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HomeMy WebLinkAboutBittner Preserve Improvement ProjectAPPENDIX X MODIFICATION AGREEMENT FORM Agency Code: 19000/DOS01 Contract No.: C006877 Contract Period: 08/I 5/09 to 12/3 I/13 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 ~ 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 WItEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures.  CTOR SIGNATURE NYS DEPARTMENT OF STATE (print name) Date: IO/l~l¢ Date: t//~ [/~ DIP, lac ~ un ~r (pri*t[matt~ ADMi~IISTRATION State of New York ) Conntyof )ss: I h~t ' Onthis ~ _dayof~.~Z~P-~'~-_,intheyear20 {~ ,beforemepe~nallyap~red -~~ A- ~tA(~'~[,t°meknown~dknowntometobe~e~n wboisthe ~ ~~;~O~of ~(~ ~ ~ ~ ~, the organi~tion descri~ in and which ex~u~ the a~ve i~stmment; and ~at h~ h~ the authori~ to sign on ~half of said org~i~tion; and that he~ execut~ ~e foregoing agreement for ~d on ~half of ~id org~imtion. LAUREN ~. STANDISH NO~ Pub)k:, S~ate ~ N~ ~ .... Oual Tied i~ S~olR ~n~ ~ NOTARY PUBLIC ~mmissi0n [xp[r~z g~ 9, 20~ ATTORNEY GENERAL,S SIGNATURE: STATE COMPTR, By: By: 0ate: Date: DEPT. OF AUDIT & CONTROL NOV 2 0 ~'~ FOR ~E S~ CO~OLt ER NEW YORK STATE - DEPARTMENT OF STATE BUDGET ADJUSTMENT ItORM A Recipient: Town of Southold Contract #: C006877 Budgnt Catesory Changns (circle applicabl© catcgnry(ies): D Reason for Changes (if additional space is necdad, you may al~ach additional sheets): SEE ATTACHED Name of Authorized Recipient Official Title of t~thorizcd Recipient Official E FOR DEPARTMENT OF STATE USE ONLY Signature of Program Representative ~Approved --- Disapproved Date Contract Administration Unit Action: Approved _Disapproved Signature of Program Representative Date 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 $18,000.00 $0.00 $150,000.00 $195,000.00 TOTAL PROJECT COST $390,000.00 Total Slate Funds $195,000.00 Total Local Share $195,000.00 B-2 Appendix B (Budget 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 II $66~894.97 - $68~169.23 $10~136,80 Groundskeeper III $70,907.56 $3~252.20 Maintenance Mechanic III $56,613.02 - $68,539.30 $9,874.45 SUBTOTAL $27,000.00 SUBTOTAL $0.00 C. SUPPLIES/MATERIALS 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) F. OTHER Portion of value of B ittner parcel acquisition B-3 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 1. Project Description: The Town of Southold (the Contractor), in partnership with Suffolk County, will construct impmveraents on the 58-acre Bittner Preserve parcel, located on Long Island Sound between Goldsmith Inlet and Peconic Dunes Count)' Park. The project will provide new public access to 1,400 linear feet of waterfront, and protect mature woodlaod, secondaq, dune, shrubland, and freshwater pond and wetland habitats. Work wilt 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 tine 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, constructed, and/or produced acknowledge the contributions of the Department of State (Depaxtment) 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 Department 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. In addition, all final productS (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 scanmng resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract #, and project rifle. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. D-2 The contributions of the Department must also be aclmowledged in community press releases issued for the project. Project press releases shall be submitted to the Depamnent for 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 certify to the Department that applicable public bidding procedures of General Manicipal Law §103 were followed for all constmclion contracts involving more than $20,000 and more than $10,000 for purchase contracts, lnthe case of construction contracts invoMng 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 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 panners, the selection process for procuring consultant services for the project, State Environmental Quality Review Act (SEQRA) compliance requirements, the number of public meetings and teclmJques for public involvement proposed for the project, and any other information wlfich would assist in project completion. In addition, the composition of a project adviso~ committee shall be discussed during initial project seoping. The Contractor, or a designated project partner, shall prepare and distribute to all project parmers a brief meeting sum clearly indicating fl~e agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to the Department's approval of the proposed approach as outhned in the meeting summary. Products: Scoping meeting with appropriate pa~es. Written meeting snmma~' outlining agreements/understandings reached. Task 2: Documentation of Land Acquisition and Appraisal The Contractor shall provide the Department with documentation of its acquisition of the Bitmer Preserve parcel and an appraisal of its value. Products: Proof of Public Ownerslfip and Appraised Value of Land Task 3: Review and Approval of Plans, Designs and Permits for Demolition and Site Improvements The Contractor shall provide the Department for review and approval the previously completed plans and designs for demolition and removal of existing stmctures and improvements to the site and copies of permits and SEQRA documentation. Products: Previously completed plans and designs for Department review and approval. Copies of permits and SEQRA documentation. D-3 Task 4: Public Meeting In consultation with the Department, a public information meeting sb~ be conducted to solicit public input on the scope and nature of the improvements to the Bittner Preserve. A written summary of public inpnt obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. MinutesdSummmy of meeting prepared and submitted to the Department. Task 5: Demolition Bid Documents The Contractor shall prepare demolition bid documents. The demolition bid documents shall be provided to the Department and the project 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 documents must be eenified by a licensed professional engineer, licensed arohitect, or landscape architect and the appropriate seal must be affixed to these documents~ Products: Demolition bid documents, certified by a licensed professional engineer, licensed arclfitect or landscape architect. Task 6: Bid Process and Selection of Demolition Subcontractor The Contractor slmll distribute bid documents to select a demolition construction subcontractor or subcontractor(s). The Contractor or its consultant(s) shall select the demolition subcontractor or subcontractor(s) from rite 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 oppommily for review at appropriate stages of project completion, a payment schedule (payments should be tied to project milestones), and a project cost. The Contractor must certify to the Depamnent that applicable public bidding procedures of General Municipal Law were followed for the selection of all construction or other subcontractors. The Contractor shall submit the draft subcontract(s) to the Department for review and approval, and sl~l incoiloomte the Department's cmnments 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 Existing Structures After receipt of all necessary permits, the Contractor or its constroction subcontractor(s) may begin demolition work. The Contractor or its subcontractor(s) shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. Products: Written work progress reports. Photo -documentation of demolition. D-4 Task 8: Pumhase of supplies and materials and completion of site improvements The Contractor shall purchase stone blend and landscaping materials necessa~ for planned improvements to thc site to be undertaken by the Contractor. The Contractor shall notify' the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. Tie municipal 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 fully complied with relative to the purchase of supplies and materials for impmve~nents to the site. The Contractor's procurement certification 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). The completion statement must be prepared and/or certified by a licensed professional engineer, arctfitect or landscape architect. Unless otherwise specified during project scoping meeting, the Contractor shall submit three sets of as-built plans, certified by a licensed professional engineer, licensed architect or landscape architect. When the Contractor is satisfied work is complete, 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 form of digital images of the site prior to, during and upon completion of work. The Contractor slmll not pay its consultant(s) or subcontractor(s) in full, and shall not submit a £mal payment request to the Department, until the Department's concum that the work is complete. Products: Statement of completion, certified as-built plans, and final project report including photo-documentation. Task 10: Semi-am~ual 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 problems encountered, and any assistance needed. Products: Semi-annual reports during the life of the contract. Task 11: Final Project Smnmary Report and Measurable Results forms The Contractor or its constfltant(s) st~l work with the Department project manager to complete the Final Project Sumnmry Report and Measurable Rasnlts forms. Final payment sh~l not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Smnmary Report and Measurable Results forms. D-5 6. Project Management Responsibilities The Contractor shall administer the grant, execute a contract with the Depa~nent, and ensure the completion of work in accordance with the approved Work Plan. Unless otherwise specified in the Pmjcct 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 Department. will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and subconsultants. will certify to the Department that the procurement record for project consullants and subcontractors complies with the applicable provisions of General Municipal Law. will receive approval from the Department for any and all consultant subcontracts before beginning project work. will be responsible for submission of all products and payment reqnests~ will be respons~ole for coordinating participation and soliciting comments from local government personnel, project volunteers, and the public. will keep the Department informed of all important meetings for the duration of this contract. will receive approval from the Depamnent 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 State 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 Comptmllegs Contract # as indicated on the Face Page of this Agreement. will ensure the project objectives are being act~eved. will ensure that comments received from the Department and the project adviso~ committee, or other advisor5' group, are satisfactorily responded to and reflected in subsequent work. ;vill recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department fi~rds the work or products to be acceptable. will participate, if requested by the Department, in a training session or sessions focused on de~eloping and implementing revitalization strategies. The purl~se of the training session(s) is to build knowledge and provide support to community leaders to advance revitalization efforts and complete priority projects. The l}epartment: 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 necessa~ to meet the objectives. must approve any and all design, site plan, and precoastmction documents before construction may begin.