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HomeMy WebLinkAboutHashamomuck Pond Watershed Management PlanRESOLUTION 2015-250 ADOPTED IJUC ID: 10631 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-250 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 10, 2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town of Southold and the NYS Department of State, at no additional cost to the ToSupervisor Scott A. Russell to execute a Budget Amendment to Contract #C006880 between the connection with the Hashamomuck Pond Watershed Management Plan Implementa to the approval of the Town Attorney. tion, subject IF Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Louisa P. Evans SECONDER: Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 NYS Department of State CONTRACT NUMBER: C006880 One Commerce Plaza 99 Washington Avenue — Suite 1010 CONTRACT TYPE: Albany, NY 12231 ❑ Multi -Year Agreement ❑ Simplified Renewal Agreement CONTRACTOR SFS PAYEE NAME: ® Fixed Term Agreement TRANSACTION TYPE: SOUTHOLD TOWN OF. ❑ New ❑ Renewal CONTRACTOR DOS INCORPORATED NAME: ® Amendment PROJECT NAME: n/a Hashamomuck Pond Watershed Management ONT CRACTOR IDENTIFICATION NUMBERS: Plan AGENCY IDENTIFIER: ion NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 1 1-6001 939 CFDA NUMBER Federal] Funded Grants Only): (Federally Y): DUNS Number (if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold 54375 State Route 25 ❑ For Profit PO Box 1179 ® Municipality, Code: Southold, NY 1 l 971 ❑ Tribal Nation ❑ Individual ❑ Not -for -Profit CONTRACTOR PAYMENT ADDRESS: ® Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 N Check if same as primary mailing address ❑ Sectarian Entity Contract Number: NCO06880 Page 1 of 2, Master Grant Contract - Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: FROM: 4/l/2009 TO: 3/31/2013 (Multi-year — enter total projectedof nther contract; Fixed Term/Simplified Renet CURRENT CONTRACT PERIOD: current period amount) FROM: 4/1/2009 TO: 3/31/2013 CURRENT: $341,000.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: ® State FROM:ElFederal TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY — CONTRACT PERIOD AND FUNDING AMOUNT• (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑ Attachment A: ® Attachment B: I E C C C ® Attachment C: Work Plan ❑ Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #0006880 Page 2 of 2, Master Cirant Contract - Face Page AMENDED PERIOD AMENDED AMOUNT ❑ A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants 1 B-1 Expenditure Based Budget 1 B-2 Performance Based Budget I B-3 Capital Budget B -1(A) Expenditure Based Budget (Amendment) B -2(A) Performance Based Budget (Amendment) B -3(A) Capital Budget (Amendment) IN WITNESS THEREOF, the the dates below, thsignatures. eir si parties hereto have executed or a C Tpproved this Master Contract on RACTOR: Town of Southold 54375 State Route 25 PO Box 1179 Southold, NY 11971 AV LM Printed Name �` I Title: v /s C) Date: � �. •��, STATE OF NEW YORK STATE AGENCY LN Title: Date: NYS Department of State One Commerce Plaza 99 Washington Avenue —Suite 1010 Albany, NY 12231 Printeded Nee COUNTY OF On the4E!day of I -�S, before me personally � Y appeared ' to me known, who bein ewe resides at g by me duly sworn, did depose and say that h of the that he/si is the descrith,rein which executed the foregoin i thereto as autho ' g instrument; the contractor by the contractor n ent, and that he/sle sued his/Ir� name name on the face page of this Master aster Contract. a►rusrnue +�i JM11 atra"x Quaiia.w in suRa t XMV ATTORNEY GENERAL'S SIGNATt1RE By: STATE COMPTROLLER'S SIGNATURE By: Printed Name Title: Printed Name Date: Title: Date: Contract Number: Page #C006880 1 of 1, Master Grant Contract - Signature page NEW YORK STATE - DEPARTMENT OF STATE CONTRACT MODIFICATION FORM Recipient: Town of Southold Contract ##: C006880 Type of Modification: Budget and/or Work program Modification Budget Category Changes: A. Salaries B. Travel C. Supplies D. Equipment Contractual Other Reason and Justification for changes: RECIPIENT ROVAI,; Signature of Authorized Off Ial Name of Authoz�izedO�Cial FOR DOS USE ONLY: Program Repfesentative Action: Signature of Program Representative Fiscal Representative Action: Signature of Fiscal Representative **See attached** Date O �'�f-%s Tit] f Authorized Of3icial Approved Disapproved Approved Date Date Disapproved Garcia, Laurissa (DOS) From: dos.sm.Cstl.OPDcontracts To: dos.sm.Cstl.OPDcontracts Subject: RE: Town of Southold, Contract # C006880 - amendment Stephanie, The workplan was amended to describe the stormwater practices that were ultimately installed. The original best management practices proposed were altered due to project site size restraints concerning the existing easement areas. Also note that not all of the projects described in the workplan were completed (Bayview), however language regarding work on Bayview was kept in the workplan. Work was not completed on the Bayview, sites because after the contract was awarded, the Town mapped and modelled the watershed and sewersheds that convey storm water to the waterbody with improved accuracy. The mapping and modelling resulted in new information that rendered the remaining BMP's obsolete that were identified in the plan prepared by Horsley and Witten. Note that the Horsley Witten report identified water quality management projects based on conceptual practices and modelled water quality impacts. The workplan will also require a budget amendment. The Town originally planned on doing the construction themselves, and the original budget includes costs associated with heavy equipment usage, waste disposal fees and supplies and materials for the projects. However, the Town decided to hire a subcontractor to do the construction work instead due to limited staff capacity. Costs from the "Other" category have been moved to the "Contractual Services" category. BUDGET COMPARISON SUMMARY Contractor Name Town of Southold Contract Number C006880 Match Percentage 50% Category Current Budget Change +/- Amended Budget A. Salaries $221,536.03 $0.00 $221,536.03 B. Travel $500.00 $0.00 $500:00 C. Supplies $239,776.88 $0.00 $239,776.88 I Equipment $0.00 $0.00 $0.00 :. Contractual $5,000.00 $215,187.09 $220,187.09 Other - $215,187.09 -$215,187.09 $0.00 AL PROJECT COST I $682,000.00 I $0.00 I $682,000.00 State Share $341,000.00 $341,000.00 Local Share $341,000.00 $341,000.00 ATTACHMENT B-1 EXPENDITURE BASED BUDGET (Formerly Appendix B) A. Salaries & Wages (including Fringe Benefits) B. Travel C. Supplies/Materials D. Equipment E. Contractual Services F. Other TOTAL PROJECT COST Total State Funds Total Local Share $221,536.03 $500.00 $239,776.88 $0.00 $220,187.09 $0.00 $682,000.00 $341,000.00 $341,000.00 A. SALARIES & WAGES TITLE ANNUAL AMOUNT SALARY CHARGED TO THIS PR JECT LWRP Coordinator/Planner $89,180.00 $26,987.24 GIS Manager $98,098.00 $26,987.24 Engineer $82,118.00 $50,000.00 Environmental Technician $83,545.00 $15,000.00 Planning Director $123,050.00 $10,000.00 Community Development Director $124,912.00 $12,000.00 Crew Leader 1 $33.64/hr $18,225.80 Heavy Equipment O erator 3 $30.02/hr $37,369.08 Auto Equipment O erator 2 $24.32/hr $22,966.67 Secj2Lag Assistant $64,795.00 $2,000.00 B. TRAVEL Travel to NYS Community Seminar Series training sessions SUBTOTAL $221,536.03 SUBTOTAL $500.00 C. SUPPLIES/MATERIALS Supplies and materials needed for construction and installation of BMP's: Surface materials, such as filter cloth, asphalt, rip rap, concrete, cements, sand, cap block, brick, gravel, stone blend, topsoil, geotextiles ................... $167,616.87 Stormwater infrastructure materials, such as catch basin, drainage ring, concrete traffic bearing slab, cast iron inlet grate & frame, drainage pipe..... $72,160.01 SUBTOTAL $239,776.88 D. EQUIPMENT SUBTOTAL $0.00 E. CONTRACTUAL SERVICES Consultant construction services to install stormwater treatment projects at Laurel Avenue, Long Creek Drive, and at Bayville Avenue. Subcontractor: Terry Contracting F. OTHER SUBTOTAL $220,187.09 SUBTOTAL $0.00 ATTACHMENT C — WORK PLAN (Formerly Appendix D) Contractor: Town of Southold Contract Number: C006880 Program Contact Person: Mark Terry Phone: 613-765-1938 Fax: 613-765-6145 Hashamomuck Pond Watershed Management Plan Implementation 1. Project Description: The NYS Department of Environmental Conservation (NYS DEC) Priority Waterbody List identifies stormwater runoff as the primary source of pathogens entering Hashamomuck Pond. Stormwater remediation is necessary to address water quality impairments, closed shell fishing waters, and threats to Hashamomuck Pond, a designated NYS significant Coastal Fish and Wildlife Habitat located in the Town of Southold, Suffolk County, Long Island. The Town of Southold (Contractor) will implement specific stormwater remediation projects identified as priorities in the "Hashamomuck Pond Watershed Management Plan" to reduce impacts for the purposes of improving water quality, re -opening the shellfishery, and improving recreation opportunities. Best management practices will be constructed: at Laurel Avenue, three precast concrete leaching pools will be installed at the road end which will divert stormwater into a shallow pond area. The road end will be lined with rip rap to minimize erosion if severe weather occurs. ; two locations at Long Creek Drive include, (1) a concrete inlet structure will be installed to replace the old structure, and six leaching basins will be constructed and will be disconnected from the existing outfall pipe, and (2) one catch basin and four concrete leaching pools will be installed;; at Bayview Avenue, a grass channel, sediment forebay, pond restoration, and low -flow office outlet; at Bayview Avenue, adjacent to the boat ramp at the east shoreline of the pond, stormwater capture and filtration to prevent polluted stormwater from entering the pond. These best management practices will be designed and constructed to treat 90% of average annual stormwater runoff volume, and treat constituent pollutants such as fecal coliform, total nitrogen, total phosphorus, total suspended solids, metals and hydrocarbons. 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 to the project. The materials must include the following acknowledgment: "This (document, report, map, eta) 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 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 the activity being documented. The contributions of the Department must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Department 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 of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with (Appendix A 1-XXI). 4. Training A required component of the Title 11 Environmental Protection Fund program is Contractor participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix Al -I). The purpose of these training sessions is to build knowledge and provide support to community leaders to advance revitalization efforts and advance grant priorities. The specific training session(s) to be attended will be determined during the initial project scoping meeting. 5. Project Components Task 1: Initial Project Scoping Meeting The Contractor, the 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 consultants, State Environmental Quality Review Act (SEQRA) compliance requirements, the number of public meetings and techniques for public involvement. proposed for the project, attendance at NYS Community Seminar Series training sessions, 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 meeting. 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 Department 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: Community Training The Contractor will participate in the Community Training Program as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders, including representatives of State and municipal agencies with jurisdiction over project activities or the project area, and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department 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. Task 4: Request for Proposals The Contractor shall draft a Request for Proposals (RFP) including a complete project description with site conditions, expected final results, a schedule for completion, and criteria for selecting a preferred proposal. The Contractor shall submit the RFP to the Department for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 5: Consultant Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor and an appropriate review committee shall review all proposals received as a result of the RFP. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents, and for supervision of construction, a licensed 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 Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by the Department. Products: Consultant(s) selected and approved by the Department. Written certification of procurement procedures. Task 6: Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility/expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the 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: Draft and final, executed consultant subcontracts. Task 7: Second Project Scoping Meeting In consultation with the Department, the Contractor shall hold a second project scoping meeting with the consultant(s), and other project partners as appropriate, to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s) which would assist in completion of the project. The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department 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 8: Site Reconnaissance and Schematic Designs for BMPs at site H5, Laurel Avenue; H7, Long Creek Drive; H9, Bayview Avenue; H 14, and H 18 Bayview Avenue boat ramp BMPs. A. Site Reconnaissance The Contractor or its consultant(s) shall conduct site-specific reconnaissance, in preparation for design. Work shall include, at a minimum, identification and mapping of the following: • Site survey showing extent of project boundary • Ownership/grant/lease status of all lands to be incorporated into the design • Manmade structures, buildings, or facilities on or adjacent to the site • Above and below ground infrastructure • Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian bicycle, etc.) that serve or are located near the site • Adjacent land and water uses • Historic and archeological resources • Soil and, as appropriate, core sampling to determine site stability • Topography and hydrology • Natural resources, including location of mature trees • View corridors • Zoning and other applicable designations • Analysis of site constraints, needs and opportunities Products: Map(s) and written summary describing the above information and any other appropriate information identified during project scoping. B. Schematic Designs The Contractor or its consultant(s) shall prepare schematic designs of the facility or facilities, considering and including a summary of the following: Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in -water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide Significance, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. Products: Schematic designs submitted to the Department for review and approval. Task 9: Public Meeting In consultation with the Department, a public information meeting shall be conducted to solicit public input on a schematic designs. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes/Summary of meeting prepared and submitted to the Department. Task 10: Construction Requirement Analysis The Contractor or its consultant(s) shall prepare an analysis of all federal, state and local requirements for the design, including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre - permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work on final design shall not proceed prior to Department approval of the construction requirement analysis and the pre -permitting meeting, if necessary. Products: Written construction requirement analysis. Pre -permitting meeting with identified entities. Task 11: 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. Task 12: Draft Final Designs The Contractor or its consultant(s) shall prepare draft final designs. The draft final designs shall include all required maps, tables, data, written discussions, and other information identified in the contract and subcontract work plans and during project scoping. The draft final design shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Department comments must be addressed to the satisfaction of the Department in subsequent revisions of the products and the final design. Products: Draft final design and supporting materials. Task 13: Final Design and Construction Documents The Contractor or its consultant(s) shall prepare the final design and construction drawings, plans, specifications, and cost estimates. The final design and construction documents shall be provided to the Department and the project advisory committee for or comments. review at least two weeks prior to the due date f Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents, certified by a licensed professional engineer, architect or landscape architect. Task 14: Permits After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and obtain the required permits or approvals. A pre -application meeting with the Department and the appropriate federal, state and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing, the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: federal agencies such as the United States Army Corps of Engineers; the Department, pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation; the Office of General Services pursuant to the Public Lands Law, or similar authorization from the Power Authority (in certain areas of the St. Lawrence Seaway) or Canal Authority (in the State Canal System), in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and agencies of a county, city, town, village, or special purpose district, including but not limited to: town boards, boards of trustees, or city councils; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor or its consultant(s) shall also demonstrate that the Project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 16: Construction of BMPs at sites H-5, Laurel Avenue (three precast concrete leaching pools rip rap road end); H-7, Long Creek Drive (1) a concrete inlet structure, six leaching basins 2) one catch basin and four concrete leaching pools); H9, Bayview Avenue (grass channel, sediment forebay, pond restoration, low - flow orfice outlet); and H 18 Bayview Avenue boat ramp BMPs. After receipt of all necessary permits, the Contractor may begin construction work according to the final design and construction documents. The Contractor shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic Payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during project scoping. After 70% of the work is completed, the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. Products: Written work progress reports. Punch list and construction completion estimates. Task 17: Site Inspections The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections and photo documentation. The Contractor or its consultant(s) shall submit to the Department written summaries of progress and identification of problems to be addressed based on periodic site inspections. Products: Periodic site visits. Written summary of progress with photo- documentation and identification of any problems that need to be addressed. Task 18: Project Completion Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s), the final design and construction specifications, and all permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall submit three sets of as -built plans, certified by a licensed professional engineer, 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 shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as -built plans, and final project report including photo -documentation. Task 19: Semi-annual 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 20: Final Project Summary 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 Results forms. Final Payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms. 6. Project Management Responsibilities The Contractor shall administer the grant, execute a contract with Department, 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 Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify 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 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 Department informed 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 Division of Coastal Resources 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 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 Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractorscovering work carried out or products produced prior to receiving approval from 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 provide support to community leaders to advance revitalization efforts and complete priority projects. 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 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. Krauza, From: Cushman, John Sent: Tuesday, March 24, 2015 2:40 PM To: Krauza, Lynne Subject: FW: Southold (T) C006880 Hashamomuck Pond Watershed Management Plan Implementation Attachments: UnexecutedAmend_2015_C006880.pdf RECEIVED FYI From dos.sm.Cstl.OPDcontracts[mailto.dosOPDcontracts dos ] nv aov Sent: Tuesday, March 24, 2015 2.24 PM Southold Town Clerk _. To: Russell, Scott; Cushman, John; Terry, Mark Cc: Ethier, Jaime (DOS) Subject: Southold (T) C006880 Hashamomuck Pond Watershed Management Plan Implementation Thank you for signing and returning the forms to amend the above cited contract. Unfortunately, the supervisor did not sign the modification form signature pages. Before I can process this amendment, I will need you to print out three new signature pages, have them signed and dated by the supervisor and notarized. Also, please print out three new modification form signature pages and have the supervisor sign and date them. Please return them to me by regular mail. Let me know if you have any questions. Thank you. Tara Riley Clerk ll, Office of Planning & Development NYS Department of State One Commerce Plaza 99 Washington Avenue Suite 1010 Albany, NY 12231 518-486-9569 1 RESOLUTION_ 2015 250 ADOPTED DOC ID: 10631 THIS IS TO CERTIFY THAT THE FOLLOWING ADOPTED AT THE REGULAR MEETING OF SOLUTION N0.2015-250 AS W MARCH 10, 2015: HE SOUTHOLD TOWN BOARD ON RESOLVED that the To wn Board of the Town of Southold hereby authorizes and d• rects Supervisor Scott t Russell to execute a Bud Town of Southold get amendment to Contract #C006880 between connection with the Hashe NYS Department of State, at no additional cost to amomuck Pond Watershed Management Plan Im 1 the to the approval of the To the Town, in wn Attorney. p ementation, subject %ao2P �# Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS MOVER: William P. Ruland, Louisa P. Evans SECONDER: Robert Ghosio, Co AYES: Ghosio, uncilman Dinizio Jr, Roland, Doherty, Evans, Russell STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: NYS Department of State One Commerce Plaza 99 Washington Avenue — Suite 1010 Albany, NY 12231 CONTRACTOR SFS PAYEE NAME: SOUTHOLD TOWN OF. CONTRAtTOR DOS INCORPORATED NAME: n/a CONTRACTOR IDENTIFICATION NUMBERS: NYS VENDOR 1D Number: Federal Tax ID Number: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C006880 CONTRACT TYPE: ❑ Multi -Year Agreement ❑ Simplified Renewal Agreement ® Fixed Tenn Agreement TRANSACTION TYPE: ❑ New ❑ Renewal Z Amendment PROJECT NAME: Hashamomuck Pond Watershed Management Plan Implementation AGENCY IDENTIFIER: 10000008761 n/a 1 1-6001 939 CFDA NUMBER (Federally FundedGrants Only): DUNS Number (if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold 54375 State Route 25 PO Box 1179 Southold, NY 11971 CONTRACTOR PAYMENT ADDRESS: ® Check if same as primary mailing address CONTRACTOR MAILING ADDRESS ® Check if same as primary mailing address Contract Number: #C006880 Page l of 2. Master Grant Contract - Face Page ❑ For Profit ® Municipality, Code: ❑ Tribal Nation ❑ Individual ❑ Not -for -Profit Charities Registration Number: Exemption Status/Code: ❑ Sectarian n/a 3A/02 STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: FROM: 4/1/2009 TO: 3/31 /2013 (Multi year —enter total projected amount of the contract; Fixed Term/Simplified Renewal — enter CURRENT CONTRACT PERIOD: current period amount) FROM: 4/1/2009 TO: 3/31/2013 CURRENT: $341,000.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: ® State FROM: TO: ❑ Federal ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY — CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT 1 AMENDED PERIOD AMENDED AMO 2 3 4 S ATTACHMENTS PART OF THIS AGREEMENT: ❑ Attachment A: ® Attachment B: ® Attachment C: Work Plan ❑ Attachment D: Payment and Reporting Schedule 11Other: Contract Number: #0006880 Page 2 of 2, Master Grant Contract - Face Page UNT ❑ A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants ❑ B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ® B -1(A) Expenditure Based Budget (Amendment) ❑ B -2(A) Performance Based Budget (Amendment) ❑ B -3(A) Capital Budget (Amendment) IN WITNESS THEREOF, the parties hereto have executed or approved this Master Contract on the dates below their signatures. CONTRACTOR. Town of Southold 54375 State Route 25 PO Box 1179 Southold, NY 11971— O PSi STATE AGENCY: Title: Title: Date: Date: STATE OF NEW YORK NYS Department of State One Commerce Plaza 99 Washington Avenue — Suite 1010 Albany, NY 12231 Printed Name I COUNTY OF©i K IL C� On the LOLI day of a2( , before me personally appeared to me known, who being by me duly depose and say that he/she resides at sworn, did that he/sin is the �"� i S•o r' of the descri the contractor herein which executed the foregoing instrument; and that he/she signed his/1w name thereto as authorized by the contractor name on the face page of this Master Contract. (Notary) r� LAUREN M. ISH Notary Public, State of N w York r�. No. 01 ST6164008 Qualified in Suffolk County ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE By: By: Printed Name Title: Title: Date: Date: Contract Number: #C006880 Page 1 of 1, Master Grant Contract - Signature Page Printed Name Recipient: Contract #: Type of Modification: Budget Category Changes: NEW YORK STATE - DEPARTMENT OF STATE CONTRACT MODIFICATION FORM Town of Southold C006880 Budget and/or Work Program Modification A. Salaries B. Travel C. Supplies D. Equipment Contractual Other Reason and Justification for changes: RECIPIENT APPROVAL: Signature of Authorized Official Cry �( f / / .� Name of Authonz Ofiicia FOR DOS USE ONLY: Program Representative Action: Signature of Program Representative Fiscal Representative Action: Signature of Fiscal Representative **See attached** Date '�J�ode of Authorized Official Approved Approved Disapproved Date Disapproved I Date Laurissa From: dos.sm.Cstl.OPDcontracts To: Subject: dos.sm.CstI.OPDcontracts RE: Town of Southold, Contract # C006880 - amendment Stephanie, The workplan was amended to describe the stormwater practices that were ultimately installed. The original best management practices proposed were altered due to project site size restraints concerning the existing easement areas. Also note that not all of the projects described in the workplan were completed (Bayview), however language regarding work on Bayview was kept in the workplan. Work was not completed on the Bayview sites because after the contract was awarded, the Town mapped and modelled the watershed and sewersheds that convey storm water to the waterbody with improved accuracy. The mapping and modelling resulted in new information that rendered the remaining BMP's obsolete that were identified in the plan prepared by Horsley and Witten. Note that the Horsley Witten report Identified water quality management projects based on conceptual practices and modelled water quality ty The workplan will also require a budget amendment. The Town originally planned on doing the construction themselves, and the original budget includes costs associated with heavy equipment usage, waste disposal fees and supplies and materials for the projects. However, the Town decided to hire a subcontractor to do the construction work instead due to limited staff capacity. Costs from the "Other" category have been moved to the "Contractual Services" category. BUDGET COMPARISON SUMMARY Contractor Name Town of Southold Contract Number C006880 Match Percentage 50% Category Current Budget Change +/- g Amended Budget A. Salaries $221,536.03 $0.00 $221,536.03 B. Travel $500.00 $0.00 $500:00 C. Supplies $239,776.88 $0.00 $239,776.88 D. Equipment $0.00 $0.00 $0.00 E. Contractual $5,000.00 $215,187.09 $220,187.09 F. Other W $215,187.09 -$215,187.09 $0.00 AL PROJECT COST $682,000.00 $0.00 $682,000.00 'otal State Share $341,000.00 $341,000.00 otal Local Share $341,000.00 $341,000.00 ATTACHMENT B-1 EXPENDITURE BASED BUDGET (Formerly Appendix B) A. Salaries & Wages (including Fringe Benefits) $221,536.03 B. Travel C. Supplies/Materials $500.00 D. Equipment $239,776.88 E. Contractual Services $0.00 F. Other $220,187.09 $0.00 TOTAL PROJECT COST $682,000.00 Total State Funds Total Local Share $34.1,000.00 $341,000.00 B. TRAVEL Travel to NYS Community Seminar Series training sessions SUBTOTAL $221,536.03 SUBTOTAL $500.00 C. SUPPLIES/MATERIALS Supplies and materials needed for construction and installation of BMP's: Surface materials, such as filter cloth, asphalt, rip rap,concrete, cements, sand, cap block, brick, gravel, stone blend, topsoil, geotextiles ................... $167,616.87 Stormwater infrastructure materials, such as catch basin, drainage ring, concrete traffic bearing slab, cast iron inlet grate & frame, drainage pipe..... $72,160.011 SUBTOTAL $239,776.88 D. EQUIPMENT SUBTOTAL $0.00 E. CONTRACTUAL SERVICES Consultant construction services to install stormwater treatment projects at Laurel Avenue, Long Creek Drive, and at Bayville Avenue. Subcontractor: Terry Contracting F. OTHER SUBTOTAL $220,187.09 SUBTOTAL $0.00 ATTACHMENT C — WOR{ PLAN (Formerly Appendix D) Contractor: Town of Southold Contract Number: C006880 Program Contact Person: Mark Terry Phone: 613-765-1938 Fax: 613-765-6145 Hashamomuck Pond Watershed Management Plan Implementation 1• Project Description: The NYS Department of Environmental Conservation (NyS DEC) Priority Waterbody List identifies stormwater runoff as the primary source of pathogens entenng Hashamomuck Pond. Stonnwater remediation is necessary to address water quality waters, and threats to Hashamomuck Pond, a designated NYS ssiignif cant Coastal Fishents, closed land hag Wildlife Habitat located in the Town of Southold, Suffolk County, Long Island. The Town of Southold (Contractor) will implement specific stormwater remediation projects identified as priorities in the "Hashamomuck Pond Watershed Management Plan , to reduce impacts for the purposes of improving water quality, re -opening the shellfishery, and improving recreation opportunities. Best management practices will be constructed: at Laurel Avenue, three precast concrete leaching pools will be installed at the road end which will divert stormwater into a shallow pond area. The road end will be lined with rip rap to minimize erosion if severe weather occurs. ; two locations at Long Creek Drive include, (1) a concrete inlet structure will be installed to replace the old structure, and six leaching basins will be constructed and will be disconnected from the existing outfall pipe, and (2) one catch basin and four concrete leaching Pools will be installed;; at Bayview Avenue, a grass and low -flow office outlet; at Bayview Avenue,, adjacent to Ithe boat ramp at the east shoreline of y, pond restoration, the pond, stormwater capture and filtration to prevent polluted stormwater from entering the pond. These best management practices will be designed and constructed to treat 90% of average annual stormwater runoff volume, and treat constituent pollutants such as fecal coliform, total nitrogen, total phosphorus, total suspended solids, metals and hydrocarbons. Z• Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Department to the project. The materials must include the following g "This (document, report, map, etc.) was prepared for the New York State Department ofState 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 flus 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 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 description of the activity being documentedtton� with the location and a brief The contributions of the Department must also be acknowledged in comm issued for the project. Project press releases shall be submitted to the Department for revress iew and approval prior to release to ensure appropriate attribution. 3• Compliance with Procurement Requirements The municipal attorney, chief legal officer or financial administrator of the municipalishall certify in writing to the Department that applicable provisions of General Muty fully complied with (Appendix A 1-=). nicipal Law were 4• Training A required component of the Title 11 Environmental Protection Fund program is Contractor Participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix A 1-I). The knowledge and provide support to community leaders to advance rse of these evitalizati sessions is to rt build advance grant priorities. The specific training session(s) to be attended will be determined during the initial project scoping meeting. 5• Project Components Task 1: Initial Project Scoping Meeting The Contractor, the 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 consultants, State Environmental Quality Review Act (SEQRA) compliance requirements, public meetings and techniques for public involvement proposed for the rojecut, of attendance at NYS Community Seminar Series training sessions, 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 meeting. 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 Department approval of the proposed approach as outlined in the meeting summ Products: �� Scoping meeting with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Community Training The Contractor will participate in the above. Community Training program as stated in Section 4 Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: Project Advisory Committee The Contractor shall establish a project advisory applicable. The committee shall committee to oversee all aspects of the Project in cooperation with municipal officials and the project consultant(s), if be representative of project stakeholders, including representatives of State and municipal agencies with jurisdiction over project activities or the project area, and non-governmental and community based organizations. A draft list Of proposed members shall be circulated to the Department for review and approval to establishment of the committee. prior Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 4: Request for Proposals The Contractor shall draft a Request for Proposals (RFP) including a complete project description with site conditions, expected final results, a schedule for completion, and criteria for selecting a preferred proposal. The Contractor shall submit the RFP to the Department for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 5: Consultant Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor and an appropriate review committee shall review all proposals received as a result of the RFP. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents, and for supervision of construction, a licensed 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 Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by the Department. Products: Consultant(s) selected and approved by the Department. Written certification of procurement procedures. Task 6: Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility/expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the 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: Draft and final, executed consultant subcontracts. Task 7: Second Project Scoping Meeting In consultation with the Department, the Contractor shall hold a second project scoping meeting with the consultant(s), and other project partners as appropriate, to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s) which would assist in completion of the project. The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department 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 8: Site Reconnaissance and Schematic Designs for BMPs at site H5, Laurel Avenue; H7, Long Creek Drive; H9, Bayview Avenue; H 14, and H 18 Bayview Avenue boat ramp BMPs. A. Site Reconnaissance The Contractor or its consultant(s) shall conduct site-specific reconnaissance, in Preparation for design. Work shall include, at a minimum, identification and mapping of the following: • Site survey showing extent of project boundary • Ownership/grant/lease status of all lands to be incorporated into the design • Manmade structures, buildings, or facilities on or adjacent to the site • Above and below ground infrastructure • Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian bicycle, etc.) that serve or are located near the site • Adjacent land and water uses • Historic and archeological resources • Soil and, as appropriate, core sampling to determine site stability • Topography and hydrology • Natural resources, including location of mature trees • View corridors • Zoning and other applicable designations • Analysis of site constraints, needs and opportunities Products: Map(s) and written summary describing the above information and any other appropriate information identified during project scoping. B. Schematic Designs The Contractor or its consultant(s) shall prepare schematic designs of the facility or facilities, considering and including a summary of the following: Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in -water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide Significance, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. Products: Schematic designs submitted to the Department for review and approval. Task 9: Public Meeting In consultation with the Department, a public information meeting shall be conducted to solicit public input on a schematic designs. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes/Summary of meeting prepared and submitted to the Department. Task 10: Construction Requirement Analysis The Contractor or its consultant(s) shall prepare an analysis of all federal, state and local requirements for the design, including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A Pre. permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work on final design shall not proceed prior to Department approval of the construction requirement analysis and the pre -permitting meeting, if necessary. Products: Written construction requirement analysis. Pre -permitting meeting with identified entities. Task 11: 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. Task 12: Draft Final Designs The Contractor or its consultant(s) shall prepare draft final designs. The draft final designs shall include all required maps, tables, data, written discussions, and other information identified in the contract and subcontract work lans scoping. The draft final design pand during project shall be provided to the Department and the project advisory committee for review at least two weeks Department comments prior to the due date for comments. must be addressed to the satisfaction of the Department in subsequent revisions of the products and the final design. Products: Draft final design and supporting materials. Task 13: Final Design and Construction Documents The Contractor or its consultant(s) shall prepare the final design and construction drawings, plans, specifications, and cost estimates. The final design and construction documents shall be provided to the Department and the project advisory comm itte review at least two weeks prior to the due date for comments. e for Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents, certified by a licensed professional engineer, architect or landscape architect. Task 14: Permits After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and obtain the required permits or approvals. A pre -application meeting with the Department and the appropriate federal, state and local regulato authorities may be required to discuss the necessary permit or other approval ry applications. Prior to filing, the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; ' the Department, pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental • Conservation; the Office of General Services pursuant to the Public Lands Law, or similar authorization from the Power Authority (in certain areas of the St. Lawrence Seaway) or Canal Authority (in the State Canal System), in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks; Recreation, and Historic Preservation or the State Historic Preservation Officer; and • agencies of a county, city, town, village, or special not limited to: town boards, boards of trustees, or city c�Oan i se is pl taming including but commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor or its consultant(s) shall also demonstrate that the Project is in compliance with 6 NYCRR Part 502, Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to Department upon receipt. Products: Task 16: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Construction of BMPs at sites H-5, Laurel Avenue (three precast concrete leaching pools rip rap road end); H-7, Long Creek Drive (1) a concrete inlet structure, six leaching basins 2) one catch basin and four concrete leaching pools); H9, Bayview Avenue (grass channel, sediment foreba flow orfice outlet); and H18 Bayview Avenue boat ramp BMps storation, low - After receipt of all necessary permits, the Contractor may begin construction work according to the final design and construction documents. The Contractor shall not the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic Payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during project scoping. After 70% of the work is completed, the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. Products: Written work progress reports. Punch list and construction completion estimates. Task 17: Site Inspections The Contractor, its consultant(s), and/or the Department shall verify progress and C ompletion of the work through periodic site inspections and photo documentation. The Contractor or its consultant(s) shall submit to the Department written summaries of Progress and identification of problems to be addressed based on periodic site inspections. Products: Periodic site visits- Written summary of progress with photo- documentation and identification Of an addressed. Y problems that need to be Task 18: Project Completion Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s), the final design and construction specifications, and alI permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall submit three sets of as -built plans, certified by a licensed professional engineer, 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 shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as -built plans, and final project report including photo -documentation. Task 19: Semi-annual 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 20: Final Project Summary 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 Results forms. Final Payment shall not be authorized until these forms have been completed and filed with project deliverables. 6. Products: Completed Final Project Summary Report and Measurable Results forms. Project Management Responsibilities The Contractor shall administer the execute a completion of work in accordance with the approv d Workcplan UDnless othe the Project Description or under Project Components, the Con pent, and ensure the consultant(s) or subcontractor(s) shall conduct all work as described in otherwise specified in Contractor and/or its approved 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 sub consultants. will certify 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 Pnent for any and all consultant subcontracts before beginning project work. will be responsible for submission of all products and a ' will be responsible for coordinating payment requests. government personnel, project volunteers, and the and ubliciciting comments from local will keepthe Department partment informed of all importan contract. t meetings for the duration of this ' will receive approval from the Departmentapproval before purchase of any equipment. •necessary permits and Perform all required environmental reviews. will ensure that all materials printed, constructed, and/or produced reflect the Division of Coastal Resources logo, feature the Secretary of acknowledge the contributions of the Department to the and cGovernor, and • t. 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 Departmentand the project advisory actorily responded to and reflected in committee, or other advisory group, are satisf subsequent work. ' will recognize thata P yments made to consultants or subcontractors covering work carried out or products produced prior to receiving app rov reimbursed unless and until al from the Department will not be 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 p session(s) is to build knowledge and provide support to communiurpose of the training ty leaders to advance revitalization efforts and complete priority projects. The Department: will review and approve or disapprove of subcontracts between the Contrac consultants) and any other subcontractor(s). tor and • will participate in initial project scoping and attend meetings that are important to the project. will review all draft and final products objectives. and provide comments as necessary to meet the must approve any and all design, site plan, and preconstruction documents before construction may begin. STATE OF NEW YORK MASTER CONTRACT FOR GRANTS This State of New York Master Contract for Grants (Master Contract) is hereby made by and between the State of New York acting by and through the applicable State Agency (State) and the public or private entit (Contractor) identified on the face page hereof (Face Page). Y WITNESSETH: WHEREAS, the State has the authority to regulate and provide funding for the establishment and operation of program services, design or the execution and performance of construction projects, as applicable and desires to contract with skilled parties possessing the necessary resources to provide such services or work, as applicable; and WHEREAS, the Contractor is ready, willing and able to provide such program services or the execution and performance of construction projects and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services or work, as applicable, re uired pursuant to the terms of the Master Contract; q NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein, the State and the Contractor agree as follows: STANDARD TERMS AND CONDITIONS I. GENERAL PROVISIONS A. Executory Clause: In accordance with Section 41 of the State Finance Law, the State shall have no liability under the Master Contract to the Contractor, or to anyone else, beyond funds appropriated and available for the Master Contract. B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the Master Contract is with the State University of New York (SUNY) or City University of New York (LUNY), Section 355 or Section 6218 of the Education Law), if the Master Contract exceeds $50,000 (or $85,000 for contracts let by the Office of General Services, or the minimum thresholds agreed to by the Office of the State Comptroller (OSC) for certain SUNY and CUNY contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount including, but not limited to, changes in amount, consideration, scope or contract term identified on the Face Page (Contract Term), it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the New York Attorney General Contract Approval Unit (AG) and OSC. If, by the Master Contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the AG and OSC. Budget Changes: An amendment that would result in a transfer of funds among program activities or budget cost categories that does not affect the amount, consideration, scope or other terms of such contract may be subject to the approval of the AG and OSC where the amount of such modification is, as a portion of the total value of the contract, equal to or greater than ten percent for contracts of less than five million dollars, or five percent for contracts of ore than Contract Number: / Page I of 25, Master Contract for Grants - Standard Terms and Conditions f ' 0 u Y-41 C r n`�`l "� five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-2 t, Attachment B, Attachment C and Attachment D 4. The Face Page 5. Attachment A-22, Attachment B, Attachment C and Attachment D 6. Modification to Attachment A-1 7. Attachment A-1 8. Other attachments, including, but not limited to, the request for proposal or program application D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as "Contract Funding Amount" on the Face Page or as subsequently revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget). E. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws, rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating certificate for facilities or licenses for an activity or program. F. Modifications: To modify the Attachments or Face Page, the parties mutually agree to record, in writing, the terms of such modification and to revise or complete the Face Page and all the appropriate attachments in conjunction therewith. In addition, to the extent that such modification meets the criteria set forth in Section I.B herein, it shall be subject to the approval of the AG and To the extent that the modifications to Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract, the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). 2 To the extent that the terms of Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract, the federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). Contract Number: # Page 2 of 25, Master Contract for Grants - Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New Y except where the Federal Supremacy Clause requires otherwise. ork H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective onl to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining Provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective Provision for the purpose of carrying out such intent. If an y provision is heldunenforceable with respect to particular circumstances, it shall nevertheless remain noidfull tfo cle anor d effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: I. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-1 (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-1 (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number: # Page 3 of 25, Master Contract for Grants - Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15) calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. IC. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Posl Service as refused or undeliverable. Contractor must promptly notiftay the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set -Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off: These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary shall exercise its set-off rights in accordance with normal State practices ies includintive g, in of set- off pursuant to an audit, the finalization of such audit by the Stat OSC. e Agency, its representatives, or M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non -Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments ficates of without the State's prior written consent unless the Master Contract concerns Certi Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under Contract Number: # Page 4 of 25, Master Contract for Grants - Standard Terms and Conditions the Master Contract. The term "litigation" shall include commencing or threatening to commence a lawsuit, joining or threatening to join as a party to ongoing litigation, or requesting any relief from any of the State of New York, the State Agency, or any county, or other local government entity. The term "regulatory action" shall include commencing or threatening to commence a regulatory proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency, or any county, or other local government entity. P. No Arbitration: Disputes involving the Master Contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. Q. Secular Purpose: Services performed pursuant to the Master Contract are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. R. Partisan Political Activity and Lobbying: Funds provided pursuant to the Master Contract shall not be used for any partisan political activity, or for activities that attempt to influence legislation or election or defeat of any candidate for public office. S. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if itsrinci place of business is located in a country, nation, province, state, or political subdivision that penalizes New York State vendors, and if the goods or services it offers shall be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that it be denied contracts which it would otherwise obtain .3 T. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to prevent, detect, and report fraud, waste and abuse of public funds, including information about the Federal False Claims Act, the New York State False Claims Act, and whistleblower protections. U. Non -Collusive Bidding: By submission of this bid, the Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief that its bid was arrived at independently and without collusion aimed at restricting competition. The Contractor further affirms that, at the time the Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non -collusive binding certification on the Contractor's behalf. V. Federally Funded Grants: All of the Specific federal requirements that are applicable to the Master Contract are identified in Attachment A-2 (Federally Funded Grants) hereto. To the extent that the Master Contract is funded in whole or part with federal funds, (i) the provisions of the Master Contract that conflict with federal rules, federal regulations, or federal program specific requirements shall not apply and (ii) the Contractor agrees to comply with all applicable federal 3As of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska Hawaii, Louisiana, South Carolina, West Virginia and Wyoming. Contact NYS Department of Economic Development for the most current list of jurisdictions subject to this provision. aii, Contract Number: # Page 5 of 25, Master Contract for Grants - Standard Terms and Conditions rules, regulations and program specific requirements including, but not limited to, thoserovisions that are set forth in Attachment A-2 (Federally Funded Grants) hereto. p II. TERM, TERMINATION AND SUSPENSION A. Term: The term of the Master Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: 1. General Renewal: The Master Contract may consist of successive periods on the same terms and conditions, as specified within the Master Contract (a "Simplified Renewal Contract"). Each additional or superseding period shall be on the forms specified by the State and shall be incorporated in the Master Contract. 2. Renewal Notice to Not for -Profit Contractors: a) Pursuant to State Finance Law §179-t if the ' Master Contract is with a not-for-profit State's intent to renew or not to renew the Master Contract no later than ninety (90Contractor and provides for a renewal option, the State shall notify the Contractor of the calend) ar days prior to the end of the term of the Master Contract, unless funding for the renewal is contingent upon enactment of an appropriation. If funding for the renewal is contingent upon enactment of an appropriation, the State shall notify the Contractor of the State's intent to renew or not to renew the Master Contract the later of. (1) ninety (90) calendar days prior to the end of the term of the Master Contract, and (2) thirty (30) calendar days after the necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the State is unable to comply with the time frames set forth in this paragraph due to unusual circumstances beyond the control of the State ("Unusual Circumstances"), no payment of interest shall be due to the not-for-profit Contractor. For purposes of te Finance Law §179-t, "Unusual Circumstances" shall not mean the fSta ailure by the State to (i) plan for implementation of a program, (ii) assign sufficient staff resources to implement a program, (iii) establish a schedule for the implementation of a program or (iv) anticipate any other oreseeable circumstance. b) Notification to the not-for-profit Contractor of the State's intent to not renew the Master Contract must be in writing in the form of a letter, with the reason(s) for the non -renewal included. If the State does not provide notice to the not-for-profit Contractor of its intent not to renew the Master Contract as required in this Section and State Finance Law § 179-t, the Master Contract shall be deemed continued until the date the State provides the necessary notice to the Contractor, in accordance with State Finance Law § 179-t. Expenses incurred by the not-for-profit Contractor during such extension shall be reimbursable under the terms of the Master Contract. Contract Number: # Page 6 of 25, Master Contract for Grants - Standard Terms and Conditions C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract maybe terminated at any time upon mutual writt consent of the State and the Contractor. en b) Cause: The State may terminate the Master Contract immediately, upon written notice termination to the Contractor, if the Contractor fails to comply with anof conditions of the Master Contract and/or with any laws, rules, regulations, Policies, ao Procedures that are applicable to the Master Contract. C) Non-Resno_ ns� ibilit_v: In accordance with the provisions of Sections IV herein, the State may make a final determination that the Contractor is non -res ons' (7) (Determination of Non -Responsibility). In such event, the State may terminate the Master Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d) Conve ce: The State may terminate the Master Contract in its sole discretion u on thirty (30) calendar days prior written notice. P e) Lack of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. fl Force Maieure• The State may terminate or suspend its performance under the Master Contract immediately upon the occurrence of a "force majeure." For purposes of the Master Contract, "Force majeure" shall include, but not be limited to, natural di, rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances ad acts sasters, war beyond the control of the State which render the performance of its obligations impossible. n 2. Notice of Termination: a) Service of notice: Written notice of termination shall be sent by: (i) personal messenger service; or Contract Number: # Page 7 of 25, Master Contract for Grants - Standard Terms and Conditions (ii) certified mail, return receipt requested and first class mail. b) Effective date of termination: The effective date of the termination shall be the later of (i) the date indicated in the notice and (ii) the date the notice is received by the Contractor, and shall be established as follows: (i) if the notice is delivered by hand, the date of receipt shall be established by the receipt given to the Contractor or by affidavit of the individual making such hand delivery attesting to the date of delivery; or (ii) if the notice is delivered by registered or certified mail, by the receipt returned from the United States Postal Service, or if no receipt is returned, five (5) business days from the date of mailing of the first class letter, postage prepaid, in a depository under the care and control of the United States Postal Service. 3. Effect of Notice and Termination on State's payment Obligations: a) Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the State. b) The State shall be responsible for payment on claims for services or work provided and costs incurred pursuant to the terms of the Master Contract. In no event shall the State be liable for expenses and obligations arising from the requirements of the Master Contract after its termination date. 4. Effect of Termination Based on Misuse or Conversion of State or Federal property: Where the Master Contract is terminated for cause based on Contractor's failure to use some or all of the real property or equipment purchased pursuant to the Master Contract for the purposes set forth herein, the State may, at its option, require: a) the repayment to the State of any monies previously paid to the Contractor; or b) the return of any real property or equipment purchased under the terms of the Master Contract; or C) an appropriate combination of clauses (a) and (b) of Section II(C)(4) herein. Nothing herein shall be intended to limit the State's ability to pursue such other legal or equitable remedies as may be available. D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a reasonable period of time. In the event of such suspension, the Contractor shall begiven a formal written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor shall comply with the particulars of the notice. The State shall have no obligation to reimburse Contractor's expenses during such suspension period. Activities may resume at such time Contract Number: # Page 8 of 25, Master Contract for Grants - Standard Terns and Conditions as the State issues a formal written notice authorizing a resumption of performance under the Master Contract. III. PAYMENT AND REPORTING A. Terms and Conditions: I. In full consideration of contract services to be performed, the State Agency agrees to pay and he Contractor agrees to accept a sum not to exceed the amount noted on the Face Page. 2. The State has no obligation to makea haver b etnl obtainedall require C on approval of the AG and OSC, if required, actor approval at ons for expenditures that precede the start date of the Master Contract shall not be reimbursed. g 3. Contractor must provide complete and accurate billing invoices to the State in order to receive Payment. Provided, however, the State may, at its discretion, automatically generate a voucher in accordance with an approved contract payment schedule. Billing invoices submitted to the State must contain all information and supporting documentation required by Attachment D (Payment and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to submit billing invoices electronically. 4. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by he head of the State Agency, in the sole discretion of the head of such State Agency, due to extenuating circumstances. Such electronic payment shall be made in accordance with OSC's procedures and practices to authorize electronic payments. 5. If travel expenses are an approved expenditure under the Master Contract, travel expenses shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the Contractor, the OSC guidelines, or United States General Services Administration rates. No out- of-state travel costs shall be permitted unless specifically detailed and pre -approved by the State. 6. Timeliness of advance payments or other claims for reimbursement, and any interest to be paid to Contractor for late payment, shall be governed by Article 11-A of the State Finance Law to the extent required by law. 7. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of contracts or renewal contracts with not-for-profit organizations and the implementation of any Program plan associated with such contract. For purposes of this section, "Full Execution" shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC. Any interest to be paid on a misseda on a delay in the Full Execution of the Master Contract shall be governed by Article nt to the tl 1 B of heractordState Finance Law. Contract Number: # Page 9 of 25, Master Contract for Grants - Standard Terms and Conditions B. Advance Payment and Recoupment: 1. Advance payments, which the State in its sole discretion may make to not-for-profit grant recipients, shall be made and recouped in accordance with State Finance Law Section 1 9 u this Section and the provisions of Attachment D (Payment and Reporting Schedule). (), 2. Advance payments made by the State to not-for-profit grant recipients shall be due no later than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract Term or, if renewed, in the period identified on the Face Page. 3. For subsequent contract years in multi-year contracts, Contractor will be notified of the scheduled advance payments for the upcoming contract year no later than 90 days prior to the commencement of the contract year. For simplified renewals, the payment schedule (Attachment D) will be modified as part of the renewal process. 4. Recoupment of any advance payment(s) shall be recovered by crediting the percentage of subsequent claims listed in Attachment DPae nt herein and such claims shall be reduced until h advance is fully recovered vered wiSchedule)itthin theSection III(C) Term. ny unexpended advance balance at the end of the Contract Term shall be refunded b Contract the Contractor to the State. y 5. If for any reason the amount of any claim is not sufficient to cover the proportionate advance amount to be recovered, then subsequent claims may be reduced until the advance is fully recovered. C. Claims for Reimbursement: I. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of the State under the Master Contract in accordance with this Section and the applicable claimin schedule in Attachment D (Payment and Reporting Schedule). g Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the applicable Attachment B form (Budget) and during the Contract Term. When submitting a voucher, such voucher shall also be deemed to certify that: (i) the payments requested do not duplicate reimbursement from other sources of funding; and (ii) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Contractor for this program. Requirement( it) does not apply to grants funded pursuant to a Community Projects Fund appropriation. 2. Consistent with the selected reimbursement claiming schedule in Attachment D (Payment and Reporting Schedule), the Contractor shall comply with the appropriate following provisions: a) Quarterly Reimh��r�P,,,ent The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). Contract Number: # Page 10 of 25, Master Contract for Grants - Standard Terms and Conditions The Contractor shall submit to the State Agency quarterly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. b) Monthly Reimbursement• The Contractor shall be entitlrk ed to receive payments for wo, Projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency monthly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. C) Biannual Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency biannually voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. d) Milestone/Performance Reimbursement.4 Requests for payment based upon an event or milestone may be either severable or cumulative. A severable event/milestone is independent of accomplishment of any other event. If the event is cumulative, the successful completion of an event or milestone is dependent on the previous completion of another event. Milestone payments shall be made to the Contractor when requested in a form approved by the State, and at frequencies and in amounts stated in Attachment DPae nt and Reporting Schedule). The State Agency shall make milestone payments subject to the Contractor's satisfactory performance. e) Fee for Service Reimbursements Payment shall be limited to only those fees specifically agreed upon in the Master Contract and shall be payable no more frequently than monthly upon submission of a voucher by the contractor. 0 Rate Based Reimbursement:6 Payment shall be limited to rate(s) established in the Master Contact. Payment may be requested no more frequently than monthly. g) Scheduled Reimbursement:' The State Agency shall generate vouchers at the frequencies and amounts as set forth in Attachment D (Payment and Reporting Schedule), 4 A milestone/ performance payment schedule identifies mutually agreed -to payment amounts based on meeting contract events or progrmilestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true ess in completing the Master Contract effort. 6 Fee for Service is a rate established by the Contractor for a service or services rendered. Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit. Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period (i.e. quarterly, monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Master Contract, they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. Contract Number: # Page I 1 of 25, Master Contract for Grants - Standard Terms and Conditions and service reports shall be used to determine funding levels appropriate to the next annual contract period. h) Fifth Quarter Pavments•8 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The State Agency shall use a written directive for fifth quarter financing. The State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed 4. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the Master Contract as security for the faithful completion of services or work, as applicable, under the Master Contract. This amount may be withheld in whole or in part from any single payment or combination of payments otherwise due under the Master Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law. 6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted to the State Agency no later than thirty (30) calendar days after the end date of the period for which reimbursement is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not exceed the amount of actual expenditures. 7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above, with respect to the final period for which reimbursement is claimed, so long as the obligations were incurred prior to the end date of the contract, the Contractor shall have up to ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Master Contract is funded in whole or in part with federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D. Identifying Information and Privacy Notification: I. Every voucher or New York State Claim for Payment submitted to a State Agency by the I Contractor, for payment for the sale of goods or services or for transactions (e.g., es, easements, licenses, etc.) related to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Contractor's Federal employer identification number, (ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to $ Fifth Quarter Payments occurs where there are scheduled payments and where there is an expectation that services will be continued through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor for the first payment period quarter of an anticipated renewal or new contract. Contract Number: # Page 12 of 25, Master Contract for Grants - Standard Terms and Conditions include such identification number or numbers may delay payment by the State to the Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does not have such number or numbers. 2. The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principle purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. The personal information is requested by the purchasing unit of the State Agency contracting to purchase the goods or services or lease the real or personal property covered by the Master Contract. This information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 11 o State Street, Albany, New York, 12236. E. Refunds: 1. In the event that the Contractor must make a refund to the State for Master Contract -related activities, including repayment of an advance or an audit disallowance ust be payable as set forth in Attachment A-1 (Program Specific Terms sand Condpayment ition ). madeTheContractor must reference the contract number with itsa of why the refund is being made. Refund a p yment and include a brief explanation e Designated Office at the address specified in Attachment A-1 (Program Specific Termst be submitted to shaand ConditionRefund 2. If at the end or termination of the Master Contract, there remains any unexpended balance of the monies advanced under the Master Contract in the possession of the Contractor, the Contractor shall make payment within forty-five (45) calendar days of the end or termination of the Master Contract. In the event that the Contractor fails to refund such balance the State may pursue all available remedies. F. Outstanding Amounts Owed to the State: Prior period overpayments (including, but not limited to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the Contractor may be recouped against future payments made under this Master Contract to Contractor. The recoupment generally begins with the first payment made to the Contractor following identification of the overpayment and/or audit recovery amount. In the event that there are no payments to apply recoveries against, the Contractor shall make payment as provided in Section III(E) (Refunds) herein. G. Program and Fiscal Reporting Requirements: L The Contractor shall submit required periodic reports in accordance with the applicable schedule provided in Attachment D (Payment and Reporting Schedule). All required reports or other work products developed pursuant to the Master Contract must be completed as provided by the agreed upon work schedule in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number: # Page 13 of 25, Master Contract for Grants - Standard Terms and Conditions 2. Consistent with the selected reporting options in Attachment D (Payment and Re Schedule), the Contractor shall comply with the following applicable provisions: porting a) If the Expenditure Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with one or more of the following reports as required by the following provisions and Attachment D (Payment a Reporting Schedule) as applicable: Ym and (i) Narrative/Qualitative Report: The Contractor shall submit, on a quarterly basis n later than the time period listed in Attachment D (Payment and Reporting Schedule a report, in narrative form, summarizing the services rendered during the quarter. his report shall detail how the Contractor has progressed toward attaining the qualitative goals enumerated in Attachment C (Work Plan). This report should address all goals and objectives of the project and include a discussion of problems encountered and steps taken to solve them. p (ii) Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis not later than the time period listed in Attachment DPa ( yrrtent and Reporting Schedule), a detailed report analyzing the quantitative aspects of the program plan, as appropriate (e.g., number of meals served, clients transported, patient/client encounters, procedures performed, training sessions conducted, etc.) (iii) Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D Pa expenditure report, by object of expense. (Payment reportshall accompany Schedulethe detailed submitted for such period. P Y oucher (iv) Final Report: The Contractor shall submit a final report as required by the Master Contract, not later than the time period listed in Attachment DPa Schedule) which reports on all aspects of the program and detaillingnh wdthe p use of funds were utilized in achieving the goals set forth in Attachment C (Work Plan). (v) Consolidated Fiscal Report (CFR): The Contractor shall submit a CFR, which includes a year-end cost report and final claim not later than the time period listed in Attachment D (Payment and Reporting Schedule). b) If the Performance -Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with the followin reports as required by the following provisions and Attachment D Pa g Schedule) as applicable: (Payment and Reporting (i) Progress Report: The Contractor shall provide the State Agency with a written progress report using the forms and formats as provided by theState Agency, summarizing the work performed during the period. These reports shall detail the Contractor's progress toward attaining the specific goals enumerated in Attachment C (Work Plan). Progress reports shall be submitted in a format prescribed in the Master Contract. Contract Number: # Page 14 of 25, Master Contract for Grants - Standard Terms and Conditions Final Progress Report: Final scheduled payment is due during the time period set forth in Attachment D (Payment and Reporting Schedule). The deadline for submission of the final report shall be the date set forth in Attachment D (Payment and Reporting Schedule). The State Agency shall complete its audit and notify the Contractor of the results no later than the date set forth in Attachment D pa yment orting Schedule). Payment shall be adjusted by the State Agency o reflect donly hose services/expenditures that were made in accordance with the Master Contract. The Contractor shall submit a detailed comprehensive final progress report not later than the date set forth in Attachment D (Payment and Reporting Schedule), summarizing the work performed during the entire Contract Term (i.e., a cumulative report), in the forms and formats required. 3. In addition to the periodic reports stated above, the Contractor may be required (a) to submit such other reports as are required in Table 1 of Attachment DPa Schedule), and (b) prior to receipt of final payment under the Master Contract, to ubmitp nel or more final reports in accordance with the form, content, and schedule stated in Table 1 of Attachment D (Payment and Reporting Schedule). H. Notification of Significant Occurrences: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this pro ject;any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS, REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number: # Page 15 of 25, Master Contract for Grants - Standard Terms and Conditions Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of $100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire (Questionnaire). 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as Contract Number: # Page 16 of 25, Master Contract for Grants - Standard Terms and Conditions applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do not contain the required information, and/or are not received by the Contractor by said due date. C. Use Of Material, Equipment, Or Personnel: 1. The Contractor shall not use materials, equipment, or personnel paid for under the Master Contract for,any activity other than those provided for under the Master Contract, except with the State's prior written permission. 2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the property of the State and shall either be credited to the State at the close-out of the Master Contract or, upon the written permission of the State, shall be expended on additional services or work, as applicable, provided for under the Master Contract. D. Property: L Property is real property, equipment, or tangible personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit. a) If an item of Property required by the Contractor is available as surplus to the State, the State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of the purchase of such Property. b) If the State consents in writing, the Contractor may retain possession of Property owned by the State, as provided herein, after the termination of the Master Contract to use for similar purposes. Otherwise, the Contractor shall return such Property to the State at the Contractor's cost and expense upon the expiration of the Master Contract. c) In addition, the Contractor agrees to permit the State to inspect the Property and to monitor its use at reasonable intervals during the Contractor's regular business hours. d) The Contractor shall be responsible for maintaining and repairing Property purchased or procured under the Master Contract at its own cost and expense. The Contractor shall procure and maintain insurance at its own cost and expense in an amount satisfactory to the State Agency, naming the State Agency as an additional insured, covering the loss, theft or destruction of such equipment. e) A rental charge to the Master Contract for a piece of Property owned by the Contractor shall not be allowed. f) The State has the right to review and approve in writing any new contract for the purchase of or lease for rental of Property (Purchase/Lease Contract) operated in connection with the provision of the services or work, as applicable, as specified in the Master Contract, if applicable, and any modifications, amendments, or extensions of an existing lease or purchase prior to its execution. If, in its discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be obligated to make any payments for such Property. Contract Number: # Page 17 of 25, Master Contract for Grants - Standard Terms and Conditions g) No member, officer, director or employee of the Contractor shall retain or acquire any interest, direct or indirect, in any Property, paid for with funds under the Master Contract, nor retain any interest, direct or indirect, in such, without full and complete prior disclosure of such interest and the date of acquisition thereof, in writing to the Contractor and the State. 2. For non -Federally -funded contracts, unless otherwise provided herein, the State shall have the following rights to Property purchased with funds provided under the Master Contract: a) For cost -reimbursable contracts, all right, title and interest in such Property shall belong to the State. b) For performance-based contracts, all right, title and interest in such Property shall belong to the Contractor. 3. For Federally funded contracts, title to Property whose requisition cost is borne in whole or in part by monies provided under the Master Contract shall be governed by the terms and conditions of Attachment A-2 (Federally Funded Grants). 4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property that is owned by the State as provided herein. 5. The Contractor shall execute any documents which the State may reasonably require to effectuate the provisions of this section. E. Records and Audits: I. General. a) The Contractor shall establish and maintain, in paper or electronic format, complete and accurate books, records, documents, receipts, accounts, and other evidence directly pertinent to its performance under the Master Contract (collectively, Records). b) The Contractor agrees to produce and retain for the balance of the term of the Master Contract, and for a period of six years from the later of the date of (i) the Master Contract and (ii) the most recent renewal of the Master Contract, any and all Records necessary to substantiate upon audit, the proper deposit and expenditure of funds received under the Master Contract. Such Records may include, but not be limited to, original books of entry (e.g., cash disbursements and cash receipts journal), and the following specific records (as applicable) to substantiate the types of expenditures noted: (i) personal service expenditures: cancelled checks and the related bank statements, time and attendance records, payroll journals, cash and check disbursement records including copies of money orders and the like, vouchers and invoices, records of contract labor, any and all records listing payroll and the money value of non-cash advantages provided to employees, time cards, work schedules and logs, employee personal history folders, detailed and general ledgers, sales records, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. Contract Number: # Page 18 of 25, Master Contract for Grants - Standard Terms and Conditions (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non -personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. I Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number: # Page 19 of 25, Master Contract for Grants '- Standard Terms and Conditions for the limited purposes of the Master Contract and in conformity with applicable provisions and Federal law. The Contractor (i) has an affirmative obligation to safeguard any such Confiid Information from unnecessary or unauthorized disclosure and (ii) must comply with theof State of the New York State Information Security Breach and Notification Act G enaw provisions Section 899 -aa; State Technology Law Section 208). ( eneral Business Law G. Publicity: 1. Publicity includes, but is not limited to: news conferences; news releasespublic announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released with prior written approval from the State. out 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded in whole or in part through any activity supported under the Master Contract may not be published, presented or announced without prior ap Publication, presentation or announcement shall: proval of the State. Any such a) Acknowledge the support of the State of New York and, if funded with Federal funds, the applicable Federal funding agency; and b) State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. ' 3. Notwithstanding the above, the Contractor may submit for publication, scholarly or academic publications that derive from activity under the Master Contract (but are not deliverable ndec the Master Contract), provided that the Contractor first submits such manuscripts to the S r forty-five (45) calendar days prior to submission for consideration by a publisher in order for State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Sectio V(G)(2) (Publicity) hereof. n H. Web -Based Applications -Accessibility: Any web -based intranet and Internet information applications development, or programming delivered pursuant to the Master Contract or Procurement shall comply with New York State Enterprise IT Policy NYS-PMaste , Contract Accessibility Web -Based Information and Applications, and New York State Enterprise IT Standard NYS-S08- 005,bil Accessibility of Web -Based Information Applications, as such policy or standard ma b amended, modified or superseded, which requires that State Agency web -based intranet any e information and applications are accessible to person with disabilities. Web content mustconform oIntform to New York State Enterprise IT Standards NYS-S08-005, as determined b form testing. Such quality assurance testing shall be conducted by the State Agency and the results of y quality assurance such testing must be satisfactory to the State Agency before web content shall be consider qualified deliverable under the Master Contract or procurement. ed a Contract Number: # Page 20 of 25, Master Contract for Grants - Standard Terms and Conditions I. Non -Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor and sub -contractors will not discriminate against an employee or applicant for employment because of race, creed (religion), color, sex (including gender expression), national origin, sexual orientation, military status, age, disabilit predisposing genetic characteristic, marital status or domestic violence victim status, and shall e also sfollow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of an work or for the manufacture, sale or distribution of materials, equipment orl ic suppliesl anor ulic d to the extent that the Master Contract shall be performed within the State of New York, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the Performance of work under the Master Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, the Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the Performance of work under the Master Contract. The Contractor shall be subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 of the Labor Law. I Equal Opportunities for Minorities and Women; Minority and Women Owned Business Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the Master Contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting State Agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or(ii) a written agreement in excess of $100,000.00 whereby a contracting State Agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or(iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the Contractor certifies and affirms that (i) it is subject to Article 15-A of the Executive Law which includes, but is not limited to, those provisions concerning the maximizing of opportunities for the participation of minority and women - owned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal employment opportunity policy that: I. The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status; 2. The Contractor shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts; 3. The Contractor shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, Contract Number: # Page 21 of 25, Master Contract for Grants - Standard Terms and Conditions Promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms Of compensation; 4. At the request of the State, the Contractor shall request each employment agency, labor union or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor ' union or representative shall not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative shall affirmatively cooperate in the implementation of the Contractor's obligations herein; and 5. The Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The Contractor shall include the provisions of subclauses 1 — 5 of this Section(IV)(J), in eve subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovatiory n Planning or design of real property and improvements thereon (Work) except where the Work is fo the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: i work, goods or services unrelated to the Master Contract; or (ii)em toYork () k° State shall consider compliance by the Contractor or a subcontractor with the requirements of The Federal law concerning equal employment opportunity which effectuates the of any The State shall determine whether the imposition of the requirements of the Provisions sher of duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize Opportunities for the participation of New York State business enterprises, including minority and women -owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. I. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women - owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92- 261), as amended; C) The Contractor agrees to make reasonable efforts to provide notification to State residents Of employment opportunities on this project through listing any such positions with the Job Contract Number: # Service Division of the New York State Department of Labor, or providing such notification Page 22 of 25, Master Contract for Grants --Standard Terms and Conditions in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of the Master Contract and agrees to cooperate with the State in these efforts. L. Workers' Compensation Benefits: L In accordance with Section 142 of the State Finance Law, the Master Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of the Master Contract for the benefit of such employees as are required to be covered by the Provisions of the Workers' Compensation Law. 2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement they must apply for an exemption. M. Unemployment Insurance Compliance: The Contractor shall remain current in both its quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable, to the State Unemployment Insurance system as a condition of maintaining this grant. The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff only such information as is necessary to determine the Contractor's compliance with the State Unemployment Insurance Law. This includes, but is not limited to, the following: 1. any records of unemployment insurance (UI) contributions, interest, and/or penalty payment arrears or reporting delinquency; 2. any debts owed for UI contributions, interest, and/or penalties; 3. the history and results of any audit or investigation; and 4. copies of wage reporting information. Such disclosures are protected under Section 537 of the State Labor Law, which makes it a misdemeanor for the recipient of such information to use or disclose the information for any purpose other than the performing due diligence as a part of the approval process for the Master Contract. N. Vendor Responsibility: 1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly completed such Questionnaire. Although electronic filing is preferred, the Contractor may obtain a paper form from the OSC prior to execution of the Master Contract. The Contractor further covenants and represents that as of the date of execution of the Master Contract, there are no material events, omissions, changes or corrections to such document requiring an amendment to the Questionnaire. Contract Number: # Page 23 of 25, Master Contract for Grants - Standard Terms and Conditions 2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s) occurs requiring an amendment or as new information material to such Questionnaire becomes available. 3. The Contractor shall, in addition, promptly report to the State the initiation of any investigation or audit by a governmental entity with enforcement authority with respect to any alleged violation of Federal or state law by the Contractor, its employees, its officers and/or directors in connection with matters involving, relating to or arising out of the Contractor's business. Such report shall be made within five (5) business days following the Contractor becoming aware of such event, investigation, or audit. Such report may be considered by the State in making a Determination of Vendor Non -Responsibility pursuant to this section. 4. The State reserves the right, in its sole discretion, at any time during the term of the Master Contract: a) to require updates or clarifications to the Questionnaire upon written request; b) to inquire about information included in or required information omitted from the Questionnaire; C) to require the Contractor to provide such information to the State within a reasonable timeframe; and d) to require as a condition precedent to entering into the Master Contract that the Contractor agree to such additional conditions as shall be necessary to satisfy the State that the Contractor is, and shall remain, a responsible vendor; and P) to require the Contractor to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. By signing the Master Contract, the Contractor agrees to comply with any such additional conditions that have been made a part of the Master Contract. 5. The State, in its sole discretion, reserves the right to suspend any or all activities under the Master Contract, at any time, when it discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor shall be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume such time as the State issues a written notice authorizing a resumption of performance under the at Master Contract. 6. The State, in its sole discretion, reserves the right to make a final Determination of Non - Responsibility at any time during the term of the Master Contract based on: a) any information provided in the Questionnaire and/or in any updates, clarifications or amendments thereof; or b) the State's discovery of any material information which pertains to the Contractor's responsibility. Contract Number: # Page 24 of 25, Master Contract for Grants - Standard Terms and Conditions 7. Prior to making a final Determination of Non -Responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non- responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. O. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number, and a charitable registration number (or a declaration of exemption and to furnish the State Agency with this information as soon as it is available(ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Master Contract by the State and (iii) remain in compliance with the OAG charities registration requirements throughout the term of the Master Contract. P. Consultant Disclosure Law:9 If this is a contract for consulting services, defined for purposes Of this requirement to include analysis, evaluation, research, training, data processing, computer Programming, engineering, environmental, health, and mental health services, accounting, auditing, Paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accuratel and Properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. Q. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28 2 08, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands ands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. 9 Not applicable to not-for-profit entities. Contract Number: # Page 25 of 25, Master Contract for Grants - Standard Terms and Conditions STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT 1D: DOS01/3800000 NYS Department of State CONTRACT NUMBER: C006880 One Commerce Plaza 99 Washington Avenue — Suite 1010 CONTRACT TYPE: Albany, NY 12231 ❑ Multi -Year Agreement ❑ Simplified Renewal Agreement ® Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: ❑ New SOUTHOLD TOWN OF. ❑ Renewal ® Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Hashamomuck Pond Watershed Management Plan Implementation CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 1 1-6001 939 CFDA NUMBER (Federally Funded Grants Only): DUNS Number (if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 54375 State Route 25 M Municipality, Code: PO Box 1179 ❑ Tribal Nation Southold, NY 11971 ❑ Individual ❑ Not -for -Profit CONTRACTOR PAYMENT ADDRESS: ® Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 ® Check if same as primary mailing address ❑ Sectarian Entity Contract Number: 40006880 Page 1 of 2, Master Grant Contract - Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year — enter total projected amount of the FROM: 4/l/2009 TO: 3/31/2013 contract; Fixed Term/Simplified Renewal — enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2009 TO: 3/31/2013 CURRENT: $341,000.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: iE State El Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY — CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑ Attachment A: ❑ A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants ® Attachment B: ❑ B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget M B -1(A) Expenditure Based Budget (Amendment) ❑ B -2(A) Performance Based Budget (Amendment) ❑ B -3(A) Capital Budget (Amendment) M Attachment C: Work Plan ❑ Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #0006880 Page 2 of 2, Master Grant Contract - Face Page M IN WITNESS T the dates below the s OF, the parties hereto have executed or gnatures. approved this Master Contract on CONTRACTOR: Town of Southold 54375 State Route 25 PO 13ox 1179 Southold, NY 11971 Printed Name �� t Title: L/ is C) Date: STATE OF NEW YORK STATE AGENCY: I NYS Department of State One Commerce plana 99 Washington Avenue - Suite 1010 Albany, NY 12231 By. Haft Printed Name Title: Director of Financial Adminlstratlpn Date: -3 S I COUNTY OF On the4Lt -day of before me personal] a depose and , to me y appeared say that he known, who being by me duly sworn, babe resides at -� Y rn, did L � that he/ >f of the she is the describ d herein which executed the foregoingins thereto as autho ',the contractor instrument; and that he/ ehe by the contractor n signed his/kom name ame on the face page of this Master Contract. (Notary) Notary Public StaW of r+&Vx..b ATTORNEY GENERAL'S SIGNATURE NYS A f F'INEY��'RM GENERAL PrintedName Title: ,t ) 90 15 Date: Contract Number: #C006880 Page 1 of 1, Master Grant Contract - Signature Page luo. 0IF06177911 Qualified i Suffolk .oma,,... �.-�- mtmh STATE COMPTRO e: f Recipient: Contract #: Type of Modification: Budget Category Changes: A. Salaries B. Travel C. Supplies D. Equipment Contractual Other NEW YORK STATE - DEPARTMENT OF STATE CONTRACT MODIFICATION FORM Town of Southold C006880 Budget and/or Work Program Modification Reason and Justification for changes: RECIPIEN PPROV �Q Signature ofAuthorized Official ivame of Authorized Official FOR DOS USE ONLY: Program Representative Action: Signature of rog epresentative Fiscal resentativ, q on: Sig ture of scal Re resen ti / P tats **See attached** 3PSIhS Date Tit] f Authorized Official Approved Disapproved i ZApproved Disapproved # Date Garcia. Laurissa (DOS) From: dos.sm.Cstl.OPDcontracts To: dos.sm.Csti.OPDcontracts Subject: RE: Town of Southold, Contract # C006880 - amendment Stephanie, The workplan was amended to describe the stormwater practices that were ultimately installed. The original best management practices proposed were altered due to project site size restraints concerning the existing easement areas. Also note that not all of the projects described in the workplan were completed (Bayview), however language regarding work on Bayview was kept in the workplan. Work was not completed on the Bayview sites because after the contract was awarded, the Town mapped and modelled the watershed and sewersheds that convey storm water to the waterbody with improved accuracy. The mapping and modelling resulted in new information that rendered the remaining BMP's obsolete that were identified in the plan prepared by Horsley and Witten. Note that the Horsley Witten report identified water quality management projects based on conceptual practices and modelled water quality impacts. The workplan will also require a budget amendment. The Town originally planned on doing the construction themselves, and the original budget includes costs associated with heavy equipment usage, waste disposal fees and supplies and materials for the projects. However, the Town decided to hire a subcontractor to do the construction work instead due to limited staff capacity. Costs from the "Other" category have been moved to the "Contractual Services" category. Contractor Name Contract Number Match Percentage BUDGET COMPARISON SUMMARY Town of Southold C006880 50% Category Current Budget Change Amended Budget A. Salaries $221,536.03 $0.00 $221,536.03 B. Travel $500.00 S0.00 $500.00 C. Supplies $239,776.88 $0.00 $239,776.88 D. Equipment $0.00 $0.00 $0.00 E. Contractual $5,000.00 $215,187.09 $220,187.09 F. Other $215,187.09 -$215,187.09 $0.00 :M WN TOTAL PROJECT COST $682,000.00 $0.00 $682,000.00 WW RT T 4, tv $341,000.00 Total State Share $341,000.00 ITotal Local Share $341,000.00 $341,000.00 ATTACHMENT B-1 EXPENDITURE BASED BUDGET (Formerly Appendix B) A. Salaries & Wages (including Fringe Benefits) $221,536.03 B. Travel $500.00 C. Supplies/Materials $239,776.88 D. Equipment $0.00 E. Contractual Services $220,187.09 F. Other $0.00 TOTAL PROJECT COST $682,000.00 Total State Funds $341,000.00 Total Local Share $341,000.00 A. SALARIES & WAGES TITLE ANNUAL AMOUNT SALARY CHARGED TO THIS PROJECT LWRP Coordinator/Planner $89,180.00 $26,987.24 GIS Manager $98,098.00 $26,987.24 Engineer $82,118.00 $50,000.00 Environmental Technician $83,545.00 $15,000.00 Planning Director $123,050.00 $10,000.00 Community Development Director $124,912.00 $12,000.00 Crew Leader 1 $33.64/hr $18,225.80 Heavy Equipment Operator (3) $30.02/hr $37,369.08 Auto E ui ment Operator 2) $24.32/hr $22,966.67 Secretary Assistant $64,795.00 $2,000.00 SUBTOTAL $221,536.03 B. TRAVEL Travel to NYS Community Seminar Series training sessions 11 11 SUBTOTAL $500.00 C. SUPPLIES/MATERIALS Supplies and materials needed for construction and installation of BMP's: Surface materials, such as filter cloth, asphalt, rip rap, concrete, cements, sand, cap block, brick, gravel, stone blend, topsoil, geotextiles................... $167,616.87 Stormwater infrastructure materials, such as catch basin, drainage ring, concrete traffic bearing slab, cast iron inlet grate & frame, drainage pipe..... $72,160.01 SUBTOTAL $239,776.88 D. EQUIPMENT SUBTOTAL $0.00 E. CONTRACTUAL SERVICES Consultant construction services to install stormwater treatment projects at Laurel Avenue, Long Creek Drive, and at Bayville Avenue. Subcontractor: Terry Contracting F. OTHER SUBTOTAL $220,187.09 SUBTOTAL $0.00 ATTACHMENT C — WORK PLAN (Formerly Appendix D) Contractor: Town of Southold Contract Number: C006880 Program Contact Person: Mark Terry Phone: 613-765-1938 Fax: 613-765-6145 Hashamomuck Pond Watershed Management Plan Implementation 1. Project Description: The NYS Department of Environmental Conservation (NYS DEC) Priority Waterbody List identifies stormwater runoff as the primary source of pathogens entering Hashamomuck Pond. Stormwater remediation is necessary to address water quality impairments, closed shell fishing waters, and threats to Hashamomuck Pond, a designated NYS significant Coastal Fish and Wildlife Habitat located in the Town of Southold, Suffolk County, Long Island. The Town of Southold (Contractor) will implement specific stormwater remediation projects identified as priorities in the "Hashamomuck Pond Watershed Management Plan" to reduce impacts for the purposes of improving water quality, re -opening the shellfishery, and improving recreation opportunities. Best management practices will be constructed: at Laurel Avenue, three precast concrete leaching pools will be installed at the road end which will divert stormwater into a shallow pond area. The road end will be lined with rip rap to minimize erosion if severe weather occurs. ; two locations at Long Creek Drive include, (1) a concrete inlet structure will be installed to replace the old structure, and six leaching basins will be constructed and will be disconnected from the existing outfall pipe, and (2) one catch basin and four concrete leaching pools will be installed;; at Bayview Avenue, a grass channel, sediment forebay, pond restoration, and low -flow office outlet; at Bayview Avenue, adjacent to the boat ramp at the east shoreline of the pond, stormwater capture and filtration to prevent polluted stormwater from entering the pond. These best management practices will be designed and constructed to treat 90% of average annual stormwater runoff volume, and treat constituent pollutants such as fecal coliform, total nitrogen, total phosphorus, total suspended solids, metals and hydrocarbons. 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 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 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 the activity being documented. The contributions of the Department must also be acknowledged in community press releases issued for the project. Project press releases shall be submitted to the Department 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 of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with (Appendix Al-XXI). 4. Training A required component of the Title 11 Environmental Protection Fund program is Contractor participation in a training session or sessions focused on developing and implementing revitalization strategies (Appendix Al -I). The purpose of these training sessions is to build knowledge and provide support to community leaders to advance revitalization efforts and advance grant priorities. The specific training session(s) to be attended will be determined during the initial project scoping meeting. 5. Project Components Task 1: Initial Project Scoping Meeting The Contractor, the 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 consultants, State Environmental Quality Review Act (SEQRA) compliance requirements, the number of public meetings and techniques for public involvement proposed for the project, attendance at NYS Community Seminar Series training sessions, 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 meeting. 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 Department 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: Community Training The Contractor will participate in the Community Training Program as stated in Section 4 above. Product: Copy of transmittal letter submitting payment for registration fees. Participation in training session(s). Task 3: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders, including representatives of State and municipal agencies with jurisdiction over project activities or the project area, and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department 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. Task 4: Request for Proposals The Contractor shall draft a Request for Proposals (RFP) including a complete project description with site conditions, expected final results, a schedule for completion, and criteria for selecting a preferred proposal. The Contractor shall submit the RFP to the Department for review and approval prior to release for solicitation of proposals. Products: Approved RFP released through advisement in local papers, the New York State Contract Reporter, and other appropriate means. Task 5: Consultant Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor and an appropriate review committee shall review all proposals received as a result of the RFP. At a minimum, the following criteria are suggested for use in evaluating consultant responses: Quality and completeness of the response. Understanding of the proposed scope of work. Applicability of proposed alternatives or enhancements to information requested. Cost-effectiveness of the proposal. Qualifications and relevant experience with respect to the tasks to be performed. Reputation among previous clients. Ability to complete all project tasks within the allotted time and budget. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents, and for supervision of construction, a licensed 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 Department that applicable provisions of General Municipal Law were fully complied with. The Contractor's procurement record and consultant selection is subject to approval by the Department. Products: Consultant(s) selected and approved by the Department. Written certification of procurement procedures. Task 6: Subcontract Preparation and Execution The Contractor shall prepare a draft subcontract or subcontracts to conduct project work with the consultant(s) selected. The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of project completion, a payment schedule (payments should be tied to receipt of products), and a project cost. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility/expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks. The Contractor shall submit the 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: Draft and final, executed consultant subcontracts. Task 7: Second Project Scoping Meeting In consultation with the Department, the Contractor shall hold a second project scoping meeting with the consultant(s), and other project partners as appropriate, to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s) which would assist in completion of the project. The consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department 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 8: Site Reconnaissance and Schematic Designs for BMPs at site H5, Laurel Avenue; H7, Long Creek Drive; H9, Bayview Avenue; H14, and H18 Bayview Avenue boat ramp BMPs. A. Site Reconnaissance The Contractor or its consultant(s) shall conduct site-specific reconnaissance, in preparation for design. Work shall include, at a minimum, identification and mapping of the following: • Site survey showing extent of project boundary • Ownership/grant/lease status of all lands to be incorporated into the design • Manmade structures, buildings, or facilities on or adjacent to the site • Above and below ground infrastructure • Transportation/circulation systems (truck, car, bus, ferry, train, pedestrian bicycle, etc.) that serve or are located near the site • Adjacent land and water uses • Historic and archeological resources • Soil and, as appropriate, core sampling to determine site stability • Topography and hydrology • Natural resources, including location of mature trees • View corridors • Zoning and other applicable designations • Analysis of site constraints, needs and opportunities Products: Map(s) and written summary describing the above information and any other appropriate information identified during project scoping. B. Schematic Designs The Contractor or its consultant(s) shall prepare schematic designs of the facility or facilities, considering and including a summary of the following: Best management practices to be employed to avoid or reduce water quality impairments from upland runoff or in -water activities, and Impacts, if any, to State designated Significant Coastal Fish and Wildlife Habitat areas, Scenic Areas of Statewide Significance, other Coastal Management Program special management areas, or other sensitive resources, and how those impacts should be avoided or mitigated. Products: Schematic designs submitted to the Department for review and approval. Task 9: Public Meeting In consultation with the Department, a public information meeting shall be conducted to solicit public input on a schematic designs. A written summary of public input obtained at this meeting shall be prepared and provided to the Department for review and comment. Products: Public information meeting held. Minutes/Summary of meeting prepared and submitted to the Department. Task 10: Construction Requirement Analysis The Contractor or its consultant(s) shall prepare an analysis of all federal, state and local requirements for the design, including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre - permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work on final design shall not proceed prior to Department approval of the construction requirement analysis and the pre -permitting meeting, if necessary. Products: Written construction requirement analysis. Pre -permitting meeting with identified entities. Task 11: 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. Task 12: Draft Final Designs The Contractor or its consultant(s) shall prepare draft final designs. The draft final designs shall include all required maps, tables, data, written discussions, and other information identified in the contract and subcontract work plans and during project scoping. The draft final design shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Department continents must be addressed to the satisfaction of the Department in subsequent revisions of the products and the final design. Products: Draft final design and supporting materials. Task 13: Final Design and Construction Documents The Contractor or its consultant(s) shall prepare the final design and construction drawings, plans, specifications, and cost estimates. The final design and construction 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. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents, certified by a licensed professional engineer, architect or landscape architect. Task 14: Permits After the final design and construction documents have been approved by the Department, the Contractor or its consultant(s) shall prepare the necessary permit or other approval applications and obtain the required permits or approvals. A pre -application meeting with the Department and the appropriate federal, state and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing, the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; the Department, pursuant to the consistency provisions of the federal Coastal Zone Management Act; other New York State agencies such as the Department of Environmental Conservation; the Office of General Services pursuant to the Public Lands Law, or similar authorization from the Power Authority (in certain areas of the St. Lawrence Seaway) or Canal Authority (in the State Canal System), in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and agencies of a county, city, town, village, or special purpose district, including but not limited to: town boards, boards of trustees, or city councils; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor or its consultant(s) shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 16: Construction of BMPs at sites H-5, Laurel Avenue (three precast concrete leaching pools rip rap road end); H-7, Long Creek Drive (1) a concrete inlet structure, six leaching basins 2) one catch basin and four concrete leaching pools); H9, Bayview Avenue (grass channel, sediment forebay, pond restoration, low - flow orfice outlet); and H18 Bayview Avenue boat ramp BMPs. After receipt of all necessary permits, the Contractor may begin construction work according to the final design and construction documents. The Contractor shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during project scoping. After 70% of the work is completed, the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. Products: Written work progress reports. Punch list and construction completion estimates. Task 17: Site Inspections The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections and photo documentation. The Contractor or its consultant(s) shall submit to the Department written summaries of progress and identification of problems to be addressed based on periodic site inspections. Products: Periodic site visits. Written summary of progress with photo- documentation and identification of any problems that need to be addressed. Task 18: Project Completion Following satisfaction of punch list items, the Contractor or its consultant(s) shall submit a statement that the work has been completed in accordance with the contract and subcontract(s), the final design and construction specifications, and all permit requirements. The completion statement must be prepared and/or certified by a licensed professional engineer, architect or landscape architect. Unless otherwise specified during project scoping, the Contractor or its consultant(s) shall submit three sets of as -built plans, certified by a licensed professional engineer, 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 shall not pay its consultant(s) or subcontractor(s) in full, and shall not submit a final payment request to the Department, until the Department concurs that the work is complete. Products: Statement of completion, certified as -built plans, and final project report including photo -documentation. Task 19: Semi-annual 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 20: Final Project Summary 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 Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms. 6. Project Management Responsibilities The Contractor shall administer the grant, execute a contract with Department, 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 Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify 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 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 Department informed 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 Division of Coastal Resources 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 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 Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from 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 provide support to community leaders to advance revitalization efforts and complete priority projects. 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 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.