HomeMy WebLinkAboutSubwatershed Management PlansRESOLUTION 2011-320
ADOPTED
DOC ID: 6767
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-320 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 12, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
Horsley Witten Group, Inc., in connection with creating subwatershed management plans for
three subwatersheds (Town Creek/Jockey Creek, Goose Creek and Richmond Creek), at a cost
not to exceed $40,000, which shall be a legal charge to the 2011 Capital Fund, Stormwater
Mitigation Planning appropriation (H.8540.2.100.125), said agreement subject to the approval of
the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
ORIGINAL
THIS AGREEMENT made and entered into this April 11,2011 by and between Town of
Southold (hereinafter referred to as "Town"), a municipal corporation organized and existing
under and by virtue of the laws of the State of New York (mailing address: c/o Elizabeth A.
Neville, Southold Town Clerk, Town Hall, P.O. Box 1179, Southold, New York 11971, party of
the first part, and the Horsley Witten Group, Inc. (hereinafter referred to as "Consultant") 90
Route 6a, Sandwich, Massachusetts 02563 party of the second part.
WITNESSETH: That the Town and Consultant, for the consideration named, hereby agree as
follows:
1. PURPOSE.
The Town hereby retains Consultant, on the terms and conditions set forth hereinafter, for the
purpose of creating subwatershed management plans for three subwatersheds (Town
Creek/Jockey Creek. Goose Creek and Richmond Creek) to further support the ongoing efforts
by the Town in meeting its stormwater quality goals as described in the Peconic Estuary
Program's Comprehensive Conservation and Management Plan and the 2006 Total Maximum
Daily Load for Pathogens.
2. SPECIFIC SERVICES.
Within 24 months after the execution of this agreement, Consultant shall prepare and deliver to
the Town for use by the Town the subwatershed management plans for Town Creek/Jockey
Creek. Goose Creek and Richmond Creek. The specific scope of work and information to be
included in these plans is described below.
In consultation with designated officials/employees of the Town, and following the submittal to
the Consultant by the Town of one round of compiled comments from all parties, Consultant
shall draft and deliver to the Town requested revisions to the subwatershed management plans.
The Consultant must ensure that all materials printed, constructed, and/or produced acknowledge
the contributions of the New York Department of State herein referred to as the "Department" to
the project. The materials must include the following acknowledgment:
"This (document, report, map, etc.) was prepared for the New Yorlt State Department
of State with funds provided under Title 11 of the Environmental Protection Fund."
The Consultant must submit to the Town all required products, clearly labeled with the NYS
Comptroller's Contract # (C006975), the related Task # from this Work Plan. The Consultant
shall submit:
Draft products: two paper copies of each product.
Final products: two paper copies of each product. In addition, all final products
Town of Southold Professional Services Contract
Subwatershed Management Plans -1- April, 2011
(including reports, designs, maps, drawings, and plans) must be submitted as an
electronic copy (in Adobe® Acrobat® Portable Document Format - PDF), created using
300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must
be labeled with the consultant name, contract #, and project title.
Task 1: Prepare Draft Watershed Management Plans
In collaboration with the project partners and the Peconic Estuary technical advisory
group, the Consultant, will prepare the Draft Watershed Management Plans for the
Town/Jockey Creek, Goose Creek, and Richmond Creek watershed, which shall include
the elements described in the subtasks below. The Draft will reference all sources of
information and identify any information gaps and issues requiring further study. The
Consultant(s), will submit the Draft to the Town for review and approval. Comments
from the Town must be addressed to the satisfaction of the Town prior to finalization of
the Draft Watershed Management Plan, and its components. In addition, the Draft should
be distributed to members of the technical advisory group and other appropriate project
partners for review.
Subtask 1.1: Characterize the Water bodies and their Contributing Areas
The Consultant, will prepare a written characterization of the study areas supported by
maps and other data as appropriate, that describes (a) the upland watersheds and (b) the
condition of natural resources.
A. Description of the upland watershed and contributing areas
The characterization of the upland watershed and contributing areas will include
descriptions and map elements that:
Delineate the watersheds and its constituent subwatersheds/contributing areas
determined by an analysis of topography, existing drainage infrastructure, surface
hydrology, field observation, and other appropriate factors. If appropriate,
subwatersheds/contributing areas will be the primary unit of analysis and for
presentation of recommendations for protection and restoration.
· Identify current land uses and impervious cover associated with each
subwatershed/contributing areas.
Inventory features of the watersheds. Items to consider include, but are not limited
to; geographic setting, topography, geology, hydrography, floodplains, soils, areas of
erosion, precipitation, zoning, and related infrastructure (e.g., roads, bridges,
stormwater outfalls, dams).
· Qualitatively evaluate relative runoffand pollutant loadings from each contributing
area under current conditions.
Town of Southold Professional Services Contract
Subwatershed Management Plans -2- April, 2011
The Consultant shall submit the draft upland watershed characterizations to the
Town for review and approval, and shall incorporate the Contractors comments in
the final upland watershed characterization.
Products: Written characterizations of the upland watersheds supported by maps,
tables, and graphics, as appropriate.
Subtask 1.2: Prioritization of Contributing Areas
The Consultants shall, based on the analysis of information from the watershed
characterization (Task 2.1), evaluate and rank contributing areas according to
existing impairments, vulnerability, and/or threats to water quality, and identify
priority contributing areas for focused nonpoint source pollution management action.
The Consultant shall submit the draft Prioritization Report to the Town for review
and approval, and shall incorporate the Town's comments in the final Prioritization
Report.
Products: Draft and final contributing areas ranking table submitted to The Town for
review and approval.
Subtask 1.3: Identify Management Strategies
Based on the characterization of the water bodies and their watersheds (Subtask 1.1),
and subwatershed prioritization (Subtask 1.2), the Consultant will identify
management strategies to (a) protect and (b) restore the msoumes of the water bodies
and their watershed.
A. Management strategies for watershed protection
Watershed protection strategies may include but shall not be limited to:
· Identification of buffer areas and conditions needed and implementation of
vegetated buffer programs.
· Erosion and sediment control measures.
· Stormwater management practices.
The Consultant shall submit the draft management strategies to the Town for review
and approval, and shall incorporate the Towns comments in the final management
strategies.
Products: Identification and written descriptions of specific management strategies
for water and habitat quality.
Town of Southold Professional Services Contract
Subwatershed Management Plans °3- April, 2011
B. Management strategies for watershed restoration
Watershed restoration strategies may include but shall not be limited to:
1. Watershed-level and site specific actions to restore water quality and living
resources/habitat.
2. Stormwater remediation measures to reduce pollutant loadings in each
subwatershed (e.g., wetland creation, vegetative treatment systems,
retrofitting, reduction of impervious surfaces).
Available resources include: (1) Guidance Specifying Management Measures for
Sources of Nonpoint Pollution in Coastal Waters, issued under Section 6217(g) of
the Coastal Zone Act Reauthorization Amendments of 1990; (2) Management
Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality
Protection in New York State (Department of Environmental Conservation,
1994); (3) Watershed Planning Handbook for Control of Nonpoint Source
Pollution (rev. 1996); (4) The New York State Stormwater Management Design
Manual (2001) http://www.dec.ny.gov/chemical/29072.html; (5) New York
Guidelines for Urban Erosion and Sediment Control (1997); and other structural,
regulatory, or institutional management options derived from literature searches,
interviews with knowledgeable individuals, and other sources.
The Consultant shall submit the draft management strategies to the Town for
review and approval, and shall incorporate the Town's comments in the final
management strategies.
Products:
Identification and written descriptions of specific management
strategies for water quality and habitat restoration.
Subtask 1.4: Phasing of Management Strategies
The Consultant will prepare phasing plans to implement the identified
management strategies for the water bodies and their watershed. The
implementation component will:
Evaluate and rank potential projects and other actions within each subwatershed
according to anticipated reduction in nonpoint source pollution, water quality
improvements, and benefits to fish and wildlife.
Clearly articulate priorities, measurable objectives and steps to implement the
identified protection and restoration strategies.
Include cost estimates, potential funding sources, and a phasing schedule noting
lead/involved organizations for each action.
The Consultant shall submit the draft strategy/phasing plans to the Town for
review and approval, and shall incorporate the Town's comments in the final
Town of Southold Professional Services Contract
Subwatershed Management Plans -4- April, 2011
strategy/phasing plans.
Products:
Written strategy that identifies priority subwatersheds and
schedules phasing of management strategies within each
subwatershed as described.
Products:
Draft Watershed Management Plans, including all elements and
products described in the subtasks.
Task 2: Prepare Final Watershed Management Plans
The Consultant will complete the Final Watershed Management Plans, which will
incorporate and reflect comments received from the Town, project partners, the
Department, DEC, the Peconic Estuary technical advisory group, the public, and any
other interested parties as appropriate. One set of compiled comments will be submitted
to the Consultant to address in a single revision cycle. Comments and revisions
suggested by the Department must be incorporated into the plan to the satisfaction of the
Department prior to finalization and/or publication of the document.
Products: Final Watershed Management Plans.
3. TIME AND ATTENDANCE; COOPERATION BY THE TOWN.
Consultant shall perform the services described herein and attached hereto in as expeditious a
manner as is reasonably possible and with due consideration of the time requirements of the
Town and goals established in the New York Department of State Agreement C006975
Developing Priority Impaired Water body and SGA Subwatershed Management Plans. A copy
of this agreement is attached hereto as Exhibit A. The Town recognizes that the timing of the
performance of Consultant's services may be affected by previous commitments to other clients
(including the delivery of promised services and work product and previously scheduled
meetings), and situations normally and traditionally deemed to be matters influenced by the
weather, strikes, or power outages.
The Town agrees to cooperate with Consultant, as needed, and to provide Consultant with copies
of any records, documents and other information needed for performance of this agreement on a
timely basis. The Town further agrees to provide Consultant with access to appropriate officials
and/or employees of the Town, as may be needed in the performance of the agreement.
Moreover, both parties understand and agree that mutual accountability and responsiveness is
critical to the successful completion of the project, and therefore both shall always use their best
faith efforts to be accountable and promptly responsive to each other.
4. COMPENSATION.
In payment for the services to be performed hereunder by Consultant, the Town shall make
payments to Consultant as follows:
(a) For the services to be performed by Consultant pursuant to paragraph 2 hereof,
Town of Southold Professional Services Contract
Subwatershed Management Plans -5- April, 2011
the Town shall pay Consultant the sum of $40,000.00 dollars. Payments shall be incrementally
at the completion of each task from this Scope of Work. Consultant shall send the Town a
signed voucher for such compensation. Such voucher shall be due and payable within 45 days
after receipt of such voucher, but such sum shall not be due and payable by the Town until the
Town Board of the Town has received such a voucher and has audited and approved for payment
the signed voucher to be submitted by Consultant in connection therewith.
The Town Board shall process any vouchers received from Consultant as expeditiously as
possible.
