HomeMy WebLinkAboutStormwater Management APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code' 19000/DOS01 Contract No.. C006792
Contract Period. 04/01/06 to 03/31/12 Funding for Period- $0.00
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 in Albany, New York(hereinafter referred to as the STATE),and Town of Southold(hereinafter referred to
as the CONTRACTOR), for modification of the contract number noted above,as amended herein and noted below
Type of contract modification:
❑ Renewal: Revised total contract value. $ (renewals only)
❑ No cost time extension
® Amendment: Budget Amendment and Work Program Amendment
® Attached Appendices: Appendix B and Appendix D
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.
CO R..AyCTOR SIGNATURE NYS DEPARTMENT OF STATE
By By.
(print name) (print name)
Title: S e-f— !S /� DIRECTOR OF FINANCIAL ADMIN15-IRA IUiv
1_ ^ Title:
Data Yl r of _ Date
state Agency Cortificattoo- "In addition to the acceptance of this contrac4 1 also cemfy that onginal copies of this signature page will be attached to all other
exact copies of this contract"
State of New York � )
County of _S� —A�OLK-)ss:
Ou this--0"" day of �tom,
, in the year 20��,before me personally appeared
c
//�� SSown and known to me to be the person who is the
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0 "t'" -SO G(Y1'1c✓r�the organization described in and which executed the above strument and that he/ehe—
has tpe authority to sign on behalf of said organization; and that helshaexecuted the foregoing agreement for and on behalf of said
organization.
NOTA LIC ELLE L. TOFAASZEWSKI
NO BBUC-STATE OF NEW YORK
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ATTORNEY GENERAL'S SIGNATURE. STATE COPINQRVI-LEIt'J SIU`NARURE-
My Commission Expires November 27, 2014
By: By' APPROVED
Orn 1
Date. _ Date.
OUT
tw_r-u�A"10
FOR THE STATE COMPTROLLER
NEW YORK STATE-DEPARTMENT OF STATE
BUDGET ADJUSTMENT FORM
A Recipient. Town of Southold
Contract#: C006792
B Budget Category Changes(circle applicable category(tes).
A. Salaries, Wages and Fringe D Equipment
B. Travel E Contractual Services
C. Supplies/Materials F Other
C Reason for Changes(if additional space is needed,you may attach additional sheets)
• SEE ATTACHED
Name of Authorized Recipient Official Signa re ofiQIQ horizeddRecipient Official
Title of thorized Recipient Official Date —
FOR DEPARTMENT OF STATE USE ONLY
E Program Representative Action: __ZApproved Disapproved
_Ur I� IIIIFL
Signature of Program Representative Date
F Contract Administration Unit Action: Approved !Disapproved
Signature of Program Representative Date
cf{u aI�(n--
Parent, Laurissa (DOS)
Subject: RE: Amendment to Southold 6792 2006 EPF
From: Ethier, Jaime (DOS)
Sent: Friday, July 20, 2012 3:07 PM
To: O'Brien, Erin (DOS)
Subject: RE: Amendment to Southold 6792 2006 EPF
The Town of Southold's contract has been amended to include additional tasks for outreach/public education related to
stormwater management. The work program and budget have also been amended to reflect additional Town staff work
on the Chapter of their Town Code addressing stormwater management necessary to address MS4 requirements.
1
BUDGET AMENDMENT
SUMMARY SHEET
Town of Southold
Agreement#C006792
Revision of Town Code to Implement Stormwater Management
Current Change NEW
Budget +or- BUDGET
A. Salaries& Wages(Including Fringe) $50,000.00 ($9,855 56) $40,144.44
B.Travel $0.00 $0.00 $0.00
C. Supplies/Materials $0.00 $0.00 $000
D Equipment $0.00 $0.00 $0.00
E.Contractual Services $0.00 $9,85556 $9,855.56
F.Other $0.00 $0.00 $0.00
TOTAL PROJECT COST S50,00000 $000 $50,000.00
Total State Share (50%of Total) $25,00000 $0 00 $25,00000
Total Local Share (50%of Total) $25,000.00 $0.00 525,000.00
Appendix B
BUDGET SUMMARY
A. Salaries&Wages (including Fringe Benefits) $40,144.44
B. Travel $0.00
C. Supplies/Materials $0.00
D. Equipment $0.00
E.Contractual Services $9,855.56
F. Other $0.00
TOTAL PROJECT COST $50,000.00
Total State Funds(50%of Total) $25,000.00
Total Local Share(50%of Total) $25,000.00
B-2
Appendix B(Budget Detail Sheet)
A. SALARIES&WAGES
TITLE ANNUAL AMOUNT
SALARY CHARGED TO THIS
PROJECT
Town Engineer $65,000.00 $15,000.00
Commissioner,Department of Public Works $86,000.00 $2,000.00
Town Attorney $90,000.00 $4,000.00
Assistant Town Attorney $75,000.00 $9,864.35
Principal Planner $89,180.00 $3,198.69
Intern $12.00/hr $1,704.00
Technical Coordinator B $65.12/hr $4,232.80
Network and Systems Administrator 72.30/hr $144.60
SUBTOTAL $40,144.44
B. TRAVEL
SUBTOTAL $0.00
C. SUPPLIES/MATERIALS 11
SUBTOTAL $0.00
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES
Contractual services to print color brochures and posters.. . . . . . . . . . . . . . . . . . . . . . . . . . . $9,855.56
SUBTOTAL $9,855.56
R OTHER
SUBTOTAL $0.00
APPENDIX D
PROGRAM WORK PLAN
Contractor: Town of Southold
Program Contact Person: Mark Terry,LWRP Coordinator
Phone: (Office) (631)765-1938 1560
(Fax) (631)765-9015
Revision of Town Code to Implement Stormwater Management
1. Project Description
The Town of Southold(the Contractor) will, through consultant services and the work of Town staff,
prepare and adopt revisions to its code to better manage stormwater runoff within the Town. The
purpose of the new subtitle,Stormwater, Grading, Drainage and Erosion Control Code, will be to
protect, to the greatest extent practicable,life,property and the environment from loss, injury and
damage by pollution,erosion, flooding,and other potential hazards, whether from natural causes or from
human activity. This subtitle will help protect surface waters and freshwater wetlands from pollution,
meet the requirements under the NYS Department of Environmental Conservation State Pollution
Discharge Elimination Permit for Municipalities with Separate Storm Sewer Systems in urbanized areas,
advance the Town's LWRP,and fulfill the responsibilities of the Town as trustee of the environment.
In an effort to implement the new stormwater management code, the Town of Southold Planning
Department will identify stormwater management best management practices and develop an outreach
program, including two brochures(one for homeowners and one for construction), television slides,
posters and a printed public announcement,based on Chapter 236 of the Southold Town Code(the new
stormwater management chapter). Outreach materials will provide homeowners and contractors with a
series of actions to minimize soil erosion,sedimentation and stormwater runoff and to manage activities
that could alter natural drainage systems or increase nonpoint sources of pollution to the Town's
stormwater management system.
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 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.
D-2
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.
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. 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 requirements, 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.
Task 2: 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 appropriate. The committee shall be
representative of all appropriate municipal, state and federal departments and agencies with jurisdiction
over project activities or the project area A draft list of proposed members shall be circulated to DCR
for review and approval prior to establishment of the committee.
Products: Draft and final list of proposed members of project advisory committee. Project
advisory committee established, if appropriate.
D-3
Task 3: Request for Proposals
The Contractor shall draft a Request for Proposals(RFP)including a complete project description with
scope of work, 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 4: Consultant Selection and Compliance with Procurement Requirements
In consultation with DCR,the Contractor and an appropriate review committee shall review all proposals
received as a result of the RFP. At a tmnimum,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.
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 Contractors procurement record and consultant selection is subject to approval by DCR.
Products- Consultant(s)selected and approved by DCR. Written certification of
procurement procedures.
Task 5: 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.
D-4
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: Draft and final,executed consultant subcontracts.
Task 6: Second Project Scoping Meeting
In consultation with DCR,the Contractor shall hold a second project scoping meeting with the
consultant(s)and the project advisory committee to review project requirements,scope of work,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.
Task 7: Draft New Section of Town Code
The Contractor or its consultant(s)shall prepare a draft a new section of Town law titled Storm Water,
Grading, Drainage and Erosion Control Code. The purpose of this subtitle would be to protect,to the
greatest extent practicable,life,property, and the environment from loss,injury,and damage by
pollution, erosion,flooding,and other potential hazards,whether from natural causes or human activity.
The new code will include provisions for reducing the impact of stormwater runoff by naturally filtering
it through drainage structures or bio-filtration systems for any and all proposed land clearing and/or
development. The title is intended to protect surface waters and freshwater wetlands from pollution,
meet the requirements of state and federal regulations under the NYS DEC NPDES permit,and fulfill the
responsibilities of the Town as trustee of the environment. The draft section shall be submitted to the
DCR,the project advisory committee,and any other necessary stakeholders for review and comment.
Comments from the DCR shall be addressed to the satisfaction of the DCR prior to finalization and
adoption into law of the Storm Water, Grading, Drainage and Erosion Control Code.
Products: Draft new section of code submitted to appropriate municipal, state and federal
departments and agencies,and revised as necessary.
Task 8: 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. If a positive
declaration is made,a Draft Environmental Impact Statement shall be prepared.
Products: SEQRA documents and, if necessary,a Draft Environmental Impact Statement.
D-5
Task 9: County Planning Board Review
The draft new section of code shall be submitted by the Town to the Suffolk County Planning Board for
review and recommendations pursuant to Section 239-m of the New York State General Municipal Law.
Products: Recommendations received from the Suffolk County Planning Board on the draft
comprehensive plan and zoning ordinance
Task 10. Public Meeting
The Contractor or its consultant(s)shall conduct a public meeting to present the draft new section of code
and obtain feedback from project stakeholder and the public. The Contractor or its consultant(s)shall
document public comment and submit a summary of the public meeting to DCR for review.
Products. Minutes/written summary of the public meeting.
Task 11: Adoption of New Section of Town Code
The Contractor shall formally adopt through resolution as a new section of Town law the approved Storm
Water, Grading, Drainage and Erosion Control Code. A copy of the resolution shall be submitted to the
DCR.
Products: Resolution adopting new section of code as Town law.
Task 12: Stormwater Management Best Management Practices
The Contractor will identify two sets of best management practices(BMPs)based upon the provisions of
the stormwater management code-one for homeowners and one for contractors. The BMPs will be a
series of actions to minimize soil erosion,sedimentation and stormwater runoff and practices to manage
activities that could alter natural drainage systems or increase nonpoint sources of pollution to the
Town's stormwater management system The BMPs shall be submitted to the DCR,the project advisory
committee,and any other necessary stakeholders for review and comment. Final BMPs are subject to
approval by the DCR.
Products: Stormwater Management Best Management Practices
Task 13: Stormwater Management Outreach
The Contractor will develop an outreach program to educate homeowners and contractors about the new
stormwater management code and acceptable practices for managing impacts to the Town's natural and
developed drainage systems. The outreach program will consist of materials to inform homeowners and
contractors about the BMPs and to illustrate their proper use. All draft outreach materials shall be
submitted to the DCR, the project advisory committee,and any other necessary stakeholders for review
and comment and final outreach materials are subject to approval by the DCR prior to production.
Products: Stormwater Management Outreach Materials
D-6
Task 14: Semi-annual Reporting
The Contractor or its consultant(s)shall submit to the DCR serm-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 15. Measurable Results
The Contractor or its consultant(s)shall work 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
5. Project Management Responsibilities
For this project,the primary contact for the Contractor is Mark Terry of the Town of Southold,or his/her
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 subconsultants.
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 DCA before purchase of any equipment.
• will secure all necessary permits and perforin 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.
D-7
• will recognize that payments made to consultants or subcontractors covering work carried out or
products produced prior to receiving 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 continents as necessary to meet the
objectives.
• must approve any and all design,site plan,and preconstruction documents before construction
may begin.
RESOLUTION {RESNUM}
ADOPTED
DOC ID: 7147
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-674 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Modification Agreement Form between the
Town of Southold and the New York State Department of State in connection with extending
the funding for Agreement #C006792 (Revision of Town Code to Implement Stormwater
Management) to March 3 I, 2012, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000
Contract Period: 04/01/06 to 03/31/12
Contract No.: C006792
Funding for Period: $25,000.00
This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of
State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter referred to as the STATE),
and Town of Southold (hereinat~er referred to as the CONTRACTOR), for modification of Contract Number C006792, as
amended above.
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, thc parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
By:
Title:
Date:
CONTRACTOR SIGNATURE
(print name)
C-_
NYS DEPARTMENT OF STATE
_.(prin(name)(pr
DIRECTOR OF FINANCIAL ADbtINISTRAT~ON
Title:
ACKNOWLEDGMENT
State of New York
co iy of o
On this Bo day of~, in the year 20 k. [ , before me personally appeared
~ A' t~c4°~CC~/~°mekn°wU '" n, who being by me duly swom, did depose and say that
he/she-is the ..-.3-L. c49 e~.r~c./[.c c:, r~of '"~.)/? c~ ~ ~'r~/..t ~ot/at/ , the organization
described in and which exeCuted the above instrument; and that he/.shg has'the authority to sign on behalf of said
organization; and that he/sheexecuted the foregoing agreement~or and on behalf0fsaid organization.
NOTARY PUBLIC --
LYNDA M
Approved: NOTARY PUBLIC, State of New York
No, 01BO6020932
Thomas P, DiNapoli Qualified in Suffolk County
State Comptroller' Term Expires March 8, 20 !~'"-
By:
Date:
I-RPROVED
DEIVl', 01: AUOIT & OONTROL
NOV 16 2011
FOR THE STATE OOMPTRO~R~ ~
RESOLUTION {RESNUM}
ADOPTED
DOC ID: 7146
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-673 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 27, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Modification Agreement Form between the
Town of Southold and the New York State Department of State in connection with extending
the funding for Agreement #C006878 (Stormwater Management in the Town of Southold Phase
II) to May 3 l, 2012, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED IUNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000
Contract Period: 05101/09 to 05/31/12
Contract No.: C006878
Funding for Period: $80,000.00
This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of
State, having its principal office at 99 Washington Avenue, Albany, New York, 12231 (hereinafter referred to as thn STATE),
and Town of Southold (hereinaf~r referred to as the CONTRACTOR), for modification of Contract Number C006878, as
amended above.
Terms and conditions of this amendment arc 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 thc dates appearing under their
. signatures.
~C~CTOR SIGNATURE
(print name)
Title:
Date:
NYS DEPARTMENT OF STATE
(pril~name)
Title: DIRt:Gl'OR OF FINANCI,t~. ADMINISTRATION
Date: t / ~//t
ACKNOWLEDGMENT
State of New York
Countyof _Tad
Onthis ~::~0 dayo.f~.d~.~ , in ~e year 20 ~f ,~foremepersonallyappe~ed
~ ~. ~.~ [[, to me ~oWn, who being by me duly swom, ¢d de~se ~d say that
he/~ is the ~ ~(~Of of ~~ ~, ~/~~the org~imtion
described in and w-~c~executed the above im~ument; and that he/~ h~ the authority to si~ on behalf of said
organimtion; and that he/~ executed the foregoing a~ee~t for and on behalf of said organimtion.
NoT~Y ~UBLIC
Approved: LYNDA M.
NOTARY PUBLIC, State of New York
Thomas P. DiNapoli ~ No. 01 BO6020932
State Comptroller
O~. OF AUDITS CO~Ot
"Y: NOV 1 6 2011
Date: