HomeMy WebLinkAboutBittner Preserve Improvement ProjectRESOLUTION 2012-880
ADOPTED
DOC ID: 8335
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-880 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 4, 2012:
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 amending the Budget
and Work Program for Agreement #C006877 (Bittner Preserve Improvement Project), at no
additional cost to the Town, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS1
MOVER: Louisa P. Evans, Justice
SECONDER: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000/DOS01
Contract Period: 08/15/09 to 12/31/12
Contract No.: C006877
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:
o Renewal: Revised total contract value: $ .......... (renewals only)
t2 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.
(print name)
....
Title:
Date:
NYS DEPARTMENT OF STATE
(print name)
Title:
Date:
State of blew Yo~k )
County of ~. ~/'~
O0~.~ ~~t_, to me know~d known to me to be *e person who is ~e ~ff~'
~~_~_~ ~organizafion described in and which executed ~e above i~ment; and ~at he~
has the authority to sign on behalf of said organization; and that he~ executed ~e foregoing agreement for and on behalf of said
organization.
NOTARY PUBLIC CO~ ~, k ~ '
ATTORNEY GENERAL'S SIGNATURE:
STATE COMPTROLLER'S SIGNATURE:
By: By:
Da're: Date:
NEW YORK STATE - DEPARTMENT OF STATE
BUDGET ADJUSTMENT FORM
A
Recipient: Town of Southold
Contract #: C006877
B
Budget Category Changes (circle applicable category(ica):
A. Salaries, Wages and Fringe D. Equipment
B. Travel E. Contractual Services
C. Supplies/Materials F. Other
C
D
Reason for Changes (if additional space is needed, you may attach additional sheets):
* SEE ATTACHED *
Name of Authorized Recipient Official
//
~gn~rized Rocipi[nt Official
Title of ~uthorized Recipient Official
Date
FOR DEPARTMENT OF STATE USE ONLY
E Program Representative Action:
__Approved ____Disapproved
Signature of Program Representative
Date
F Contract Administration Unit Action:
..... Approved
_____Disapproved
Signature of Program Representative Date
BUDGET AMENDMENT
SUMMARY SHEET
Town of Southold
Agreement #C006877
The Bittner Preserve Improvement Project
A. Salaries & Wages (Including Fringe)
B. Travel
C. Supplies/Materials
D. Equipment
Current
Budget
$0.00
$0.00
$15,000.00
Change
(+ or-)
$27,000.00
$0.00
$3,000.00
$0.00 I $0.00
NEW
BUDGET
$27,000.00
$0.00
$18,000.00
$0.00
· Contractual Services $ , , ~ . $150,000.00
F. Other
$195,000.00 i $0.00
$195,000.00
TOTAL PROJECT COST $390,000.00 $0.00
Total State Share (50% of Total) $195,000·00 $0.00 / $195,000.00
Total Local Share (50% of Total) $195,000.00 $0.00 i $195,000.00
· I I
I $390,000.0
APPENDIX B
BUDGET SUMMARY
A. Salaries & Wages (including Fringe Benefits)
B. Travel
C. Supplies/Materials
D. Equipment
E. Contractual Services
F. Other
$27,000.00
$0.00
SI8,000.00
$0.00
SI50,000.00
$195,000.00
TOTAL PROJECT COST
$390,000.00
Total State Funds
Total Local Share
$195,000.00
$195,000.00
B-2
Appendix B (Budgel Detail Sheet)
A. SALARIES & WAGES
TITLE ANNUAL SALARY AMOUNT
CHARGED TO THIS
PROJECT
Heavy Equipment Operator $63,016.69 $827.09
Town Maintenance Crew Leader $83,692.63 $2,909.46
Groundskeeper Il $66,894.97 - $68,169.23 $10,136.80
Groundskeeper 111 $70,907.56 $3,252.20
Maintenance Mechanic III $56,613.02 - $68,539.30 $9,874.45
SUBTOTAL $27,000.00
B. TRAVEL
SUBTOTAL $0.00
C. SUPPLIES/MATERIAI.S
Stone blend ............................................................................................................................... $1,000.00
Site improvement (including landscaping) supplies and materials .......................................... $17,000.00
SUBTOTAL $18,000.00
D. EQUIPMENT
SUBTOTAL $0.00
E. CONTRACTUAL SERVICES
Demolition and removal of existing structures: and site improvements (including landscaping)
SUBTOTAL $150,000.00
Appendix B (Budget Detail Sheet Continued)
B-3
F. OTHER
Portion of value of Bittner pamel acquisition
SUBTOTAL $195,000.00
APPENDIX D
PROGRAM WORK PLAN
Contractor:
Contract Number:
Program Contact Person:
Phone:
Fax:
Town of Southold
C006877
Laura Klahre
631.765.5711
631.765.6640
The Bittner Preserve Improvement Project
I. Project Description:
The Town of Southold (the Contractor), in partnership with Suffolk County, will construct improvements
on the 58-acre Biltner Preserve parcel, located on Long Island Sound between Goldsmith Inlet and Peconic
Dunes County Park. The project will provide new public access to 1,400 linear feet of waterfront, and
protect mature woodland, secondary dune, shmbland, and freshwater pond and wetland habitats. Work
will include removal of existing structures (e.g., house, utility poles and wires, and a portion of the
driveway), ecological restoration (e.g., dune vegetation plantings and eradication of common reed in a
maritime interdunal swale), and construction of public amenities and site improvements (e.g., a parking
area, kiosk, signs, bicycle rack, gate, and nature trails) in line with plans prepared by the Town of
Southold. Local match will be provided in the form of property acquisition.
2. Project Attribution and Number of Copies
The Contractor must ensure that all materials printed, constructe& and/or produced acknowledge the
contributions of the Department of State (Department) 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
with funds provided under Title 11 of the Environmental Protection Fund."
The Contractor must submit to the Depar[ment all required products, clearly labeled with the NYS
Comptroller's Contract # as indicated on the Face Page of this Agreement and where applicable, the related
Task # from this Work Plan. The Contractor shall submit:
Draft products: two paper copies of each product.
Final products: two paper copies of each product, lo addition, all final products (including reports,
designs, maps, drawings, and plans) must be subraitted as au 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 contractor name,
contract #, and project title.
Pictures and photographs must be dated and captioned with the location and a brief description of
thc activity being documented.
D-2
The contributions of the Department must also be acknowledged in community press releases issued for
the project. Project press releases shall be submffied 1o the Department tbr review and approval prior to
release to ensure appropriate attribution.
3. Compliance with Procurement Requirements
The municipal attorney, chief legal officer, or financial administrator for the municipality (Contractor)
shall certit5 to the Departmen! that applicable public bidding procedures of General Municipal Law {}103
were followed fbr all coostruction contracts involving more than $20,000 and more than $10,000 for
purchase contracts. In the case ofconstrnction contracts involving not more than $20,000, purchase
contracts involving not more than $ I 0.000~ and contracts for proti~ssional services, the municipal attorney,
chief legal officer, or financial administrator shall certify that the procedures of the municipality
established pursuant to General M unicipal Law {}104-b were I'ully complied with.
4. Project Components
Task I:
Initial Project Scoping Meeting
The Contractor, the NYS Department of State (Department), 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 ora
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 the Department's 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:
Documentation of l.and Acquisition and Appraisal
The Contractor shall provide the Department with documentation of its acquisition of the Bittner
Preserve parcel and an appraisal of its value.
Products: Proof of Public Ownership and Appraised Value of Land
Task 3:
Review and Approval of Plans, Designs and Permits for Demolition and Site
hnprovements
The Contractor shall provide the Department for review and approval the previously completed
plans and designs for demolition and removal of existing structures and improvements to the site
and copies of permits and SEQRA documentation.
Products:
Previously completed plans and designs fbr Department review and approval.
Copies of permits and SEQRA documentation.
D-3
Task 4: Public Meetiug
In consultation with the Department. a public information meeting shall be conducted to solicit
public input ou the scope and nature of the improvements to the Bittner Preserve.
A written summary of public input obtained ut this meeting shall be prepared and provided to the
Departmeat lbr revicw and comment.
Products: Public information meeting held. Minutes/Smmnary of meeting prepared and
submined to the Department.
Task 5: Demolition Bid Docnments
The Contractor shall prepare demolition bid documents. The demolition bid documents shall be
provided to the Department and the pro. jeer advisory committee for review at least two weeks prior
to the due date for comments. Demolition bid documents are subject to approval by the
Department. These documcnts musl be certified by a licensed professional engineer, liceased
architect, or landscape architect and the appropriate seal must be affixed to these documents.
Products: Demolition bid documents, certified by a licensed professional engineer, licensed
architecl or landscape architect.
Task 6: Bid Process and Selection of Demolition Subcontractor
The Contractor shall distribute bid docuxnents to select a demolition construction subcontractor or
subcontractor(s). The Contractor or its consultant(s) shall select the demolition subcontractor or
subcontractor(s) from the bid respondents and shall prepare a draft contract or contract(s) to
conduct the work with the selected demolition subcontractor(s). The contract(s) shall contain a
detailed work plan with adequate opportunity for review at appropriate stages of project
completion, a payment schedule (payments should be tied to project milestones), and a project
cost. The Contractor taus! certify to the Department that applicable public bidding procedures of
General Municipal Law were lbllowed for the selection of all construction or other subcontractors.
The Contractor shall submit the draft subcontract(s) to the Department for review and approval,
and shall incorporate the Department's comments in the final subcontract(s). A copy of the final,
executed subcontract(s) shall be submitted to the Department.
Products: Executed construction subcontract(s). Written certification of procurement
procedures.
Task 7: Demolition of Existiug Structures
After receipt of all necessary permits, the Contractor or its construction subcontractor(s) may begin
demolition work. The Contractor or its subcontractor(s) shall notify the Department monthly (or
mom frequently) in writing of work progress, including any delays which have occurred.
Products: Written work progress reports. Photo-documentation of demolition.
D-4
Purchase of supplies and materials and complefion of site improvements
The Contractor shall purchase stone blend and landscaping materials necessary for planned
improvements to the site to be tmdertaken hy the Contractor. ]'he Contractor shall notify the
Department monthly (or more fi'equently) in wriling of work progress, including any delays which
have occurred.
The mt nicipal attorney, chief legal officer or financial administrator of the municipality shall
certify in writing to the Department that applicable provisions of General Municipal Law were
fldly complied with relative to the purchase of supplies and materials for improvements to the site.
The Contractor s prom 'ement ccrtification is subject to approval by Department
Products:
Purchase of supplies and materials for site improvements. Written certification of
compliance with procurement requirements. Written work progress reports.
Photo-documentation of site improvements. Completion of site improvements.
Task 9:
Project Completion
The Contractor shall submit a statement that the work has been completed in accordance with the
contract and subcontract(s). Thc completion statement must be prepared and/or certified by a
licensed professional engineer, architect or landscape architect. Unless otherwise specified during
project scoping meeting, thc Contractor shall submit three sets of as-built plans, certified by a
licensed prolkssional engineer, licensed archilect or landscape architect. When the Contractor is
satisfied work is complele, it shall submit a final project report to the Department, including a copy
of the completion statement and a copy of the certified as-built plans, and photo-documentation in
the ibrm of digital images of thc site prior to, during and upon completion of work. The
Contractor shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final
payment reqnest to the Department, until the Department's concurs that the work is complete.
Products:
Statement el'completion, certified as-built plans, and final project report including
pholo-documentafion.
Task I0: Semi-anuual Reporting
The Contractor or its consultant(s) shall submit to the Department semi-annual reports (every six
months) on the form provided, including a description of the work accomplished, any probIems
encountered, and any assistance needed.
Products: Semi-annual reports during the life of the contract.
Task I 1: Final Project SummaD.' Report and Measurable Results forms
The Contractor or its consultant(s) shall work with the Department project manager to complete
the Final Project Summary Report and Measurable Rcsnlts forms. Final payment shall not be
authorized until these forms havc been completed and filed with project deliverables.
Products: Completed Final Project S,slnmary Report and Measurable Results forms.