In the event that the Town disputes or objects to any portion of any voucher submitted by
Consultant pursuant to this paragraph, the Town shall, within 30 days of the receipt of such
voucher, notify Consultant in writing of such dispute or objection. Consultant
acknowledges that Consultant is familiar with the requirements of section 118 of the Town Law
which, in effect, prohibit payment of any of Consultant's claims against the Town unless an
itemized voucher therefore shall have been presented to the Town Board or Town Comptroller
and shall have been audited and allowed by the Town Board or Town Comptroller.
Product: Vouchers sent to Planning Department.
5. REIMBURSEMENT FOR EXPENSE.
For consultant services performed, the Town shall reimburse Consultant for Consultant's actual
out-of-pocket expenses for the following items, and for no other items: (a) mileage at the
Internal Revenue Service mileage rate in effect at the time of the billing ([cents] per mile on the
date of this agreement), (b) postage, (c) photocopying expenses at a cost not to exceed [$. 15]
per copy, (d) expedited or overnight delivery service charges, (e) long-distance telephone
charges, and (f) any other reasonably necessary expenses directly related and attributable to the
fulfillment of this engagement. Consultant's requests for expense reimbursement shall be
included in Consultant's vouchers at actual cost, with no markup. Consultant's requests for
expense reimbursement shall be subject to the voucher auditing and approval requirements set
forth in paragraph 4 hereof.
6. TERM OF AGREEMENT; TERMINATION.
This agreement shall be for a period of 24 months commencing on the date set forth at the top
of page 1 of this agreement, provided, however, that this agreement shall terminate immediately
in the event that (a) Consultant dies; (b) Consultant incurs a disability which makes Consultant
unable to perform the services which Consultant is required to perform hereunder; (c)
Consultant files a Petition in Bankruptcy Court or a Petition is filed against Consultant in
Bankruptcy Court, or Consultant is adjudged bankrupt or makes an assignment for the benefit of
creditors; or (d) a Receiver or Liquidator is appointed for Consultant and/or Consultant's
property and is not dismissed within 20 days after such appointment or the proceedings in
connection therewith are not stayed on appeal within the said 20 days.
In the event that Consultant refuses or fails to provide the services required hereunder with
due diligence, or fails to make prompt payment to persons supplying labor for Consultant's
services hereunder, or refuses or fails to comply with applicable statutes, laws or ordinances, or
Town of Southold Professional Services Contract
Subwatershed Management Plans -6- April, 2011
is guilty of a substantial violation of any provision of this agreement, the Town shall send
Consultant written notice that Consultant has 20 days to cure said default; and if, at the end of
said 20-day period, Consultant has not cured said default, the Town may then terminate this
agreement on 7 days' prior written notice to Consultant.
All claims, disputes and other matters in question arising out of, or relating to, the provisions of
paragraph 6 of this agreement shall be decided by arbitration in Suffolk County, New York, in
accordance with the rules then prevailing of the American Arbitration Association. The award
rendered by the arbitrators shall be final and binding, and judgment may be entered upon it and
enforced in any court of competent jurisdiction.
7. SKILLS OF CONSULTANT; CONFLICTS OF INTEREST.
Consultant represents that Consultant has the requisite skills and experience to perform the
services hereunder.
8. INDEPENDENT CONSULTANT STATUS OF CONSULTANT.
Consultant and the Town agree that in the performance of Consultant's services hereunder,
Consultant is an independent consultant and shall not be deemed to be an employee or agent of
the Town for any purpose whatsoever.
9. PROHIBITION AGAINST ASSIGNMENT.
Consultant is hereby prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this agreement or his right, title or interest in this agreement.
10. COMPLIANCE WITH STATUTES.
Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, codes,
rules and regulations which are or may be applicable to Consultant's services, activities and
duties set forth in this agreement.
11. NOTICES.
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
To Town:
Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
PO Box 1179
Southold, NY 11971
To Contractor:
Horsley Witten Group, Inc.
90 Route 6a
Sandwich, MA, 02563
12. WAIVER.
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach. No such waiver shall in any way affect any other
Town of Southold Professional Services Contract
Subwatershed Management Plans -7- April, 2011
term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any
other breach unless the waiver shall include the same.
13. APPLICABLE LAW.
This Agreement is governed by the laws of the State of New York.
14. COMPLETE AGREEMENT; MODIFICATION.
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
iN WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed
hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do
so, and to be attested to by Elizabeth A. Neville, Town Clerk, and the Consultant has caused its
corporate seal to be affixed hereto and these presents to be signed by its President, the day and
year first above written.
(Seal of the Town of
Southold)
Attest: By:
Town of~
Horsley Witten Group, Inc.
By:~---°~ ~/~
STATE OF NEW YORK
COUNTY OF SUFFOLK: ss.:
Town of Southold Professional Services Contract
Subwatershed Management Plans -8- April, 2011
On this ~_ day of //~xx~/ , in the year 20{~, before me, the subscriber, personally appeared
~ who, b~ngfby me duly swom, deposes and says: That he is the uS~_.p~'r¥~s r~ of
the Town of Southold (the "Town"), the municipal subdivision of the State of New York named
in and which executed the above and within Instrument; that he knows the seal of said Town and
that the seal affixed to said Instrument is the seal of the Town; that it was so affixed by the order
of the Town Board of the Town, and that he signed his name thereto by like order;
And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the
Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the
Town; that she know~,t~h~, se. al of soid Town, S, it,was affixed to said Instrument is the seal of
· ~,'tl t~ z2,~c~ .~ . .
the To~; that smd ~e~ ~_. Ru;3c. ~s the S~sor of~e To~d that the s~gnature on smd
instrument is the signature of said ~zn A X::2~, as S~o~
STATE OF ~:
COUNTY OF $;:t~FOE~: ss.:
-~ l~oia~ Public !
L1N'DA J COOPER
NOTARY PUBLIG, State of New York
NO, 01GO4822563, Suffolk Cour),ty/
Term Expires December 31, 20
Onth P)
e~ day of/~/~/ in the ye~ 2Oil before me, the undersigned, a notary public in
and for said state, b (so&lly appeared ,~/,~.~. ~/--,~7"~'~ :7~ ~ personally known to
me or proved to me on the basis of satisfactory evidence to'be ttt~]~ividual whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her capacity and that by his/her signature on the instrument, the individual or the person upon
whose behalf of which the individual acted, executed the instrument.
(//' Notary~ublic - 'd
MY COMMI~ON EXPIRES
APRIL 20, 20'12
Town of Southold Professional Services Contract
Subwatershed Management Plans -% April, 2011
Town of ~uthold- Agromxat ~006975
Dewlopi~ Priority lmpari~t Wata'oody mi SCA Subwatml~ l~aamma Plans
CONTRACT ADMIMSTRATIONUPDATE FORM
PO Box 1179 Entail Addfl~: .......
utl~NY 11971- O'~""~ J Fa~ Nmuhec
I ~d,,~,.., I 6~-~Isam
Nm: -~01{~ ('~.~.~S~/,~t* ,~ Title:
Name: TilJc:
Sifnature oftke hperyba':
Town of ~onthold - A~zement ~006975 ]
Dev~oping Ptiotit~ t?ied Wat~ondy and SOA Subwat~-~hed Mma~nent Pl~ns
Amx~ement Infornmti0n Form
~ O, 6ox
!
ff~ (or ~ please ~ ~ ~ F~ Tax ~ #:
~ NO
· If any coats shown in Appendix B hav~ bern ineurred and/or any tasks in Appendix D have begun, plea~ provide ~ef
des~ption:
Note: Theini~l_ coem~cl term cannot exceed tlweeyears.
Signature of~ ~so~. ~
~ ~,~ of~. s~o~. ~o~ ,4. ~'~- 1[
N~: ~or ~ to proeess the ~enk tM~ form IlK ~ I~ ii WI a~,
(3) signed and mmuized signature pages
Signed A~reement ~ornmfion Form
Signed Contract AdmJnis~ation Form
Address to
NY$ Dqmm~ of State
C~mtr~t Admlni~tnltion Unit
A#n: Laurls.~a Parrot
One Comme~ Phum
99 Washington Avmue - Suite 1010
By: ~
Contract No. C006975
,STATE AGENCY:
Nc, w York ,~a~ i)eparlment of 8tare
State of N~v
County
On this __~ day of~~.~ in Ibc year 20 , bef~e n~ personally al~pearod
d~il~xi in and wl~h ~x~cm~d lh~ ,,bov~ i~Imm~l; md d~ l~/sh~ bas d~ au~osily to ~ ~ ~f of
said orga~izalion; ~ ~ he/sl~ ex~x:ut~l Ibc for~oh~ a~'~m~nl fo~ aad on b~gfof s~id o~z~lio~.
Tern F.~ Jdy 7, 20 ...~
ATI'ORNEY GENERAL:
Tide:
Date:
Approved:
~ P. DiNapoli
Slat~ Complrolle~
By:.
FACE PAGE
~TATE AGENCY (Name mM Addre~):
99 Wuhington Avenue - Suite 1010
Albany, Ny 12231-0001
NYS COMPTRO[J-s~'S #: C00697S
ORIG. AGENCY CODE: 19000
TYPE OF PROGRAM:
EnvimnmenM ~ Fuml Act - 2008 LWRP
CONTRACTOR (Nime mod Addreu):
Town of SomhoM
53095 Main Road
STATE SliARE FUNDING AMOUNT FOR
, ]Ni*i'.O~L PERIOD
LOCAL ~ FUNDING AMOUNT FOR
INITIAL P~IOD $55,000
FEDERAL TAX IDENTIFICATION NUMBER:
1 ! -6001939
MUNIC~'ALITY #
APPENDIX A:
APPENDIX A l:
APPI~NDIX B:
APPENDIX C:
APPENDIX D:
APPENDIX F:
APPENDIX G:
APPENDIX X:
APPF2qDICES ATTACgim TO AND PART OF THIS Ar'-.utstMENT
AS~c~fic c¼uscs
Atta~m~nt j - Final l't~e~t Summ~y Et'port
Attadnnent 2- Min~ity and W~nm-owned a--_sin~ F. ntenni~ (MWBE3 Proaram
Altachmenl 3 - Project Statu~ Fom~
Budget
Payment snd Repoflina ~lule
Program Work Plan
Notices
Electronic Paymems
Modification Agreement Form (to ____n~,~mp~¥ modified nppend/ces for changes in t~m or
comiclerafio~ on an ~s~ing peried or for renewal periods)
STATE OF NEW YGRK
AGRE I , NT
This AGIZ~MENT is hereby made by n,ul between the State of New Yod~ ngency (STATE) and ~ ~lic ~
private aSency (CONTRACTOR) identified on tl~ Face Page hem*f.
WfI'NESSt:-L~I:
services t~quired purmmm to She terms ofthis AGR{;
A. This AGREEMENT may consist of mcoessiv~ periods (PERIOD), as specified within the A~ENT or
within n sul~xluent Modification Agzeemem(s) (Appendix X). Each additional or sul~3~ding PERIOD shall be on
the fro'ms specified by the particular Stnte a~micy, and shall be inc~ into this AOlml~l~fl'.
B. ~m*t~qg f~the firm PERIOD shall not e.-.__,.~,g_ the fundi~amountq~;ifiedo~theFacePagchereo£ F~
for each sul~equent PERIOD, if any, slmll no~ exoeed thc amount specified in the approlwiate nl~ for that
PHRIOD.
C. This AGREEMENT incmporates thc Face Page attachcd and all oftl~ marked appendices identified (at thc Face
Page he~x~f.
D. For each succe~Jng PERIOD of this AGp~I~IENT, tl~ pmties stall pret~-e new appendices, to the extent tint
a~y require modification, and a Modi~ca~on Aav~ment (the attached Apt~nalx X is the blank form to be used).
Any tenm of this AG~ENT not modified shall remain in effect fo~ ~ PEPJOD of the AG]n~MENT.
To modify th~ AOP'~EI'q'F within an exis~ng PERIOD, tl~ pa~ea shall revi~ or oompleto tl~ appmp~ate
appendix fofln(s). Any change in the ammmt of consideration to be paid, o~ c~ in the term, is subject to ~
approval of tl~ Offi~ of the State ~ller. Any other modifications shall be lWOCeSsed in *__ _ _,x~dsmce with
agenoy guidelines ns ~ated in Ap~ Al.
E. The CONTRACTOR shall perfonnall service~ to thc satiafaction ofgle STATE. Thc CONTRACTOR shall
provide services and meet the program obje~ives summarized in the Program Work Plan (Appendix D) in
aocordano~ with: p~ovislms of this AGREEMENT; re. lin, am laws, ndm am{ regulations, adminis~ative and fiscal
s~id~ines; and where applic, ablc, opcra~ng ccstificates for facilitics or Hcemes for an activity o~ program.
F. If the CON 1 KACTOR enters into subconUacts for the perfonmnce of wodc pu~uant to this AGREEMENT, tl~
CONI tlACl'OR stroll take full responsibility for the acts and mnissiom of its subcontractorS. Nolhin~ in the
subcontract shah impair the lights of tl~ STATE under this AGREEMENT. NO eontmotual rdagonahip shall be
deemed to exist be~wem the subconlractor and thc STATE.
2
ova sll other pe~s of this AGI~Iq~MI~ff.
A. Tho CONTRACTOR, to be eligible for payment, ~',-, submit to the STATL~s designated p~ment o~
(idemificd in Appendix C) any ~innptiate ~ as requtn~d by the Psyma~ and ~ Schedule
{Appendix C).nnd by agancy fiscal guiddines, in a mann~ acceptabl~ to the STATE..
given PERIOD, a sum not to ex__,?~__ tl~ mnoum noted on thc Face Page he~enf or in the respective AI~
dcsign~tio~ the payment an~unt fo~ that given PERIOD, This stun slmll not duplicate ~ from othor
B. The STATE may terminate this AOREEMENT i~,-~', upon written notice of teamination to the
CONTRACTOR, if thc CONTRACIOR fails to comply with the terms and conditiom of this AO-~I~MENT and/or
with any laws, rules, regulnti~ policies ~ procodm~ aff_,~_ lng this AGREEMENT.
C. The STATE nmy also teeminate this AOREEMI~IT for any r~son in nceordance with provisions set forth ~
Appendix AL
E. Upon receipt of notice o f termination, Ibc CONTRACTOR ~ ~ to caned, pr/or to the etfectivc ~ of ~y
pro~ve tomination, as many outstanding obli~,aGons ns pussible,, ami agrees not to incur any new obligations
F. Thc STATE shall be rmponsiblc for pnyment on e-Jnlm* pummnt to sctvices Movided and corn incu~ed
pur~unnt to terms of this AG~. In no event shall tl~ STATE be liable for e~ses and obligations ar/sin~
from the p~ognnn(s) in this AOREF. MENT afle~ the t~ ~nation d~e.
A. The CONTRACTOR shall bc solely responsible and answerable in damages for any md all accidents and/or
injuries to pas~ns (including death) ~ prolm~ arising out of or related to the ~ m ~ ~ ~ ~
CONTRACTOR or its subcontracton punusm to this AG~ENT. The CON'fRACTOR shall indemnify and
hold ban'nless the STATE and ~ officors and cn~loyees from claims, suRs, actions, dnmages and co~s of every
rmtme arising out of the provision of services pmmmnt to tl~ AGREEMENT.
B. Tbe CONI'KACTOR is an indq~ co,,;..ctor and may neither hold itsu{f out no~ claim to be an offlce~,
en~{oyee or subdivision of the STATE nor make any clahu, denmnd or app{icat/on to or for any r/gist based upon
any different status.
Any equipment, f~nitm~ Sul~iies ~ other pmpe~y purchased purs-nn~ to ~ AGIt.~II~qT is deemed to be the
pmpe~ of the 5TATE exr. ep~ as may othntw~ be governed by Fodm'al o~ ~to laws, roles ot regulation~ ~ ~
s ted A x ttx AL
VI. ~nffimm~ds f~r ~es~iee~ and ~'~nfidentlnli~
B. Funds provided imrsuant to thi~ AGi~I~IENT slmll not be used for any pa~san political ~, ~ f~
~:~iv~m that m~ infh,)a~ Ic~Sl~on ~ thc ,~cc~inn m' dc~d of any c~ndidat~ for lmbli~ office.
C. ]nformafimt xdating to indi~duals who n~y rueeiv~ oerviees IXlmmnt ~o Ibis A~ ~a[] bc ~
and used only fro' the putlm~/ntemied tuldet th/s .,S. gr~me~ s~d in ccsh~-mm/ty wi~ applicablc p~v/siom of ~
APPENDIX A
STANDAIID CLAUSES FOR NYS CONTRACTS
3. COMPI'ROLL~It'SAPPROV~L h ~hn~v/dh =%~._'~ 112
F..dmmion Law). · dds cmmeqx ex~xed~ S50,O00 (or d~ ~
S.U.N.Y. and C.U.N.Y. ~n~s), ~ if ~,b b sn ammd. m~ let any
is require4 vdmn ,u~ ~ ~__--~__ ~.000 (Sine Fbmn~ Law
~ I ~.6.a).
Law.
t WAGEANDHOUIISi~OVISIOIqfl. Iftbbbapubl~u,0dt
Ih~ employe~ of its subconlme~s nmy b~ mqu~M ~r ~ lo wudt
ob%mvJ~ pmvtb~ h b Ldx~ Lmv and mnt foflh h I~ wuSe
Fuflhemm~ C~e~uc~r and b subc~a~mo~ ~ puy m h~ d~
7. NON~OI~USI%~ BIDDING C~l~fllq~llON. In
wllh _ _ _~ec~n_' ! jg-d of h Sm~ r'=-.i.-,~t Law. If d.h ~m~l~t ,~s awafdM
[x:~, {hat its bM v4~ ~,Til~d at ind~ndm~ ~ ~ ~{.si4m
e~cd and ddive~d M d~ S~ a non~dlush~ biddi~ cmifics6on
~ Ce~qo~s behalf
t INTERNATIONAL IOYCOTf NtOHI~ITION. b sx~dmce
w~th Scion ~O-f of dm t~bor Law and ~[on Ijg-h of the S~W
Fiaa~ce Llw~ if IMI cmtlm~ e~ _ _ _~__ $~,e00. Ibe ~onl~clor ISles, as a
hs pm~*l~al, is p~ or shall i~ h m inhnalimul
boy~mt in vJo~h~ of b fedmd Eqm~ Adndnis~lioa M ~f 1979 (50
USC App. Secfiom:M01 etseq,) or replatbm 0mvnm~r. Ifmch
dmmination cd' die United States ~anuuKe Depatmmot ~ my cther
cxcc~mn, such convict, amazdment or mcdf~Jcn6cm thmslo dull be
Comp~rolkr ~ flv~ (~) busings ds~ of such ou~v/aJon,
a..,-mination or distn~iti~ ofspp~ (2NY(~.R l 0~.4}.
c~wnmdq p~ Io the tmu of Ibis c~r~ra~ plu~ any amounts due and
owin$ M ~he Sine f~ any odin' munn indudtn& wltha~ lhnimit tax
The ~la~ shM mutc/s~ |Is s~-off ri~ in ~_ ___~:~,t, xlan~ w#h nemml Slate
~2006
R,h~ du~a~ ammal ~ I~u~ at m o~oe dd~e ~ wkbin
thc State of New Yodt or, if no mall o~kn~ k nvagabte, it m nmttmll~
Or~:m Law (d~ 'Statue') pnwlded iht (D the~dmn ;bndy
be d~Jdomt; md (ii) hid mxxd. dmi] be tmfrddmiy kbdjMI; md (m)
11. IDrNTIlrYiNG ]NIrORMATION AND PRIVA~'y
(b) PRJVACY NOTIFICATION. (I) Thelulbx'ilylo _re~._~_ Ibcll~
persoMI infonna6ofl ~,,~. a adler ot'~ub or s~ eca ksMcr of frei
~mnd in Sem~m $ or'thc S~M Tu I~w. Dbdo,u~ of tbb intonnMJt~
whiah I~. infoeamlkm is eolleml~l b ,o endde tho ~ to ich~fy
of Tax~ nad Financt The k~mumflen ~fl b~ u~d h' tn
personal properly W by ~k c~n~-m er lea~ The bfenmtk~ is
maintained in New Yelk Slates Camul Ac~oundn8 S/sum IP/ the
Direwtor °f Acc°untin8 OPemlJ~m* OflTee of the SiMe ~-~,uqgfollu', Il0
Sti~ Stnnd. Albmny, Ncw Yodt 12236.
12. J'OUAL F. MIq..DYMIWl' OlqnOlt, TUNlTIIr~: FOR MINORIT[[r~
~.~- In ~.~..-,.~mce with Sm~6an 312 of d~ Exa:uttve Law,
it thls ~tm'sct ~ (i) a wrim:n .freemem m' Imrdme otda* imtnnuc~,
pmvMing ~or · 1oM cqxnd~tu~ in e~.cesl of S2S,000.00, wf~.~]~ ·
;hc f~oln& to f~ I~rrmmed ~, o~ rendered m' fumh6ed ;o th
c~trnct/n8 nBm~y; or (h') t M~ten a~-ocmmt in (~tccs; ~ $100,QQ(}.00
whcn:~Y a ~ alxmcy is connnitled to tv, pend o~ dom exp~
~ tm' the acquidtioe, comt~uctkm, demolition, replncm~m, major
repair or mlo',qlkm of nmi p*opt~ md hnlWO.mnt~ ,ha. mn; or (iii) I
June
A-2
e,npieym, dut. tn ,'- p=bumn or ~, Sine __,~-q~ dl qudmed
dinbil~, or mritnl m
~J. ~]G.~ b the ewnt of a ,,.~...;~c~ betwem ~he
tram of the coM[m= (indud~ my and dj Mbchnmm Ihaeto and
14. v~. TMs commcl dudJ be Sov~med by Ibc Isw~ Of
bhafl~w Yo~c mcq~ whae Ibc Fahnl mqnmm~,clnu~ :~qukm
1£ ~ FA~Drr. Tkudincn of pq, mu~ md my iMnu~ Io be
laid Io (.oenel~ for line in,/uml dull be fowmed by AJ~cle I I -A of
tl~ Slle Finlnc~ Lrw to the ,--t-~ required by IIw.
tw, mch er dlelmi b, uch du:reor, m~ymx be ndnnit~d m blndh8
~oitrMta (mtcq~ whtt MMu~oely mlhodzed), bul ~ in~e~l, be
A-3
~JImy, Ne~ Yed~ 1224S
~e Oumt~ pronnunem Act of ig92 requi~s dmt by sipinf this bid
1crotx~ er camm~ u q~liad~ Camu,:tan ca~f~ fd,t v, benewr the
totaJ bid ~mount Js ~atcr Ihin $1 million:
:Il. RECli'RO~-3TY AND SANCTIONS PROypSiOI~, Bidd~s ere
bmdP/nodfled dui ff limit/n~ phm a(busimsss is lecmed in a
country, af41on, par.~,,~., m~ ~ pdifiml subdivk~n that puuiinss New
yoflc Sum vendms, and ff I~e 8aeds m' sax. iees they offer w#l be
Absh, West VbjJnia, W)mmtn& ~ and Hawufi. ~ NYS
Stole 20~6
APPI~IDIX A1
ofapplicatiom for funding ofpm]ect~.
D. Stn~ funds (Pundin~ Ammmt set fo,dh on the Fao~ Pa~) for thls Project (Appendix D Program
Wod~Plan) e~-eMovided pmsm~ to a mq~tion of fxmds otigimlly mnd~bY Title Il of the
or Regional Rcvi~lization Strate~cs, Co~n_a or Implementing a Lo~al Waterfnmt
Hamlet Revitalizntion, Url~n Waterfi'ont Redevelopmem, Creating · Blue'way Trail, Adapting to
Climate Clum~ Interpretin~ W~t Rcsou~es - New Yod~ State Cornel Resources Imapmivc
C. ontractor when training ~maion(s) will !~ heM. 'II~ Cmtra~0r agrz~ to submit paymmt for the
rzluimt tegimation fee(s) in aouordsn~ with tl~ notification letter fxom the Depmn~nt.
putl~Se without prior ~,,~vni of the Depmment.
General
For the pmp~e~ of thi~ Agreement, the tenm 'State" and "Depattmmt" a~ in~ruhang~able, unle~
the eontezt requires ~ In addition, tho tenm "A~emmt" and "ConUact" are
intetclumgeable, unle~ the context n:quir~ othetwiae.
B. The contn~ period as set forth on the Face Page is the inclusive period within whi~ ~ ~v~
of ibis Agmn~ent shall be performed.
Do
No liabilities ate to be incxuted beyond the contract period and no corn will be ~ for tach
liabilities unless: 1 ) funds Imve been re~,~gn-c~ed for Ih~ Project in the su~ State risc. al
year, 2) the l~t determines that it is in tho b~t intefe~ of the Deparmana and the State to
Al- ~
of the Office of thc St~ Comptroller.
Cl. The Depamnmt slmll no~ be lisbl~ for e~enses of any Idnd immmi in exoe~ ofthe State Funds m
set fc~h on tl~ Fa~ pag~ and shall not be responsiM~ for seeking Mdi6onal qqm~ms or o~her
sources of funds fo~ ~e PmjeeC
pmvisiom of this A~ ~im, snt State~ federal and 1o~1 laws, ndcs and regul~
adminisuafive and fiscal ~uid~ wha~ applicable, op~ certificates for facilities or ~
L The Cram'actor shall subrait with its request f~ final payment a Final Project S~uy Repro1 in the
format described in lkopcndix Al, Attachment.
$. The Contm~or agrees to prove~ expeditiomly with the Projcct and to complete thc Pmj~ ~
ac~ordame with the timelable set fo~h in the Wink Plan (Appendix D) as well as with the caodifiom
ofany applicable pa'mits, ndrnlni~rafive ~ m judic~l order~ and this
K. The Contractor shall mbmit a (Appendix A 1, Attachmmt 2) punuant
Appendix Al, such rc~o~ shall be provided to the Depas~nent at the add.as on ~he Qua~edy
Contractor Report.
Lo
The C. ontmetor ~hn!! submit a '?reject Stattm Ropo~" (Appendix Al, Attaclmlent 3) on a six month
I~tsis fm the periods ending Jun~ 30 and Deecmber 31. Reports ar~ due no later thnn 30 days
following the end of e~.h repofling p~riod.
Additional Reauirements for ~ Pr~ccls
Project design, including i~q~ration of fmal plans and specifications, and supervision of
c~mstrdction ~ be under, akin by a qunlifled architect mid/or engineer iicemed lo practi~e in the
State of Nmv York. The ~r shall submit final plans and specifications to the Deparunem
its ac~ptance before initiating construction work or. iftke Contmctm' in, ads to subcontract
constngtion work. before th~ wodt is advertised for bidding. No r..hango to project plans may be
made without the prior writtm approval of the Depamm~. The Contractor shall also be rezpon~'ole
shall remain in place for the useful life of the improvemmts unde~aken purmmnt to this ~.
Upon completion of thc Project, the Contractor shall submit to the Depanmen! a prier cmiflcation
from n licensed archilect or enginccr.
Al- 3
B. The Slate shall ms~ periodio insp~.fi~ of tl~ lxoj~t both during ils implemmtatioa and after its
across m~l ins~x~ion by th~ 3tat~ In ~Jl eemtr~fion erm~ts rdsfi~ to tho Project.
101-19.6), tho,Americans with Disabilities Act Acoes~'bility OuidcJinis (ADAAG - Appendix A of~
Title 9 NYCIH~). Where thio are ' .~ amm~ lbo scts of standards with reprd to a
pa cuhr de Sn coum cfiou peov ns Sternest d src of
It is the ~ re~ty, punuant to Sootion 57 of lbo Work. s' C~o~ Law, to .
maintain fro- Stato audit and review o#her proof that flJey bare Wodun's' Cmlq2ensaliim coverage for
any employees, ~ a waiver stateroom frmn tho Now York State ~ of Labor. The
meh docummtafion on fiio for audit.
"This (document, report, map, etc.) was ixepared for tho N~v York State Dqsaflmeta of
State with funds ys,,,ided under Title 11 of the Environmental Protection Fund Act.'
Liceme to uzc and reoroduce documen~ m~d other winks:
By *__ _ _.x~noe of this A~eement, Contractor transfers to the De~mnent a none~clusiv~ licen~ to use,
reproduce in any medimn, and distn"ouW any wod; pr~ for or in comm:tlon with tho l~ojeot,
suff~ent title or interest in tach works to liceme pummnt to this AS~nnent Such warranW flxdl
smvive the t~,,.;~_a~ion of this ~greenm~t. Cotmaotor agrtm to provid= thg original of each such work,
Prior to the commencement of the wodt, tl~ Contractor shall file with tho Depaflme~ of State,
Certificates oflnstmmce evidencing o,~vlian~ with aH requiremmts ~tained in this Agreement.
Such t~tificate shall be of form and md~tance noceptable to the Depmtm~t.
Contractor of~y obligations, respm~'bilitim or liabilities under the Ar~6~ent.
Co
(30) days In'ior to tho ~;w. ellation, non-renewal, or material alteration of such policies, which smtice.,
cvidenccd by return receipt of l. hxited Stme~ Ceflificd Mail which shall be scnt to New York State
Department of State, Onc ~ Plaza, 99 Washington Avenue, Albany, New York 12231-0001;
Al-4
and ~!! name thc l~p~e of~he State of New Yo~k and tbcir directms officc~ agems, and
employees as ~-oal insured thereunder.
D. Th~ Con~ shrill Ix: solely r~2mHible f~ tl~ l~yment of all deductible~ to which such polices
Report
Agreement, or ns required by law, whichever is grealm- Oimits may be provided through s
combination of primary and umbrella/exc~s policies). Where C. oeusctor is self-insured, tho
Contractor shall provide suitable evidence of such ~o the Depamncm rclating to th~ risks and
1. Comprehensive Liability Insm-~noe with n limit ofno~ Icss ~han $1,000,000 each occurrenoc.
Such liability =~q!! be written on the Insurance Service Offio~s (ISO) o~rren~ form CO 00 01,
or a sub~mte form lm~,41~_~ cquivalmt coveF~gcs and shall cover liability arising from
coverage., ltnl~lity assumed in a oontrac~ (i]:FJudln~ the ~ llobility of 8no~b~ mmlnlOd in a
contract) snd e0tplos~o~ collapse & underground coverage.
a. If such iMumnce co~taina an aggregntc limit, it shall apply sexy to this location.
b. Pmduc'ts and C°mpleted Op~ati°ns c°vcro~e shall indmie a P '~ that c°vera~ will
cxtcnld fora ~ ofn~ least twelve 02) months from the date ofl~nn! camplefi~m and
acceptance by the owner of all of ~mwactor~ wink.
+
Where the Projec~ detain'bed in Appendix D includes die eomtmction of any structure or
build~ a Buildc~s Risk Policy until the Projec~ is completed and soce~ed in ~he ammmt or,he
to~al pro~ect co~.
Worker's Comjmmtio~ F. mploy~3 Lhbility. and Disability Benefits as required by New York
State. Workers Compensation policy shall include the U.S. Longshore & Harbor Workers'
Co,u{~s~ion A~ endorseme~
Al- 5
Clauses of L~o From (CP 10 30), or a subtitut~ form provMlng equiva]mt covcra8~, for kMs u~
dmnago to any owne~ bmrowcd, leased ~r xufed capital apJlxnc~ tools, including tooJs of
their abuts and employees, raging towers snd form, and prope~ of tl~ ~ held in
their cam custody -,~/. or o~l.
6. An Own~s pi~ectivc Liabiliiy Policy with limits no less than $1,000,000 in th~ name of the
ContraO. or.
cvidmu~ of pro~,~',sml liability insurance with lira/ts no leaf titan $1 million.
assur~ undistmbed use and ponession h. tho proposes ofemstn~ion a~ operation h-thc
eslhnated life of the Project. Contracter fuflher acknowledges that wbere such lroject is under.ken
on or involvm th~ use of lands for a~tive m ~v~ r~zamfional u~ it is a matmial t~rm of ~
A~-eemmt that sm:h lands shall be available for such relational use by lh~ People of the Stat~ of
New York. AddifionaJly, C. mltractor shall n,~ liner access or dif~- imlmte oo tho opa'ation oftl~
age, dimibility Ge' mm4tal status.
perform ns a packnge o~ system, this warranty shah apply to the products frs a system.
B. Whe~Contn~.orisprovidingongoingservi~s, incJuding but not limited to: i)~sulth~
int~ration, ~ode m data ~onvenion. ii} naintmane* or suppofl servie~ iii) data enlry or proee~-o__
or iv) contract administration suvices (e.g. billing, tnvoi~in~ claim ~ Cemraetm was'rams
that services shall I~ Iwovided inn accura~ and timdy nmmcr without intcrruptice, fidlum or error
cl~ to the inaccuracy of Couflactm~ bminm operatiom ia pmoessing date/time data (incJuding. but
year calculations. Contract' shall be responsible for daumges resulting from an~ delays, axors or
untimcly pcrfornumcc rmulting thcrc from, iucluding but not limitod to the ~aJlu~e or untimely
perfoanan~ of such services.
Xo
XI.
Al-6
term, whichever is Ionam'. Ne~hin_.o in this warranty statcment shall be construed to limit any rights
~ remedics otherwise available under this Contract for breach ofwanumy.
The Contract~ may charge a ~asonable fee for the use of amy facility which is part of tim lnojecL
Where the Izoject is undeflakcn on or involves parklands or public watCz~ont land, the following
ndditionni ix, ovidom a~ply:
rcasmmbly equivalent usefulness and location to those to be discontinued, sold or disposed of, and
such othcr re~ as shall be ~oved by ~e.
Subeontrnctinn_ Reauirem~fls
A. The Contractor nmy subcontract for all or any portion of the activities covered by this Agreemem as
provided For in Appendix D, subject to pr~r wriuen approval by tl~ Depammmt of any
subcontrnct~ end the terms of any subcomract. Subcoutractors shall comlaly with all applicable
requirements of the Agrecsnmt betwem the Contrnctor and tl~ Stste.
All contracts by municipalities for servJcc, labor, and emulruction involving not rzm~ titan $35,000
and purchase conUacts invblvins not more than S10,000 arc subject to the re~ of General
biunic/pa] Law §104-b, which requires such contra~ to comply with the procurement policie~ and
procedure~ oftbenmnJdpalityinvolved. AIl sucheontracts slmH be awarded aflcr nnd in
Al- '7
State as set foflh in Appmdix D hereof.
B. 'me nsmicipal atton~, chief Icpl officor or finmc:bl &~istrator °f the ~ shli °crtifi' t°
the Depmlmmt of State that applicablc Imb]ic bi,,Mi,~_ ptxJcedutza of Ocfle~ Municipal Law §103
were followed for all service, bbor, and cemmmion contracts involving mm~ titan $35,000 and ail,
purcha~ canlracts involvin~ more than $10,000. In tbe ca~ of contrac~ by municiimlities for
n~ more tben $10,000, tbe muni~nl strong, chief lepl offieer or ~'~bl adminima~ shaU
we~ f~lly complied with.
C. AIl contracts by non-tmmiciiml entities such as a comnnmity'4rased orSaninti°n' shall have its chief
for l~ofessional nerviees w~ ~:ured by uae of ~ailten requm~ for laOlX~Rs Ih~ -~2t~ a Imbli°iY
advertised proeess to ¢mure the pt~lmt and eeonmn~l uso of publi~ funda for Prof---'Y~or~l aervi~s
of maximum quality at ressonable co~.
XIIL Ronuirem~ts for Comra~ GIS prodn,'~s (2/04)
. GENERAL MAP PRODUCT RF~~ section and the ADDITIONAL DIGITAL
CARTOGRAPHIC FiLE ~ section, ffnmdos..~, pteduc~ are requi~l by the
RE(~ section and the ADDITIONAL DIOITAL=READY MAP PRODUCT
file f,~..m on Rccordable CD m' DVD, 3.5' flol~py dlsk~t~ ~ exteanaJ hard drive, via ~
mail attachmont (.orefcr~ly h a Win~ file) or downloed~le fi'mn an ftp site on thc intcrnet.
Altornafively, the digital products may be lX~rv~ded in Amtnfo/OIS export fmlnm (.e00) or
AreView sharpo file format on the esme media types upon apsx'oval of tbe Departm'mt- AIl odJer
digital formats require prior al~wovnl of the Depemmnt. Coot~_'_',,sdon with the Dep~b.ent l~ior
Documentation - A data dictiona~ must be included along with thc map files describing file
contents and filenames, asweJl es metadata foresehflleincludlng mapl~ojectton,~I
Gcograplgc Data Commio. oe M~adata Standard as ex~ltad by Ex~,'utive Onkr ! 2906, April 11,
1994, "Coordinating Geosraphic Data A~uls' ition and Access: tho National Spatial Data
hTf'rBS(3~'ctt~".
4. Map Accuracy - Unless otberwisc stated in lhe R~, all de, livcrable map producta nmst conform
to National Map Accmacy Standards for befizontal and vertie&l ae~'acY as established bY the
United States l~resu of the Budget, Ju~e ! 0, 1 ~41, ~ Ju~c ] 7, ! 947. For e~]mple,
nmps at 1:20,000 or smaileF, not more than 10% of the well-defined nmp points tested must bc
Al- $
C~nstal Mainline Hamlbook. 1978, Melvin Bills editor, U.S. Oovemmenl Primlng ~
North Amedcm Hodzontal Datum of ! 983 (NAD83) md the National C~odeli~ Vmical Datum
of 1988 (NGVDS8).
B. ADDITIONAL DIgiTAL CARTOGRAPHIC FILE lt.BQUIREMEN'I'S -- ~ following
adjacent n~ sheets. No edge-match tolmnce will be allowed. Atm%~_._--_ for ~litaMe features
2. Common Boundaries _ AIl features i~t sham a ~omm0a boundary, ~ of map layer,
must have erectly tl~ ~ ooonlimte posi~m of ~nt featm~ in all ~mmon layer.
3. Point Duplication - No duplioation of goints lhat _o~_~r within a dala siting is permiaed.
Conn~vity - Where a,n,hi~ elemmts vimally n~et, they mst also digitally meet. All
confluences of lin~ and polygon dam must be exa~ "~', 'undea'slmots", *sliver', m'
"offshoots" are NOT pmniued.
of the lin~.
(mathematically) equal to th~ tim eoordinate pair. No 1~ ~ polyg.~ na~t ~ t~l[ ~ to
join at an actual confining. AH d~&itizeg fea~ur~ a~o~s map boundariea m~t b~ ~dil~d m
7. Graphic Preci~m - Pos~tioml ~m~,~ai~s fo~ all digital graphi~ elemmts should not be rqn~ed
to a level of precision ~reatea' than one thousandth (.00 ! ) of a foot.
8. Digitizer Accmaey - Tim required RMS ~,c,, for digitizer accuracy must b~ 0.003 or better for
di~i~i map registration.
C. ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMEN~ ~ The following
requirea~a for la~ ale, non-digital nap I~oduca nazi b~ followM to fr3itat¢ the futur~
conversion of the ma~ to digital ~q~ lm:nl~ts. AH large fmmat, ~=digitnl map PfOdm~ must be
provid~xi on stable base material at a stole stipulated in th~ RFP. TI~ map products mus~ ~ an
inde~ ~ to nil rasp shee~ and thorough descriptions of all the cal~ogtaphic demcnt~ po~ay~[
the m~s.
Al- 9
scales m.c ~q;vcd by thc _1~ _.~Jent. where posh'hie they will conform to ~ ~ ~
such ns 1:9600; 1:50,000; 1:7~,000;
3. Mep Regis~afion _ TI~ ma~ must pmvid~, minimum o f fou~ (4) ~orne~ and four (4) inte~n~
qu~,m~,le comroi ticks.
4. Map Title and Legend - The maps must provid~ a title and le~n~l bl°ek des~n'bin8 the
itesm !. 6 in tho mf~ cFiterla set foflh in the ADD~TXONAL DX(31TAL CAR~C Fn '~
D. CONTRACT DATABASE STANDARD~
above in 3~liverable Format.
2. Software poflnat - Datnbase and tabulm, fdes ~n be provided in Corel Quattro, Microsof~ Excel
or Microsoft A~cess foflnnt. O~h~r foflnats that m~ convefliblo to one o f the aforementioned
fommts may be reed with prlor ai~roval of the l~flment.
refc~nce mtm provide a ~i~ dm field and a gcop~d~ coordinate parr fer each
XIV. PaM nd Records Retention
A. Payments shll b~ nmd~ as m foflh in Appendix C.
payments nude pmmom m this A~oent. The Cofltrac~ shall t~-- _~_,¢a_ rec~h available for
review by tl~ Dqmm~mt upon request &t any ~ime. 'l'ne Depmmmt ,h,,!l haw the right to conduct
and for si reasmmbJc time following, issuance of the final peymen~ 3'~ Dq2artme~ shall be entitled
to dimllow ny co~ ~ expense, nnd/Gr terminate or suspend this ASrecmc~ ff th~ C~ntructor has
mi.qrej~sented any enq2a~itures o~ Proje~ octivitles in its applicnfinn to the l~artment, or in this
thcrcfiom in ncco~lance with ~mcndly accepted accounting p~ncipl~- ~he Contracto~ shall
maintain serrate fiscal books end records for ell funds reccived thro%ah the DcPaflmmt pu~uant t°
Al- 10
XVI. Arfie. l~ ISA of'f~ N~v York 8tare F..xe~utive Law
performed, the tmal dollar value of th~ contract, th~ scope of wodt to be Perfommi, n~d tho pr°j~ ~
and tenn.
The contractor will, when required as a ptfl of the bid or proposal, sulanit a ~ on th~ f°nn
p~ovi~d by tl~ D~pamu~. This Rlan will dem~ tho work fo~ an6eipated in tho perfotmsn~ of the
A=Rer a bid opening and print to the awtud ora state eontract, thc contrat:to~ will submit an-~
by the Depmmmm. The lmv tmyiuir~ thnt, as a precondition to enterin~ into a vMid. and bindin~ state
contract, the eontmotor will agree to the following stipulations and will include them in the ~
· The comractor will not discriminate against any employee or applicant for employment
becauso of race, creed, ~lor, rational origin, sex, age, disability or marital status.
For these ~ affu'mative action a~plies in ~$zas ofre~uitment, en~oymmt, job
assignment, promotion, up~ing, demotion, transf~, layoff, m' termination md rates of pay or
oth~ fmma ofco.~mation.
AI-.II
disability ot ~tai sutu~
· ~bc contractor will, at the roquest of tl~ DelMrtmant, ~ ~ ~ ~,~
union, or au~n-iz~xi re, restorative of workers with which it hss a cdkctive batPinin8°r °ther
agreeme~ or ~ to fumish a writt~, italement that such anployment asency, labor
· Failure to provid~ an ]~]~E~C~tlI~SIi and a ~tnfrmn P~ ~ ~e w~ttm
justification m- c~..~...::mam to lxovid~ Ihcsa requirenmnts by a specified date will ramit in
~ectlon of the co~tractm's bid or pmlx3~.
· After the award of a state ¢__~__t~ct, th~ contruGt~ will sulnnit to the Depeflment a.W. Rd[~
Emolovmant Utflinfion Raxx. L on the from supplial by tim Department, detailing the work
force nctunlly utilized ne the stat~ contra~ by etlmb: bnckground. 8mJcksr nnd Fcdcrnl
Depamnem on a quafled~, Imsis throughout d~ lif~ of the contmcL
· The contractor, sad any of its sulxxmtrac~xs, may be required to submit compliancc rcpofls
relating to their operations tnd !,?!emealatioa of their afrb ;~.~ve fiction or equal employment
oplx)flunity prosmn jn effect -s of th~ date ~he rote eos3~ac~ is cxecutcd-
left of the iMse, click on Small and Growing Business and, fr~n that drop-down mmu, click ee: ~
and Women-Owned Busine~. On the top of ~hc pa8~ click on the ~"d;"_° "MWBE DiraclorY.#
The ~t makes no
listed in the
XV[L Notice of Public Proceedinns
The Contractor agrccs to provide the Dejxu~nent with proml~ and timely written notic~ at least two
weeks in advance of all public pmceedinp, including, but not limited to; public meetings or hearings,
relating to the Project.
Al- 12
as indicated on the Face page of tiffs A~reement and where aMmlka~ble, v~le~t the Task # it ~ ~
In the Appmdix D~
1. Draflln~hets: twolx,pereopiesofea~p~o,~e~mustl~submitt~d-
electnmic copy (in Adobe~ Acrobat~ powtable ~Dt,,~i,~mlt Fmmat - PDF), ca~ed usin~ 300 dPi
3. Pictm~ and photographs must be dated and capfloned with the l°cati°n and a brief des~i~i°n °f
B. Coamtctor agrces ~o provide thc Depemnmt with cci{ira{ md ~ c°py °f !xtymmt requcet
&~u,nm~on as d~ribed in Appendix C.
A. Contractor a~es to la. vide thc !~ in a tim~y mann~, wRh nil docun~nmtion, Jncb't}~g
but not limited to, permit applications, cnvinnuncntal assmsmen~ dcsigns, plans, studi~
environmmtal iml~'t statement, findings, and determinator, ~elatin8 to the Project.
B. Contractm- acknowlcdgcs that con~ with thc State ~tal Quality Revlcw Act is a
mnterlaherm and condition of thls Agmesmmt, In no evmt shall my payments be __madc undcr this
has met ny t~ircnm~ imposed on ~ by the S~ate Environmental Qudtty Review Act
A. Tho Department may tetminnte the Agreemmt in acc4wdan~ with th~ term~ and eonditiom in
Section IH.
B. In addition to whatcvcr other ~ fights it has to tctminato the AsrecmetK the Bq:Pm'tmmt may
termimtc the Agreenuem when it is in the best intcrem of ttm State ~' (!) for ~me, (2) for
convenience, or (3) due to un~v~/labil/ty of funds.
If the Dopaflmem determines the Contractor has breached a term of the Agreement and ifth~
Depafln~nt determines the defect can be remedied, it may i~u~ n wfi#en notice Mov~di~ the
ConUactor with a minimmn of 30 days to con-ect thc defect and ~he n~ico may include a prove
tennimtion date. If tho Contractor fails to em~ct the defect or failm to mai~ a good faith en~foa to do
so ns detexmincd by the Depattn~nt to the l~'s ~,.ti,ff~tion. the I~ may t~s,u~nate
the Ag~gnz:nt for cause.
D. The i~t shah also have the right t0 postpone of suspend the Agreemmt or deem it
abandoned without this actimt being n bvcach of the Agrcgsnmt TI~ De~ ehnll PrOvide
written notice to the Contractor indicating the Agreement has been post~ suspended or
abandoned. During any postponemenl, ~mpemion or al~ndonment the Contractor agrees not to do
any work undcr thc Agreemcnt without inior writ~cn approval of thc
E. in the cvcnt the Agrccment is postponeck smpendc~ abandoned or tmninated, thc Depa~ment shall
make a settlement with thc Contractor upon an equitable b~sis in good faith and unclef Ihe general
compensation principles and rotes established in the Ag~nn~t by thc Depanmmt. This setflemem
Al- 13
FINAL ]P'RO, .CT St.qV[MAR¥ R_ PORT
Tho followin~ outline should be used to ~ tho Fi~4AI. ~ SUMMARY RI~'OltT:
1. Pmjo:t Tid~:
2. Namo of Mmdoipal~.
Td. numbo:., f ~
Tax Identification Number:.
6. Project Background Codgfly ~plain in a shota pamp~ph why this pmj~ was necessary, what its val~ b ~ i~
7. Project Work (briery de~rib~ tim wodc ~ w~ do~ ~o compkte the project):
8. Project Descriptions (use the foHowio~ ~uiddines to de.r. cslbe the pmjoct and please be eoncise in tho ~):
a. Fo~ a Plannins Projoct de~n'bo tho ~xSnBs or rocommmded em~e~.
b. For a Deaisn Proj~t denm'be what is to be lmilt.
c. For a ~ l~'~ject dmcdbe wlmt was built.
9. Project Measurable Rests: To bo ~ on forms a,ach~L
Visuals should illusm~ the fired pmjo~t product and, as aplsulnia~ at:tlvifies undmaken to ~ ~ ~
exan~le, some i~ojects would call foe visuals dm( includ~ pho~o~tsifas of volumee~s l~icipadng Jn · wetland re~o~tion
project (pland,~ Sp~ina); pho~o~,q~ or histo~i~l ~iS~ mad~s, kio*~ e=. loins jdac~l; or phoO~s~s oran mi~rs
~mdefin8 of a wate~mm~ d=siBn.
· For d=i~n p~j,~s, visual* ofm~in~ snd/or ml~:s ~t depict ~ final product.
· For planning pmjec~ visuals of any ~ whe~ a~lx q,, ~lr,, Ihat illm~n~ the find
Il For ¢~ pmjeo~ visuals of wodt in IwDgn~ and Ihe finished projoot.
h~ ad~tio~ to the 35mm color slldes/di~i-,t ~em disc, n video (vt.a fonna0 of the i~:ct ~ a ~ ~d~ ~
desirable ~ ~t manda~. The video may be used in a futu~ documerdary.
Al. Atl~c.~aem ~
NYS Depa'tmer~t of Slate .Min0H[yandWome~ Business EnlerPrisesl=r°gram
41 StMe SMa)et Albany NY 12231-0001 · (518) 474-5741
Minority and Women-owned Business Enterprises (MWBE) Program
Quarterly Contractor Report
REPORT PERIOD
Repro1 should oover s calendar quarlar OR Ihs Ixogrm, y, ar. FROM: TO:
Enterlheindusive~d'thequarlerorforthe~.-ogramyear. / -' /
co~ NAME PRO~ ~O8 CONTR4CT NUMBER
CONTRACTOR ADORES8 ~ Ama
~ d DESCRIPTION ~' AMOUN~ PAJD
VENDOR NAME and/IiDORESS VENDOR SERVICE/PROOUCT THIS PERIOO COMMENTS
nUeE $
~ WBE
D MBE
o WBE
o MSE
n WBE
O MBE
OVVBE
DMBE
[] WBE
n MBE
{3 WBE
[3 MBE
r~ WBE
O MBE
a WBE
II
PAGE
l~ro~eet Smtm Form
PROJF-~-~T
Al - Attacknc~ 3
ADJUSTMENTS - Please indleaU proposed adJmmH~(s) to work pre.am/schedule, reason(s) for the proposed
adjustments), and may other proMenn encountered durinn this ~euorttun nerlod;
Pea'son to contact if we have questions abo~t th~ infonmlion provided on this form:
Name: ~ail Address:
Title: Affiliation:
Photo:: Fax:
Al - A#achmmt 4
CertiflcafloB to New York State Department of'State flint d State mad Local and Private
l¥ocurement Requiremems Have Been Met
(Check the paratraph that spjmes)
NYS Dq~tu~ent of State Contract No.
the followin~ pmvis~ons:
and tht thc co~b.~,-t/procuranem with
, appendal Immo pursuam in whole or in pm to
, was awarded in aoe0vdance all mluimncnu of law and
Applicable public bidding procedures of Cwnend Municipal Law 0103 minting to thc procuremmt
for sex..e, labor, and/or comtmcti~ involvin8 more than $35,000 or pus~hase involving more than
$10,000.
to the procm~ncnt for scrvice, labor, and/or constmcfio~ inv~lvin~ not more than $35,000 or
purchase involving not more flum S10,000.
2. For New York City or Borough:
Applicable public bidding procedures of Oenend Mu~ioil~l Law §103 and regulations of the
Pmcurcn~nt Policy Boerd relating to the procurenm~ fw service, labor, and/or ~trdcfion
involving mo~ than $35,000 m' ~ involving moro tlum SI0,000.
involving not more than $35,000 or pmv~mo involving not more Oran $10,000.
3. For Not-for-Profit O~.~sm~zafie~ or o~cr gmifi~s ~o~ Usled above:
__ Ali rcquirements of law, including the NYS Not-for-Profit Corporation Law, the bylaws of this
organization, and pursuant to a publicly adveflised ~ to enmuc the prudent and economical use
of p~blic funds to obtain maxinmln quaUty at a rcasonable co~t.
Title:
Date:
A~chcd - Executed Contract between Conlractor ami SubconU~ctor
Revised: January 21,2010
APPENDIX B
B~I· SUMMARY
~. Salaries
IL Travel
C. Suppli~s/Mate~als
F. (M~cr
S0.00
5250.00
$0.00
$0.00
$109,62.5.00
S!25.00
TOTAL PROJECT COST
To~l State Funds
Total Local Shtc
S ! 10,000.00
~5,000.00
$55,OO0.OO
A~ndi~ ~ (n~et Det~ Sh~)
A= SALARieS & WAGES
~9 TInS p~orwr
,I
B. TRAVEL
Travel to NYS Co~i~nity Sen~ Series traini~ s~aions
Consultant se~ices t'or the dcvelopsncnt and preparation of the watershed mann~snent plans
SUBTOTAL $10~.625.00
Registration for NYS C~,~,,~,,mity Seminar Series tra/ning sesdons
(Resi~/ion fee $125 per pc~on per sessimt)
SUBTOTAL Sl25.00
~IX C
PAYM~T AND REPORTING S~u~DULE
Pnyme~ pmvMed above sludl be made to tl~ COml~_..~ up(m the submission bY the Comram~
ofpropedye~ecutedpnymmtr~lu~. Su~requcstshallcontaintbefollowin~ (1) ~m~-&7
Sheet Documemation Forms' ns lx~vided by th~ Depeflnm~ for reimbummxm of actnal and
eligible expenditure~ (2) th~ r~ work ImxJucts, and (3) a in~pedy e~.ecuted Sta~e Voucher.
project tnsks c~l~ to date. Fo~ ~he ~ of dem~;'dnS the level of t~mbunement,
odmwlse allowabl, p~ject c~ts may be reducai if the per~nta~ of task cos~o~ is deems!
Torsi allowable projcct corn, adjusted pm,mant to 2. above, will be pmmt_ _,~_ betwecn State Slmrc
n~d Lo~al Slmm co, ts in the sam~ pmt~o~s as Tolal Slate Sham is to Total ]r~x:al S~mm m set
forth on the Face Page.
4. Interim payments will be issued in amounts equol to t~e Sta~e Funds calculated in 3. above.
The final payment will be inued ulmn receipt and NJl2mval of a peymem reque~ marital
"FINAL" docunm~ns all projec~ costs incurred and tasks coveted and mlnn~ss~n of the Final
Project S.,~,dry RejMrt. Such final lmyment request shah be submiuod within 60 days following
th~ mdin~ d~ of flfi~ A~r~m~L
Payment r~luests os descn'bed in I.B. nbovc sblJ be ce~if~d by a d~iy a~tbofizcd re~w of ~
Comrn~or as m:~u~tely ~ ~ch ac~-~wlishnm~ and e~pensm as reeorded in the Con.negro's
scrviccs hsve becn paid by Ibc Contractor and do not duplicate reimbumanent o~ cmts and services
B. Notwitl~mm'in~ the above requirgme~ upon writtm notification by tl~ Depanmmt, thc ConUactor
may bo required to su-'m~t source documentatiolt sad additiomll verificali~t of allowable expmditurm.
Do
C+
C-2
Paymc~ rcq~es~ ~nll Ix: sul2m~tted to:
Nmv York fitate Del2~lment of -qtate
Office of Coastal, Local OoVCtlnlgalt & C4xnnmnJty Sustainobility
One ~ Plaza -Suitc 1010
Albany, New York, 12231-0001
Depar~ne~ If the total Contv~t mnount is in ego.s of ~0.000, apps~'nl will also be ~luired bY the
Office of the State C.o~llea'. No expenditm~ shall be allowed for items not set forth in the project
Thc Dcpeflmcnt shall have the right to conduct on. itc prosress assessmmts and twviews of the Pr~ect
and Contractm*s books and records during the llfe of this ASreemmt and for a reasonable time followin~
The Departmcnt shall be entitled to (fisallow any cost or expense, or tetmimitc o~ suspend this
Agrcemcnt. if found Oat the ~ Ires tn~ any ex~ or project activities in this
The Cm~tmcto~ ,~.z! maintain separate fiscal books and ~ for all f~nds rt~e~ved tlm~gb the
Department and project activities conducted pmmant to this A~t~mmt, and shall make all such books
and records available to the ~ ti~ Office of ~he ~ate Compeolle~, or 'their desigtw, od
re~mma~t~lv~ f~ impe~on md audit for a peuiod of ~ix yoa~ following t~nn~mtion of thia Agr~numt-
APP~DIX D
PROGRAM WORK PL~
Couma~T:.
Contract Numbe~.
~ Cont~ PerJon:
Fax:
Town of Southoid
C006975
Mark Terry
631.76~.1983
631.765.6136
DevelojdaS PrJor~ Impaired WMerbody and SGA Subwatershed Maua~ Flans
To advance implementation of thc Pcconlc lbtuary Proimn~ (PEP) 2006 Subwatenhed ]~nasnnent
Phn~ the Town of Souibold (Ceuunc~) will devciep wd~Td~J tmnagnnem plans ~ortbc
inclmle watenhed nsseumems, identif~atim and emi benoit ~t~ysis ofaltemalive mana~m~t
The Town/Jockey Creek, Goooe Creek, and Richmmxl Creek have been identified as priority hnpaircd
waterbodies by the Peconic Estuary Pro~tmn. TI~ creek sysMsns have been tlu~atencd due to severe
watcr quality ;uq,dJnncnts causing closed shellflthing wute~s and o~er limited use. Ac~ing to t~
1~ ofEnvironmen~ ~onservat~on's Priofil~ Waterbody List each creek is impaircd f(~
shcHflShillg a~ivilie~ with a p~l~try poJ~_dnrds be~ p~lbost~S, di_mu}]VCd ~ ~ II~/'i~. Th~
~ sources of pollutants ~ ut'den nmoffnnfl storm sewers. A poflim of Town/Jockey Creek
and Ricinnond Creek bavc been designated as Significant Coestel Fish and Wildlife Habitats by the
Department of State.
curres~tly closed shellfishing waters, enhancing crJticM hobitnt, mq2pofl~ reca~flionn] e~njo~ and
fostering community awe~ness. Once completed ~ implemented the watershed plans will initiate
known 8ourccs of pollution by employin~ several nonix)int sou~ nd s~,~,,ater managcmcnt practices;
pollution; will advance the PEP She[Irish warn3 Management J. nitintivc; and will impJen~nt infiltration
and dctmtion pmcticcs to decr~se nmoff volume,
2. Project Attribution and Nmber of Copies
The Contractor mus~ ensure that all mate~ais printed, constructed, and/o~ p~od?__~_ ncknowled~e thc
comributiom of the Department to the project. Thc materials must include the following
acknowled_m~nt:
D-2
The ~ nmst submit to the Depm~ ail required products, cleady labelled with the NYS
Comptrollers C.,ontm~ # as indicated on the Fac~ Page of this Agreement ~ where ,,~plicable, the
related Task # from this Work Plan. Th~ ~ shall submit:
Adobe~ A~ Pot'mblc Docummt Format - PDP), c~eated using ~}0 dpi scannin~
~x~xaet~- nan~ c,~,.~t #, and l~oject title.
writing to th~ Depamne~ that applicable provisions of Gcncral Municipal Law wegc fi~lly c~apHed with
(AppazUx A ~ -XXX).
A mquired~ of the Title 11 Envinmmmtal Protection Fund pro.un is Contractor pa~icipa~ion
in a trnl-i.g s~don or sessions focused on dev~oping and implmnmtting revitalization stratogies
(~x Al-l). Thc ptupose of these training sessions is to Imild knowledgc and Movide support to
commun~ lendaz to ndva~e mvi,,,~i~tion ~..uds and advance ~ant i~imlties. The q0ed_'fle ~mlning
stolon(s) to be attended wifl be detenrdned during the initial project seoping meeti~
S. l'rMeet Compom.~ts
T~kl:
project pareses, thc selectio~ process for pr~ consultant services for thc project, State
F-.nvin~,ental Quality Review Act (SEQRA) compliance requixements, the number oflmblic
mcetinss and teclmiques for public involvement propo~d for the lwoject, mtendance at NY$
and thc compo~tion ora technical ndv~ory COmmittee, shall be discussed during initial project
meeting. The Contract~, or a desigmted project partner, shall prepare and distribute to all
I)-3
Task 2:
· rea ~ will pmfidiMte in t~e Ckh~bdnity T~,in~'~ Ptogntm m rated in Se~on 4 above~
Task 3:
list oflwo~ members shall be cirmdated to the Dq~rtment for review ami ai~ Pfiorto
establishment of the ~,.....:t~ee.
Draft and fired list ofptopoaed ~ ofi~oject ndvisory ~.~.~'tee. Project
sdviso~ counittcc cstublhbcd.
T~k4:
Preparation of C~bmdnity Outreach Plan
coordinating the entire outreach process, logistics, and tho praposod schedule of public n~"~"g=- ·
publi~'~xl in thc oo~.-~i~lnity through prea~ re~, ~, ~ nuilin?: and
n~y olher .pv,~,v, L~Ie means. A summary o f each public outreach sesaion shall be nmde
available in vn~en form and ~ ~ apl~e nmms, such as wcl~ites~
~ Contractor m' its conmdtant(s) shall submit the draft ~ty Outreach Plan to the
Dcl~rtn~nt for review nnfl aplwovaL and shall incoq~oratc the De~ ~*~ in the
final Community Outreach Plan.
DroR and final Comm~mity Ouumeh Plato submitted to the ~ for
review and
TaskS:
Requmt f~r l'~lx=~
Task 6:
k consultation with the Deportment, thc Contm~ and m q~m~bt~ ~4ew con~nit~ee shall
~wicw ~11 pmpn~h mccivat is a ruah of (!~ !/!~. At a n~,~mm, d~ foHowinB crimia are
TI~ muni~l~l attorney, chief le~! offi~r o~ fmnm:ial ndminb~or of the nnm~i~lity slmli
ce~i~ in writing to tl~ Depam~nt ~at applicable provisions of Omeral Municil~d Law w~
fully complied with.
The Comractoes pmcuremmt reeo~d and consuJtam selection is subject to approval by the
~t.
Con. dram(s) sdeciod and aplx, ovod by the Delm~mmt. Wfittcn certification of
D-5
Task 7:
'i~e Cm~-actm- shall Wepere a draR subcontract m subcon~octs to condu~ project wodt with the
consultant(s) selected. The subcmdnc~s) droll ~ a detailed work pbn with adequate
oj~ty for review at al~ stages of projec~ cq~pktion, a peymmt schedule
(pxymcnts should be fled to receipt ofproduc ), taxi a projec cost The subcon ct(s) shall
will be dire~ly involved in specific project taskL 3~o C~tm~or droll subo~t the draft
c~.~.mts in ~he final ~s). A c~y of the final, ~ecuted subcomract dull be
Task
Sec d P,oj t Me in
sit~ condRk~ m~l micro and rem{mmiblli~e~ identify n~w informati(m nee& end next sL~_: and
trm~fc~ m~y infornmii~ to the ommulMal(s) which woukl n~ist in complcfloa of'th~ proj e~..
The comulim~s) shall pl'epem ~d di~[b~e a bfiefmee~g ~m.,my clezdy imtic~i~ ~he
Second Im~j~c~ mccfin~ with approl~te pa~e~. Written meeting sumuary
ot~.g ~ rear. bed.
Task 9:
Prepare DrJ. fl Waterdmi Mamgm~nt Plans
h collnborm/on wkh the i~oject partne~ and the technical ~ group, the Co. factor, or its
~msultnnt(s), will prelate the Draft Watershed Mm Plato fo~ the Town/Joct~'y Cr~ck.
submaks below. The Dr~ will reh, ence ali sou'cea of infotmatioo and identify nny information
addruocd to the smisfnction of the Depamnent prio~ to fumlimim of the Draft Watershed
Mamgm~mt Plan. and its ~mpo~nts, In addition, the Draft should be dism'buted to membcrs
of the technical adviso~ group and other ~3,,~riate pro. et paflne~ for rev/ew.
Subtnsk 9.1: Clmracieriz~ Ihe Wnterl~es and its Contributing Areas
The Cou~&~Mr, or its oomultant(s), will prepare a writmt dmrac-~_'_~_.*_!o~ of thc study
wme,~hcds and Co) the c~ndiikm of mUum{ rcsou,~s.
A. l~s~ripfion of the upland watershed and co.ri'but [u8 at~as
The cham~e~ation of the upland watct3h~ and ctmtfibuliflg areas will include
de.iota and map elements that:
lnvema~ futurcs of ~c w~.ershah. Items to comi(hn- inc2udc, I~ m~ not
· nited to; ~osr,~ se~-~ topos~r, seotofy, hydrosrephy, noodpZ~m,
~ls, erus or aueio~ pm;ipitetion, zoning, re, lined infrastmm~ (&~, roed~
brid~es, stomm'mr outfah, ,b,,~), and locally significant and ~tcd
habitm (eL, wctlmds).
Th~ Contractor, ~ its commltant(s), sludl develop a detailed description of the ecological
_co~_~i(m (including water, solid.at, and biolos~al quality) ofstrean~ wet]arab, and
and 1Mority Waterbody List, OP.C Watcr Quality Chssificatio~ and loc~ ~
key watcr and habitat rcsources wh.'~ting qeeoial ~eetion or
The Co~,~,~tor shall mbafit the draft natural rem~,~.es cbafacte~,)m io ttm
Depmtment for ~vicw and epprovai, and shall incof~rate the Depaflment's co...a~ in
the final natural resourco characterLzations.
Written chracterizatiom of the watcrshai's natural msotuces suplx~od
by nmps, tables, and graphics as approprbtc.
D-7
draft S~ Pfioriti~tion Rqx~ to Thc Dep~mmt for zeview and ~o.al,
The anemnmt of laws .~ p~acfices ~ include the follo~.
· a description and analysis of fedeud and stat° laws, ixograms and ~acfiee~ that
affect point and nonpoint souse poflution in tho wa~emhed;
· a d~xfipfion and ~qlym of iool land m~ plato, r~gulsfiom, ( including z~alng=
site plan review, subdivision rcgulations, stmmwater IFdlna~ and wetlands,
· an analys~s of the sU~ugths and weaknesses of'local bws, prosmms, -~d pmc~c~ as
they relate to mana~nnent of point arid nonpoint sourcc pollution and protection of
aquatic habitat.
· identiflca~on ofpotentbl Saps and amendma~ to locel laws and nceded cbans~ to
The Contract(~ (~ its em~sul~d(s) sbalJ submit thc draR ~t of Laws and
De~mmuent,s ~.~:n~ tu ~he fired Assessmem of Laws and Practices Repofl.
Products: Dntft and final Assesnn~t oF Laws and Prac~iccs Rcports submitted to The
Subuskg.4: ~ Manaimnem Stmegies
Based o~ the chru~erintio~ ofth~ watmbodies and their waterdmb (Sub'ask 9-1),
subwatcrabed prk~itinfim~ (Subtafk 9.2) and the assesamm~ of laws ~md PmOioes (Subtask 9.3),
the ~u~actor or its consultant(s) will idenfi~/managcment sUat~ies to (a) t,.~ec~ nnd (b)
lden~fi~atJon nnd written des:dptimu of specific numascmcnt strategies
for ~ quality and habitat Ix~tecfion.
restoration strategies may inelmi~ but shah not be lin~ted to:
Wa~nhed.levd and si~ specific aetimu to restore water quali~y and living
ruomr, es/hbitt*.
Stonnwnter remedi~on measur~ to Farce pollutant Ioadinss in each
subwatershed (e.~., wetland c~eatio~ vegeUtive ~reaunenl systems, retrofiUin&
reduction of impervious ~).
Pmcntial sites for fish and wildlife habJ~t restoration including arcos within
in'q~'ovement to e~ologi~! hnegrity (e.g., hnbita! s~u~ture, dynan~,
conne~iviv/, and qualiVy).
I)-9
9.5: Plmin8ofMafuganem Su~e~ics
congsonent will:
Evaluate 8nd rank potential projects nnd other actions within erich subwatca~l~d
aecordi~ to anticipated reducii~n in n0npoint ~ pollution, wm~- quality
~a~o.m~ts, and ben.ts to fish and wildlife.
Clearly at~iculat~ priorities, menaumblo objectives and steps to implement thc
ln~lud~ cost estinnte8, potential Pmding soUSes, ancl a plmsin~ 8ch~lule no~
The Contractor nlmU submit the draR strategy/l~_ '*~ plans to the Depamnent for
Writtcn ~ that idcntifies ptimity subwatersheds and schedules
Task 1 O: Second l~d~ic Mg~ng
In consultation with tho Dqxtrm~nt, a second public information meeting slmll bo conducted
prior to preparation of the final Watershcd Management Plans to allow for public review and
comment on the draft documcnt. A writteu ~ of public input obtained at thb mcgting
shall be p~cl~red and provided to thc Dcpartmc~ for review and conunenL Public input shall be
D-10
Public information _me~? held. Minn~s/Smmm~ of meetings ~ and
submitted to the Depamm~
Task 11: Prepa~ Final Watershed Manaffsnmt Iqans
The Contractor o~ its eomuitani(s) will oompl~e the Final Wal~sh~d Management p!~n~ which
will ineotpon~ and rofleet oosmnmts _t,~_ __'red f~om the project Inn~ne~ th~ Depml,omt,DEC,
Comments and revisions su~t~d by the Oepamnmt must I~ in~mpota~ into the Plan to thc
satisfaction of the Depa~nent prior ~o finalization and/~r publicalim of the document.
Pw~ _ _~_~ Final Watends~ Managen~nt Plans.
Task 12: Semi-annual RepoSing
Ta~k 13: Final Proje~ S~m~uy Repo~ nnd Measurable Rests fm'n~
The Contractor or its ~mltsnt(s) shall wogk with the Depamnent proje~ man~er to ootnldete
the Finnl Project Sunmmry Rq~ and Measurable Rmults f~'n~. Final l~jn~gnt shall not be
PmdU~s: Completed Final Proje~ S~mu~ity Rqx~t and Measumbl~ ~ fro'ms.
6. ProJect Manag~ement ResponsibilR~
Project De~fi~on or under Project Componms, th~ ConU'a~m' and/~ its appoved a:msulmt{s) or
subcontractors) s~all conduct all work as dc~cribed in the compommt tasks.
The ~ontractor:
will be re~panm'ble for conducting all project work in conformance with the Work Plan includcd
in tl~ ~xecutod ~ntrnct with the DelnU~,~
will b~ rmpon~'ble fo~ all in'oj ect activities including draffin$ reque~ for pro~ and
will ce~ify to the !~ flint the Wo~.u'mnent ~ for l~ojeet consultants and
subcontractors ~mplies with ~he applicable provisiom of General Municipal Law.
will receiv~ approval fmsn tho Departme~ fro' any and all eonsultant subcontracts before
beginning proje~ work.
will be re~ble for submission of ali produc~ and payment requests.
D-Il
Restore:es logo, featm~ the Se~ of State and the Governs, and a~wled~e tl~
contn'bufionl of the 1~ to the p~oject.
will ensu~ that all products lmspmrod as a l~rt ofthis agreemmt alm]l include tl~ NYS
Coln~lle~s Comuact # as i::di,,~,~4 on the Face P~o of this A~eemcnt.
developing and implementins rev~*i.-*ion struts. The pmpo~ of
to build knowledge and lWovid~ lU~ to ~,,::.mmity lenders to advlm~
will review and al~rOVe o~ disprove of sub~ntracts between the Con~ac~' and oonsultant(s)
and any o~cr ~s).
will participate in initial proje~ ~ and attend moetinss that a~ impo~,,*,* to tim project.
NOTICES
All notlces permitted o~ rcquired bcreundcr shall be in wrlting ami sb~l be transmitted ci~-
by deUve ,
by expedited delivery set,fi:e; oF
by e-naiL
Such notices shall be addressed as follows o~ to such difl'mmt ad~ as thc pm'ti~ ~¥ ~
~ designate:
Tifl~
Addre~:
Telephone Numbeg.
FacsimUc Numbs:.
E-Mail Addrea~
99 Washinston Avame, Suite 1010
Albany, NY 12231
518-486-9540
518-473-2464
iamissa.~stnte~ny, us
Name:
Title:
~xldress:
Tdq~hone Numbm':
Facsimile Numbe~.
E,-Mafl Address:
8oott A. Russell
Superviso~
53095 Mm Road
POBox 1179
631-765-1889
631-765-1823
scott.russeil~town.soulhold ~mAus
Thc paflies may, from time to time, specify any new or different address/n the United ~ ~ ~
address for purpose of rec~iving notic~ under this ~t by giving tiffin (15) days writtqn mice to
the other party sent in accordance hc~tk The porties agrce to mutually designate individuals as their
rcspectivc represemativea for the purposes of receiving notices undor thin Agrccmcnt. Addi~d
individuals may be designated in writing by the paflies for purposes of implementation and
admlni'4mtion)billin8, resolving isau~ nmi peobletns and/or for dispute mlolutioo.
Comm/~!on~'s ~ole cl/sct'd/oK duo to exmmst/~c/mm~m(~L $ochdec~0niCl~yma~sl~llbemadc/n
COral)troller, s ~ to nulhol~ electro~ po)qmS, Autbot/zil~ b we Ivlihl)le Bt the Stile
~ller'l wd~itc at www~osc.st~.nv.us/~eVlv/'mdex.h~ by enm/] ~t ~ or by tdci~boac
at518-47~. I~32. Conlnu:torb?Jox)wledsesthst/t willnot n~/~l~y'~ P~ oalmyirmjoes suhn/tted under th/s
Conu~ if it docs not comply w/th Stat~ Cum~oller'l dc~v~c ix)mint gcocecbx~ ct, copt where the
Commi~'o~- has eapmaly auth~,i~ ga~nma by pap~' ~& as m f~h a~n~.
APPI3qD1X X
MODIFICATION AG~ FORM
Aae~y Code:
Comm:t ?etlod:
· Umia is an AO~ b~:en 'I'HE ~TATI~ OF NI~W YORi~ a~ by and Iht~ the l',~w Yodt Stale ~ ° f
$lateq havin~ i~ iMneii~l office ~ 9~ Wa~dn~n Avenn~ Ax~my, N~v Yod~, 12231 (lnes~nnfl~ mfem~d m as ~ STATE),
and Town of Southokl ~ ~s~d lo ss the CON~.ACfOR), fo~ mod~c~inn of Cm'~ Numb~ C006975, as
mended abo~ sad tn auached ~s) .
AIl olhet provisiom of hid AG~t~xlENT shall mmin is full f~.e md ~f~l-
IH WITNE,~ ~F, ~he paztl~ h~0 have e0tocu~! figs AGREEMENT ~ of ~ho da~a a~ under ~etr
NYS DI~ARTM]~qT O~ STATE
By:. By:.
Title: Title:
ACKNOWI .It'nGMI;NT
State of New York )
County of. ~s:
On this dayof , ,in theycar 20 , before n~ 1ocrsomlly appeared
,, , to me Imown, who being by me duly sworn, did depose and my tl~t he/she
is the of , the _o~g~i~tion des~n~oed in
and which excreted the above im~ and that ho'she has ~he amhority to sign ~ ~f of ~ ~t~;
and th~ h~/she executed the foregoin~ agreement fo~ and on behalf of hid o~O~n~i~n- ·
Thomas P. Du~lapoli
Smte Compe;oller
Date:
NOTARY PUBLIC