IV} "MUNICIPAL LANDF~LL CLOSURE PROJECT WORK PLAN" MEANS A
DOCUMEHT WHICH PROVIDES A SCHEDULE OF COMPLL~FION FOR THE PROUECT
(SEE A~FACHMENT NO. I );
(V) "REIMBURSEMENT APPLICATION SCHEDULE" MEANS A DOCUMENT WHiCh
PROVIDES A SCHEDULE FOR REIMBURSEMENT APPLICATIONS (SEE A~FACHMENT NO. 2);
(vi) "STATE ASSISTANCE" MEANS ANY MONEY PROVIDED AS A REIMBURSEMENT UNDER
Title 5 Of ARTICLe 54 aND/OR TITLE 4 OF ARTICLE 56 Of the ECL, DePeNDiNg; AND,
ON THE FUNDING SOURCE FOR THe PROUECT AND THE RESPECTIVE APPLICABLE ARTICLE
OF THE ECL; AND,
(vii) "ELIGIBLE COSTS" MEANS THE CAPITAL COST OF A MUNICIPAL
LANDFILL CLOSURE PROJECT AS DEFINED IN 6 NYCRR SECTION 360-9.6,
ELIGIBLE AND INELIGIBLE COSTS.
A. THE DEPARTMENT AGREES TO REIMBURSE ONE HALF (FiFT~ PERCENT) OF THE
MUNICIPALIT~S ELIGIBLE COSTS FOR THE MUNICIPAL LANDFILL CLOSURE PROUECT.
THE DEPARTMENT'S REIMBURSEMENT TO THE MUNICIPALIT~ UNDER THIS CONTRACT,
HOWEVER, MUST NOT EXCEED THE SUM OF
$ I, 132,500 ) . ONLY THOSE COSTS INCURRED DURING THE TERM
OF THIS CONTRACT THAT ARE DETERMINED TO BE iiELIGABLE COSTS" BY THE DEPARTMENT
ARE ELIGIBLE FOR REIMBURSEMENT.
B. THE MUNICIPALITY AGREES TO:
(I) COMPLETE THE PROJECT IN ACCORDANCE WITH PLANS AND REPORTS as
APPROVED BY THE DEPARTMENT;
(Il) PERFORM THE CLOSURE WORK ACCORDING TO THE A~ACHED SCHEDULE
OF COMPLETION (SEE A~FACHMENT NO. I );
PAGE 3 OF I 2
FILE PROGRESS REPORTS AT THE INTERVALS STIPULATED IN THE
A~-~ACHED SCHEDULE (SEE ATTACHMENT NO. 3); AND,
(IV) SUBMIT TO THE DEPARTMENT ALL PROJECT CHANGES WHICH MAY
SUBSTANTIALLY ALTER THE NATURE OR SCOPE OF THE PROJECT aND AFFECT
THE ~v~UNICIPALI~-~S ABILI~-Y TO COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS.
C. STATE ASSISTANCE PAYMENTS WILL BE MADE TO THE i~UNICIPALIT~ iN
INSTALLMENTS AS LISTED IN THE REIMBURSEMENT APPLICATION SCHEDULE (SEE
A~TACHMENT NO. 2), WHICH IS A~FACHED AND IS PART OF THIS CONTRACT.
REIMBURSEMENT CLAIMS MUST BE MADE ON A NEW YORK STATE AID VOUCHER AND
MUST BE ACCOMPANIED WITH ADEOUATE DOCUMENTATION AS OUTLINED IN
APPENDIX C.
THE DEPARTMENT Will RETAIN TEN PERCENT ( I 0%) OF EACH PAYMENT MADE
TO THE MUNICIPALITY. THE RETAINAGE ( I 0%) IS TO BE PAID TO THE
MUNICIPALITY WHEN THE DEPARTMENT COMPLETES ITS FINAL INSPECTION AND
APPROVES THE PROJECT AS COMPLEE.
D. IF ADDITIONAL STATE ASSISTANCE MONIES BECOME AVAILABLE FOR THE
CLOSURE OF THE LANDFILL AND THE ~V~UNICIPAL~i~ DOES NOT HAVE A CONTRACT FOR
THE FULL AMOUNT FOR WHICH IT IS LEGALLY ENTITLED, THEN THE DEPARTMENT MAY
TAKE REASONABLE AND APPROPRIATE ACTION TO AMEND THE AMOUNT OF STATE
ASSISTANCE PAYABLE UNDER THIS CONTRACT tO THE ~VIUNICIPALITY.
E. IF THE ~tUNICIPALITY FAILS TO COMPLY WITH THE TERMS OF THIS CONTRACT,
OR WITH ANY APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS, OR
(I) FAILS TO COMPLETE THE PROJECT AS PLANNED;
(11) FAllS TO PROCEED WITH THE PROJECT AS SCHEDULED;
(Ill) FAILS TO FILE PROGRESS REPORTS AT THE INTERVALS STIPULATED IN
THE A'FFACHED SCHEDULE (SEE A~-ACMMENT NO. 3);
(IV) CHANGES THE PROJECT IN ANY WAY THAT WILL SUBSTANTIALLY ALTER
THE NATURE OR SCOPE OF THE PROJECT; OR,
(V) TRANSFERS THE OWNERSHIP OF THE LANDFILL OR ANY PORTION OF
THE LANDFILL WITHOUT ADVANCE WRITTEN APPROVAL FROM THE DEPARTMENT;
THEN THE DEPARTMENT WILL NOTIFY THE MUNICIPALll-~ OF SUCH FAILURE.
THE DEPARTMENT WILL PUT THE REASONS FOR THE FAILURE DETERMINATION IN
WRITING AND WILL ALLOW THE ~IuNICIPALITY A PERIOD OF TIME (TO BE
DEIL~MINED BY THE DEPARTMENT AND STATED IN THE L:I~ER OF FAILURE
DETERMINATION) TO CORRECT THE FAILURE. THE DEPARTMENT WILL WITHHOLD ALL
FUTURE STATE ASSISTANCE PAYMENTS UNDER THIS CONTRACT UNTIL THE FAILURE
HAS BEEN CORRECTED TO THE SATISFACTION OF THE DEPARTMENT.
PAge 4 Of I 2
IF THE FAILURE iS NOT CORRECTED WITHIN THE Time PERIOD ESTABLISHED
BY THE DEPARTMENT, THEN THE DEPARTMENT WILL NOTIFY THE MUNICIPALITY THAT
IT IS IN BREACH OF CONTRACT. IF The i~UNICIPaLITY IS IN BREACH OF
CONTRACT, THEN THE MUNICIPALIT~ AGREES TO IMMEDIATELY REPAY TO THE
DEPARTMENT aNY STATE ASSISTANCE MONIES RECEIVED BY The MUNICIPALIT~ UNDER
THIS CONTRACT, PLUS APPROPRIATE INTEREST, AS PROVIDED BY LAW. IF the
MUNICIPALITY FALLS TO REPAY THE STATE ASSISTANCE WITHIN 3{~5 DAYS OF
NOTIFICATION, THE MUNICIPALIT~ AGREES THAT THE DEPARTMENT may TAKE ANY
LAWFUL MEASURES RELATING TO THE RECOVERY OF UNREPAID STATE ASSISTANCE
INCLUDING, BUT NOT LIMITED TO, THE DEDUCTION OF MONIES FROM OTHER STATE
FINANCIAL AID TO THE MUNICIPALITY.
3, I~UNICIPAL COST RECOVERY FROM OTHER SOURCES
A. THE IV~UNICIPALITY AGREES TO TAKE ALL REASONABLE STEPS TO RECOVER ITS
PROUECT COSTS FROM OTHER SOURCES AND TO ASSIST THE STATE ~N ITS EFFORT TO
RECOVER THE STaTEIS PROUECT COSTS FROm OTHER SOURCES.
B. AT THE DEPARTMENTIs REE)UEST, THE MUNICIPALITY MUST PROVIDE THE
DEPARTMENT WITH DOCUMENTATION OF THE STEPS TAKEN UNDER SUBPARAGRAPH A
ABOVE.
C. THE ESTIMATED ELIGIBLE COST OF THE PRO~IECT, UPON WHICH STATE
ASSISTANCE IS CALCULATED, MUST NOT INCLUDE ANY COSTS WHICH ARE PAID OR
COmmITTED TO THE MUNICIPALITY FOR THE MUNICIPAL LANDFILL CLOSURE
PROJECT FROm OTHER SOURCES.
D. THE MUNICIPALITY MUST PROVIDE THE DEPARTMENT WITH TIMELY NOTICE
OF ANY COSTS PAiD OR COMMITTED TO THE MUNICIPALITY FOR THE MUNICIPAL
LANDFILL CLOSURE PROUECT FROM OTHER SOURCES.
E. IF THERE ARE ANY PAYMENTS MADE OR COMMITTED TO THE MUNICIPALITY
FOR THE MUNICIPAL LANDFILL CLOSURE PROUECT FROm OTHER SOURCES WHICH
WERE NOT INCLUDED IN THE CALCULATION OF STATE ASSISTANCE, THEN THE
AMOUNT OF STATE ASSISTANCE WILL BE RECALCULATED ACCORDINGLY AND THE
iV~UNICIPALIT~ MUST REPAY TO THE STATE THE AMOUNT BY WHICH THE STATE
PAYMENT EXCEEDS THE RECALCULATED STATE ASSISTANCE.
IF THE MUNICIPALITY FAILS TO REPAY THE STATE ASSISTANCE WITHIN 365
DAYS OF NOTIFICATION, THE MUNICIPALity AGREES THAT THE DEPARTMENT MAY
TAKE ANY LAWFUL MEASURES RELATING TO THE RECOVERY Of UNREPAID STATE
ASSISTANCE iNCLUDING, BUT NOT LIMITED TO, THE DEDUCTION OF MONIES FROM
OTHER STATE FINANCIAL AID TO THE MUNICIPALITY.
4. PROJECt INSURANCE
A. THE MUNICIPALITY AGREES THAT IT W~LL REOUIRE EACH PROUECT
CONSULTANT, PROUECT CONTRACTOR AND PROJECT SUBCONTRACTOR TO SECURE aND
DELIVER tO THE ~VlUNICIPALIT~ APPROPRIATE POLICIES OF INSURANCE ISSUED BY
AN INSURANCE COMPANY LICENSED TO DO BUSINESS IN THE STATE. THESE
PAge 5 of I 2
POLICIES MUST NAME THE MUNICIPALITY A~ AN ADDITIONAL INSURED, With
APPROPRIATE LIMITS, COVERING CONTRACTOR'S PUBLIC LIABILIT~ AND PROPERTY
DAMAGE INSURANCE, CONTRACTORIS CONTINGENCY LIABILITY INSURANCE ilALL-RISK"
INSURANCE AND WORKER'S COMPENSATION FOR THE PROJECT. THE MUNICIPALITY
WILL REQUIRE THAT COPIES OF THE APPLICABLE INSURANCE POLICIES BE MADE
AVAILABLE TO THE DEPARTMENT FOR REVlE~/ UPON REQUEST.
B. THE MUNiCIPaLITY MUSt REQUIRE EACH PROJECT CONSTRUCTION CONTRACTOR
AND PROJECT SUBCONTRACTOR tO PROVIDE SPECIFIC PERFORMANCE aND PAYMENT
BONDS EACH IN AMOUNTS NOT LESS THAN THE CONTRACTORIS OR SUBCONTRACTORIS
CONTRACT PRICE. THESE BONDS MUST REMAIN IN EFFECT FOR ONE YEAR BEYOND
THE DATE OF FINAL INSPECTION AND ACCEPTANCE BY THE MUNICIPALITY OF ANY
WORK UNDER SUCH CONTRACT. THE MUNICIPALITY MUST PARTICIPATE IN THE FLOOD
INSURANCE PROGRAM IF ANY PERMANENT CONSTRUCTION IS LOCATED IN A FLOOD
HAZARD AREA DELINEATED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
A. THE MUNIC]PALIT~ AGREES THAT It WILL COMPLETE the PROJECT IN
ACCORDANCE With THE MUNICIPAL LANDFILL CLOSURE PROJECT WORK PLAN (SEE
A3-rACHMENT NO. [ ), PLANS AND SPECIFICATIONS, AND ANY AMENDMENTS APPROVED
BY THE DEPARTMENT OR APPROVED BY A COURT HAVING THE APPROPRIATE
JURISDICTION.
B. THE MUNICIPALITY AGREES TO DEVELOP AND SUBMIT TO THE DEPARTMENT
AN APPROVABLE PROJECT MANAGEMENT PLAN BY 08/30/98
THE PROJECT MANAGEMENT PLAN WILL DESCRIBE THE MUNICIPALITY'S PROJECT
MANAGENIENT STRUCTURE, PERSONNEL QUALIFICATIONS~ PROCEDURES FOR FIELD
OVERSIGHT AND THE SPECIFIC RECORDKEEPING, COST ACCOUNTING AND COST
CONTROL RESPONSIBILITIES AND PROCEDURES USED TO:
(I) IDENTIFY ALL ELIGIBLE AND INELIGIBLE COSTS AND SEGREGATE EACH
CATEGORY OF COSTS IN SEPARATE ACCOUNTS; AND TO
(11) MAINTAIN ADEQUATE ACCOUNTING AND FISCAL RECORDS WHICH SHOW THE
RECEIPT AND EXPENDITURE OF ALL MONIES FOR THE PROJECT. THESE
RECORDS MUST BE MADE AVAILABLE FOR AUDIT BY THE DEPARTMENT AND/OR
THE STATE COMPTROLLER FOR A PERIOD OF SIX YEARS AFTER THE FINAL
PAYMENT FOR THIS PROJECT.
THE PROJECT MANAGE~IENT PLAN MUST SE APPROVED BY THE DEPARTHENT
BEFORE ANY STATE ASSISTANCE PAYMENTS ARE MADE TO THE MUNICIPALITY.
C. THE MUNICIPALITY WILL PERMIT THE DEPARTMENT TO PARTICIPATE IN ALL
ItS MEETINGS AND CONFERENCES WITH RESPECT TO THE PROJECt. UPON REQUEST
FROM THE DEPARTMENT THE MUNICIPALITY MUST SUBMIT TO THE DEPARTMENT
REPORTS, DOCUMENTS, DaTA, CONTRACTUal DOCUMENTS~ ADMINISTRATIVE RECORDS
AND OTHER INFORMATION PERTINENT TO THE PROJECT.
Page 6 Of I 2
D. THE ~IUNICIPALITY MUST GET WRITTEN DEPARTMENT APPROVAL TO USE THE
i*vlUNJCIPAglT¥1S EMPLOYEES TO PERFORM CONSTRUCTION, ENGINEERING, LEGAL OR
OTHER PROdECT RELATED ACTIVITIES, THE DEPARTMENT WILL APPROVE THESE
PROPOSALS IF THE ~']UNICIPALJTY CAN DEMONSTRATE THAT THE ~V~UNICIPALITY~S
EMPLOYEES POSSESS THE NECESSARY COMPL:"rENcE TO PERFORM THE WORK IN
OUESTION AND THAT THE WORK CAN SE MORE ECONOMICALLY PERFORMED AND DONE ON
A TIMELY BASIS BY THE USE OF THE J¥1UNICIPALITY~S EMPLOYEES. THE COST OF
ANY WORK PERFORMED BY THE IV}UNICIPALITYJs EMPLOYEES WHICH DOES NOT RECEIVE
E, THE MUNICIPALITY MUST AT ALL TIMES PROVIDE AND MAINTAIN COMPETENT
AND ADEOUATE RESIDENT SUPERVISION AND INSPECTION UNDER THE DIREGTION OF' A
PROFESSIONAL ENGINEER LICENSED BY THE STATE OF New YORK· THE LICENSED
PROFESSIONAL ENGINEER IS RESPONSIBLE FOR ENSURING THAT ALL CLOSURE WORK
CONFORMS TO THE APPROVED PLANS AND SPECIFICATIONS AND MUST CERTIFY TO THE
~IUNICIPALIT~ AND TO THE DEPARTMENT THAT ALL WORK WAS COMPLETED IN
ACCORDANCE ~VITH DEPARTMENT APPROVED PLANS AND SPECIFICATIONS.
F. THE I~UNICIPALITY AGREES TO ADVERTISE FOR AND SOLICIT PROJECT BIDS
WITHIN a REASONABLE TIME AFTER RECEIPT Of ThE DEPARTMENTIS APPROVAL OF
PLANS AND SPECIFICATIONS. THE i~UNICIPALIT~ FURTHER AGREES TO AWARD
PROJECT CONTRACTS WITHIN A REASONABLE TIME AFTER OPENING THE B~DS.
G. THE ~luNIciPaLITY AGREES TO RESOLVE all BID PROTESTS AND TO NOTIFY
THC DEPARTMENT OF EACH BID PROTEST AND HOW IT WAS RESOLVED.
H. THE ~IUNICIPALI~ REPRESENTS THAT IT HAS OR WILL OBTAIN THE TITLE TO
OR SUFFICIENT INTEREST IN THE PROJECT SITE, INCLUDING RIGHTS'OF'WAY AND
NECESSARY EASEMENTS, BEFORE THE START OF CONSTRUCTION TO ENSURE
UNDISTURBED USE AND POSSESSION FOR PURPOSES OF CONSTRUCTION AND
CE~MPLETION OF THE PROdECT.
I. THE iVlUNICIPALItY AGREES THAT IT IS FULLY RESPONSIBLE FOR THE
MAINTENANCE AND MONITORING OF THE PROJECT.
J. THE MUNICIPALITY AGREES THAT ALL WORK PERFORMED IN RELATION TO THE
PROJECT BY THE HUNICIPALITY OR ITS AGENTS, REPRESENTATIVES, OR
CONTRACTORS WILL CONFORM TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS,
ORDINANCES, RULES AND REGULATIONS AND STANDARDS.
INSPECTION
a. THE I~UNICIPaLITY WILL PROVIDE THE DEPARTMENT UNRESTRICTED ACCESS tO
FIELD WORK DURING THE PREPARATION AND PROGRESS OF THE PROJECT. THE
IV~UNICIPALI~ WILL REOUIRE THAT ALL CONTRACTS AND SUBCONTRACTS RELATING TO
THE PROJECT WILL CONTAIN PROVISIONS FOR UNRESTRICTED ACCESS AND
INSPECTION BY THE DEPARTMENT.
PAGE 7 OF I 2
B. FACILITIES DEVELOPED OR EGUIPMENT PURCHASED WITH STATE ASSISTANCE
PROVIDED UNDER THIS CONTRACT WIll, UPON REE)UEST, BE MADE AVAILABLE FOR
DEPARTMENT INSPECTION AT ANY REASONABLE TIME BY THE jVJuNICIPAIIT¥.
C. THE MUNICIPALIT~ AGREES tO NOTIFY THE DEPARTMENT WHEN THE PROJECT IS
COMPLL--~E. THE DEPARTMENT WILL, WHEN THE FINAL WRITTEN PROUECT
CERTIFICATION IS RECEIVED FROM THE MUNICIPALITY, CONDUCT A FINAL
INSPECTION TO VERIF~ IF THE COMPLETED PROUECT ME.rS ALL APPLICABLE LAWS
AND REGULATIONS AND CONTRACT REOUIREMENTS.
7. ADDITIONAL OBLIGATIONS AND RESPONSIBILITIES OF THE MUNICIPALITY
A. THE NIuNICIPALITY AGREES TO BE iN SUBSTANTIAL COMPLIANCE WITH ITS
OBLIGATION TO CLOSE THE LANDFILL AND TO WAIVE ANY RIGHT TO ASSISTANCE
UNDer SECTION 27- I 3 I 3 OF THE ENVIRONMENTal CONSERVATION LAW.
B, THE J~UNICIPALITY AGREES NOT TO CONSTRUCT A NEW LANDFILL OVER THE
LANDFILL CLOSED UNDER THIS CONTRACT AND TO MONITOR AND MAINTAIN THIS
CLOSED LANDFILL IN ACCORDANCE WITH ALL APPLICABLE DEPARTMENT REGULATIONS
EFFECTIVE AT THE DATE OF THIS CONTRACT.
C. IF A MUNICIPALITY CLOSES ITS LANDFILL IN PHASES, THE MUNICIPALITY
AGREES TO CLOSE ALL SUBSEOUENT PHASES OE THIS FACILITY IN ACCORDANCE WITH
DEPARTMENT REGULATIONS FOR NEW LANDFILLS WHICH ARE IN EFFECT AT LEAST SIX
MONTHS BEFORE THE SUBSEE~UENT PHASE BECOMES INACTIVE.
IN RECOGNITION OF THE STATE ASSISTANCE PROVIDED UNDER THIS CONTRACt
FOR THE PROUECT, THE MUNICIPALITY SHALL ERECT A PROUECT SIGN At THE PROJECT
SITE NOTING THE STATEIS ASSISTANCE TO THE PROJECT. THE PROUECT SIGN SPECIFICATIONS
ARE A~rACHED TO AND MADE PART OF THIS CONTRACT AS APPENDIX D. THE PROJECT SIGN
SHALL REMAIN IN PLACE DURING THE CONSTRUCTION PERIOD.
NO WAIVER OF REMEDIES
THE MUNICIPALITY SHALL NOT BE REGUIRED TO MAKE ANY DEMAND UPON,
PURSUE OR EXHAUST ANY OF ITS RIGHTS OR REMEDIES AGAINST THE STATE. THE STATE
SHALL NOT BE REC)UIRED TO MAKE ANY DEMAND UPON, PURSUE OR EXHAUST
ANY OF ITS RIGHTS OR REMEDIES AGAINST THE MUNICIPALITY. A DELAY OR
OMISSION BY THE STATE OR THE MUNICIPALITY IN EXERCISING ANY RIGHT UNDER
THIS CONTRACT SHALL NOT OPERATE AS A WAIVER OF THAT RIGHT OR ANY OTHER
RIGHT UNDER THIS CONTRACT. A WAIVER ON ANY OCCASION SHALL NOT BE
CONSTRUED AS a BAR TO OR A WAIVER OF ANY RIGHT AND/OR REMEDY ON ANY OTHER
OCCASION. NO WAIVER OR CONSENT IS BINDING UNLESS IT IS IN WRITING AND
EXECUTED BY THE DEPARTMENT AND THE MUNICIPALITY.
J O. APPENDICES AND ATrACHIViENTS
APPENDIX A, J~STANDArD CLAUSES FOR All NEW YORk STATE CONtractS", AND
APPENDIX B, "STANDARD CLAUSES FOR ALL NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION CONTRACTS" ARE ATTACHED AND MADE A PART OF
PAGE 8 OF I 2
THIS CONTRACT, ADDITIONAL ATFACHMENTS IDENTIFIED IN THIS CONTRACT ARE
A~FACHED AND MADE A PART Of THIS CONTRACT.
I. TOTALITY OF CONTRACT~ SEPARABILITY
THIS CONTRACT CONTAINS THE PROVISIONS, CONDITIONS, AND PROMISES
AGREED TO BE~VEEN THE PARTIES· IF ANY PART OF THIS CONTRACT IS HELD
TO BE INVALID OR UNENFORCEABLE, THE INVALIDIT~ OR UNENFORCEASILITY OF
SUCH WILL NOT aFFECT THE REMAINDER OF THIS CONTRACT. THIS CONtract
WILL REMAIN VALID AS IF THE INVALID OR UNENFORCEABLE PART HAD NOT BEEN
CONTAINED·
TErM AND EFFECTIVE DATE
THE TERM OF THIS CONTRACT WILL SE FROM APRIL I , i 993 TO 1:~/31/?001
THIS CONTRACT WILL BE EFFECTIVE UPON APPROVAL AND FILING BY THE STATE COMPTROLLER IN
ACCORDANCE WITH SECTION I I 2 OF THE STATE FINANCE LAW.
3. AMENDMENTS
THIS CONTRACT INCLUDING THE ATTACHED APPENDICES AND ATTACHMENTS
MAY ONLY BE AMENDED BY A WRITTEN INSTRUMENT SIGNED BY BOTH PARTIES AND
APPROVED BY THE STATE COMPTROLLER.
4. AUTHORIZED F~EPRESENTATIVE FOR THE DEPARTMENt
THE DEPARTMENT'S AUTHORIZED REPRESENTATIVE FOR THE IMPLEMENTATION
OF THIS CONTRACT AND FOR APPROVAL AND DIRECTION CALLED FOR iN THIS
CONTRACT IS THE DIRECTOR OF THE DIVISION OF SOLID ~ HAZARDOUS MATERIALS,
OR HIS DESIGNEE· WHENEVER IT IS PROVIDED IN THIS CONTRACT THAT NOTICE MUST
BE GIVEN OR OTHER COMMUNICATIONS SENT TO THE DEPARTMENT, THE NOTICES
OR COMMUNICATIONS WILL BE DELIVERED OR SENT TO:
NEW YOrk STATE DEPARTMENT Of ENVIRONMENTAL CONSERVATION
DIVISION OF SOLID ~ HAZARDOUS MAtERIaLS
50 WOLF ROaD
ALBANY, NEW YORk 12233-7E:50
A IILNT]ON: DIRECTOR, DIVISION OF SOLID ~ HAZARDOUS MATERIALS
PAGE 9 OF I ~
J 5. AUTHORIZED REPRESENTATIVE FOR THE MUNICIPALITY
THE MUNICIPALITY'S AUTHORIZED REPRESENTATIVE FOR THE IMPLEMENTATION
OF THIS CONTRACT IS:
NAME: JEAN W. COCHRAN , SUPERVISOR
WHENEVER IT IS PROVIDED IN THIS CONTRACT THAT NOTICE MUST BE GIVEN OR
OTHER COMMUNICATIONS SENT TO THE MUNICIPALITY, THE NOTICES OR
COHMUNICATIONS WILL SE DELIVERED OR SENT TO:
MUNICIPALITY:TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NY I 197
ATTENTION: JEAN W. COCHRAN
SUPERVISOR
AFFIRMATIVE ACTION
THE MUNICIPALITY IS REQUESTED TO COMPLY WITH THE INTENT OF THE
AFFIRMATIVE ACTION PROVISIONS CONTAINED IN EXECUTIVE LAW, ARTICLE I 5-A
AND ECL SECTIONS 5~*-O I I I AND 5~*-O I I 3. THE MUNICIPALITY IS REOUESTED
TO INCLUDE LANGUAGE CONTAINED IN APPENDIX B, CLAUSE VII ~N ALL
CONTRACTS AWARDED FOR THIS PROJECT.
PaGE IO OF 12
LANDFILL CLOSURE PROGRAM STATE ASSISTANCE COhFFRAC'I' SIGNATURE PAGE
MUNICIPALIT¢; TOWN OF SOUTHOLD CONTRACT NO. C300485
IN WITNESS WHEREOF THE PARTIES HAVE HEREUNTO BY THEIR REPRESENTATIVES DULY
AUTHORIZED TO S~--r THEIR HANDS AND SEALS THB DAY AND YEAR APPEARING OPPOSITE THEIR
MU NICIPALI~Y SIGNATURE:
BY THE SIGNATURE HEREUNDER, THE ~VluNICIPALI'Tf REPRESENTS THAT IT HAS THE
LEGAL STATUS NECESSARY TO ENTER INTO THIS CONTRACT AND THAT THE PERSON
SIGNING IS AUTHORIZED TO DO SO AS EVIDENCED BY THE RESOLUTION OF ITS
LEGISLATIVE BODY A]-~ACHED HER"ETC.
AUTHORIZED REPRESENTATIVE
(SIGNATURE) ~
(TITLE) SUPERVISOR
JEAN W. COCHRAN
(TYPED NAME)
°ATE°:
N1U NICIPALI-PF CERTIFICATION:
STATE OF NEW YORK
COUN"~{ OF SUFFOLK
SS.:
ON THIS I~"~ DAY OF OF'-JF' ~'~ F IgC<~,
BEFORE ME PERSONALLY CAHE ~JEAN W. COCHRAN, SUPERVISOR
(LIST NAHE AND TITLE)
OF THE TOWN Of SOUTHOLD
(LIST POLITICAL SUBDIVISION OR AGENCY OF THE POLITICAL SUBDIVISION)
THE POLITICAL SUBDIVISION Or AGENCY THEREOF DESCRIBED IN AND WHICH EXECUTED
THE ABOVE INSTRUMENT: BY AUTHORITY OF ~---~'~:)~a "-IT-¢ ~,~2N ~O~F~
(A~ACHED CERTIFIED COPY OF ORDER, RESOLUTION, OR THE ORDINANCE AUTHOriZING
EXECUTION OF THIS CONTRACT) OF SAID POLITICAL SUBDIVISION, AND THAT (S)HE
SIGNED HIS/HER NAME BY THAT AUTHORITY.
ELIZABETH ANN NEVILLE
Notary Public, State of New York
No. 52-3125850, Suffolk County
Term Exr~irer~ October 31, 19 ~ ~
NOTARY PUBLIC
PACE I I OF 12
[VlUNICIPALITY: TOWN OF' SOUTHOLD
CONTRACT NO. C300485
NEW YORK STATE DEPARTHENT OF ENVIRONMENTAL CONSERVATION
AGENCY SIGNATURE:
AGENCY CERTIFICATION:"IN ADE)ITON TO THE ACCEPTANCE OF THIS CONTRACT, I
ALSO CERTIF~¢ THAT THE ORIGINAL SIGNATURE PAGES WILL BE ATTACHED TO ALL OTHER
EXACT COPIES OF THIS CONTRACT.ii
RICHARD K. RANDLES
DIRECTOR OF MANA6EMENT & BUDGET
DATE D:
APPROVED AS TO FORI'4:
AT'FORN~ GENERAL'S SIGNATURE:
DATED:
COivld I HOLLER~S SIGNATURE:
DATED:
PAGE I 2 OF I 2
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hill, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR
MEETING HELD ON SEPTEMBER 29, 1998:
WHEREAS, the Town of Southold has hereby determined that certain work,
as described in the State assistance application and any amendments
thereof, herein called the "Project" is desirable and in the public interest;
and
WHEREAS, Title 5 of Article 54 and Title q of Article 56 of the
Fnvironmental Conservation Law authorized State assistance payments to
municipalities for closure of municipal landfills by means of a written
~greement and the Town of Southold deems it to be ~n the public interest
and benefit under this law to apply therewith; now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran as the official representative to act
in connection with any application between the Town of Southold and the
State, and to provide such additional information as may be required; and
that one (1) certified copy of this resolution be prepared and sent to the
Director, Division of Solid & Hazardous Materials, New York State
Department of Environmental Conservation, 50 Wolf Road, Albany, New York
12233-7250, together with the application; and that this resolution shall take
effect immediately.
Elizabeth A. Neville
Southold Town Clerk
September 29, 1998
A~rACHMENT NO. t
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NE~/YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECL), ARTICLE 54,
TITLE 5, NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ARtiCLE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
STA3~E ASSISTANCE MUNICIPal LANDFILL CLOSURE PROGRAM
(6 NYCRR SUBPART 360-9, REVISED DECEMBER 14, 1994
AND SEPTEMBER 29, 1997)
MUNICIPAL LANDFILL CLOSURE
ProJeCT WORK PLAN
FACILITY' NAME SOUTHOLD LANDFILL( PHASE I )
FACILITY ID# 52T92
FACILITY LOCATION COUNT~ ROAD 48, CUTCHOGUE
SUFFOLK
COUNTY
FACILITY' OWNER TOWN OF SOUTHOLD
FACl LFTY OPERATOR
STAGE BEGIN DATE END DATE
PERFORM CLOSURE
,INVESTIGATION
PERFORM CLOSURE
INVES~GA~ON REPORT
09/01/95
01/01/96
12131195
12/31/95
(I 2/94) PAgE I Of 2
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN (CONT~D)
STAG E
BEGIN DATE
END DATE
PREPARE CLOSURE PLAN
PERFORM VECTOR
REMEDIATION, IF RECIUIRED
CONSTRUCT LEachatE
COLLECTION SYSTEM, IF
REOUIRED
CONSTRUCT GAS VENTING LAYER
AND GAS COLLECTION/CONTROL
SYSTEM
CONSTRUCT t~aRRIER LAYER
CONSTRUCT BARRier PROTECTION
LAYER
CONSTRUCT TOPSOIL LAYER
EstaBLISH VEGETAtiVE COVER
PREPARE CONSTRUCTION
CERTIFICATION REPORT
02/0 I/98
03/0 I/99
NA
04/0 I/99
05/0 I/99
07/0 I/99
og/I 6/99
I O/I 6/9g
I I/30/g9
08/30/98
04/0 I/g9
NA
05/30/99
07/3 I/99
09/I 5/99
I O/I 5/99
I I/30/g9
I 2/3 I/99
( I 2/94) Page 2 Of 2
A~-~ACHMENT NO. 2
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (ECL), ARTiCle 54,
Title 5, NON-HaZARDOUS MUNiCiPAL LANDfill CLOSURe PROdeCTS
AND
ARTICLE 56, TITLE 4, SOLID WASTE PROUECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR ~IUNICIPAL LANDFILL CLOSURE PRO~IECTS
REIMBURSEMENT APPLICATiON SCHEDULE
MILESTONE
CONTRACT EXECUTION
J N STALLATION OF'
BARRIER LAYER
COMPLETION DATE
DATE OF COMPTROLLER'S
SIGNATURE
07/3 I/gg
SUBMI~-~AL OF CLOSURE
CERTIFICATION
I :~/3 I/gg
(12/96) PAGE I OF I
ATTACHMENT NO. 3
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NEW YORk STATE ENVIRONMENTAL CONSERVATION LAW (ECL), ARTICLE 54,
TITLE 5, NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
AND
ARtiClE 56, TITLE 4, SOLID WASTE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROJECTS
PROGRESS REPORT SCHEDULE
~llLESTON E
CONTRACT EXECUTION
INSTALLATION OF
BARRIER LAYER
COMPLETION DATE
DATE OF COMPTROLLER'S
SIGNATURE
07/2, i
SUBMI~FAL OF CLOSURE
CERTIFICATION
1213 1199
(7/91 PAGE I Of I
APPENDIX A
STANDARD CLAUSES FOR ALL
NEW YORK STATE CONTRACTS
THE PART~ES TO THE AT~ACHED CONTRACT,
LICENSE, LEA~E, AMENDMENT OR OTHER AGREEMENT OF
~XFCIJTORY CLAUSE. IN ACCORDANCE WITH SECTION
41 Of THE STATE FINANCE LAw, THE STATE SHALL
2. NON-ASSIGNMENTCLAUSE. IN ACCORDANCEW~H
SECTION 138 OF THE STATE FINANCE LAW, ThIS
CONTRACt MAY NOT BE ASSIGNED BY The CONTRACTOR
OR 13'3 RIGHT, TITLE OR INTEREST THEREIN ASSIGNED,
3. COM~I~OLLER'S APPROVAL. IN ACCORDANCE
WITH SECTION I I 2 OF THE STATE Finance LAW (or, If
THIS CONTRACT IS WITH THE STATE UNIVERSITY OR CITY
UNIVERSlT~ OF NEW YORE, SECTION 355 OR SECT}ON
6218 OF THE EOUCATION LAW), IF THIS CONTRACT
EXCEEDS $10.000 (OR THE MINIMUM THRESHOLDS
AGREED TO BY THE OFFICE OF THE STATE
COMPTROLler ~OR. CERTAIN S.U.N.Y. AND C.U.N.Y
CONTRACTS)~ OR IF THIS IS AN AMENDMENT FOR ANY
AMOUNT TO A CONTRACT WH[CH~ A~ SO AMENDED,
EXCEEDS SAID STATUTORY AMOUNT. OR IF, BY THIS
CONTRACT, THE STATE AGREES TO GIVE SOMETHING
OTHER THAN MONEY WHEN the VALUE OR RF~$ONABL¥
ESTIMATED VALUE Of SUCH CONSIDERATION EXCEEDS
$I0,000, 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.
4, WORKERS' COMPENSATION BENEFITS. IN
ACCOROANCE WITH SECTION 14~ 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 L~FE OF
THIS CONTRACT FOR THE BENEFITOF SUCH EMPLOYEES
A~ ARE REQUIRED TO BE COVERED BY THE PROVISIONS
Gf THE WORKERS' COMPENSATION LAW.
5. NON-DISCRIMINATION REOUIREMENT3. IN
ACCORDANCE WITH ARTICLE I 5 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, AGE,
DISABILIT~ OR MARITAL STATUS. FURTHERMORE, IN
ACCORDANCE With SECT}ON 2:~O-E OF The LABOR
LAW. IF TH~S IS A CONTRACT FOR THE CONSTRUCT}ON,
ALTERATION OR REPAIR OF ANY RUSUC BUILDING OR
PUBLIC WORE OR FOR THE MANUFACTURE, SALE OR
DISTRIBUTION OF MATERIALS, EOUIPMENT OR SUPPLIES,
AND TO THE EXTENT THAT THIS CONTRACT SHALL BE
PERFORMED WITHIN THE STATE OF NEW YORK,
CONTRACTOR AGREES THAT NEITHer IT NOR I~
SUBCONTRACTORS SMALL, SY REASON OR RACE, CREED,
COLOR. J:)ISASlLI~ SEX, OR NATIONAL ORIGIN: (A)
DISCRIMINATE IN HIRING AGAINST ANY NEw YORK STATE
CITIZEN WHO IS GUALIFIED AND AVAILABLE TO PERFORM
THE WORK; OR (B) DISCRIM[NATEAGAINST OR INTIMIDATE
ANY EMPLOYEE HIRED FOR THe PERFORMANCE OF WORK
UNDER THIS CONTRACT. IF THIS IS a BUILDING SERVICE
CONTRACT A~ DEFINED IN SECTION 230 OF THe LABOR
L~w, thEN~ IN ACCORDANCE WITH SECTION ~39
THEREOF, CONTRACTOR AGREES THAT NEITHER IT NOR
ITS SUBCONTRACTORS SHALL, BY REASON OF RACE.
CREED, COLOR, NATIONAL ORIGIN, AGE, SEX OR
DISASILI~: (A) DISCRIMINATEIN HIRING AGAINSTAN¥ NEW
YORK STATE CITIZEN WHO IS GUALIFIED AND AVAILABLE
TO PERFORM THE WORE; OR (S) DISCRIMINATE AGAINST
OR ~NTIM{DATE ANY EMPLOYEE HIRED FOR THe
PERFORMANCE OF WORK UNDER THIS CONTRACT.
CONTRACTOR IS SUBUECT TO FINES OF $50.00 PEr
PERSON PER DAY FOR ANY VIOLATION OF SECTION 22C~
E OR SECTION ~39 AS WELL AS POSSIBLE TERMINATION
OF THIS CONTRACT AND FORFEITURE OF ALL MONEYS
DUE HEREUN[~ER FOR A SECOND OR SUBSEOUENT
VIOLATION,
6. WAGE AND HOURS PROVISIONS. IF THIS I$ A
PUBLIC WORK CONTRACT COVERED BY ARTICLE S OF
THE LABOR LAW OR A BUILDING SERVICE CONTRACT
COVERED BY ARTICLE 9 THEREOF. NEITHER
lof5
THE LABOR LAW.
7. NON~OLLUSIVE RIDDING REOUIREMENT. IN
ACCORDANCE WITH SEC~ON 139-D OF THE STATE
FINANCE LAw~ IF THIS CONTRACT WA~ AWARDED BASED
UPON THE SUBMISSION Of BIDS, CONTRACTOR
WARRANTS, UNDER PENALTY OF PERUURY. THAT IT~ BID
WAS ARRIVED AT INDEPENDENTL¥ AND WITHOUT
COLLUSION AIMED AT RESTRICTING COMPETITION,
CONTRACTOR FURTHER WARRANTS THAT, AT THE TIME
CONTRACTOR SUBM~FED IT~ BID, AN AUTHORIZED AND
RESPONSIBLE PERSON EXECUTED AND DELIVERED TO
THE STATE A NGN~OLLUSIVE BIDDING CER~CA~ON ON
CONTRACTOR'S BEHALF.
8. INTERNA~]ONAL BOYCOTT PROHIBmON. IN
ACCORDANCEWITH SECTION 2~E~F OF THe LABOR L~w
AND SECTION 139-H Of THE STATE FINANCE LAW. IF
THIS CONTRACT EXCEEDS $5,000, THE CONTRACTOR
AOREES. AS A MATERIAL CONDITION OF THE CONTRACT.
THAT NEITHER THE CONTRACTOR NOR ANY
INtERNA~ONA1 BOYCOtt IN VlOLA3~ON Of THE FEDERAL
EXPORT ADMINISTRATIONACT OF 1979 (50 USC APP.
(2NYCRR 105.4).
9. SET'OFF RIGHTS. THE STATE SHALL HAVE ALL Of
ITS COMMON LAW, EQUITABLE AND STATUTORY RIGHTS
OF SET-OFF. THESE RIGHTS SHALL INCLUDE, BUT NOT
BE LIMITED TO. THE STATE'S OPTION TO WITHHOLD FOR
THe PURPOSES OF SET-OFF ANY MONEYS DUE TO THE
CONTRACTOR UNOER THIS CONTRACT UP TO ANY
AMOUNTS DUE AND OWING TO THE STATE WITH REGARD
TO THIS CONTRACT, ANY OTHER CO~TRACT 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 DELINOUENCIES OR MON~A~Y PENALTIES RELATIVE
THERETO. THE STATE SHALL EXERCISE ITS SET-OFF
RIGHTS IN ACCORDANCE WITH NORMAL STATE PRACTICES
I O. RECORDS. THE CONTRACTOR SHALL ESTABLISH
AND MAINTAIN COM PLATE AND ACCURATE BOOKS.
RECORDS, DOCUMENTS, ACCOUNTS AND OTHER
EVIDENCE DIRECTLY PER3qN ENT TO PERFORMANCE
UNDER THIS CONTACT (HEREINAPTER~ COLLECTIVELY,
"THE RECORDS"). THE RECORDS MUST BE KEPT FOR
THE BALANCE OF THE CALENDAR YEAR IN WHICH THEY
WERE MADE AND FOR S~X (6) ADDITIONAL YEARS
I I. IDENTIFYING INFORMATION AND PRiVaCY
NOq]FICA]]ON. (A) FEDERAL EHPLOYER
IDEN33FICA]qON NUMRER AND/OR FEDERAL SOCIAL
SECURFF~ NUMRER. ALL INVOICES OR New YORK
STATE STANDARD VOUCHERS SUBMI3~ED FOR PAYMENT
FOR THE SALE OF GOODS OR SERVICES OR THE LEASE
Of REAl OR PERSONAL PROPERTY TO A NEW YORK
STATE AGENCY MUST INCLUDE THE PAYEE'S
IDENTIFICATION NUMBER, I.E., THE SELLER'S OR
LESSOR'S IDENTIFICATION NUMBER. THE NUMBER IS
EITHER THE PAYEE'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER OR FEDERAL SOCIAL SECURIT~
NUMBER, OR BOTH SUCH NUMBERS WHEN THE PAYEE
HAS BOTH SUCH NUMBERS. FAILURE TO INCLUDE TH~S
NUMBER OR NUHBERS 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
2of 5
REASONS WHY THE PAYEE DOES NOT HAVE SUCH
NUMBER OR NUMBERS.
(B) PRIVACY NOTIFICATION. (I) THE AUTHORITY TO
REQUEST THE ABOVE PERSONAL INFORMATION FROM A
SELLER OF GOODS OR SERVICES OR A LESSOR OF REAL
OR PERsONal PROPERTY, AND THE aUTHORITY TO
MAINTAIN SUCH INFORMATION, IS FOUND IN BECKON S
(2) THE PERSONal INFORMATION IS REQUESTED BY THE
STate COMPTrOLlER, AESOB, ALBANY. NEW YOrK
12. EQUAl EMPLOYMENT OPPORTUNmES FOR
MINORmES AND WOMEN. IN aCCORDANCE WITH
SECTION 3 I 2 OF THE EXECUTIVE L~w, If THIS
CONTRACT IS; (I)A WRITTEN agreement OR PURCHASE
ORDER INSTRUMENT, PROVIDING FOR A TOTAL
EXPENDITURE IN EXCESS OF $25,OOO.OO, WHEREBY
A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR
DOES EXPEND FUNDS IN RETURN FOR LABOR, SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINA~ON
Of THE fOREGOINg, tO BE PERFORMED FOR, OR
RENDERED OR FURNISHED TO THE CONTRACTING
AGENCY; OR (il) A WRITTEN agreement IN EXCESS OF
$ I OO,OOO.OO WHEREBY A CONTRACTING AGENCY IS
(A) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST
(B) AT THE REQUEST OF THe CONTRACTING AGENCY, THe
CONTRACTOR SHALL REQUEST EACH EMPLOYMENT
aGENCY, LABOR UNION. OR AUTHORIZED
REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A
COLLECTIVE BARGAINING OR OTHER agreement OR
UNDERSTANDING, TO FURNISH A WRITTEN STATEMENT
THAT SUCH EMPLOYMENT AGENCY, LABOR UNION
REPRESENTATIVE WILL NOT DISCRIMINATE ON THE BASIS
OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE,
(C) THE CONTRACTOR SHALL STATE, IN ALL
SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES,
THat, IN THE PERFORMANCE OF THE STATE CONTRACT,
ALL QUALIFIED APPLICANTS WILL BE AFFORDED EQUAL
EMPLOYMENT OPPORTUNITIES WITHOUT DISCRIMINATION
BECAUSE Of RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY OR MARITAL STATUS.
CONTRACTOR Will INCLUDE THE PROVISIONS OF "A".
"B*', AND "C" ABOVE, in EVERY SUBCONTRACT OVER
3of 5
13, CONFLICTING TERMS. IN THE EVENT Of A
CONFLICT ~ET~VEEN THE TERMS OF THE CONTRACT
14. GOVERNING LAW. THIS CONTRACT SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF NEW YORK
EXCEPT WHERE THE FEDERAL SUPREMACY CLAUSE
REOUIREB OTHERWISE.
I 5, LAte PAYMENT. TIMELINESS OF PAYMENT AND
ANY INTEREST TO BE PAID TO CONTRACTOR FOR 1ATE
PAYMENT SHALL BE GOVERNED SY ART1CLE XI'A OF THE
16. NO ARBITRATION. DISPUTES INVOLVING THIS
CONTRACT. INCLUDING The BREACH OR ALLEGED
BREACH THEREOF, MAY NOT Be SUBMIttED TO BINDING
ARBITRATION (EXCEPTWHERE STATUTORILYAUTHORIZED),
I 7. SERVICE OF PROCESS. IN ADDITION tO THe
MEthO(~S OF SERVICE ALLOWED SY THE STATE CIVIL
PRACTICE LAW ~ RULES ("CPLR'), CONTRACTOr
HEREBY CONSENTS TO SERVICE OF PROCESS UPON IT
BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT
RE(~UEStED, SERVICE HEREUNDER SHALL BE
COMPLETE UPON CONTRACTOR'S ACTUAL rECEIPT OF
PROCESS OR UPON THE STATE'S RECEIPT OF The
RETURN THEREOF BY THE UNITED STATES POSTAL
SERVICE AS REFUSED OR UNDELIVERABLE.
CONTRACTOR MUST PROMPTLy NOTIFY THE STATE, IN
WRITING, OF EACH AND EVERY CHANGE OF ADDRESS TO
WHICH SERVICE OF PROCESS CAN BE MADE. SERVICE
BY THE STATE TO THE I_~ST ENOWN ADDRESS SHALL BE
SUFFICIENT. CONTRACTOR WILL HAVE THIRTY {30)
CALENDAR DAYS Ai~FEr SERVICE HEREUNDER IS
COMPLETE IN WHICH TO RESPOND.
I S. PROHIBmON ON PURCHASE OF TROPICA~
HARDWOODS. THE CONTRACTOR CERTIFIES AND
WARRANTS THAT All WOOD PRODUCTS TO BE USED
UNDER THIS CONTRACT AWARD WILL BE IN ACCORDANCE
WITH, BUT NOT LII~ITED TO, THe SPECIFICATIONS AND
PROVISIONS OF STATE FINANCE LAW SECTION
(USE OF TROPICAl HARDWOODS) WHICh PROHIBITS
PURCHASE AND USE OF TROPICAL HARDWOODS. UNLESS
SPECIFICALLY EXEMPTED, BY THE STATE OR ANY
GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION OR
PUBLIC BENEFIT CORPORATION. DUALIFICATION FOR AN
EXEMPTION UNDER THIS LAW WILL BE THE
IN ADOITION~ WHEN ANY PORTION OF THIS CONTRACT
INVOLVING THE USE OF WOODS, WHETHER SUPPLY OR
iNSTALLATION, IS TO SE PERFORMED SY ANY
SUBCONTRACTOR, THE PRiJVlE CONTRACTOR WILL
INDICATE AND CERTIFY IN THE SUBMIt-FED BID PROPOSAL
THAT THE SUBCONTRACTOR hA~ BEEN ~NFORMED AND IS
IN COMPLIANCE WITH SPECIFICATIONS AND PROVISIONS
REGARDING USE OF TROPICAL HARDWOODS A~ DETAILED
IN SECTION ~ B5 OF the STATE FINANCE LAW. ANY
SUCH USE ~IUST MEET WITH THE APPROVAL OF THE
STATE; OTHERWISE, THE BID MAY NOT SE CONSIDERED
RESPONSIVE. UNDER BIDDER CERTIFICATIONS, PROOF
I 9. MACBRIDE FAIR EMPLOYMENT PRINCIPLES, IN
ACCORDANCE With THE MAcBRIDE FAIR EMPLOYMENT
PRINCIPLES (CHAPTER SO7 Of THE LAWS OF I
THE CONTRACTOR HEREBY STIPULATES THAT THE
CONTRACTOR EITHER {A} has NO BUSINESS OPERATIONS
IN NORTHERN IRELAND~ OR {B) SHALL TARE LAWFUL
STEPS tN GOOD FAITH TO CONDUCT ANY BUSINESS
OPERATIONS IN NORTHERN IRELAND iN ACCORDANCE
WITH THE MAcBRIDE FAIr EMPLOYMENT PRINCIPLES
DF-~CRIBED IN SECTION I B5 OF THE NEW YORE STATE
FINANCE LAW), AND SHALL PERMIT INDEPENDENT
MONITORING OF COMPLIANCE WITH SUCH PRINCIPLES.
20. OMNIBUS PROCUREHENTACT OF I ~,~_. IT ~S
THE POLICY OF NEW YORE STATE TO MAXIMIZE
OPPORTUNITIES FOR THE PARTICIPATION OF NEW YORK
EMPIRE STATE DEVELOPMENt CORP.
DIVISION OF SMALL BUSINESS
ONE COMMERCE PLAZA
ALBANY, NEW YOrK 12245
PHONE: (Si 8) 473'0499
F~X: (518) 474-1512
A DIRECTORY OF MINORITY AND WOMEN'OWNED BUSINESS
ENTERPRISES IS AVAILABLE FROM:
EMPIRE STATE DEVELOPMENT CORP.
MINORITY ~ WOMEN'S BUSINESS DEVLPMT D~V.
ONE COMMERce PLAZA
ALBANY. NEW YORK 12245
PHONE: (5~ S) 473-0582
4of 5
FAX: ($ I B) 473-0665
AND
~'MPIRE STATE DEVELORMENT CORP.
633 THIRD AVENUE
NEW YORK, NY 10017
PHONE: (2 I 2) 803-24 I 4
FAX: (2 I 2) 803-3223
THE OMNIBUS PROCUREMENTACT OF I 992 REQUIRES
THAT BY SIGNING THIS BID PROPOSAL OR CONTRACT, AS
APPLICABLe, CONTRACTORS CERtiF--f that WHENEVER
T~E TOTAL BID AMOUNt ~S GREATER THAN $ I MILLION:
(A) THE CONTRACTOR HAS MADE REASONABLE EFFORTS
TO ENCOURAGE THE PARTICIPATION OF NEW YORK STATE
BUSINESS ENTERPRISES AS SUPPLIERS AND
SUBCONTRACTORS, INCLUDING CERT]FIBD MINOR~T~ AND
(S) THE CONTRACTOR HAS COMPLIED WITH THE FEDERAL
EQUAl OPPORtUNItY ACt Of ]972 (P.L. 92-26I ),
AS AMENDED;
(C) THE CONTRACTOR AGREES TO MAKE REASONABLE
EFFORT~ TO PROVIDE NOTIFICATION TO NEW YORK STATE
RESIDENTS OF EMPLOYMENT OPPORTUNITIES ON THIS
PROJECT THROUGH LISTING ANY SUCH POSITIONS WITH
THE JOB SERVICE DIVISION Of THE NEW YORK STATE
DEPARTMENT OF L-~BOR ~ OR PROVIDING SUCH
NOTIFICATION IN SUCH MANNER AS IS CONSISTENT WITH
{D) THE CONTRACTOR ACKNOWLEDGES NOTICE THAT THE
STATE MAY SEEK TO OBTAIN OFFSET CREDITS FROM
FOREIGN COUNTRIES AS A RESULT OF THIS CONTRACT
AND AGREES TO COOPERATE WITH THE STATE IN THESE
EFFORTS
2 I . RECIPROCITY AND SANCTIONS PRO-VISIONS.
BIDDERS ARE HEREBY NOT} FlED THAT IF THEIR
PRINCIPAL PLACE OF BUSINESS I$ LOCATED IN A STATE
THAT PENALIZES NEW YORK STATE VENDORS~ AND IF ~E
GOODS OR SERVICES THEY OFFER WILL BE
SUBSTANTIALLY PRODUCED OR PERFORMED OUTSIDE
NEW YORK STATE, THE OMNIBUS PROCUREMENT ACT
1994 AMENDMEN~ (ChaPTER 684, L~WS Of 1994)
REQUIRE THAT THET SE DENIED CONTRACTS WHICH THEY
WOULD OTHERWISE OBTAIN. NOTE: NEW MEXICO, S.
5of 5
APPENDIX B
STANDARD CLAUSES FOR ALL NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION NoN-HAZaRDOUS MUNICIPAL LANDFILL
CLOSURE PROUECT CONTRACTS
THE PARTIES TO THE ATTACHED CONTRACT, LICENSE, LEASE, AMENDMENT OR OTHER
AGREEMENT OF ANY KIND (HEREINAFTER mlThe CONTRACT" OR nTHiS 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 TO THE CONTRACT, OTHER THAN THE NEW
YORK State DEPARTMENT OF ENVIRONMENTal CONSERVATION (HEREINAFTER "DEPARTMENT").
THE DEPARTMENT SHALL HaVE THE RIGHT TO POSTPONE, SUSPEND, ABANDON OR TERMINATE
THIS CONTRACT, AND SUCH ACTIONS SHALL IN NO EVENT BE DEEMED A BREACH OF
CONTRACT. IN THE EVENT OF ANY TERMINATION, POSTPONEMENT, DELAY, SUSPENSION OR
ABANDONMENT, THE CONTRACTOR SHALL DELIVER TO THE DEPARTMENT ALL DATA, REPORTS,
PLANS, or OTHER DOCUMENTATION RELATED TO THE PERFORMANCE OF THIS CONTRACT,
INCLUDING BUT NOT LIMiteD TO GUARANTEES, WARRANTIES, AS-BUILT PLANS AND SHOP
DRAWINGS. IN ANY OF THESE EVENTS, THE DEPARTMENT SHALL MAKE SETTLEMENT WITH THE
CONTRACTOR UPON AN EOUITABLE BASIS AS DETERMINED BY THE DEPARTMENT WHICH SHALL
FIX THE VALUE OF THE WORK WHICH WAS PERFORMED aY THE CONTRACTOR PRIOR TO THE
POSTPONEMENT, SUSPENSION, ABANDONMENT Or TERMINATION OF THIS CONTRACT. THIS
CLAUSE SHALL NOT APPLY TO THIS CONTRACT IF THE CONTRACT CONTAINS OTHER
PROVISIONS APPLICABLE TO POSTPONEMENT, SUSPENSION OR TERMINATION OF THE
CONTRACT.
II.
Iii.
THE CONTRACTOR AGREES THAT IT WILL INDEMNIFY AND SAVE HARMLESS THE DEPARTMENT
AND THE STATE OF NEW YORK FROM AND AGAINST All LOSSES FROM CLAIMS, DEMANDS,
PAYMENTS, SUITS, ACTIONS, RECOVERIES AND JUDGMENTS OF EVERY NATURE AND
DESCRIPTION BROUGHT OR RECOVERED AGAINST It BY REASON OF ANY OMISSION OR ACT OF
THE CONTRACTOR, ITS aGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE
OF THIS CONTRACT. THE DEPARTMENT AND THE State OF NEW YOrk MAY RETAIN SUCH
MONIES FROM THE AMOUNT DUE CONTRACTOR AS MAY BE NECESSARY TO SATISFY ANY CLAIM
for DAMAGES, COSTS AND THE like, WHICH IS ASSERTED AGAINST THE DEPARTMENT AND/OR
THE STATE OF NEW YORK.
(a)
CONFLICT OF INTEREST. To THE BEST OF THE CONTRaCTORIS KNOWLEDGE AND
BELIEF, THE CONTRACTOR WARRANTS THAT THERE ARE NO RELEVANT FACTS OR
CIRCUMSTANCES WHICH COULD GIVE RISE TO AN ORGANIZATIONAL CONFLICT OF
INTEREST, AS HEREIN DEFINED~ OR THAT THE CONTRACTOR HAS DISCLOSED ALL SUCH
RELEVANT ~NFORMATION TO THE DEPARTMENT.
(si
AN ORGANIZATIONAL CONFLICT OF INTEREST EXISTS WHEN THE NATURE OF THE WORK
TO BE PERFORMED UNDER THIS CONTRACT MAY, WITHOUT SOME RESTRICTION ON
FUTURE ACTIVITIES, EITHER RESULT IN AN UNFAIR COMPETITIVE ADVANTAGE TO THE
CONTRACTOR OR IMPair or APPEAR TO IMPAIR THE CONTRACTORiS OBUECTIVI~Y IN
PERFORMING THE WORK FOR THE DEPARTMENT.
May 18, 1993 Page I of 7
(C)
(D)
(E)
(F)
(G)
THE CONTRACTOR AGREES THAT IF AN ACTUAL, APPARENT, OR POTENTIAL
ORGANIZATIONAL CONFLICT OF INTEREST IS DISCOVERED AT ANY TIME AFTER AWARD,
WHETHER BEFORE OR DURING PERFORMANCE, THE CONTRACTOR WILL IMMEDIATELY
MAKE A FULL DISCLOSURE IN WRITING TO THE DEPARTMENT. THIS DISCLOSURE SHALL
INCLUDE A DESCRIPTION OF ACTIONS WHICH THE CONTRACTOR HAS TAKEN OR
PROPOSES TO TAKE, AFTER CONSULTATION WITH THE DEPARTMENT, TO AVOID,
MITIGATE, OR MINIMIZE THE ACTUAL Or POTENTIAL CONFLICT.
REMEDIES - THE DEPARTMENT MAY TERMINATE THIS CONTRACT IN WHOLE OR IN PART,
IF It DEEMS SUCH TERMINATION NECESSARY TO AVOID AN ORGANIZATIONAL OR
PERSONAL CONFLICT OF INTEREST, OR AN UNAUTHORIZED DISCLOSURE OF
INFORMATION. IF THE CONTRaCtOR was AWARE OF a POTENTIAL CONFLICT OF
INTEREST PRIOR TO AWARD, OR DISCOVERED AN ACTUAL OR POTENTIAL CONFLICT
AFTER AWARD AND DID NOT DISCLOSURE OR MISREPRESENTED RELEVANT INFORMATION
TO THE DEPARTMENT, THE DEPARTMENT MAY TERMINATE THE CONTRACT~ OR PURSUE
SUCH OTHER REMEDIES AS MAY BE PERMI~FED BY THE TERMS OF CLAUSE I OF THIS
APPENDIX OR OTHER APPLICABLE PROVISIONS OF THIS CONTRACT REGARDING
TERMINATION.
IN ADDITION TO THE REOUIREMENTS OF THE ABOVE CLAUSES WITH RESPECT TO
ORGANI~ATIONAL CONFLICTS OF INTEREST, THE FOLLOWING PROVISION WITH REGARD
TO EMPLOYEE PERSONNEL PERFORMING UNDER THIS CONTRACT SHALL APPLY UNTIL
THE EARLIER OF THE TERMINATION DATE OF THE AFFECTED EMPLOYEE(S) OR THE
DURATION OF THE CONTRACT.
THE CONTRACTOR AGREES TO NOTIFY THE DEPARTMENT ]MMEDIATELY OF ANY ACTUAL,
APPARENT OR POTENTIAL PERSONAL CONFLICT OF INTEREST WITH REGARD TO ANY
EMPLOYEE~ SUBCONTRACTOR EMPLOYEE, OR CONSULTANT WORKING ON OR HAVING
ACCESS TO INFORMATION REGARDING T~JS CONTRACT, AS SOON AS CONTRACTOR
BECOMES AWARE OF SUCH CONFLICT. A PERSONAL CONFLICT OF ~NTEREST IS
DEFINED AS A RELATIONSHIP OF AN EMPLOYEE, SUBCONTRACTOR EMPLOYEE, OR
CONSULTANT WITH AN ENTITY THAT MAY IMPAIR OR APPEAR TO IMPAIR THE OBJECTIVITY
OF THE EMPLOYEE~ SUBCONTRACTOR EMPLOYEE, OR CONSULTANT ~N PERFORMING
THE CONTRACT WORK. THE DEPARTMENT WILL NOTIFY THE CONTRACTOR OF THE
APPROPRIATE ACTION TO BE TAKEN.
To THE EXTENT THAT THE WORK UNDER THIS CONTRACT REOUIRES ACCESS TO
PROPRI~-rARY OR CONFIDENTIAL BUSINESS OR FINANCIAL DATA OF OTHER COMPANIES,
AND AS LONG AS SUCH DATA REMAINS PROPRIETARY OR CONFIDENTIAL, THE
CONTRACTOR SHALL PROTECT SUCH DATA FROM UNAUTHORIZED USE AND DISCLOSURE
AND AGREES NOT TO USE IT TO COMPETE WITH SUCH COMPANIES.
THE CONTRACTOR SHALL CERTIFY ANNUALLY THAT, TO THE BEST OF THE
CONTRACTOR'S KNOWLEDGE AND BELIEF, ALL ACTUAL, APPARENT OR POTENTIAL
CONFLICTS OF INTEREST, BOTH PERSONAL AND ORGANIZATIONAL, HAVE BEEN
REPORTED TO THE DEPARTMENT. SUCH CERTIFICATION MUST BE SIGNED BY a SENIOR
EXECUTIVE OF THE CONTRACTOR AND SUBMITTED IN aCCORDANCE WITH INSTRUCTIONS
PROVIDED BY THE DEPARTMENT, ALONG WITH THE ANNUAL CERTIFICATION, THE
CONTRACTOR SHALL aLSO SUBMIT aN UPDATE OF ANY CHANGES IN THE CONFLICT Of
INTEREST PLAN SUBMI~ED WITH ITS PROPOSAL FOR THIS CONTRACT. THE INitial
CERTIFICATION SHALL COVER THE ONE-YEAR PERIOD FROM THE DATE OF CONTRACT
May 18, 1993 Page 2 of 7
AWARD, AND ALL SUBSEC)UENT CERTIFICATIONS SHALL COVER SUCCESSIVE ANNUAL
PERIODS THEREAFTER. THE CERTIFICATION IS TO BE SUBMITTED NO LATER THAN 45
DAYS AFTER THE CLOSE OF THE PREVIOUS CERTIFICATION PERIOB COVERED.
(h)
THE CONTRACTOR RECOGNIZES THat EMPLOYEES IN PERFORMING THIS CONTRACT MAY
HAVE ACCESS TO DATA, EITHER PROVIDED BY THE DEPARTMENT OR FIRST GENERATED
DURING CONTRACT PERFORMANCE, OF A SENSITIVE NATURE WHICH SHOULD NOT BE
RELEASED WITHOUT DEPARTMENT aPPROVal. THEREFORE, THE CONTRACTOR AGREES
TO OBTAIN CONFIBENTIALI~ AGREEMENTS FROM ALL EMPLOYEES WORKING ON
REC)UIREMENTS UNDER THIS CONTRACT INCLUDING SUBCONTRACTORS AND
CONSULTANTS. SUCH AGREEMENTS SHALL CONTAIN PROVISIONS WHICH STIPULATE
THAT EACH EMPLOYEE AGREES THAT THE EHPLOYEE WILL NOT DISCLOSE, EITHER IN
WHOLE OR IN PART, TO ANY ENTITY EXTERNAL TO THE DEPARTMENT, DEPARTMENT OF
HEalth OR THE NEW YORK STATE DEPARTMENT OF LAW, ANY INFORMATION OR DATA
PROVIDED BY THE DEPART~IENT OR FIRST GENERATED BY THE CONTRACTOR UNDER
THIS CONTRACT, ANY SITE-SPECIFIC COST INFORMATION, OR ANY ENFORCEMENT
STRATEGY WITHOUT FIRST OBTAINING THE WRITIrEN PERMISSION OF THE DEPARTMENT.
IF A CONTRACTOR, THROUGH AN EMPLOYEE OR OTHERWISE, IS SUBPOENAED TO
TESTIFY OR PRODUCE DOCUMENTS, WHICH COULD RESULT IN SUCH DISCLOSURE, THE
CONTRACTOR MUST PROVIDE IMMEDIATE ADVANCE NOTIFICATION TO THE DEPARTMENT
SO That THE DEPARTMENT CAN AUTHORIZE SUCH DISCLOSURE or HAVE THE
OPPORTUNIT~ TO TAKE ACTION TO PREVENT SUCH DISCLOSURE. SUCH AGREEMENTS
SHALL BE EFFECTIVE FOR THE LIFE OF THE CONTRACT AND FOR a PERIOB OF FIVE (5)
YEARS AFTER COMPLL--rION OF THE CONTRACT.
(i)
THE CONTRACTOR AGREES TO INSERT IN EACH SUBCONTRACT OR CONSULTANT
AGREEMENT PLACED HEREUNDER (EXCEPT FOR SUBCONTRACTORS OR CONSULTANT
AGREEMENTS FOR WELL DRILLING, FENCE ERECTING, PLUMBING, UTILI~ HOOKUPS,
SECURI~J~ GUARD SERVICES, OR ELECTRICAL SERVICES) PROVISIONS WHICH SHALL
CONFORM SUBSTANTIALLY TO THE LANGUAGE OF THIS CLAUSE, INCLUDING THIS
PaRAGRaPH (1), UNLESS OTHERWISE AUTHORIZED BY THE DEPARTMENT.
IF THIS IS A CONTRACT FOR WORK RELATED tO ACTION AT AN INACTIVE HAZARDOUS WASTE
SITE, THE FOLLOWING PARAGRAPH SHALL APPLY:
(J)
DUE TO THE SCOPE AND NATURE OF THiS CONTRACT, THE CONTRACTOR SHALL
OBSERVE THE FOLLOWING RESTRICTIONS ON FUTURE HAZARDOUS WASTE SITE
CONTRACTING FOR THE DURATION OF THE CONTRACT.
(I)
THE CONTRACTOR WILL BE INELIGIBLE TO ENTER INTO A CONTRACT FOR REMEDIAL
ACTION PROJECTS FOR WHICH THE CONTRACTOR HAS DEVELOPED THE STATEMENT OF
WORK OR THE SOLICITATION PACKAGE.
(2) THE CONTRACTOR, DURING THE LIFE OF THE WORK ASSIGNMENT AND FOR A PERIOD
OF FIVE (5) YEARS AFTER THE COMPLETION OF THE WORK ASSIGNMENT, AGREES NOT
TO ENTER INTO A CONTRACT WITH OR tO REPRESENT ANY PARTY WITH RESPECT TO
ANY WORK RELATING TO REMEDIAL ACTIVITIES OR WORK PERTAINING TO A SITE WHERE
THE CONTRACTOR PREVIOUSLY PERFORMED WORK FOR THE DEPARTMENT UNDER THIS
CONTRACT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE DEPARTMENT.
{3) THE CONTRACTOR AGREes IN ADVANCE THAT IF ANY BIDS/PROPOSALS ARE SUBMI~rED
FOR ANY WORK FOR A THirD PAR~ THAT WOULD REQUIRE WRITTEN APPROVAL OF THE
DEPART~ENT PRIOR TO ENTERING INTO A CONTRACT BECAUSE OF THE RESTRICTIONS
May 18, 1993 Page 3 of 7
IV.
VI.
VII.
OF THIS CLAUSE, THEN THE BIDS/PROPOSALS ARE SUBMIttED AT THE CONTRACTOR'S
OWN RISK, AND NO CLAIM SHALL BE MADE AGAINST THE DEPARTMENT TO RECOVER
BID/PROPOSAL COSTS AS A DIRECT COST WHETHER THE REQUEST FOR AUTHORiZAT~ON
TO ENTEr INTO THE CONTRACT IS DENIED OR APPROVED.
ALL REC)UESTS FOR PAYMENT BY THE CONTrACTOr MUST BE SUBMI~rED ON FORMS
SUPPLIED aND. APPROVED BY THE DEPARTMENT. EACH PAYMENT REC~UEST MUST CONTAIN
SUCH ITEMS OF INFORMATION AND SUPPORTING DOCUMENTATION AS Are REQUIRED BY THE
DEPARTMENT, AND SHALL BE ALL-INCLUSIVE FOr THE PERIOD OF TIME COVERED BY THE
PAYMENT rEQUEST.
TO THE EXTENT THAT FEDERAL FUNDS ARE PrOViDED TO THE CONTRACTOR OR USED IN
PAYING THE CONTrACTOr UNDEr THIS CONTRACT, THE CONTRACTOR AGREES THAT It WILL
COMPLY WITH ALL APPLICABLE FEDERAL LAWS AND REGULATIONS, INCLUDING BUT NOT
LIMITED TO THOSE LAWS AND REGULATIONS UNDER WHICH THE FEDERAL FUNDS WERE
AUTHORIZED. THE CONTRACTOR FURTHER AGREES TO INSERT IN ANY SUBCONTRACT
HEREUNDER, PROVISIONS WHICH SHALL CONFORM SUBSTANTIALLY TO THE LANGUAGE OF
THIS CLAUSE, INCLUDING THIS PARAGRAPH.
THE CONTRACTOR SHALL HAVE THE STATUS OF AN INDEPENDENT CONTRACTOR.
ACCORDINGLY~ THE CONTRACTOR AGREES That IT WILL CONDUCT ITSELF IN A MANNEr
CONSISTENT WITH SUCH STATUS, AND THAT it WILL NEITHER HOLD ITSELF OUT AS. NOR
CLAIM TO BE, AN OFFICEr OR EMPLOYEE OF THE DEPARTMENT BY REASON OF THIS
CONTRACT. IT FURTHER AGREES THAT IT WILL NOT MAKE ANY CLAIM, DEMAND OR
APPLICATION TO THE DEPARTMENT FOr ANY RIGHT OR PRIVILEGE APPLICABLE TO AN
OFFICER OR EMPLOYEE OF THE DEParTMENT, INCLUDING BUT NOT LIMITED tO WOrKEr'S
COMPENSATION COVERAGE~ UNEMPLOYMENT INSURANCE BENEFITS, SOCIAL SECURITY
COVERAGE, Or RETIREMENT MEMBERSHIP Or CREDIT.
THE TERMS CONTAINED IN THIS CLAUSE SHALL HAVE THe DEFINITIONS AS GIVEN IN, AND
SHALL BE CONSTRUED ACCORDING TO THE INtENt OF ArTICLe I 5-A OF THE EXECUtiVE
Law, 9 N¥CRR PaRT 540, ET. SE(:>., ARtiCLE 52 OF the ENVlRONI~ENTAL CONSerVATION
LAW AND 6 N¥CRR PaRT 6 I 5, ET. seQ., AB APPLICABle, AND ANY GOALS ESTABLISHED BY
THIS CLAUSE ARE SUBJECT TO THE INTENT OF SUCH LAWS AND REGULATIONS.
(a)
If THE MAXIMUM CONTRACT PRICE HEREIN EQUALS OR EXCEEDS $;~5,000, AND THIS
CONTRACT IS FOR LABOr, SERVICES, SUPPLIES, EOUIPMENT, OR MATERIALS;
IF THE MAXIMUM CONTRACT PRICE HEREIN EQUALS OR EXCEEDS $ 100,000 AND
THIS CONTRACT IS FOr THE ACQUISITION, CONSTRUCTION, DEMOLITION,
REPLACEMENT, MAJOr rEPAIr OR rENOVATION OF real PROPERT~ AND
IMPROVEMENTS THEREON;
May 18, 1993 Page 4 of 7
THE AFFIRMATIVE ACTION PROVISIONS AND EQUAL EMPLOYMENT OPPORTUNITY
PROVISIONS CONTAINED IN THIS PARAGRAPH AND PARAGRAPHS B-F OF THIS CLAUSE
SHALL BE APPLICABLE WITHIN THE LIMITATIONS ESTABLISHED BY EXECUTIVE LAW
§3 I 2 AND 3 I 3 aND The APPLICABLE REGULATIONS.
THE CONTRACTOR IS REOUESTED TO MAKE GOOD FAITH EFFORTS TO SUBCONTRACT AT
LEAStS.8 PERCENT OF The DOLLAR VALUE Of thIS CONTRACT TO MINORITY OWNED
BUSINESS ENTERPRISES (MBEs) AND At LEAST 8.8 PERCENT OF SUCh ValUE TO
WOMEN OWNED BUSINESS ENTERPRISES (WBEs).
(2)
THE CONTRACTOR IS ReOUESTED TO MAKE GOOD FAITH EFFORTS TO EMPLOY OR
CONTRACTUALLY REOUIRE ANY SUBCONTRACTOR WITH WHOM IT CONTRACTS TO MAKE
GOOD FAith EFFORTS TO EMPLOY MINORi~ GROUP MEMBERS FOR AT LEAST IO
PERCENT OF, AND WOMEN FOR AT LEAST ~ 0 PERCENT OF, THE WORKFORCE HOURS
REOUIRED TO PERFORM THE WORK UNDER THIS CONTRACT.
(3)
THE CONTRACTOR IS REOUESTED TO MAKE GOOD FAITH EFFORTS TO SOLICIT THE
MEANINGFUL PARTICIPATION BY ENTERPRISES IDENTIFIED IN THE NEW YORK STATE
DIRECTOR OF CERTIFIED BUSINESSES PROVIDED BY THe GOVERNOR% OFFICE OF
MINORITY AND WOMEN'S BUSINESS DEVELOPMENT.
(b)
THE CONTRACTOR AGREES TO INCLUDE THE PROVISIONS SL--r FORTH IN PARAGRAPH
(A) ABOVE AND PARAGRAPHS (A), (B) AND (C) OF CLAUSE I 2 OF APPENDIX A IN
EVERY SUBCONTRACT IN SUCH A MANNER THAT THE PROVISIONS WILL BE BINDING
UPON EACH SUBCONTRACTOR AS TO WORK UNDER SUCH SUBCONTRACT. FOR THE
PURPOSE OF THIS PARAGRAPH, A "SUBCONTRACT" SHALL MEAN AN AGREEMENT
PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF $25,000 FOR THE
CONSTRUCTION, DEMOLITION, REPLACEMENT, MA~OR REPAIR, RENOVATION, PLANNING
OR DESIGN OF REAL PROPERTY AND IMPROVEMENTS THEREON IN WHICH A PORtiON OF
THE CONTRACTORIS OBLIGATION UNDER A STATE CONTRACT IS UNDERTAKEN OR
ASSUMED.
(c)
THE CONTRACTOR IS REOUESTED TO MAKE GOOD FAITH EFFORTS TO UTILIZE THE
MBE/WBEs IDENTIFIED IN THE UTILIZATION PLAN TO THE EXTENT INDICATED IN SUCH
PLAN, AND OTHERWISE TO IMPLEMENT IT ACCORDING TO ITS TERMS. THE
CONTRACTOR IS REOUESTED TO REPORT ON SUCH IMPLEMENTATION PERIODICALLY AS
PROVIDED BY THE CONTRACT, OR ANNUALLY, WHICHEVER IS MORE FREOUENT. THE
CONTRACTOR ALSO AGREES TO INCORPORATE INTO ANY CONTRACT WITH
SUBCONTRACTORS, PROVISIONS APPLICABLE TO RECORDKEEPING, REPORTING,
NOTICE REOUIREMENTS AND ACTIONS SUGGESTED BY THE DEPARTMENT TO IMPLEMENT
THE UTILIZATION PLAN, ANO THE INTENT OF THE EXECUTIVE LAW ARTICLE I 5-A, THE
REGULATIONS PROMULGATED THEREUNDER, AND OTHER APPLICABLE LAW AND
REGULATIONS.
(D)
THE CONTRACTOR HEREBY AGREES TO COMPLY WITH THE INTENT OF THE APPLICABLE
PROVISIONS Of EXECUTIVE LAW ARTICLE I S-A aND THE REgULAtIONS PROMULGATED
tHEREUNDer. Executive LAW §312, 3 I 3 AND 316 ARE HEREBY iNCORPORaTED
BY REFERENCE.
PRIOR tO THE COMMENCEMENT OF ANY WORK UNDER THIS CONTRACT, THE CONTRACTOR IS
REOUIRED TO MEET ALL LEGAL REOUIREMENTS NECESSARY IN THE PERFORMANCE OF THE
May 18. 1993 Page 5 of 7
IX.
CONTRACT. THIS INCLUDES BUT IS NOT LIMITED TO COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS PROMULGATED THEREUNDER. IT IS
THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN ANY NECESSARY PERMITS, OR OTHER
AUTHORIZATIONS. BY SIGNING THIS CONTRACT, THE CONTRACTOR AFFIRHATIVELY
REPRESENTS THAT IT HAS COMPLIED WITH SAID LAWS, UNLESS IT ADVISES THE DEPARTMENT
OTHERWISE, IN WRITING. THE DEPARTMENT SIGNS THIS CONTRACT IN RELIANCE UPON THIS
REPRESENTATION.
DURING THE TERM OF THIS CONTRACT, ANY EXTENSIONS THEREOF, THE CONTRACTOR MUST
REMAIN IN COMPLIANCE WITH SAID LAWS. A FAILURE TO NOTIFY THE DEPARTMENT OF NON-
COMPLIANCE OF WHICH THE CONTRACTOR WAS OR SHOULD HAVE BEEN AWARE, mAY BE
CONSIDERED A MATERIAL BREACH OF THIS CONTRACT.
(A)
WHEN APPROPRIATE, THE CONTRACTOR SHALL POST, IN A LOCATION DESIGNATED BY
THE DEPARTMENT, a COPY OF THe NEW YORK STATE DEPARTMENT OF LABOR
SCHEDULES OF PREVAILING WAGES AND SUPPLEMENTS FOR THIS PROJECT, A COPY
OF ALL RE-DL-~ERMINATIONS OF SUCH SCHEDULES FOR THE PROJECT, THE WORKERSi
COMPENSATION LAW SECTION 5 I NOTICE, ALL OTHER NOTICES REGUIRED BY LAW TO
BE POSTED at THE SlTEi THE DEPARTMENT OF LABOR NOTICE THAT THIS PROUECT IS
A PUBLIC WORK PROJECT ON WHICH EACH WORKER IS ENTITLED TO RECEIVE THE
PREVAILING WAGES AND SUPPLEMENTS FOR their OCCUPATION, AND ALL OTHER
NOTICES WHICH THE DEPARTHENT DIRECTS THE CONTRACTOR TO POST. THE
CONTRACTOR SHALL PROVIDE A SURFACE FOR SUCH NOTICES WHICH IS SATISFACTORY
TO THE DEPARTMENT. THE CONTRACTOR SHALL MAINTAIN SUCH NOTICES IN A LEGIBLE
mANNER AND SHALL REPLACE ANY NOTICE OR SCHEDULE WHICH IS DAMAGED,
DEFACED, ILLEGIBLE OR REMOVED FOR aNY REASON. CONTRACTOR SHALL POSt
SUCH NOTICES BEFORE COMMENCING ANY WORK ON THE SITE AND SHALL MAINTAIN
SUCH NOTICES UNTIL ALL WORK ON THE SITE IS COMPLETE.
(B)
WHEN APPROPRIATE, CONTRACTOR SHALL DISTRIBUTE TO EACH WORKER FOR THIS
CONTRACT A NOTICE, IN A FORM PROVIDED BY THE DEPARTHENT, THAT THIS PROdECT
IS A PUBLIC WORK PROJECT ON WHICH EACH WORKER IS ENTITLED TO RECEIVE THE
PREVAILING WAGE AND SUPPLEHENTB FOR THE OCCUPATION AT WHICH HE OR SHE IS
WORKING. WORKER INCLUDES EMPLOYEES OF CONTRACTOR AND ALL
SUBCONTRACTORS AND ALL EMPLOYEES OF SUPPLIERS ENTERING THE SITE. SUCH
NOTICE SHALL BE DISTRIBUTEB TO EACH WORKER BEFORE THEY START PERFORMING
ANY WORK OF THIS CONTRACT. AT THE Time OF DISTRIBUTION, CONTRACTOR SHALL
HAVE EACH WORKER SIGN A STATEMENT, IN A FORm PROVIDED BY THE DEPARTMENT,
CERTIFYING THAT THe WORKER HAS RECEIVED THE NOTICE REOUIRED BY THIS
SECTION, WHICH SIGNED STATEMENT SHALL BE MAINTAINED WITH THE PAYROLL
RECORDS REOUJRED BY THE FOLLOWING PARAGRAPH (C).
(c)
CONTRACTOR SHALL MAINTAIN ON THE SITE THE ORIGINAL CERTIFIED PAYROLLS OR
CERTIFIED TRANSCRIPTS THEREOF WHICH CONTRACTOR AND ALL OF ITS
SUBCONTRACTORS ARE REGUIRED TO mAINTAIN PURSUANT TO THE NEW YORk
LABOR LAW SECTION ;:)20. CONTRACTOR SHALL mAINtAIN WITH THE PAYROLLS OR
TRANSCRIPTS THEREOF~ THE STATEMENTS SIGNED BY EACH WORKER PURSUANT TO
PARAGRAPH (B).
May 18, 1993 Page 6 of 7
XI.
Xll,
IN ACCORDANCE WITH State LAW (CHAPTER 55 Of THE lAWS Of I cj92), THE
DEPARTMENT HAS THE AUTHORITY TO ADMINISTRATIVELY OFFSET ANY MONIES DUE IT FROM
THE CONTRACTOR, FROM PAYMENTS DUE TO THE CONTRACTOR UNDER THIS CONTRACT.
THE CONTRACTOR AGREES THAT IF SELECTED AS THE LOWEST BIDDER, THE CONTRACTOR
WILL STIPULATE CONCERNING ADHERENCE tO THE N1ACBRIDE FAIR EMPLOYMENt
PRINCIPLES, AS PRESCRIBED SY CHAPTER 807, OF THE LAWS Of 1992. SECTION 174-
B OF the State FINANCE LAW REQUIRES that BEFORE ENTERING iNtO certain State
CONTRACTS, PERSONS OR ENTITleS STIPULAte THAT theY Either ( I ) HAVE NO BUSINESS
OPERATIONS IN NORTHERN IRELAND; Or, (2) IF SO ENGAGED, WILL CONDUCT SUCH
OPERATIONS IN ACCORDANCE WITH THE MACBRIDE FAIR EMPLOYMENt PRINCIPLES.
FOR CONTRACTS COMP~--~ITIVELY BID, IF THE LOWEST RESPONSIBLE 81DDER FALLS TO
STIPULATE AS REQUIRED BY SECTION I 74-E~, AND ANOTHER BIDDER, WHOSE BID PRICE
FOR GOODS, SERVICES OR CONSTRUCTION OF COMPARABLE OUALIT~ IS WITHIN FIVE
PERCENT OF THE LOWEST BID, HAS SO STIPULATED, THE CONTRACTING ENTITY SHALL REFER
SUCH BIDS tO THE OFFICE OF GENERal SERVICES. THE PURPOSE OF SUCH REFERRAL IS
A DETERMINATION BY THE COMMISSIONER OF GENERAL SERVICES WH~THER It IS ~N THE
BEST INTERESTS OF THE STATE TO REUECT THE LOW BID AND TO AWARD THE CONTRACT TO
ANOTHER OUALIFYING BIDDER.
PURSUANT TO SECTION I ~;7-B OF THE STATE FINANCE LAW, UNLESS OTHERWISE
EXEMPTED, ANY BID~ PROPOSAL OR OTHER RESPONSE TO A SOLICITATION FOR BID OR
PROPOSAL WHICH PROPOSES OR CALLS FOR THE USE OF ANY TROPICAL HARDWOOD OR
OTHER TROPICAL WOOD PRODUCT IN PERFORMANCE OF THE CONTRACT SHALL BE DEEMED
NON-RESPONSiVE.
IN THE EVENT OF A CONFLICT BetWEEN THE TERMS Of THIS APPENDIX E~ AND THE tERMS Of
THE CONTRACT (iNCLUDING ANY AND ALL AS-~ACHMENTS THERETO AND AHENDMENTS
THEREOF, BUt NOT INCLUDING APPENDIX A), THE TERMS OF THiS APPENDIX B ShaLL
CONTROL. iN THE EVENT Of A CONFLICT BETWEEN THE TERMS Of THIS APPENDIX B AND
APPENDIX A, THE TERMS OF APPENDIX A SHALL CONTROL.
May 18. 1993 Page 7 of 7
TITLE 5, NON-HAZARDOUS ~V~UNICIPAL LANDFILL CLOSURE PROJECTS
CONTRACT FOR STATE ASSISTANCE PAYMENTS
FOR MUNICIPAL LANDFILL CLOSURE PROUECTS
APPENDIX C
DOCUMENTATION FOR REIMBURSEMENT CLAIMS MaDE ON STATE AID VOUCHER
THE IVIUNICIPALITY MUST SUBMIT THE FOLLOWING DOCUMENTATION TO THE
DEPARTMENT IN SUPPORT OF REIMBURSEMENT CLAIMS:
I)
A SUMMARY SHOWING ONE HUNDRED PERCENT ( I 00%) OF THE COSTS CLAIMED BY
MAJOR CATEGORY (E.G. SALARIES AND WAGE SUPPLIES, EOUIPMENT) SHOULD
APPEAR IN THE DESCRIPTION OF CHARGES SECTION Of THE STATE AID VOUCHERS;
2)
FOR SALARIES AND WAGES (PERSONAL SERVICES), SCHEDULE SHOULD BE A~rACHED
SHOWING THE EMPLOYEESi NAMES, TITLES, PERIOD COVERED~ HOURS WORKED,
RATES AND AMOUNTS SUPPORTING THE TOTAL SHOWN ON THE STATE AID VOUCHER;
3)
FOR OTHER THAN SALARIES AND WAGES, SCHEDULES OF SOURCE DOCUMENTS
(VOUCHER AND/OR CHECK NUMBER) SHOULD BE AT~ACHED SHOWING THE PAYEES~
BRIEF DESCRIPTION OF GOODS OR SERVICES PROVIDED~ AND AMOUNT BY CATEGORY
AS SHOWN ON THE STATE AID VOUCHER;
A coPY OF ANY SUB-CONTRACTS INTO WHICH THE GRANTEE ENTERED UNDER THE
PRO~IECT MUST ACCOMPANY THE FIRST CLA]M WHICH INCLUDES PAYMENTS UNDER
THE SUB-CONTRACTS(S) IN (~UESTION. COPIES OF MAUOr CHANGE ORDERS MUST
BE SIMILARLY PROVIDED; AND
5)
COPIES OF GF~ANTEE VOUCHERS AND/OR CANCELED CHECKS COVERING PAYMENTS
ON SUB-CONTRACTS MUST BE PROVIDED TO SUPPORT THE AMOUNT OF
CONTRACTUAL SERVICES INCLUDED ON THE STATE AID VOUCHERS.
THE FOLLOWING SENTENCE SHOULD BE TYPED IN THE LOWER LEFT CORNER OF THE
DESCRIPTION OF CHARGES SECTION OF THE STATE AID VOUCHERS:
THE PAYEE ADDITIONALLY CERTIFIES THAT THE PROCUREMENT OF ANY GOODS
AND SERVICES FOR WHICH REIMBURSEMENT IS CLAIMED WAS, TO THE EXTENT
APPLICABLE, ACCOMPLISHED IN ACCORDANCE W~TH THE PROVISIONS OF
GENERAL MUNICIPAL LAW AND IN ACCORDANCE WITH ALL OTHER LAWS,
RULES OR REGULATIONS GOVERNING PROCUREMENT BY THE PAYEE.
APPENDIX D
1996 CLEAN WATER, CLEAN AIR BOND ACT
Credit Sign Specifications
Size: Horizontal format - 48" wide by 24" high
Construction Materials: Aluminum blank sign hoards with vinyl sheeting.
Inserts: "Project Site Name,' "Local Project Sponsor" and "Municipal Executive"
indicate position, size and topography for specific project names and sponsor
to be inserted.
Color Scheme:
Copy surrounding DEC logo - "NEW YORK STATE DEPARTM. ENT
OF ENVIRONMENTAL CONSERVATION" - PMS 355
DEC logo: PMS 301
PMS 355 Green
TEXT:
1996 Clean Water/Clean Air Bond Act PMS 301
Project Site Name/Local Project Sponsor PMS 355
Names of Governor, Commissioner, Municipal Executive PMS 301
Type Specifications: All type is Caslon 540, with the exception of the logotype.
Format is: center each line of copy with small caps and
initial caps.
Production Notes: 48" X 24" aluminum blanks will be covered with vinyl sheeting to
achieve background color. Copy and logo will be silk screened on
this surface.
Signs can be obtained by contacting:
Mr. Charles Barnard
Assistant Industrial Supervisor
Eastern New York Correctional Facility
Box 950
Nappanoch, New York 12458
Grant recipients must provide a project site name, the local project sponsor, and the name
of the appropriate municipal executive to be inserted on the sign.
Page 1 of 2
1. 996 C LEAN WATER/C LEAN AIR
BOND ACT
PROJECT SITE NAME
LOCAL PROJECT SPONSOR
George E. Pataki, Governor
.|oh n P. Cahill, 6'omm~k~ioner
Municipal Executive