Loading...
HomeMy WebLinkAboutWork Program PlanRESOLUTION 2011-125 ADOPTED DOC ID: 6616 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-125 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 1,2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment to the Work Program Plan between the Town of Southold and the New York State Department of State in connection with Agreement #C006793 (Planning: Design & Construction for 11 Stormwater Management Projects) to include New Suffolk Beach and Lake Mobil on Fishers Island, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans APPENDIX X MODIFICATION AGREEMENT FORM Agency Code: 19000 Contract Period: 10/24/07 to 06/30/11 Contract No.: C006793 Funding for Period: $260,000 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office at 99 Washington Avenue, Albany, New York, 1223 ! (hereinafter referred to as the STATE), and Town of Southold (hereinafter referred to as the CONTRACTOR), for modificgtion of Contract Number C006793, as amended in attacbed Appendix D. Terms and conditions of this amendment are sUbject to continued availability of funds for this contract. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. CONTRAC$,QI/S IGNATURE By: ~--~"/~~/ By: (print name) Title: Date: Title: Date: NYS DEPARTMENT OF STATE (print name) Slate Agency Certification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be allacbed to all other exact copies of this contract." ACKNOWLEDGMENT State of New York ) Countyof P.-b [ K )ss: dayof ~'e~(',.~.o~,~ , in the year 20 (_( , before me personally appeared On this .~t°~e::>~/~-~/q. ~64,..(f e/t/, to me known, who being by me duly sworn, did depose and say that he/sh~, is the ~'t~4~L~'O~S~:>/" of '~W.~Q C:>'-~ .~r~ 64'~>t/~O~,theorganiZation described in and which executed the above instrument; and that he/she has the authority to sign on behalf of said organization; and that he!x.he executed the foregoing agreement for and on behalf of said organization. NOTARY PUBLIC Approved: Thomas P. DiNapoli State Comptroller LYNDA M ~ NOTARY PUBLIC, State of New York NO. O1~,J~16020932, Suffolk County Term Expires March 8, 20 ti By: Date; APPENDIX D Contractor: Program Contact Person: Phone: (Office) (Fax) PROGRAM WORK PLAN Town of Southold James Richter, Town Engineer (631) 765-1560 (631) 765-9015 PLANNING, DESIGI~ AND CONSTRUCTION FOR STORMAVATER MANAGEMENT PROJECTS Project Description The Town of Southold (the Contractor) prepared a Local Waterfront Revitalization Program (LWRP), which was incorporated into the State's Coastal Management Program in 2005 and is being actively implemented. The LWRP documented the need for water quality improvements, and follow-up projects funded through the Environmental Protection Fund identified and prioritized several proposed stormwater enhancement projects which would result in improved water quality within the Town. Locations needing design and construction of stormwater enhancement projects have been identified and prioritized and are located within Mattituck, Cutchogne, New Suffolk, Southold and on Fishers Island. Work under this grant award will include the preparation of design drawings, engineering plans and permitting documents, and the construction of stormwater improvements at two high priority locations: the New Suffolk Beach and Lake Mobil on Fishers Island. Storm water improvements at the New Suffolk Beach will include site preparation, installation of leaching basins and necessary infrastructure and post- construction site restoration. Storm water improvements at Lake Mobil on Fishers Island will be limited to site preparation, installation of stormwater management infrastructure, and post construction site restoration. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Division of Coastal Resources to the project. The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Department of State Division of Coastal Resources with funds provided under Title 11 of the Environmental Protection Fund' The Contractor shall erect on the site a sign indicating the source of the grant, as stated in Appendix A-l, Section III A of this contract. The contributions of the Division of Coastal Resources must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Division of Coastal Resources for review and approval prior to release to ensure appropriate attribution. The Contractor must submit to the Division of Coastal Resources three copies of all written reports and supporting graphics, final design documents, and other printed materials. D-2 3. Compliance with Procurement Requirements The municipal attorney, chief legal officer, or financial administrator for the municipality (Contractor) shall certify to the Division of Coastal Resources 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 requited 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 Division of Coastal Resources has determined that the Contractor will attend the following training sessions: One staffperson at the following sessions: I-l, Organization for Community Leadership I-2, Role of Consultants L-3, Harbor Management L-12, Using the Adopted LWRP The Division of Coastal Resources will issue advance payment(s) for registration fee(s) to the Contractor, who will issue payment for registration fee(s) in accordance with the notification letter(s) from the Department. 5. Project Components Task 1: Initial Project Scoping Meeting The Contractor, the Division of Coastal Resources (DCR), project partners and any other appropriate entities shall hold an initial meeting to review the project scope, project requi~:ements, roles and responsibilities of project partners, the selection process for procuring consultant services for the project, State Environmental Quality Review Act (SEQRA) compliance requirements, the number of public meetings and techniques for public involvement proposed for the project, and any other information which would assist in project completion. In addition, the composition 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 DCR approval of the proposed approach as outlined in the meeting summary. Products: Scoping meeting with appropriate parties. Written meeting summary outlining agreements/understandings reached. D-3 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). Task3: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders, including representatives of State and municipal agencies with jurisdiction over project activities or the project area, and non- governmental and community based organizations. A drat~ list of proposed members shall be circulated to DCR for review and approval prior to establishment of the committee. Products: Dral~ and final list of proposed members of project advisory committee. Project advisory committee established. T~k4: Request for Proposals 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 DCR for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 5: Consultant Selection and Compliance with Procurement Requirements In consultation with the DCR, the Contractor and an appropriate review committee shall review all proposals received as a result oftbe 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 professional engineer or licensed architect/landscape architect is required. Task 6: Task 7: Task 8: A. D-4 The municipal attorney, chief legal officer or financial administrator of the municipality shall certify in writing to the DCR that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by DCR. Products: Consultant(s) selected and approved by DCR. Written certification of procurement procedures. Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility/expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the dral~ subcontract(s) to DCR for review and approval, and shall incorporate DCR's comments in the final subcontract(s). A copy of the final, executed subcontract(s) shall be submitted to DCR. Products: Draft and final, executed consultant subcontracts. Second Project Scoping Meeting In consultation with DCR, 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 DCR approval of the proposed approach as outlined in the meeting summary. Products: Scoping meeting with appropriate parties. Written meeting summary outlining agreements/understandings reached. Site Reconnaissance and Schematic Designs Site Reconnaissance The Contractor or its consultant(s) shall conduct site-specific reconnaissance, in preparation for design ofbothprojects. 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 D-5 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 schematic designs of both projects as appropriate, considering and including a summary of the following: Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in-water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide Significance, other Coastal Management Program special management areas, or other s6nsitive resources, and how those impacts should be avoided or mitigated. Unless otherwise specified 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 DCR. In consultation with the DCR and the project advisory committee, the Contractor shall select, for each of the projects, 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 designs. Products: Schematic design alternative selected for each of the projects. Task 9: Construction Requirement Analysis For eachproject, 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 bythe design. This analysis shall be submitted to appropriate project partners and the DCR for review. A pre- permitting meeting with DCR and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work on final design for each project shall not proceed prior to DCR approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis for eachproject. Pre-permitting meeting with identified entities, if necessary. D-6 Task 10: 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. Task 11: Draft Final Design The Contractor or its consultant(s) shall prepare a draft final design for each of the projects 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 DCR and the project advisory committee for review at least two weeks prior to the due date for comments. DCR comments must be addressed to the satisfaction of the DCR in subsequent revisions oftbe products and the final design. Products: Draft final design and supporting materials for each project. Task 12: Final Design and Construction Documents The Contractor or its consultant(s) shall prepare the final design and construction drawings, plans, specifications, and cost estimates for each project. The final design and construction documents shall be provided to the DCR 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 DCR. 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 for each project, certified by a licensed professional engineer, architect or landscape architect. Task 13: Permits After the final design and construction documents have been approved by the DCR, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and.obtain the required permits or approvals. A pre-application meeting with the DCR and the appropriate federal, state and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing, the Contractor or its consultant(s) shall submit alt applications to the DCR 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 DCR, 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. 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 regt~lations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to DCR upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 14: Bid Process and Selection of Construction Subcontractor After the final design and construction documents have been approved by the DCR, the Contractor or its consultant(s) shall prepare and distribute a bid invitation to select a construction subcontractor or subcontractors. Prior to distributing the bid invitation, the Contractor or its consultant(s) shall submit the bid invitation to the DCR for review and comment. The Contractor or its consultant(s) shall select the construction subcontractor(s) from the bid respondents and shall prepare a drat~ contract or contmct(s)~to conduct the work with the selected construction subcontractor(s). The contract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to project milestones), and a project cost. The Contractor must certify to the DCR 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 DCR for review and approval, and shall incorporate DCR's comments in the final subcontract(s). A copy of the final, executed subcontract(s) shall be submitted to DCR. Products: Executed construction subcontract(s). Written certification of procurement procedures. Task 15: Construction After receipt of all necessary permits, the Contractor or its construction subcontractor(s) may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s) shall notify DCR monthly (or more frequently) in writing of work progress, including any delays which have occurred. D-8 The Contractor or its consultant(s) shall submit periodic payment requests to the DCR 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 16: Site Inspections The Contractor, its consultant(s), and/or the DCR shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to DCR written summaries of progress and identification of problems to be addressed based on periodic site inspections. Products: Periodic site visits. Written summary of progress and identification of problems to be addressed. Task 17: 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 subcontrant(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. The Contractor or its consultant(s) shall submit As-Built Plans, certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project scoping, three sets will be required. When the Contractor is satisfied work is complete, it shall submit a final project report to DCR, including a copy of the completion statement and a copy of the As-Built Plans and photo-documentation in the form of digital images of each of the projects before, during, and upon completion of construction. The Contractor shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to DC1L until DCR concurs that the work is complete. Products: Statement of completion, certified As-Built Plans, and final project report, including photo-documentation. Task 18: Semi-annual Reporting The Contractor or its consultant(s) shall submit to the DCR semi-annual reports (every six months) on the form provided, including a description of the work accomplished, any problems encountered, and any assistance needed. The report may be submitted as part of a payment request. Products: Semi-annual reports during the life of the contract. Task 19: Measurable Results The Contractor or its consultant(s) shall wgrk with the DCR project manager to complete the Measurable Results Form. Final payment shall not be authorized until the Measurable Results Form_has been completed and filed with project deliverables. Products: Completed Measurable Results Form. D-9 6. Project Management Responsibilities For this project, the primary contact for the Contractor is James Richter, Town Engineer or his representative or successor. The primary contact shall administer the grant, execute a contract with DCR, 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 DCR. will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and subeonsultants. will certify to the DCR that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. will receive approval from the DCR 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 DCR informed of all important meetings for the duration of this contract. will receive approval from the DCR before purchase of any equipment. will secure all necessary permits and perform all required environmental reviews. will ensure that all materials printed, constructed, and/or produced reflect the Division of Coastal Resources logo, feature the Secretary of State and the Governor, and acknowledge the contributions of the Division to the project. will ensure that all products prepared as a part of this agreement shall include the NYS Comptroller's Contract # as indicated on the Face Page of this Agreement. will ensure the project objectives are being achieved. will ensure that comments received from the DCR and the 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 recelving approval from the DCR will not be reimbursed unless and until the DCR finds the work or products to be acceptable. will participate, if requested by DCR, in a training session or sessions focused on developing and implementing revitalization strategies. The purpose of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The Division of Coastal Resources: will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). will participate in initial project scoping and attend meetings that are important to the project. will review all draft and final products and provide comments as necessary to meet the objectives. must approve any and all design, site plan, and preconstruction documents before construction may begin.