D-5
6. Project Management Responsibilities
The Contraclor shall administer thc grant, cxecate a contract with the Depart~nent, aud ensure the
completion of work in accordance with the approved Work Plan. Unless otherwise specified in the Project
Description or uuder Project Components, the Contractor and/or its approved consultant(s) or
subcontractor(s) shall conduct all work as described in the compouent tasks.
The Contractor:
will be responsible for conducting all project work in conformance with the Work Plan included in
the executed contract with the Department.
will be responsible for all project activities including drafting request for proposals and managing
subcontracts with consultants and snbconsultm~ts.
will certit~, to the Department that the procurement record for project consultants and
subcontractors complies with the applicable provisions of General Municipal Law.
will receive approval from the Department for any and all cousu[tant subcontracts before
beginning project work.
will be responsible for submissinn of all products and payment requests.
will be responsible for coordinating participalion and soliciting comments from local government
personnel, project volunteers, and the public.
will keep the Departmeut in/brined of all important meetings for the duration of this contract.
will receive approval from the Department before purchase of any equipment.
will secure all necessary permits and perform all required environmental reviews.
will ensure that all materials printed, constructed, and/or produced reflect the Department logo,
feature the Secretary of Stale and the Governor. and acknowledge the contributions of the
Department to the project.
will ensure that all products prepared as a part of this agreement shall include the NYS
Cmnptroller's Contract # as iudicated on the Face Page of this Agreement.
will ensure the project objectives am being achieved.
will ensure that comments received from the Department and the prctject advisory committee, or
other advisory group, are satisfactorily responded to and reflected in subsequent work.
will recognize that payments made to consultants or subcontractors covering work carried out or
products produced prior to receiving approval f?om the Department will not be reimbursed unless
and until the Department finds the work or products to be acceptable.
will participate, if requested by the Department, 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 providc support to community leaders to advance revitalization efforts and
conrplcte priority pr~2jects.
The Department:
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 meeting and attend meetings that are important to the
project.
will review all draft and final products and provide comments as necessary to meet the objectives.
must approve any and all design, site plan, and preconstruction documents before construction
may begin.
, ~ff~l[l~%'~ RESOLUTION 2012-751
k-~,~y~m ADOPTED DOC ID: 8171
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-751 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 9, 2012:
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 a no-cost
extension of time extending the term of Contract #C006877 (Bittner Preserve Improvement
Project) to December 31, 2013, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Krupski Jr., Evans, Russell
ABSENT: Jill Doherty
APPENDIX X
MODIFICATION AGREEMENT FORM
Agency Code: 19000/DOS01
Contract Period: 08/15/09 to 12/31/13
Contract No.: C006877
Funding for Period: $0.00
This is an AGREEMENT between Tile 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: $
No cost time extension
Amendment:
Attached Appendices:
(renewals only)
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.
~CTOR SIGNATURE
By: .__t:~'~.~ .~ By:
(print name)
Title: £ (.~[,.F' ~) ~
Date: / (~ / / '~//0~ Date:
NYS DEPARTMENT OF STATE
(print name)
Title:
State A£encv Certification:'In add't on to the acceptance of thru con0act. I also cerhfy' that original ..... copras of th~s mgnature page will he attached to al
other exact copies of this contract."
State of New York )
County of ~ ~ ~ {t/r< )ss:
Onthis t')h~t_day& O~/~b°--~F- , in the year 20 ~oD, , ~fo~me~rmnallyap~ared
~C~ .~. ~C~e [ [ to me kno~ ~d known to me to ~ the ~n who is the , ~~;~O ~of
~(~ ~ ~ ~ ~,~e organi~tion descried in and which ex~uted ~e a~ve i~s~ment; and ~at h~
h~ the authority to sign on behalf of said org~imtion; ~d that hW~ executed the foregoing agreement for ~d on &half of ~id
org~imtion.
LAUREN M. STANDISH
No~ Puh~t¢, S~e of N~ Yo~
- - - Qualified ~ Su~olk ~un~ --
NOTARY PUBLIC Commission Exp¢,~: A~I 9, 20 ~
ATTORNEY GENERAL'S SIGNATURE:
STATE COMPTROLLER'S SIGNATURE:
By: By:
Date: Date: