2012-214
2012-214
Resolution Accepting Petition and Map, Plan & Report for the Extension of the United
Wappinger Water District to Serve NYC DEP Site
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
13,2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale (Arrived at 7:31PM)
Vincent F. Bettina (Arrived at 7:47 PM)
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, by Resolution 2012-194 on June 25, 2012, the Town Board approved the
execution of an Agreement with the City of New York to extend the United Wappinger Water
District (UWWD) and construct a 12 inch water main from a point of connection with the
UWWD water system in and around Old Hopewell Road and Seneca Drive to the Shaft 6B Site
on River Road owned by the City of New York (City) and operated through its Department of
Environmental Protection (DEP); and
WHEREAS, the 12 inch water pipe is designed to deliver in excess of 170,000 gallons of
water per day to be used in connection with the construction of the By-Pass Tunnel and Shaft 6B
as part of the project being undertaken by the DEP called "Water for the Future: Delaware
Aqueduct Rondout West Branch Tunnel Repairs;" and
WHEREAS, pursuant to the aforementioned Agreement, DEP has submitted a Petition
pursuant to Article 12 of the Town Law to the Town for a no cost extension of the United
Wappinger Water District, to be known as Extension No.2 to the United Wappinger Water
District (Extension No.2); and
WHEREAS, on June 25,2012 by Resolution 2012-191 the Town Board authorized
Morris Associates PLLC to prepare a Map, Plan and Report for a no cost extension of the
UWWD to the Shaft 6B site on River Road; and
WHEREAS, Morris Associates PLLC has prepared a Map, Plan and Report dated July
2012 for Extension No.2 to the United Wappinger Water District, a copy of which is attached to
the Petition; and
WHEREAS, the Town Board has previously determined that Extension No.2 is a Type
1 action and has declared its intent to serve as lead agency for purposes of under SEQRA.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby accepts the Petition for Expansion of Water District
submitted by DEP and determines that it satisfies the criteria of Town Law S 191
in that it is signed by all of the owners of taxable real property situate in the
proposed extension.
3. The Town Board hereby accepts the Map, Plan and Report for Extension No.2 to
the United Wappinger Water District prepared by Morris Associates PLLC dated
July 2012, a copy of which is affixed to the Petition.
4. The Town Board hereby directs the Town Clerk to file in her office the Petition
with annexed Map, Plan and Report for the proposed Extension No.2 to the
United Wappinger Water District in accordance with the provisions of Article 12
of the Town Law.
5. The Town Board hereby directs the Engineer to the Town and the Attorney to the
Town to provide the Petition and Map, Plan & Report to any necessary parties or
agencies for purposes of conducting an environmental review of Extension No.2
and to circulate for Lead Agency status in accordance with SEQRA.
6. The Town Board directs that the Town Clerk forward a certified copy of this
resolution together with a copy of the Petition with exhibits, including the Map,
Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to
prepare the necessary proceedings, findings and public interest order necessary to
extend the Water District in accordance with the subject Petition, the attached
Map, Plan and Report and Article 12 of the Town Law.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
8/13/2012
The Resolution is hereby duly declared adopted.
~~
ISTINE FULTO , TOWN CLERK
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JULY 2012
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TABLE OF CONTENTS
PAGE NO.
I. SUMMARY
1.1 Summary
1.2 Recommendations
II. INTRODUCTION
2.1 Background
2.2 Purpose and Scope
III. DESCRIPTION OF SERVICE AREA AND RECOMMENDED
IMPROVEMENTS
3.1 Service Area Boundary
3.2 Water System Demands
3.3 Recommended Improvements
IV. PROJECT COSTS AND USER COSTS
4.1 Operation and Maintenance Costs
LIST OF APPENDICES
APPENDIX A - Intergovernmental Agreement (IGA)
APPENDIX B - Petition for Extension of UWWD to Service NYCDEP
APPENDIX C - Service Area Plan to NYCDEP Parcel
APPENDIX D - Capital Cost Estimate
Back Pocket - United Wappinger Water District Map
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MAP, PLAN AND REPORT FOR UWWO
EXTENSION TO SERVICE NYCOEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 1
JULY 2012
I. SUMMARY
1.1 Summary
This report is for the extension of water service from the United Wappinger
Water District (UWD) to service the NYCDEP Shaft 6 Parcel located on River
Road in the Town of Wappinger. The Intergovernmental Agreement
between the Town of Wappinger and the NYCDEP is included in Appendix A
of this report and contains background information on the proposed
extensfon, which is referred to as Phase 1 in the Interg0vernmental
Agreement.
This Map, Plan and Report includes the boundaries and general plan for the
extension, a report of existing and future water demands, a report of the
proposed method of operation, and the location of the water system
components.
The NYCDEP has agreed to pay for all of the capital costs associated with
the extension of service. The proposed improvements are described in
Chapter III, while Chapter IV discusses the total annual costs for the
NYCDEP Parcel.
It is estimated that the annual Operation and Maintenance Costs for the
NYCDEP parcel water system will be approximately $99,150, based. upon an
average daily'water usage of 169,200 gallons per day (GPO). The total costs
shown above are for the average daily water demand. Water usage less
than average will result in lower payments and water usage more than
average will result in higher payments. The NYCDEP parcel is the only
parcel proposed to be served by this extension, although the proposed
extension has been sized to allow for future extension of service to residents .
in the Chelsea Hamlet area, which is referred to as Phase 2 in the
Intergovernmental Agreement.
1.2 Recommendations
It is recommended that the Town Board review the proposed extension and
proceed as set forth in Town Law Article 12 for the creation of a Water
District Extension by petition. A copy of the petition signed by the NYCDEP is
included in Appendix B of this report.
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MAP, PLAN AND REPORT FOR UWWD
. EXTENSION TO SERVICE NYCDEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 2
JULY 2012
II. INTRODUCTION
2.1 8ackoround
The NYCDEP DEP has identified leaks in sections of the Delaware Aqueduct
and has committed capital funds to address such leaks to ensure the long-
term sustainability of its ability to supply water through the Delaware
Aqueduct as part ofa project known as "Water for the Future", In connection
with this NYCDEP project, NYCDEP plans to construct a new tunnel
segment to bypass a leaking section of the existing Delaware Aqueduct
tunnel. The NYCDEP will construct two new shafts, one on each side of the
Hudson River to allow for tunnel construction and to provide future tunnel
access, and one of these shafts, Shaft 68, will be constructed on the parcel
located along River Road in the Town of Wappinger.
During construction of the tunnel bypass, the NYCDEP has requested that
the United Wappinger Water District (UWWD) service be extended to supply
water to this parcel, as well as to provide for a future extension of service to
the nearby residential area known as Chelsea Hamlet. The Town of
Wappinger, on behalf of the UWWD and the City of New York have entered
into an Intergovernmental Agreement (IGA) for the installation of a 12" water
main extension and appurtenances. This agreement appears in Appendix A
of this report. This agreement calls for the NYCDEP to pay for all of the
capital costs associated with this proposed extension. This agreement
indentifies the proposed extension to the NYCDEP parcel as Phase 1 and
also refers to a future extension to the Chelsea Hamlet area as Phase 2. A
separate Map, Plan and Report will be prepared for the future extension to
the Chelsea Hamlet area.
2.2 Purpose and Scope
The Map, Plan and Report identifies the specific boundaries of the proposed
service area, including a plan and tax map information, and also estimates
the total annual costs for the NYCDEP parcel.
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MAP, PLAN AND REPORT FOR UWWD
EXTENSION TO SERVICE NYCDEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 3
JULY 2012
III. DESCRIPTION OF SERVICE AREA AND PROPOSED IMPROVEMENTS
3.1 Service Area Boundary
The service area is indicated on the Service Area Plan included in Appendix
C of this report. As shown on the plan, the extension includes the
installation of approximately 20,000 LF of new 12 inch water main and
appurtenances from the United Wappinger Water District (near the
intersection of CR 28 and Cayuga Drive) to the New York City Department of
Environmental Protection Shaft 6 site (parcel 135689-6056-01-288977).
3.2 Water System Reauirements
This section evaluates the various aspects of water supply for the extension
including:
1. Water System Demands.
2. Adequacy of Existing System.
3.2.1 Water System Demands
The estimated water system demands for the NYCDEP parcel were
obtained from the NYC DEP and represent the projected water
demands associated with the construction of a bypass tunnel. The
bypass tunnel is scheduled to be constructed from September 2013
to December 2022. This demand will only be needed during the
construction period and is considered to be a temporary water
demand, although the water main being installed will become a
permanent part of the UWWD. The estimated demands for the
NYCDEP parcel are as follows:
Total Estimated Maximum Flow Rate =
169,200 GPO
200 GPM
Total Estimated Average Oay Demand =
3.2.2 Adequacy of Existino Systems
Based upon monthly operating reports for the UWWD, the estimated
existing average day demand for the UWWO is approximately 1.0
million gallons per day (MGD), while the projected future average day
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MAP, PLAN AND REPORT FOR UWWD
EXTENSION TO SERVICE NYCDEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 4
JULY 2012
demand for the current UWWD is approximately 1.23 MGD.
According to the results of previous capacity studies, the excess
capacity within the UWWD is limited by the available source capacity.
The excess capacity within the system that could support extensions
to the existing water system was reported to be approximately
190,000 gallons per day (GPD) or 0.19 MGD on an average day
basis. The inclusion of the Meadowwood well field would increase the
current excess source capacity to approximately 0.42 MGD on an
average day basis, based on the reported capacity of the
Meadowwood wells.
The total estimated average day demand for the NYCDEP extension
is approximately 169,200 GPD (0.169 MGD). As this value is less
than the available excess source capacity of 0.19 MGD, adequate
source capacity is available to support the proposed extension,
without inclusion of the Meadowwood wells.
The UWWD has a total of two (2) storage tanks, with reported
operational capacities of 1.1 and 0.6 million gallons (MG). Since the
future average demand of the UWWD is estimated at 1.23 MGD, an
excess storage capacity of 0,47 MG will be available, which is greater
than the estimated demand of 0.169 MGD for the NYCDEP parcel.
As a result, adequate storage capacity is available to support the
proposed extension.
The proposed 12" distribution main was sized to support a fire flow
demand of 750 GPM throughout the extension area. Hydrant flow
tests near the point of connection indicate that a residual pressure of
98 psi is available at a fire flow demand of 750 GPM. The proposed
extension elevations are lower that at the point of connection and
minimum pressures will be maintained throughout the distribution
system in conformance with Ten States Standards. The fire flow
demand of 750 GPM is well in excess of the maximum flow rate of
200 GPM for the NYCDEP parcel, and has been sized to allow for
future extension of service to the residential parcels within the
Chelsea Hamlet area.
3.3 Proposed Improvements
Service to the NYCDEP parcel is based upon the NYCDEP funding all of the
required water system infrastructure improvements for the proposed
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MAP, PLAN AND REPORT FOR UWWD
EXTENSION TO SERVICE NYCDEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 5
JULY 2012
extension, subjectto review and approval ofthe Health Department. Based
upon this assumption, there will be no additional capital improvements
required for the extension.
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MAP, PLAN AND REPORT FOR UWWD
EXTENSION TO SERVICE NYCDEP SHAFT 6 PARCEL
TOWN OF WAPPINGER
PAGE 6
JULY 2012
IV. PROJECT COSTS AND USER COSTS
Cost information for the extension to service the NYCDEP parcel is presented in this
section. There are no capital costs associated with this project, as NYCDEP will pay
for all of the required water system infrastructure improvements to support the
proposed extension, subject to review and approval of the Health Department. The
preliminary estimated capital costs for the proposed extension are shown in Appendix
D. A total of $9 million has been allocated for the extension as indicated in the
Intergovernmental Agreement, which is well above the preliminary total estimated
capital costs of approximately $7.22 million shown in Appendix D. The $9 million
represents the maximum costs of the improvements and results in $1.78 million in
additional available contingencies.
All facilities within the public right-of-way and/or easements, not including services on
private properties, will become part of the United Wappinger Water District (U'NWD).
The Operation and Maintenance Costs (O&M) are based upon the current O&M
charges for the U'NWD.
4.1 Operation and Maintenance Costs
Operation and maintenance (O&M) costs are estimated based on a flat fee
plus usage charge. The flat fee rate is $47.87 per quarter. This flat fee
covers the first 18,700 gallons per quarter used. An additional $1.20 per 748
gallons used is added to any parcel that exceeds 18,700 gallons. The
estimated quarterly usage for the NYCDEP parcel is: 169,200 GPD x 365/4 =
15,439,500 gallons. The total quarterly charges would be $47.87 +
$24,739.25 = $24,787.12. This would equate to a total annual O&M cost of
approximately $99,150.
The total costs shown above are for the average daily water demand. Water
usage less than average will result in lower payments and water usage more
than average will result in higher payments.
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APPENDIX A
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AGREEMENT BETWEEN THE CITY OF NEW YORK AND THE
TOWN OF WAPPINGER, NEW YORK FOR CONSTRUCTION OF
A WATER SUPPLY AND DISTRIBUTION SYSTEM
TillS AGREEMENT ("Agreement") is made and entered into as of the _ day
of _, 2012, by and between the
CITY OF NEW YORK ("City"),
a municipal corporation of the State of New York, acting by and through
NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"),
having its principal office at 59-17 Junction Boulevard, Flushing, New York 11373,
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TOWN OF WAPPINGER ("Town"),
a municipal subdivision of the State ofN ew York, acting by and through its Town Board.,
and the Town Board of the Town of Wappinger, acting for and on behalf of
the United Wappinger Water District, an administrative unit of the Town of Wappinger,
with its principal office at Town Hall, 20 Middlebush Road., Wappingers Falls, New York 12590,
(each a "Party" and collectively the "Parties").
WHEREAS, DEP operates and maintains the New York City water supply system and is
responsible for providing drinking water to more than eight million residents in New York City, as
well as approximately one million upstate residents; and
WHEREAS, DEP bas identified leaks in sections of the Delaware Aqueduct and has
committed capital funds to.address such leaks to ensure the long-term sustainability of its ability to
supply water through the Delaware Aqueduct as part of a project known as "Water for the Future";
and
WHEREAS, in connection with DEP' s Water for the Future project, DEP plans to construct
a new tunnel segment to bypass a leaking section of the existing Delaware Aqueduct tunnel; and
WHEREAS, as part of Water for the Future, DEP will construct two new shafts, one on each
side of the Hudson River to allow for tunnel construction and to provide future tunnel access, and
one of these shafts, Shaft 6B, 'Will be constructed on the eastern side of the Hudson River on City
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property located in the Town (the "Site"); and
WHEREAS, the Town and the City have entered into a certain Agreement in Principle,
dated May 15,2012, in order to provide for an adequate water supply atthe Site during construction,
and, to the extent funds are available, provide a water supply distribution system to the residential
area surrounding the Site known as Chelsea Hamlet; and
WHEREAS. consistent with the provisions of the Agreement in Principle, the City and the
Town have negotiated this Agreement to construct a water main to the Site, and. to the extent that
funds are aviilable as hereinafter provided, to install a new water distribution system in the Chelsea
Hamlet area; and
WHEREAS, in order to implement the construction of the 12 inch water main, the Town
Board of the Town of Wappinger (the "Town Board") agrees to take all required legal steps pursuant
to the provisions of Article 12-A of the NY Town Law to extend the boundary of the United
Wappinger Water District (UWWD) to include the Site so as to provide the water services above
described.
NOW, THEREFORE, in consideration of the premises and respective representations and
agreements hereinafter contained, the parties hereto agree as follows:
1. Recitations Incorporated.
The recitations above set forth are hereby incorporated into this Agreement as if fully set forth
herein.
A. Registration Required.
This Agreement shall not take effect until it is registered by the Comptroller of the City of New
York. The City will take all steps reasonable and practicable to have this Agreement registered as
soon as possible after the Parties have executed same.
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2. Definitions of Terms
A. "City" - The City of New York.
B. "ToV\TIl" - The Town of Wappinger, County of Dutchess, a municipal corporation.
C. "DEP" - New York City Department of Environmental Protection.
D. "Site" - The real property owned by the City of New York located on River Road, in the
Town of Wappinger, County of Dutchess designated as tax. parcel 135689-6056-01-288977
which contains an existing shaft for access to the Delaware Aqueduct and up~:m'wbich Shaft
6B shall be constructed.
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E. "UWWD" - United Wappinger Water District, an administrative unit of the Town of
Wappinger.
F. "Project Work" - All work contemplated by this Agreement which shall include:
(I) Phase I Design Work more specifically set forth in Section 5 and shown in
Exhibit A.
(II) Phase I Construction Work more specifically set forth in Section 6.
(m) Phase II Design Work more specifically set forth in Section 7.
(IV) Phase II Construction Work more specifically set forth in Section 8.
G. "Phase I Water Main" - The 12 inch diameter permanent water main, with all necessary
appurtenances thereto, in the Town of Wappinger between the nearest existing piping
connection point in the United Wappinger Water District (UWWD) water main distribution
system, located in the vicinity of State Highway Route 9 and Old Hopewell Road, and the
Site's property line on River Road.
H. "Phase II Water Main" - The 8 inch diameter permanent Water Main, with all necessary
appurtenances thereto, from the Site through the Phase II Service Area as shown on Exhibit
A hereto or as otherwise approved in writing by DEP.
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1. "Phase II Service Area" - The area of the Chelsea Hamlet shown in Exhibit A annexed
hereto or as otherwise approved in writing by DEP.
J. ''Necessary Approvals" - Receipt of all permits and approvals from any applicable
regulatory authorities, agencies or governmental bodies that are required by law to perform
specified work or engage in the specified activity.
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K. "Engineer to the Town" - Morris Associates Engineering Consultants, PLLC or other
engineering firm retained by the Town to complete the work herein.
3. Commencement ofProiect Work.
Milestones. The Town shall undertake and perform all of the tasks necessary to complete the
Project Work in accordance with the milestone dates set forth in Exhibit B hereto.
4. Expiration and Extension of Aereement.
Unless otherwise extended in writing by both parties, this Agreement shall expire on the completion
of the Delaware Aqueduct Rondout- West Branch Tunnel (R WBT) Bypass Project portion of Water
for the Future program, unless terminated sooner by either Party pursuant to this Agreement, and the
Parties have.otherwise fulfilled all the obligations required of them by this Agreement.
5. Phase I Desiro Work
A. The design work described in this section (the "Phase I Design Work") shall be
completed by the Town, through its professional consultants and such other professionals
that shall be required.
B. Scope of Design Work.
The scope of services for the Phase I Design Work shall comprise all engineering, surveying,
scientific, legal and other professional services that are necessary to complete the following tasks:
(1) Phase 1 Water Main Extension Design
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(a) Selection of a route and prepare a design of the Phase I Water Main in
accordance withDEP's rights set forth in Section S.C.
(b) Conduct all necessary field engineering and survey work (including the
use of aerial photography and GIS mapping as necessary);
(c) Perform soil borings and investigate the results;
(d) Prepare plans and specifications for the design and construction of the
Phase I Water Main (the "Phase I Plans and Specifications");
(i) The Phase I Plans and Specifications shall be developed in
accordance with the Recommended Standards for Water Works [2007
Edition]: Policies for the Review and Approval of Plans and
Specifications for Public Water Supplies, NYSDOH sanitary health
code Subpart 5-1, andlor any other applicable guidelines set forth by
the New York State Department of Health.
(ii) The Phase I Water Main must be capable of providing DEP with a
potable supply of water at the Site from September 2013 to December
2022, or the completion of the Water for the Future Project, whichever
is later, in an amount of at least 169,200 gallons per day at a maximum
flow rate of 200 gallons per minute.
(ill) The Phase I Water Main shall be in substantial accordance with
the maps on Exhibit A hereto.
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(II) SEORA Review
(a) The Town Board of the Town of Wappinger intends to serve as lead
agency for the Project Work under the State Environmental Quality Review
Act ("SEQRA"). The Town intends to conduct a coordinated review of the
project and shall circulate its intent to serve as lead agency to all involved
parties as defined under the SEQRA Regulations, including DEP.
(b) The SEQRA environmental assessment shall encompass Phase I and
Phase II of the Project.
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(c) The Town shall conduct an environmental assessment of the Project
Work that will address all potential impacts under SEQRA and the SEQRA
regulations.
(d) Upon request by DEP, the Town shall prepare and submit, for review and
comment by DEP within two weeks of the submission date, all requested
documentation determined to be necessary by DEP in order to conduct a
legally complete environmental review of the Project following SEQRA
guidelines.
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(III) Phase I Extension ofUWWD
(a) In order to provide water service to the Site the Town is required to
extend the boundaries of the UWWD to include the Site in accordance with
the provisions of Article 12 of the NY Town Law. The Town will undertake
any and all actions and seek all Necessary Approvals for such extension,
including, ~ut not limited to:
(i) Accept Petition ofDEP to extend UWWD;
(ii) Obtain Necessary Approvals from the New York State
Department of Environmental Conservation (''NYS DEC") or other
regulatory authorities; and
(iii) File order extending district with County Clerk.
(IV) Phase I Easements.
(a) Prior to the commencement of the Phase I Construction Work, and in a
manner that ensures the Townwill remain in compliance with the milestones
set forth on Exhibit B, the Town is required to obtain easements from the
owners of certain lands along the route of the Water Line granting the Town
and its Contractors the necessary rights in and over all highways, roads,
streets and other public and private property, together with the rights of
ingress and egress, to construct, operate and maintain the Project.
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(b) As soon as possible, the Town shall prepare a list of property owners
from which an easement is required and submit such list to DEP.
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( C) In the event the Town learns or has reason to believe it will not be able to
obtain any easement required to complete the' Project and/or the Town
intends to initiate condemnation proceedings, the Town. must immediately
notify DEP,
MPhase I Eminent Domain ProceedinQ:s (if necessary)
(a) Where the Town does not have the right of way for construction of the
Phase I Water Main and the owner of the real property will not consent to the
Town's use of the property, eminent domain proceedings will be necessary to
obtain a right of way or other interest to allow for construction. The Town
will undertake any and all actions and seek all approvals necessary under the
Eminent Domain Proceedings Law ("EDPL") applicable to the Town of
Wappinger, including, but not limited to:
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(i) Obtain surveys and appraisals for all properties subject to the
EDPL proceedings;
(n) Preparing all necessary documentation and Commencing and
prosecuting any actions to obtain necessary easements, rights of way,
or fee interests necessary for construction of the Phase I Water Main
under the EDPL including the filing of a taking map with the Dutchess
County Clerk;
(in) Awarding the cost of such appraised easement to the property
owner.
(VI) Phase I Permits.
(a) The Town shall obtain all Necessary Approvals and make all necessary
notifications or modifications with respect to its existing permits for the
Project in a timely manner so as to prevent delays in meeting any and all of
the deadlines set forth in this Agreement.
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(b) The Town shall obtain any additional permits that may be required.
(c) Upon request, the Town shall provide DEP with a copy of any permit
application.
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(d) In the event that the Town learns it may not obtain a Necessary Approval
prior to a related milestone date, the Town shall notify DEP immediately, in
writing, in accordance with the provisions of Section 17 herein.
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(VII) Phase I Construction Planning & Contract Preparation
(a) As part of the Ph~e I Design Work, the Town shall complete all work
necessary, to draft, bid and award the construction contract and prepare for
the management of the Phase I Construction Work (the "Phase I Construction
Contract"), including, without limitation:
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(i) providing cost estimates of the Phase I Construction Work (as
hereinafter defined),
(ii) producing the contract, specifications and bid documents,
(iii) developing testing protocols, and
(iv) preparing construction management plans.
(b) The Phase I Construction Contract shall contain all clauses required
pursuant to Section 20 of this Agreement and otherwise be consistent with all
of the terms and conditions set forth in this Agreement.
(c) The Town may split the Phase I Construction Work into sections or
phases and advertise for and award more than one contract.
(d) The T own reserves the right to use its own employees to perform portions
of the Phase I Construction Work that it deems fit.
c. DEP Phase I Desi~ Review & Contract Review
(1) Prior to the completion of the Phase I Design Work, DEP shall (i) review the
drawings and specifications that will be included for bidding in accordance with the
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provisions of this section and (ii) approve the selection of the route for the Phase I
Water Main.
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(II) In accordance with the time frames set forth in Exhibit B, the Town shall submit
the Phase I Plans and Specifications to DEP for review when they are ninety percent
(90%) complete and DEP shall review and comment upon the Plans and
Specifications within two weeks. To the maximum extent possible, the Town shall
incorporate any and all revisions necessitated by DEP's review and comments in its
final Plans and Specifications, provided that such Plans and Specifications ensure
that the Town will meet its obligations to provide water as described herein and on
Exhibit C hereto.
(III) A copy of the Contract, Drawings, Specifications and Bidding Documents for
the Phase I Construction Work shall be submitted to DEP for review at least fourteen
(14) business days prior to award thereof, or if procurement is by a competitive
sealed bid, at least fourteen (14) business days prior to release of the contract bid
solicitation, and DEP shall be permitted to provide comments thereto at least three
business days prior to the contract bid solicitation date. To the maximum extent
possible, the Town shall incorporate any and all revisions necessitated by DEP's
review and comments. .
(IV) A complete original set of the final approved and stamped plans must be
provided to DEP prior to the commencement of Phase I Construction Work.
D. Advertising for Bids and Letting of Contracts for Phase I
(I) Advertising for bids for the Phase I Construction Wark shall take place on or
before the date set forth in Exhibit B
(II) The Town reserves the right to reject all bids and to re-advertise for bids.
(III) After opening the bids at the time and place specified in the Notice to Bidders,
the Town shall review the bids for completeness and responsiveness to the bid
solicitation documents and determine the lowest responsible bidder.
(IV) Review of Bidders by DEP
9
(a) Promptly after the opening of the sealed bids, the Town shall provide the
DEP with a list of the bidders' names and the bid amounts.
(b) Within three (3) business days of the Town providing such notice of
bidders, the DEP shall have the opportunity to provide notice to the Town
that based on DEP' s opinion the bidder does not have a satisfactory record of
business integrity or would otherwise be found to be a non-responsible bidder
by DEP or that DEP has reason to believe such contractor will be unable to
perform the Work according to the Phase I Plans and Specifications.
(c) If DEP does not provide an objection to the Town within three (3)
business days, DEP shall waive its opportunity to object.
(d) The Town reserves the right to determine the lowest responsible bidder in
accordance with Article 5-A of the General Municipal Law, notwithstanding
any information supplied by DEP.
6. Phase I Construction Work.
A. The commencement of Phase I Construction Work shall not occur prior to:
(I) Completion of the requirements set forth under SEQRA for the .Project;
(II) Receipt of all Necessary Approvals that must be obtained in order to commence
such work; and
(III) The adoption of an order of the Town. Board extending the jurisdictional
boundaries of the UWWD to include the Site.
B. Award of Contract.
(1) In accordance with the time frames set forth in Exhibit B hereto, the Town shall
award one prime contract (which may allow for additional subcontracts) for the
Phase I Construction covering all labor, materials and work necessary to construct
the Phase I Water Main, or portions thereof; unless upon good cause shown by the
Town, DEP authorizes the award of more than one prime contract.
10
(II) The Town shall irrunediately notify DEP of any contract award. Upon request,
the Town shall provide the City with a copy of each contract or subcontract entered
into by it with respect to any aspect of the Work.
(III) The Phase I Construction Work shall be prosecuted diligently and performed in
an orderly, expeditious and professional manner and in strict conformance with the
milestones set forth on Exhibit B and Final Phase I Plans and Specifications.
(IV) DEP shall have the right (and the Town shall provide DEP with access to the
work site as needed) to inspect the Phase I Construction Work from time to time to
determine whether the Phase I Construction W ork i~ being prosecuted diligently and
in strict conformance with the Final Phase I Plans and Specifications and in an
orderly, expeditious and professional manner.
(V) DEP must be provided written notice of any and all changes orders for the
Phase I Construction Contract prior to execution thereof, unless necessitated by an
emergency condition.
(VI) Progress Reports. The Town shall submit written. monthly progress reports to
DEP, on the first day of each month after the commencement of construction, on the
progress of the Phase I Construction Work, which reports shall include:
(a) a report on work completed in the past month,
(b) any Phase I Construction Work that may not or will not be completed in
accordance with the Final Plans and Specifications, and
(c) any Phase I Construction Work that the Town anticipates may be delayed
or not completed in accordance with the milestones established in Exhibit B
hereto for any reason.
7. Phase n Desif!D Work
A. After the award of the Phase I Construction Work, the Town will commence the detailed
design of Phase II as shown in Exhibit A unless otherwise approved by DEP, in accordance
with the dates set forth in Exhibit B.
11
B. The Phase II Design Work and the Phase II Service Area may be further modified by
subsequent agreement of the parties based on the funding available for Phase II.
C. Scope of Phase II Design Work.
The scope of services for the Phase II Design Work shall comprise all engineering,
surveying, scientific, legal and other professional services that are necessary to complete the
Phase II Design Work and the extension of UWWD as necessary.
(I) Phase II Extension of UWWD
(a) In order to provide water service from.the UWWD, the Town will
undertake any and all actions necessary and obtain all approvals required to
extend the boundaries of the UWWD to include the Phase II Area in
accordance with the provisions of Article l2-A of the NY Town Law,
including, but not limited to:
(i) Obtaining approval :from the Town Board,
(ii) Obtaining any necessary approvals from NYS DEC and the
Office of the NYS Comptroller;
(iii) Complying with any notice and hearing obligations; !IDd
(iv) Filing order extending district with County Clerk if no
referendum or successful referendum.
(II) Phase II Water Main Extension Design
(a) Select a route and prepare a design of the Phase II Water Main in
accordance withDEP's right of approval set forth in Section 7.D
(b) Conduct all necessary field engineering and survey work (including the
use of aerial photography and GIS mapping as necessary);
( c) Perform soil borings and investigate the results;
(d) Prepare plans and specifications for the design and construction of the
Phase II Water Main;
12
(i) The plans and specifications for the Phase II Water Main shall be
developed in accordance with the Recommended Standards for Water
Works [2007 Edition]: Policies for the Review and Approval of Plans
and Specifications for Public Water Supplies, NYSDOH sanitary
health code Subpart 5-1, andlor any other applicable guidelines set
forth by the New York State Department of Health.
I'
(III) Phase II Easements.
(a) Prior to the commenceme~t of the Phase II Construction Work, and in a
manner that ensures the Town will remain in compliance with the milestones
set forth on Exhibit B, the Town is required to obtain easements from the
owners of certain lands along the route of the Phase II Water Line granting
the Town and its contractors the necessary rights in and over all highways,
roads, streets and other public and private property, together with the rights
of ingress and egress, to construct, operate and maintain the Project.
(b) In the event the Town learns or has reason to believe it will not be able to
obtain any easement required to complete the Project and/or the Town
intends to initiate condemnation proceedings, the Town must immediately
notify DEP.
(IV) Phase II Eminent Domain Proceedings (if necessary)
(a) Where the Town does not have the right of way for construction of the
Phase II Water Main and the owner of the real property will not consent to
the Town's use of the property, Eminent Domain proceedings will be
necessary to obtain a right of way or other interest to allow for construction
and will be conducted in the same manner as for Phase I as described herein.
01) Phase II Permits.
(a) The Town shall obtain all Necessary Approvals and make all necessary
notifications or modifications with respect to its existing permits for the
Project in a timely manner so as to prevent delays in meeting any and all of
the deadlines set forth in this Agreement.
13
(b) The Town shall obtain any additional permits that may be required.
(c) Upon request, the Town shall provide DEP with a copy of any permit
application.
!.
i.
(d) In the event that the Town learns it may not obtain aN ecessary Approval
prior to a milestone date, the Town shall notify DEP immediately, in writing,
in accordance with the provisions of Section 17 herein.
(VI) Phase II Construction Planning & Contract Preparation
(a) As part of the Phase II Design Work, the Town shall complete all work,. .
necessary to draft, bid and award the construction contract and prepare for
the management of the Phase II Construction Contract, including, without
limitation:
(i) providing cost estimates of the Phase II Construction Work (as
hereinafter defined),
(ll) producing the contract, specifications and bid documents,
(iii) developing testing protocols, and
(iv) preparing construction management plans.
(b) The Phase II Construction Contract shall contain all clauses required by
Section 20 of this Agreement and otherwise be consistent with all of the
terms and conditions set forth in this Agreement.
(c) The Town may split the Phase II Construction Work into sections or
phases and allow for multiple contractors for the Phase II Construction Work.
(d) The Town reserves the rightto use its own employees to perform portions
of the Phase II Construction Work that it deems fit.
D. DEP Design. Review & Contract Review for Phase II
(1) Prior to the completion of the Phase II Design Work, DEP shall (i) review the
drawings and specifications that will be included for bidding in accordance with the
14
provisions of this section and eii) approve the selection of the distribution area for the
Phase IT Construction Work.
(II) The Town shall submit the Plans and Specifications for the Phase n Water Main
to DEP for review when they are ninety percent (90%) complete and DEP shall
review and comment upon the Plans and Specifications within two weeks. To the
maximum extent possible, the Town shall incorporate any and all revisions
necessitated by DEP's review and comments in its final Phase n Plans and
Specifications.
(III) A copy of the Construction Contract, drawings, Plans and Specifications and
bidding documents for the Phase n Construction Work shall be submitted to DEP for
review at least thirty (30) days prior to award thereof, or if procurement is by a
competitive sealed bid, at least thirty (30) days prior to release of the contract bid
solicitation, and DEP shall be permitted to provide comments thereto at least five (5)
business days prior to the contract bid solicitation date. To the maximum extent
possible, the Town shall incorporate any and all revisions necessitated by DEP's
review and comments.
~
(IV) A complete original set of the final approved and stamped plans must be
provided to DEP prior to the commencement of Phase II Construction Work.
E. Advertising: for Bids and Letting of Contracts for Phase n
(I) Advertising for bids for the Phase II Construction Work shall take place on or
before the date set forth in Exhibit B.
(II) The Town reserves the right to reject all bids and to re-advertise for bids.
(Ill) After opening the bids at the time and place specified in the Notice to Bidders,
the Town shall review the bids and review the bids for completeness and
responsiveness to the bid solicitation documents and determine the lowest
responsible bidder.
(IV) Review of Bidders bv DEP
15
(a) Promptly after the opening of the sealed bids, the Town shall provide the
. DEP with a list of the bidders' names and the bid amounts.
(b) Within three (3) business days of the Town providing such notice of
bidders, the DEP shall have the opportunity to provide notice to the Town
that based on DEP' s opinion the bidder does not have a satisfactory record of
business integrity or would otherwise be found to be a non-responsible bidder
by DEP or that DEP has reason to believe such contractor will be unable to
perform the Work according to the Plans and Specifications.
(c) If DEP does not provide an objection to the Town within three (3)
business days, the DEP shall waive its opportunity to provide notice.
(d) The Town reserves the right to detennine the lowest responsible bidder in
accordance with Article 5-A of the General Municipal Law, notwithstanding
any information supplied by DEP.
8. Phase II Construction Work.
A. The commencement of Phase II Construction Work shall not occur prior to:
(I) Completion of the requirements set forth under SEQRA for the Project;
(II) Receipt of all Necessary Approvals that must be obtained in order to commence
such work; and
(III) Adoption of an order of the Town Board extending the. jurisdictional
boundaries of the UWWD to include the Phase II Service Area.
B. Award of Phase II Construction Contract
(I) In accordance with the time frames set forth in Exhibit B hereto, the Town shall
award one prime contract (which may allow for additional subcontracts) for the
Phase II Construction Contract covering all labor, materials and work necessary to
construct the Phase II Water Main, or a portion thereof; unless upon good cause
shown by the Town, DEP authorizes the award of more than one prime contract.
16
~-
r-
(II) The Town shall immediately notify DEP of any contract award. Upon request,
the Town shall provide the City with a copy of each contract or subcontract entered
into by it with respect to ariy aspect of the Work.
(Ill) The Phase II Construction Work shall be prosecuted diligently and performed
in an orderly, expeditious and professional manner and in strict conformance with the
final plans and specifications prepared during the Phase II Design Work (referred to
in this section as the "Phase II Final Plans and Specifications").
(IV) DEP shall have the right (and the Town shall provide DEP with access to the
work site as needed) to inspect the Phase II Construction Work from time to time to
determine whether the Phase II Construction Work is being prosecuted diligently and
in strict conformance with the Phase II Final Plans and Specifications and in an
orderly, expeditious and professional manner.
(V) DEP must be provided written notice of any and all changes orders for the
Phase II Construction Contract prior to execution thereof, unless necessitated by an
emergency condition.
(VI) Progress Reports. The Town shall submit written monthly progress reports to
DEP, on the first day of each month after the commencement of construction, on the
progress of the Phase II Construction Work, which reports shall include:
(a) a report on work completed in the past month,
(b) any Phase II Construction Work that may not or will not be completed in
accordance with the Phase II Final Plans and Specifications, and
(c) any Phase II Construction Work that the Town anticipates may be
delayed or not completed in accordance with the milestones established in
Exhibit B hereto for any reason.
9. Costs.
A. Eligible Costs. Subject to the restrictions set forth in this Section 9 and Section 10, the
City agrees to pay for costs ("Eligible Costs") associated with the design, administration,
17
construction, inspection and implementation of the Project Work in accordance with the
terms and conditions in this Agreement It is contemplated that the Phase I and Phase II
Design Work will require professional engineering and surveying services, as well as legal
services required for contract review and administration and the formal extension of the
district boundaries of the UWWD in order to implement the provisions of this Agreement.
The Eligible Costs shall include:
(I) the actual cost to the Town to perform the Phase I and Phase IT Design Work;
(II) the actual cost of the Phase I and Phase IT Construction Work performed by the
contractor(s) in accordance with competitively bid contract work pursuant to General
Municipal Law S 103, including the cost of premiums for all insurance and/or
performance and payment bonds required by this Agreement;
1,
!'.
(III) the actual cost of any pre-approved interim financing that the Town may incur
for funding Eligible Costs between the execution of said Agreement and the :first
payment by the City;
(IV) reasonable attorney's fees incurred by the Town for all legal work in
connection with the implementation of this Agreement; and
(V) Other costs directly related to the Project Work that may be approved by DEP
in writing in advance of the Town expending such amounts.
B. Total Eligible Costs. Notwithstanding anything to the contrary herein, the aggregate total
of all Eligible Costs payable by the City hereunder shall not exceed $11,000,000 ("Total
Eligible Cost").
(a) The Town hereby acknowledges that the City has committed to provide
$100,000 towards the Total Eligible Costs from the NYC Water Board for
services rendered under Town contracts for initial items of Project Work,
which payment may be made prior to this Agreement being registered with
the Comptroller.
(b) The Town will be responsible for any and all costs above the Total
Eligible Costs ($11,000,000).
18
C. Allocation of Total Eligible Costs. The estimated allocation of the Total Eligible Costs is
that Phase I will cost $9,000,000 and Phase II will cost $2,000,000. However, in the event of
any overruns in connection with completing Phase I, the $2,000,000 allocated for Phase IT
shall be applied to Phase I to account for any deficiency in the Phase I budget. In the event
that Phase I is completed for less than the allocated $9,000,000 budget, such additional
unused funds may be allocated towards Phase II. In the event that the Total Eligible Costs
for Phase I are expected to be greater than $9,000,000, either (1) the scope or design of Phase
II shall be modified, as approved in writing by DEP, to account for the reduced funds that
will be available for Phase II or (2) the Town will.be responsible for all costs above
$11,000,000. In the event that Phase I and II cost less than the allocated $11,000,000, the
Town may submit a request in writing to DEP to use any remaining funds towards additional
water main work in the vicinity of the Site. The Town shall make such request for remaining
funds as soon as possible after the award of the Phase II Construction Contract, but in no
event later than October 1, 2014, unless otherwise approved in writing by DEP. DEP shall
provide a written response to such request within forty,,;five (45) days.
D. Administration of Funds bv the Town. The Town shall manage, coordinate and
administer the Project costs and payments required in connection with the Project in
accordance with the terms herein, including compliance. with the deadlines set forth in
Exhibit B hereto. The Town shall deposit all funds received pursuant to this Agreement in
an account not to be co-mingled with other sources and shall use such funds solely to fulfill
its obligations hereunder. In no event shall any funds distributed by DEP to the Town under
this Agreement be used for any expense other than Eligible Costs.
10. Pavment.
A. Release of Funds.
(I) Simultaneously with the execution ofthis Agreement, the Town has submitted
an initial budget estimate in the amount of $1,000,000 for the cost of Phase I Design
Work.
19
(II) After the registration of this Agreement with the City Comptroller, the City
shall pay the Town $900,000 for Eligible Costs included in the budget estimate as
soon as possible, but in no event later than ninety (90) days after registration of this
Agreement.
(III) The parties acmowledge and reaffIrm that the Town will be reimbursed for up
to $100,000 in Eligible Costs from the New York City Water Board pursuant to the
Agreement in Principle and shall be paid in accordance with the terms of a letter
from the New York City Water Board dated May 17,2012, which amount will be
deducted from the $1,000,000 request referenced in 10. A. (I).
(IV) Upon completion of the Phase I Design Work, the Town shall submit an
invoice to DEP representing:
f:
(a) the estimated cost of the Phase I Construction Work, as determined and
certified by the Engineer to the Town, plus
(b) an amount no greater than 5% of such estimated Phase I Construction
Costs, which combined amounts are estimated to be approximately
$8,000,000 or less, and which amount the City shall pay to the Town within
ninety (90) days of such invoice. It is expressly understood that under no
circumstances may the Town award any bids for construction until such time
as the funds for the award of construction contracts are deposited with the
Town.
(V) Within thirty days (30) days of the award of the Phase I Construction Contract,
the Town shall submit an invoice to DEP representing the estimated amount of the
Eligible Costs of the Phase II Design Work, which amount is estimated to be
$500,000. Within ninety (90) days of submission of the invoice, the City shall pay to
the Town the amount set forth in said invoice.
(VI) Upon completion of the Phase IT Design Work, the Town shall submit an
invoice to DEP representing:
20
i:'"
(a) the estimated cost of the Phase II Construction Work (minus any funds
that may be remaining from the Phase I Construction W ark), as determined
and certified by the Engineer to the Town, plus
(b) an amount no greater than 5% of such estimated Phase IT Construction
Costs, which combined amounts are estimated to be approximately
$1,500,000, and which amount the City shall pay to the Town within ninety
(90) days of such invoice. It is expressly understood that under no
circumstances can the Town award any bids for construction until such time
as the funds for the award of construction contracts are deposited with the
Town.
:I~
B. Payments bv Town
(I) All claims for payments from the Town by consultants and contractors for
Eligible Costs shall be made by itemized voucher in accordance with the provisions
of NY Town Law 9 118. Such vouchers shall include all such documentation
demonstrating that the work has actually been performed, and that the vouchers
represent an Eligible Cost as defined in this Agreement. 'Where appropriate, the
documentation supporting the voucher may include items such as p~chase orders,
canceled checks, certified payroll records and machinery use records.
(II) Promptly after the Town receives a voucher for payment, the Town shall submit
the voucher with supporting documentation to the DEP for review and approval,
within 7 days of receipt of said voucher.
(Ill) After review and approval by the DEP, the Town Board shall audit the
voucher and make payment for approved vouchers in accordance with the provisions
of NY Town Law 99 118 and 119.
C. Reconciliation.
(I) Prior to requesting funding for Phase I Construction Work, Phase IT Design Work
or Phase II Construction Work and upon completion of the Project, the Town shall
21
submit audited & approved vouchers to the DEP detailing the expenses actually
incurred by the Town for approval and reconciliation.
(II) Where DEP's reconciliation indicates that there is an overpayment or
underpayment for prior expenses, the ne?ct payment due from the City shall be
adjusted accordingly.
D. Unspent Funds. Upon completion of the Project or earlier termination of this Agreement
pursuant to Section 34, any funds not actually spent on Eligible Costs as of the date of such
. completion or termination must be reimbursed to the City or applied towards an additional
project to provide water in the vicinity of the Site if approved by DEP in writing prior to
December 31, 2014
E. Ril!ht to Examine the Books. All receipts and disbursements pursuant to this Agreement
are subject to audit by the City or State and the Town agrees to cooperate with any audit of
the agreement undertaken by the City or State. The Town shall ensure that all funds
advanced to it shall be used exclusively for Eligible Costs incurred in connection with
projects and activities set forth herein.
F. Excess Costs. Any costs or expensesbome by the Town which exceed the Total Eligible
Costs, as allocated pursuant to this Agreement, shall be borne by the Town.
G. Delavs or Incomplete Work. If the Town is in material breach of the terms of this
Agreement, including the schedule set forth on Exhibit B, and such breach is not cured
within the time frames set forth in Section 35, in addition to any other rights or remedies
available to it at law or in equity, the City shall be entitled to withhold any future payment
due to the Town in an amount that represents the cost to cure the breach and covering any
reasonable damages resulting directly from such breach.
H. Pavment Dispute. In the event of a dispute as to the value of the work rendered, the
Town's payment requests, or DEP's reconciliation, it is understood and agreed that such
dispute shall be brought to the Commissioner of DEP (the "Commissioner") and the
COnuIDssioner shall determine the value of such work or the accuracy of DEP's
22
reconciliation. The Commissioner shall examine the material submitted by each party and
may, in his or her discretion, convene an informal conference with the relevant parties and
any other designee of the Commissioner to resolve the issue by mutual consent prior to
reaching a detennination. The Commissioner may seek such technical or other expertise as
he or she shall deem appropriate, including the use of neutral mediators, and require any
such additional material from either or both parties as he or she deems fit.
11. Maintenance and Ownership of the Project.
A. The City shall not take title to and shall not be responsible for the repair or maintenance
of the infrastructure created as part of the Project, including any pipes, laterals or other
infrastructure constructed and installed pursuant to this Agreement. The provisions of this
section shall survive the expiration or termination of this Agreement
~;,
12. Water Supply for DEP's Construction Requirements.
A. DEP Water Requirements.
The Town shall complete the Phase I Construction Work by the deadline setforth in
Exhibit B hereto in order to provide DEP with certain water requirements it will have in
connection with its Water for the Future program.. The Final Drawings and
Specifications for the Phase I Water Main must ensure that such water requirements are
met, as described in Section 5.B(I)(d)(i) and Exhibit C and that UWWD operates in
. accordance with the specifications set forth on Exhibit C hereto, and the Town must
continuously operate the Phase I Water Main resulting from this Project to meet such
requirements. The Town hereby represents that the specifications set forth on Exhibit C
accurately represent the safe yield, current and future system demands, water treatment
plant capacity and transmission capacity ofUWWD water and covenants to advise DEP
of any changes to such specifications.
23
B. Water Meter.
(I) The Town shall provide specifications for the water meter(s) that shall be
installed by DEP at the Site. The Water Meter shall be installed by DEP on the Site
in a meter pit, adjacent to the property line on DEP property.
(II) The Water Meter shall be the property ofDEP and shall be installed, maintained
and operated in accordance with the provision of S 234-42 of the Town of Wappinger
Code as it may be amended from time to time.
I'.
(ill) DEP shall give .access to the Town, or contract employees of the Town, to the
area of the meter pit for purposes of inspection, repair, modific~tion or replacement
of the meter.
!:,
C. Water Rate.
For all water provided to the Site, the Town shall charge DEP or DEP's contractors the rate per
gallon that the Town charges its other commercial customers within the UWWD in accordance
with the annual rate schedule published by the Town, pursuant to S 234-44(A) of the Town of
Wappinger Code as it may be amended from time to time.
13. IndeDendent Contractors
A. The Town and DEP agree that the Town and any of its contractors or consultants are
independent contractors and not an employee ofDEP or the City. Accordingly, neither the
Town, its contractors or consultants or any of their respective employees or agents will hold
themselves out as, or claim to be, officers or employees of the City, or of any department,
agency or unit of the City, by reason of this Agreement, and they will not, by reason of this
Agreement, make any claim, demand or application to or for any right or benefit applicable
to an officer or employee of the City, including, but not limited to, Workers' Compensation
coverage, Disability Benefits coverage, Unemployment Insurance benefits, Social Security
coverage or employee retirement membership or credit.
B. All persons who are employed by the Town and all consultants or independent
contractors who are retained by the Town to perform services under this Agreement are
24
neither employees of the City nor under contract with the City. The Town, and not the City)
is responsible for their work, direction, compensation, and personal conduct while engaged
under this Agreement. Nothing in this Agreement shall impose any liability or duty on the
City for the acts, omissions, liabilities or obligations of the Town and its contractors or
consultants, or any of their respective officer~, employees, or agents, or for taxes of any
nature, or for any right or benefit applicable to an officer or employee of the City, including,
but not limited to, Workers' Compensation coverage, Disability Benefits coverage,
Unemployment Insurance benefits, Social Security coverage or employee retirement
membership or credit. Except as specifically stated in this Agreement, .nothing in this
Agreement shall impose any liability or duty on the City to any person or entity.
~:
14. Insurance; Bonds.
A. The Town represents it is adequately insured. Before any Design Phase Work or
Construction Work is commenced hereunder, the Town shall require its consultants,
subconsultants, contractors and subcontractors performing such work to procure and
maintain insurance in the types and amounts set forth in Section II of Exhibit D during the
entire period of the Work. The City shall be named as an additional insured on each and
every such insurance policy. As required in Exhibit D, proof of insurance for each and every
such policy required hereunder shall be furnished to the DEP for review and approval before
any Design Phase Work or Construction Work is commenced.
B. In addition to other bonds required by law, if any, for the performance and completion of
the Construction Work for both Phase I and Phase II, the Town shall require approved
contractors and subcontractors to provide a performance bond or other security acceptable to
the City, in a form acceptable to the City. The performance bond or other security shall
name the City and the Town as obligees in the full amount of the cost of the work performed
by the contractor or subcontractor, shall be issued by a surety company qua1i:fied to do
business in the State of New York, and shall secure the faithful performance and completion
of all work required of the contractor. In addition, the Town shall require approved
contractors and subcontractors to provide a payment bond or other security acceptable to the
City in the full amount of the work performed by the contractor or subcontractor
25
guaranteeing prompt payment of monies due to all persons furnishing labor or materials in
the prosecution of the Construction Work, as required by the State Finance Law Section 137.
15. Indemnification.
A. To the fullest extent permitted by law, the Town and its contractors or consultants shall
indemnify, defend and hold the City, its employees and agents (the "Indemnitees") harmless
against any and all claims (including but not limited to claims asserted by any employee of
the Town, its contractors, consultants andlor subcontractors) and costs and expenses of
whatever kind (inc,luding but not limhed to payment or reimbursement of attorneys' fees and
disbursements) allegedly arising out of or in any way related to the operations of the Town,
its contractors, consultants andlor subcontractors in the perfonnance of this Agreement or
from the To'WIl, its contractors, consultants andlor subcontractors' failure to comply with any
of the provisions of this Agreement or of the law. Such costs and expenses shall include all
those incurred in defending the underlying claim and those incurred in connection with the
enforcement of this Section by way ofcross-c1aim, third-party claim., declaratory action or
otherwise. The parties expressly agree that the indemnification obligation hereunder
contemplates (1) full indemnity in the event of liability imposed against the Indemnitees
without negligence and solely by reason of statute, operation of law or otherwise; and (2)
partial indemnity in the event of any actual negligence on the part of the Indemnitees either
causing or contributing to the underlying claim (in which case, indemnification will be
limited to any liability imposed over and above that percentage attributable to actual fault
whether by statute, by operation oflaw, or otherwise). Where partial indemnity is provided
hereunder, all costs and expenses shall be indemnified on a pro rata basis.
B. Indemnification under this Section or any other provision of this Agreement shall operate
whether or not the Town, its contractors, consultants andlor subcontractors have placed and
maintained the insurance specified under Section 14.
C. The Town waives all rights against the City for any damages or losses for which either is
covered under any insurance required under this Section and Exhibit D (whether or not such
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insurance is actually procured) or any other insurance applicable to the operations of a
contractor or subcontractor of the Town.
D. The provisions of this Section shall not be deemed to create any new right of action in
favor of third parties against the City.
16. Acceptance of Final Pavment.
The acceptance by the Town, or by anyone claiming by or through it, of the final payment,
whether such payment be made pursuant to any judgment of any Court, or otherwise, shall
constitute and operate as a release to the City from any and all claims of and liability to the
Town for anything heretofore done or furnished for the Town relating to or arising out of this
Project and the Construction Work done hereunder, and for any prior act, neglect or default
on the part of the City or any of its officers, agents or employees, excepting only a claim
against the City for the amounts deducted or retained in accordance with the terms and
provisions of this Agreement or by law.
17. Notices.
All notices required or permitted hereunder shall, unless otherwise specified, be in writing
and be delivered by hand, or by overnight mail or by certified mail, return receipt requested,
to the parties at the following addresses:
To DEP and the City:
New York City Department of Environmental Protection
71 Smith Avenue
Kingston, N ew York 12401
Fax: (845) 340-7836
Attn: Todd West/Dan Michaud
With a copy to:
New York City Department of Environmental Protection
Office of the General Counsel
59-17 Junction Boulevard 19th Floor
Flushing, New York 11373
Fax (718) 595-6543
Attn: General Counsel
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To the Town:
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attn: Town Clerk and Attn: TownSupervisor
With a copy to:
Albert P. Roberts, Esq.
Vergilis, Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, New York 12590
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Either party may, from time to time, change its address for notices by giving notice of such
change to the other party in the manner specified in this Section.
18. Comuliance with Public Biddinl! and Procurement Reauirements.
The Project Work is a contract for Public Work as such is defined in Article 5-A of the NY
General Municipal Law. The Town shall comply with all public bidding and procurement
requirements that are applicable to the Town by State or local law or would be applicable to
the Town by State or the local regulations thereunder if the Town were fundingtb.e Work, in
soliciting or procuring any of the Work.
19. Administration of Contracts.
The Town shall be responsible for administering all consultant contracts and construction
coniracts necessary to complete the Proj ect Work to ensure that such contracts comply with
all applicable laws and regulations.
20. Construction Work Contracts
A The Phase I Construction Contract and Phase II Construction Contract may permit
subcontracting of the work under said contracts provided that all subcontracts comply with
the applicable laws and regulations for public works contracts.
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B. Any contract between the Town and any person, firm or other entity for the performance
of any aspect of the Proj ect Work or any subcontract for the Proj ect Work shall contain the
following:
(I) a requirement that the contractor or subcontractor, as applicable, perform such
work in accordance with the terms hereof, and with all applicable federal, State and
local laws and regulations;
(II) a provision that the contractor or subcontractor, as applicable, agrees to
indemnify the City and its agents to the same extent and on the same conditions set
forth at Section 15 of this Agreement;
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(III) a provision that nothing in such contract or subcontract shall be deemed to
create any contractual relationship between any contractor or subcontractor and the
City;
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(IV) a provision that nothing contained in such contract or subcontract shall impair
the rights of the City and/or DEP hereunder;
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(V) a requirement that the contractor or subcontractor, as applicable, obtain insurance
upon the same terms and conditions and in the same amounts as required herein in
Section 14 and Exhibit D;
(VI) a statement that the contractor or subcontractor, as applicable, has not
engaged and will not engage in any unlawful discrimination based upon race, creed,
color, national origin, sex, age, disability, marital status or sexual orientation with
respect to all employment decisions including but not limited to recruitment, hiring,
upgrading, demotion, downgrading, transfer, training, rates of pay or other forms of
compensation, layoffs, tennination, and all other terms and conditions of
employment;
(VII) a provision that the contractor or subcontractor, as applicable, fully comply
with all applicable prevailing wage requirements and all other applicable
requirements of Section. 220 of the Labor Law; and
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(VIII) a provision requiring that any further contracting or subcontracting by the
contractor or subcontractor, as applicable, is subject to approval by the To'Wll.
(a) Except for any contract between the Town and its employees, the Town
agrees not to enter into any contract or subcontract for the performance of its
obligations, in whole or in part, under this Agreement without the prior
written approval of the DEP. Two copies of each such proposed contract or
subcontract shall be submitted to the DEP with the Town's written request
for approvaL
(b) The Town agrees that it is fully responsible to the DEP for the acts and
omissions of its contractors and subcontractors and of persons either directly
or indirectly employed by such contractors and subcontractors as it is for the
acts and omissions of any person directly employed by it.
(c) The Town shall not in any way be relieved of any of its responsibilities,
duties and liabilities under this Agreement by virtue of entering into any
contract or subcontract for the performance of any portion of the Work.
21. Town's Representations. The Town represents and warrants that:
A. It has all requisite power and authority to execute, deliver and perform this Agreement.
B. This Agreement has been duly authorized by all necessary action on the part of the
Town, has been duly executed and delivered by the Town and, assuming due execution and
delivery by the City, constitutes the legal, valid and binding agreement of the Town,
enforceable in accordance with its terms.
C. The execution and delivery of this Agreement, and compliance with the provisions
hereof, do not and will not conflict with or constitute a violation or default under any
provision of applicable law, charter, ordinance or regulation or to the extent of the Town's
knowledge of any material agreement,judgment, injunction order, decree or other instrument
binding upon the Town.
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D. Acceptance of funds from the City hereunder shall be deemed at such time to be a
reafflIIDation of the foregoing representations and warranties.
22. Town's Covenants. The Town covenants and aerees that:
A. The Town can meet and will at all times for the duration of this Agreement be able to
meet its obligations to provide water described herein and on Exhibit C hereto. The Town
agrees to undertake any improvements or infrastructure upgrades or additions that would be
required for the Town to meet its obligations to provide water to the Site and to the homes
within the service area of the final agreed upon Phase II Service Area
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B. The Town further agrees that it will comply with the provisions of Article 12-A of the
Town Law in order to extend the boundaries of the UWWD to encompass the Phase II
Service Area.
(I) If a permissive referendum is called for and the order extending the UWWD is
defeated in such referendum, the Town reserves the right to alter the boundaries of
the Phase II Service Area and commence a new proceeding under the provisions of
Article 12-A of the Town Law.
(II) In the event thai the Town does not choose to alter the boundaries of the Phase II
Service Area or a second pennissive referendmn fails, further work on Phase II shall
cease and the Town shall be entitled to payments for all Eligible Costs previously
incurred with respect to Phase ~? to the extent that such costs, together with.~e
Eligible Costs previously incurred with respect to Phase I, do not exceed the Total
Eligible Costs specified in Section 9(B).
23. City's Representations. The City renresents and warrants that:
A. It has all requisite power and authority to execute, deliver and perform this Agreement.
DEP is a validly authorized and existing agency of the City, with full right and power to
execute, deliver and perform its obligations :b.ereunder.
B. The execution, delivery and performance by the City and DEP of this Agreement are
within the powers of the City and DEP and have been duly authorized by all necessary action
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by or in respect of, or filing with, any governmental body, agency or official (except for the
approval by the Mayor of the City and registration of the Agreement pursuant to Section 328
of the. City Charter). The City and DEP also represent that they have complied with all
applicable laws in connection with the execution, delivery and performance of this
Agreement and that prior appropriation for the costs of this Agreement have been made by
the City and DEP.
C. This Agreement will, when executed by the City and registered by the City pursuant to
Section 328 of the City Charter, and assuming the due e~ecution and delivery by the Town,
constitute the legal, valid ~d binding agreement of the City and DEP, enforceable in
accordance with its terms.
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D. The execution and delivery of this Agreement by the City and DEP, and compliance with
the provisions hereof, do not and will not conflict with or constitute a violation or default
under any provision of applicable law, charter or ordinance or regulation or, to the extent of
the City's lmowledge, any material agreement, judgment, injunction, order, decree or other
instrument binding upon the City or DEP.
24. No Discrimination.
The Town agrees that it has not and will not, in connection with the performance of this
Agreement, engage in any unlawful discrimination based upon race, creed, color, national origin,
sex, age, disability, marital status or sexual orientation with respect to all employment decisions
including but not limited to recruitment, hiring, upgrading, demotion, downgrading, transfer,
training, rates of payor other forms of compensation, layoffs, termination, and all other terms
and conditions of employment.
25. Compliance with Laws.
The Town agrees that it will comply with all federal, State and local laws, rules and regulations
in performing its obligations hereunder and in prosecuting and completing all the Work.
26. Incorporation of Applicable Laws.
The Parties agree that each and every provision offederal, State or local law, rule, regulation or
order, applicable to this Agreement, that is required to be included in this Agreement, is
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incorporated herein by this reference. Furthermore, it is hereby stipulated that every such
provision is to be deemed inserted herein, and if, through mistake or otherwise, any such
provision is not inserted or is not inserted in correct form, then this Agreement shall forthwith,
upon the application of either Party, be amended by any such insertion so as to comply strictly
with such law, rules, regulation or order and without prejudice to the rights of either Party.
27. Cooperation with Investif!ations.
The Town'and the City agree to cooperate fully and faithfully with any investigation, audit or
inquiry relating to the subject matter of this Agreement conducted by a New York State or City
governmental agency or authority that is empowered directly or by designation to compel the
attendance of witnesses and to examine witnesses under oath, or conducted by the Inspector
General of a governmental agency or entity that is a party in interest to the transaction, submitted
bid, submitted proposal, contract, lease, permit or license that is the subject of the investigation,
audit or inquiry. Any breach or violation of the foregoing may be deemed a breach or violation
of a material provision of this Agreement
28. CODvri~hts and Access to Information.
The City shall have the right to use all written materials, documents, data and information that
are gathered or prepared pursuant to the Agreement for any purpose deemed appropriate by the
City. In furtherance thereof, the Town hereby grants to the City a royalty-free. worldwide, non-
exclusive, perpetual, irrevocable license to use, execute, reproduce, make, modify, adapt,
display, perform and create derivative works of, all written material, documents, data and
information that are gathered or prepared pursuant to this Agreement, including but not limited
to all designs, plans, specifications and models created hereunder.
29. Infrin~ements.
The Town shall defend, indemnify and hold the City harmless from any and all claims (even if
the allegations of the lawsuit are without merit) or judgments for any damages and from the costs
and expense to which the City may be subject or which it may suffer or incur allegedly arising
out of or in connection with any infringement by the Town, its contractors, consultants and/or
subcontractors of any copyright, trademark, trade secrets or patent rights or any other property
or personal right of any third party in the performance oftbis Agreement The Town shall
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defend, indemnify, and hold the City harmless regardless of whether or not the alleged
infringement arises out of compliance with the Agreement's scope of work. Insofar as the facts
or law relating to. any claim would preclude the City from being completely indemnified by the
Town, the City shall be partially indemnified by the Town to the fullest extent permitted by the
law.
30. No Claim Aeainst Officers, Aeents or Emvlovees.
No claim whatsoever shall be made by either party against any individual officer, agent or
employee of the other party for, or on account of, anything done or omitted in connection with
this Agreement
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31. Waiver.
Neither Party shall be deemed to have waived the observance or performance of any term or
provision of this Agreement, or any default hereunder, except pursuant to a written instrument of
waiver signed by such Party. No waiver of the observance or performance of any term or provision
of this Agreement, or of any default hereunder, shall be deemed to be a waiver of any subsequent
failure to observe or perform this Agreement, or of any subsequent default hereunder.
32. Protection of City Provertv.
A The Town assumes the risk of, and shall be responsible for, any loss or damage to Town
or City property, including property and equipment leased by the City, used in the
performance of this Agreement, where such loss or damage is caused, either directly or
indirectly, by the acts, conduct, omissions, failure to comply with the provisions of this
Agreement or law, or lack of good faith of the Town, its officers, managerial personnel and
employees, or any person, firm, company, agent or others engaged by the Town as expert,
consultant, subconsultant, specialist, contractor, or subcontractor hereunder.
B. In the event that any City property is lost or damaged, except for normal wear and tear,
then the City shall have the right to withhold further payments hereunder for the purpose of
set-off, in sufficient sums to cover such loss or damage.
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33. Retention of Records.
A. The Town agrees to retain all books, records and other documents relevant to this
Agreement for six (6) years after the final payment or termination of this Agreement,
whichever is later. City, State and federal auditors and any other persons duly authorized by
the DEP or the Town shall have full access to and the right to examine any of said materials
during said period, including to ensure that any funds administered under this Agreement
were applied in accordance with the terms and conditions herein. The Parties shall have the
right, at any time during normal business hours, to inspect, examine and/or make copies of
any such books, records or other documents. The same right shall be afforded to
representatives of the State Comptroller or the City Comptroller, or any other person duly
authorized by DEP or the Town.
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. B. All receipts, management and disbursements of funds provided by the City pursuant to
this Agreement, and the records and accounts evidencing such receipts, management and
disbursements, shall be subject to audit by the State Comptroller and by the City, including
the City Comptroller, pursuant to the rights and powers of such officials as conferred upon
them by State and City law. The Town agrees to cooperate with any such audits.
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C. The Town shall prepare and maintain its records and accounts of receipts, management
and disbursements of funds under this Agreement in accordance with generally accepted
government accounting standards and shall provide a summary of Such records and accounts
to DEP as requested.
34. Earlv Termination.
A. The City may terminate this Agreement in the event that:
(I) the N ecessaxy Approvals and all permissions with respect to easements and land
use with respect to Phase I or the Site are not, or cannot, be obtained or granted on or
before February 1, 2013,
(II) any substantial litigation has been filed that would adversely affect fulfilling the
obligations herein and the milestones in Exhibit B; or
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(III) the City detennines there has been a material default hereunder and such
breach has not been cured in accordance with Section 35.
B. The Town may terminate this Agreement in the event that it determines that the Eligible
Costs of Phase I design and construction will exceed $11,000,000.00, provided that such
option to terminate must be exercised prior to the award of any Construction Contract and in
no event later than February 1,2013.
C. In the event that this Agreement is terminated in accordance with the terms of this
section, any funds previously spent by the Town for Eligible Costs in accordance with the
terms herein shall be reimbursed.
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35. Default
A. If either party defaults in the observance or performance of any material term of this
Agreement, and such default continues for more than fifteen (15) calendar days after written
notice of such default is received by the defaulting party from the non-defaulting Party, the
non-defaulting Party may, in addition to any other rights or remedies available at law or in
equity, suspend work or terminate this Agreement by written notice of termination to the
defaulting Party, specifying a date of termination which shall not be less than five (5)
business days from the date of such notice ofterrnination is sent. However, if such default
cannot reasonably be cured within fifteen (15) calendar days, the Agreement may not be
terminated if (i) the defaulting party commences appropriate actions to cure the default prior
to the end of the fifteen (15) day period, eii) such actions have been approved in writing by
the non-defaulting Party and (ill) the defaulting Party thereafter diligently prosecutes the
actions necessary to cure the default to the complete satisfaction of the non-defaulting Party.
B. In addition to any other right or remedy available to the City at law or in equity, if the
Town defaults in the observance or performance of any material term of this Agreement,
including compliance with the deadlines set forth on Exhibit B hereto (which shall be
deemed a default of a material term of this Agreement), and such default continues for more
than fifteen (15) calendar days after written notice of such default is received by the Town
from the City, the City may withhold future payments to the Town. However, if such default
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cannot reasonably be cured within fifteen (15) calendar days, the Agreement may not be
terminated if (i) the Town commences appropriate actions to cure the default prior to the end
of the fifteen (15) day period., (ii) such actions have been approved in writing by the City,
and (iii) the Town thereafter diligently prosecutes the actions necessary to cure the default to
the complete satisfaction of the City. In the event of a default, including meeting any
milestones on Exhibit B, DEP shall have the option to (A) take over management of the
Project (and the Town shall make any changes or assignments necessary to effect such
option) and/or (B) terminate the remaining portions of the Project at DEP's discretion.
C. Delay in Obtaining Permits. In the event that the Town has submitted a complete
application for a pennit or approval to a third party agency, department, utility or
government entity having jurisdiction over said approval and the Town has duly prosecuted
the application before said agency and timely complied with all reasonable requests of said
agency, the Town shall not be in default of any material term or deadline provided in this
Agreement that requires said approval. Notwithstanding the foregoing, DEP may terminate
the Agreement pursuant to the provisions of Section 34.A(I).
D. Reimbursement. In the event that DEP terminates this Agreement in accordance with the
provisions herein, any funds advanced by the City and not actually spent by the Town for
Eligible Costs prior to such termination shall be promptly reimbursed to the City.
36. Force Maieure
A. The period of time during which either party is prevented or delayed in any performance
or fulfilling any obligation under this Agreement, other than the payment of money, due to
unavoidable delays caused by fire, catastrophe, strikes or labor trouble, civil commotion,
Acts of God, prohibition by a governmental agency of proper jurisdiction enacted after the
date of execution of this Agreement, (not including a failure to obtain a Necessary
Approval), the public enemy or acts of terrorism shall not be considered a basis for default
under this Agreement. Notwithstanding such force majeure, in the event that the City
determines that the Town will not be able to meet the milestones on Exhibit B hereto, or in
the event of a prohibition of a governmental agency, the City may terminate this Agreement
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in accordance with the terms herein. As a condition to the Town's right to avail itself of
Force Majeure, the Town must give the City written notice of such claimed force majeure
not later than three (3) business days following the occurrence of such force majeure.
37. Amendments.
This Agreement may not be modified or amended except by an instrument in writing signed by
both of the Parties and New York City Office of the Corporation CounseL This agreement can
be terminated by mutual agreement "With the written consent of both Parties and the consent of
the New York City Office of the Corporation CounseL
38. No Third-party Beneficiaries.
Tbis Agreement is not intended to create any benefit or interest in any third party.
39. Assienment.
'Dris Agreement may not be assigned, in whole or in part, except by agreement of the Parties and
pursuant to a written instrument signed by both of the parties hereto.
40. Cooperation; Oblieation to Provide Documents.
Both parties acknowledge and agree that during the term oftbis Agreement each shall cooperate
with the other and provide each other promptly with all documentation, reports, and information
that may be necessary to carry out their respective obligations under this Agreement.
41. Choice of Law; Specific Performance.
A. Tbis Agreement shall be governed by and construed in a,ccordance with the laws of the
State of New York. To the fullest extent permitted by law, the Parties consent to the
jurisdiction of the Supreme Court of the State of New York in connection with any action by
either party against the other pursuant to this Agreement.
B. The City, DEP and the Town each hereby agree that irreparable damage would occur in
the event that any provision of this Agreement were not performed in accordance with its
specific terms or were otherwise breached, and that money damages or other legal remedies
would not be an adequate remedy for any such damages. Accordingly, the Parties
acknowledge and hereby agree that, unless this Agreement has been terminated in
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accordance with the terms set forth herein, in the event of any breach or threatened breach by
the Town, on the one hand, or DEP and the City, on the other hand, of any of their respective
covenants or obligations set forth in this Agreement such non-breaching party shall be
entitled to an injunction or injunctions to prevent or restrain breaches or threatened breaches
of this Agreement, and to specifically enforce the terms and provisions of this Agreement to
prevent breaches or threatened breaches of, or to enforce compliance with, the covenants and
obligations of the other under this Agreement Further, the City and DEP shall have the right
to require the Town, upon written notice to the Town, to seek a judicial order compelling any
contractor with whom the Town haS contracted to perform work required by this Agreement
to fulfill such contractor's obligations under its contract with the Town in order to prevent
breaches or threatened breaches of such contract or to enforce compliance with, the
covenants and obligations of the Town and its contractors under this Agreement and
contracts into which the Town has entered to fulfill its obligations under this Agreement.
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42. Severabilitv~ Entire Aereement.
A. If any provision of this Agreement or its application is determined to be invalid, illegal or
unenforceable in any respect, the validity, I egality and enforceability of all other provisions
and applications hereof shall not in any. way be affected or impaired.
B. This Agreement constitutes the entire understanding between the Parties with respect to
the subject matter hereof and supersedes all prior agreements with respect to such subject
matter, whether written or oral.
43. Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the r 1 of the New York City Department of
Environmental Protection on behalf of the City and the Supervisor of the Town on behalf of the
Town, have executed this Agreement, in quadruplicate, one part to be filed with the Comptroller
of the City ofN ew York, one part to be retained by the Department of Environmental Protection
and two parts to be delivered to the Town.
THE CITY OF NEW YORK
TOWN OF WAPPINGER
BY:
BY:
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Department of Environmental Protection
Supervisor of Town of Wappinger
Dated:
,2012
Dated:
,2012
Approval as to Form and Certified as to Legal Authority
Acting Corporation Counsel of the City of New York
Dated:
State of New York )
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County of )
On the _ day of , in the year 2012 before me, the undersigned,
personally appeared ' personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whosename(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislher/their capacity(ies), and that by hislber/their signature(s) on the instrument, the
individual(s) or person upon behalf ofwmch the individua1(s) acted, executed the instrument.
Notary Public
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State of New York
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County of
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On the _ day of --' in the year 2012 before me, the undersigned, personally
appeared ' personally hown to me or proved to roe
on the'basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
bis/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s) or person upon behalf ofwbich the individua1(s) acted, executed the instrument
Notary Public
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Exhibit A
Concept Map for Phase I and II
SEE ATTACHED
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Exhibit B
Project Milestones
Phase 1 Task
Comoletion Date
May 17, 2012
June ii, 2012
July 23, 2012
August 20,2012
August 31, 2012
September 10, 2012
Initiate Design as Authorized by Town
Complete Part 1 EAF, Lead Agency Declaration
Complete Initial MP&R, Base Survey Maps
Prepare Preliminary Design Plans/Specs for DEP Review
Complete Subsurface Borings
Revise/Submit Design Plans/Specs to Regulatory Agencies
Submit to NYCDEP. as 90% complete, 2 weeks to respond
Review Comments from Regulatory Agencies
Revise and Resubmit Design Plans/Specs to Agencies
and to NYCDEP with 2 weeks to review
Obtain Approvals, Complete SEQR Work, Finalize for Bidding November 21,2012
Complete Bidding, Obtain Bid Prices January 7,2013
Award Bid January 21, 2013
Completion of Main Installation and Testing August 30,2013
Certification of Construction/Approval to Operate Main September 16, 2013
Final Completion December 2, 2013
Phase 2 Task
Award Bid
Final Completion
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October 15, 2012
October 29,2012
Comoletion Date
November 4,2013
November 17, 2014
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Exhibit C
UWWD Capacity Engineer's Report
SEE ATTACHED
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Exhibit D
lNSURANCE REQUIREMENTS
GENERAL REQUIREMENTS:
1. Insurance Coverages Required To Be Maintained Bv the Town (Agreement.. Paragraph 14)
Notes: Insurance indicated by (X) is required.
Insurance certificates, policies, and endorsements must be sent to the New York City
Department of Environmental Protection ("DEP"), 59-17 JlIDction Boulevard, 19th Floor, Flushing,
New York 11373, Attention: General COilllSel.
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(X) Worker's Compensation
Statutory per New York State Law
without regard to jurisdiction (See
Section 1.01.01 below)
Employer's Liability
Statutory (See Section 1.01.02)
(X)
(X)
Commercial General Liability CG 00 01 (ed. 11/88) or equivalent.
Combined Single Limit - Bodily Injury and Property Damage
$2,000,000 per Occurrence
$2,000,000 products/completed
operations aggregate
$4,000,000 general aggregate
$25,000 maximum deductible
(See Section 1.01.03a for additional requirements)
(X) Automobile Liability: CA 0001 (ed. 01/80) or equivalent.
Combined Single Limit - Bodily Injury and Property Damage
$1,000,000 each occurrence
The following coverage must be provided:
(X) Comprehensive Form (X) Owned eX) Hired (X) Non-Owned
(See Section 1.01.04)
II. Insurance Coverages Required to be Maintained bv Consultants/Subcontractors Hired or
Retained by the Town (Agreement.. ParagraJ'h 14)
Notes: Insurance indicated by (X) is required.
Insurance certificates, policies, and endorsements must be sent to the New York City
Department of Environmental Protection ("DEP"), 59-17 Junction Boulevard, 19th Floor,
Flushing, New York 11373, Attention: General Counsel.
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(X) Worker's Compensation
Statutory per New York State Law
without regard to jurisdiction (See
Section 1.01.01 below)
(X) Employer's Liability
Statutory (See Section 1.01.02)
(X) Commercial General Liability CG 00 01 (ed.. 11188) or equivalent.
Combined Single Limit - Bodily Injury and Property Damage
$1,000,000 per Occurrence
$1,000,000 products/completed
operations aggregate
$2,000,000 general aggregate
$25,000 maximum deductible
(See Section 1.01.03a for additional requirements)
(X) Automobile Liability: CA 0001 (ed. 01/80) or equivalent
Combined Single Limit - Bodily Injury and Property Damage
$1,000,000 each occurrence
The following coverage must be provided:
(X) Comprehensive Form (X) Owned (X) Hired (X) Non-Owned
(See Section 1.01.04)
(X) Other Insurance:
All contracts for professional engineering services for design, engineering surveys, and/or
construction management shall require that the consultant maintain and present evidence of a
professional Errors and Omissions policy per CNA Design Professionals 1-87503-A (Ed 08/83 or
equivalent) with aU .S. domiciled company providing limits of not less than $5 Million per claim, $5
Million aggregate, and a deductible or self-insured retention not to exceed $50,000 per claim.
If professional services are provided pursuant to this Agreement, the Contractor shall
maintain and submit evidence of Professional Liability Insurance appropriate to the type( s) of such
services to be provided under this Agreement in the amount of at least One Million Dollars
($1,000,000) per claim. The policy or policies shall include an endorsement to cover the liability
assumed by the contractor or consultant under this Agreement arising out of the negligent
performance of professional services or caused by an error, omission or negligent act of the
contractor or consultant or anyone employed by the Contractor.
B. All subcontractors of the Contractor providing professional services under this
Agreement for which Professional Liability Insurance is reasonably commercially available shall
also maintain such insurance in the amount of at least One Million Dollars ($1,000,000) per claim,
46
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and the Contractor shall provide to DEP, at the time of the request for subcontractor approval,
evidence of such Professional Liability Insurance on forms acceptable to DEP.
C. Claims-made policies will be accepted for Professional Liability Insurance. All such
policies shall have an extended reporting period option or automatic coverage of not less than two
(2) years. If available as an option, the contractor or consultant shall purchase extended reporting
period coverage effective on cancellation or termination of such insurance unless a new policy is
secured with a retroactive date, including at least the last policy year.
III. General Pro~sions Applicable to Insurance Coverages:
These provisions are applicable to both the .insurance coverages required to be
maintained by the Town under the Agreement to which this Appendix is annexed, and the insurance
coverages required to be maintained by any consultant/subcontractor engaged or retained by the
Town. In each case, the reference to "contractor" shall mean the party required to maintain insurance
coverage, and the reference to "contract" shall mean either the Agreement (in the case of the Town)
or the contract pursuant to which the consultant or subcontractor is providing services (in the case of
a consultant or subcontractor.)
I,.
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SPECIFIC INSURANCE REQUIREMENTS:
Section 1.01
1.01.01
Worker's Compensation and Disability Benefits Insurance:
Before performing any work on the Contract, the Contractor shall procure Worker's
Compensation and Disability Benefits Insurance in accord with the laws of the State of New York on
behalf of all employees who are to provide labor or service under the contract. Two certificates of
such insurance or authority for self-insurance shall be furnished to DEP at its address shown above.
1.01.02
Employer's Liability Insurance:
Before performing any work on the Contract, the Contractor shall procure Employer's
Liability Insurance affording compensation due to bodily injury by accident or disease sustained by
any employee arising out of and in the course of his or her employment under the contract Two
certificates of such insurance shall be furnished to DEP at its address shown above.
Certificates confinning renewals of insurance shall be presented not less than 3 0 days
prior to the expiration date of coverage until all operations under the subject contract are deemed
completed.
1.01.03
Commercial General Liability:
47
Before commencing work on the contract, the Contractor shall maintain Commercial General
Liability Insurance covering the Contractor as Named Insured and the City as an Additional Insured
in the amount of at least One Million Dollars ($1,000,000) per occurrence. Such insurance must be
maintained during the life of the contract and shall protect the City and the contractor or consultant
from claims for property damage and! or bodily injury, including death that may arise from any of the
operations under this Agreement. Coverage under this insurance shall be at least as broad as that
provided by the most recently issued Insurance Services Office ("ISO") Form CG 0001, and shall be
"occurrence" based rather than "claims-made."
Such Commercial General Liability Insurance shall name the City, together with its officials
and employees, as an Additional Insured with coverage at least as broad as the most recently issued
ISO Form CG 2010.
Two (2) certificates of insurance shall be furnished in a manner acceptable to the
DEP, together with copies of all endorsements as pertain to the requirements of the subject contract.
!,'
The policy shall contain no exclusions or endorsements which are not acceptable to
the City.
(b) Commercial General Liabilitv - Endorsements
The following endorsements are required to be made on the policy:
1. Notices: Notices shall be addressed to the New York City Department of
Environmental Protection, 59-17 Junction Boulevard., 19th Floor, Flushing, New
York 11373, Attention: General Counsel.
2. Notice of Cancellation of Policy: In the event the contractor or
consultant receives notice, from an insurance company or other person, that any
insurance policy required herein shall expire or be cancelled or terminated for any
reason, the contractor or consultant shall immediately forward a copy of such notice
to both DEP, Attn: General Counsel, and the New York City Comptroller, Attn:
Office of Contract Administration, Municipal Building, One Centre Street, Room
1005, New York, New York 1.0007.
1.01.04 Automobile Liabilitv
(a) Contractor will provide the City with evidence of insurance covering all owned,
non-owned and hired vehicles to be used in connection with the contract. If vehicles are used in the
provision of services under this Agreement, then the Contractor shall maintain Business Automobile
Liability insurance in the amount of at least One Million Dollars ($1,000,000) each accident
combined single limit for liability arising out of ownership, maintenance or use of any owned,
non-owned, or hired vehicles to be used in connection with this Agreement. Coverage shall be at
least as broad as the most recently issued ISO Form CAOOOl.
48
(b) If vehicles are used for transporting hazardous materials, the Business Automobile
Liability Insurance shall be endorsed to provide pollution liability broadened coverage for covered
vehicles (endorsement CA 99 48) as well as proof ofMCS-90.
1.01.05
Insurance Agreement
General Requirements for Insurance Coverage and Policies
(a) All required insurance policies shall be maintained with companies that may lawfully
issue the required policy and have an A.M. Best rating of at least A- / "VII" or a Standard and Poor's
rating of at least A, unless prior written approval is obtained from the City Law Department.
(b) All insurance policies shall be primary (and non-contributing) to any insurance or
self-insurance maintained by the City.
(c) The Contractor shall be solely responsible for the payment of all premiums for all
required insurance policies and all deductibles or self-insured retentions to which such policies are
subject, whether or not the City is an insured under the policy.
(d) There shall be no self-insurance program with regard to any insurance required under
this Article unless approved in writing by the Commissioner. Any such self-insurance program shall
provide the City with all rights that would be provided by traditional insurance required under this
Article, including but not limited to the defense obligations that insurers are required to undertake in
liability policies.
(e) The City's limits of coverage for all types of insurance required under this Article
shall be the greater of (i) the minimum limits set forth in this Article or (ii) the limits provided to the
Contractor as Named Insured under all primary, excess, and umbrella policies of that type of
coverage.
1.01.06 Proof oflnsurance ,
(a) For Workers' Compensation Insurance, Disability Benefits Insurance, and
Employer's Liability Insurance, the Contractor shall file one of the following within ten (10) Days of
award of this Agreement. ACORD forms are not acceptable proof of workers' compensation
coverage.
1.
2.
Insurance;
C-I05.2 Certificate of Workers' Compensation Insurance;
U-26.3 -- State Insurance Fund Certificate of Workers' Compensation
49
3. Request for WC/DB Exemption (Form CE-200);
4. Equivalent or successor forms used by the New York State Workers'
Compensation Board; or
5. Other proof of insurance in a form acceptable to the City.
(b) For each policy required under this Agreement, except for Workers' Compensation
Insurance, Disability Benefits Insurance, Employer's Liability Insurance, and Unemployment
Insurance, the Contractor shall file a Certificate ofInsurance with the Department within ten (10)
Days of award of this Agreement. All Certificates of Insurance shall be (a) in a form acceptable to
the City and certify the issuance and effectiveness of such policies of insurance, each with the
specified minimum limits; and (b) accompanied by the endorsement in the Contractor's general
liability policy by which the City has been made an additional insured pursuant to Section 7.02(B).
All Certificate(s) of Insurance shall be accompanied by either a duly executed "Certification by
Broker" in the form attached to this Appendix A or copies of all policies referenced in the Certificate
of Insurance. If complete policies have not yet been issued, binders are acceptable, until such time
as the complete policies have been issued, at which time such policies shall be submitted..
r<
(c) Certificates of Insurance conflrm.ingrenewals of insurance shall be submitted to the
Commissioner prior to the expiration date of coverage of policies required under this Article. Such
Certificates of Insurance shall comply with the requirements of Section 7.08 (A) and Section
7.08(B), as applicable.
(d) The Contractor shall provide the City with a copy of any policy required under this
Article upon the demand for such policy by the Commissioner or the New York City Law
Department.
(e) Acceptance by the Commissioner of a certificate or a policy does not excuse the
Contractor from maintaining policies consistent with all provisions of this Article (and ensuring that
subcontractors maintain sucb policies) or from any liability arising from its failure to do so.
(f) In the event the Contractor receives notice, from an insurance company or other
person, that any insurance policy required under this Article sball expire or be cancelled or
terminated for any reason, the Contractor shall immediately forward a copy of such notice to both
the Commissioner [insert Agency name and appropriate address l, and the New York City
Comptroller, Attn: Office of Contract Administration, Municipal Building, One Centre Street, Room
1005, New York, New York 10007.
1.01.07. Miscellaneous
(a) Whenever notice of loss, damage, occurrence, accident, claim or suit is required
under a general liability policy maintained in accordance with this Article, the Contractor shall
provide the insurer with timely notice thereof on behalf of the City. Sucb notice shall be given even
where the Contractor may not have ucoverage under such policy (for example, where one of
Contractor's employees was injured). Such notice shall expressly specify that "this notice is being
50
given on behalf of the City of New York as Additional Insured" and contain the following
information: the number of the insurance policy; the name of the named insured; the date and
location of the damage, occurrence, or accident; the identity of the persons or things injured,
damaged, or lost; and the title of the claim or suit, if applicable. The Contractor shall simultaneously
send a copy of such notice to the City of New York c/o Insurance Claims Specialist, Affirmative
Litigation Division, New York City Law Department, 100 Church Street, New York, New York
10007. If the Contractor fails to comply with the requirements of this paragraph. the Contractor
shall indemnify the City for all losses, judgments, settlements and expenses, including reasonable
attorneys' fees, arising from an insurer's disclaimer of coverage citing late notice by or on behalf of
the City.
(b) The Contractor's failure to maintain any of the insurance required by this Article shall
constitute a material breach of this Agreement. Such breach shall not be waived or otherwise
excused by any action or inactio,n by the City at any time.
C c) Insurance coverage in the minimum amounts required in this Article shall liot relieve
the Contractor or its subcontractors of any liability under this Agreement, nor shall it preclude the
City from exercising any rights or taking such other actions as are available to it under any other
provisions of this Agreement or Law.
Cd) The Contractor waives all rights against the City, including its officials and
employees for any damages or losses that are covered under any insurance required under this
Article (whether or not such insurance is actually procured or claims are paid thereunder) or any
other insurance applicable to the operations of the Contractor and/or its subcontractors in the
performance oftbis Agreement.
(e) In the event the Contractor requires any subcontractor to procure insurance with
regard to any operations under this Agreement and requires sUch subcontractor to name the
Contractor as an additional insured under such insurance, the Contractor shall ensure that such entity
also name the City, including its officials and employees, as an additional insured with coverage at
least as broad as the most recently issued ISO form CG 20 26.
51
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APPENDIX B
I,
.::C<~"'~""""'." 'F' "''i\.mW'" .i,r.}j'n:.'rr
:q~:L~..;[J_-V . J,)(:1:f', - .:I/.:\.:.tl'\4.'\..
BQU;Nr,(DE:DU'DQHES:S," TOWN.OF:'~lAPpmGElt
.. _, ..... .. "" :'._ ..'"J ._.....t, j"" .... ;,' t' .:. " .. . .l!.-:....... .......- ..,..
,
........' .. ',. . ..:.....,. .. ....... -.
~~~:~~~~IlTi~T~: ~~tfTH.RbU~~ltt~tiEF.~~OF.;
ENVIR:6NMENt:Ai.. PROJECTION " .
. . .' '. . .... 'I . .' ..... .'.," , ".':... ..; ........ .: ." :. .~., ~ . " , . ,,' " ,.,.:,' ". ,'..~. . '. ..."..,..' . ," '.
'FbR AN. :Ex'rE'MSlo~r;OF 1!mlmITBl5.' W APPlNGElt:WAlJ'ItR DISTRiCT
..' '. /. , . I .', .," ._, . "".," .' . '.. .,.. .... ." . .
.\1','
. \
1;O..rIm:'1;QWN;.B9ARPi)F'-fHl:lTO~;6.F'.wAPPINnER;.,
':.do T:d;wi,f.B;~: i .
;Z9J!~fi~di~b~ .i:toaA
W~ppip.g~~~'.E.iiU#~ ~ew YpiK;:r~;?~~ ::
1.$.i' ~d&slbed,~ ~pemg<$~ ~!~f',~i.', 'ta4:ab.l~ r~' property; situate;:aI'ln~!:the:"~p:osed
'.EXtension. Ar,ea hereinaft&descrl.bed"aiid.m(j' '.sM,:f{:)b~'i""",;sbiWled:m:;tlie 'Town'of~:Wli";;'ii'l;:.. 'er.:
. . ....., _........r.,~ ~.",..",. .~~ .." ..,.."".... .'''.".. "..,.P.ti'p;lg,.~
lftJ,teh~s G,Q1,lD,tY'. New'Y.qrk (tiie~#t(;jWd~:. ~{(aggtegatiiig i'ijO%:oftbe i:1sseSse.tt"vaiuatlbn'; 6'{
;aiI;~bie:~teat to e~'.iri tbi~. . !Cl "oSecLEkteiiSion A;~e:a:.to tl:#UmtOo,Wil' ,. '':'er.'..w:~teii:D~ci
..' . .. .;.P P ..~~ .......> $' . ;p. . ..,.... .".." r "ffi' '.:. .' """-:)' '. ..p.p~ ..' . ',..,,,..' . ,'. . .
~~e~~'~9JWWD~)I.~;sho~ u:pof:ltfie.~~est~s~riieriitoll.:-91 said: ToWt};,and there b~itI;g.
'nO. :~M~gy' ~er ~wners,tIr. s~4 ~~~~$eq. :?:~~~q~::0,;f~' aCcorc1W.g ..tci~ tht: la1~st; c9.plple~~4
$eS$~;:ro~, d{Fhereby~etiti6n:.the'Town.~0.ara.as.:.fdI16ws':
1.<' Pet1ti~neis Propds~1 purSUarirt6':'~j~, t~',~fffi~''i~v.ri:rLa-w; tlia~.1he'TQv.m ~&'~4
.qf.~j~j:q.~.pf~M1n4iger'(h~~inatte~ the57o*'~~ii~n4.thi1J~a.Wap'pihger Water Di~icict
.inttic~to~or'ws;"-:""irigb.r ..to'iri~lude' 'the':fo1t6~'ldefi.il:ified'" atoer~6r:-'fop'~:~ :
. ..... .,~.,..".. ~.. . , "':. ........,.. .' .." ',,'. .'"...' .P. ........, ...,Po, ."" .
"'Ii :P:i"O'~;:' identifieq:'b." te~:' l<':""~;' :tii:x::,','''~ no~6rr56-01-2889TiiOoou:
I.:. "." P':"~~J' .'. .. ..)1,... .:a,.L.J? ~"".:T; '. .,'.'. gJ:1\"l; . ,.,- "-. ,....~ ,. . ..!.. ....
:eWiled:~}' the City:~qrNew York.~~;.t:i1.lm:l(ftlit~~~its,'Depanm~n(qf'
:En' ~". ','h1hental Pritebtio as 'des:'b6iffu 'EXhibitAtthe'.~Slte'?)"": J
I' '.,.Y.J.ro... "... Q.~: n, . .CP ",,'''.. ... ....,'..... .... ".,.
j. . ':
. .2JJ. rA'tt8'&hecLn"'; l;:fo.ani:l made.;a 'art ~eof ikB)tiUb'i B'<ls,.'l1 Ma:. f.lian' and Re' 'ort
: '. ,'. ""''',~C'\ ':';::)""""''';~;'':. :: '.-::" ";?". . .:.:.;..........:.,:..;..r., .,,:o....:.:....:=B...:.:...:.....: ;.p;"'"
.&tedMay 1~!'2lH:Z::e~:,PIrm andRi~port .);.cQnt$iiing:~.1;tji~~ .~gJ1?;~r:Qg~~: of the. ~~~&:
,?fatei' ~~t#Rfl~ t.Qg~\#. '.~li,i tb,~ .'.&.~~~OI1. '.;Area. 1tQ,IJ'i!WjJ.~ ~ w~l~; ;~ ihe::J(:i~tQn .,oLalI:
:m ." sed! ~6i"~~5if. extensibnsi ~h draiits. .and: Qtb'~r' a . "Uiibnances: tt)"b" la.ca~a:Wi~hmLsaidi
.p RO '"j ....."..." .,,' ..y........ ~:. .... .."'.' p,p."...,......._.',,'h...."..~ ............."."" .... .
Ejct~~i~w!~~~i~~~~. ~'.:thf:f..:eXiiensiQn <>Itbe;Wafer.'fac.'Uiiies;)t(j .'~ib.o:vetr.e.f~r~etl 'i?atc.els.
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;3'" ;the :Map: .Plan and' RepPit: jw:$, prepared.. o)J . iVf~iii~. A$e;4f.4~~ $h~~t:i~
CQn.s.JiJ~~:; 'r~G~Witf,t.. qtS~s.l()caiei4.: ~t 9.. :E~: Lim~~ .~.~~~$~~:"';t.[~:' ;YprJ{; :ti.~O:t?
comp.etetit,.eItgU1eetS~:.dU1y licet1secLhy th~::S,til:te ofNew"rot~"" .
.' "!'" .~, '.. . , .. .. . '.' .....
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..it TIle Site will. be.the: !tiCi!.tLdtJ::Qf cotistI:uction bf,'~ :bew::;~aft th;ELt j,S' :~. of-Newj
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Y~r~ qty"s,.~~t~~:.f9i ~$~:iqture,ptojepf n.c; Sfte::is.adJacent,to .,&~w; YotkCrty'fs .ctIrte.nt~:~ft:
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'Win be. :tl:1.r:g~ the' w.at~rlfu.~<oonSfructed.,illi :.accora~ With 'an TIrterg.overtili'ieiitaL:Agfeem:ent
beMetn..:tht.,,:!'own:ofW"'..... .;ei;':mili the<Ci:h~1difN~w'v.brk ("lOA")'! as sho:?;1ri.tinJExlUbft:.af
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wiJfi~:n,'.the. p.rP.p~se4,~nsiSin.-A.t~as'&scrl~.:in;MibifB~Wi1t1:?e'paid'fdl""ili.a~cordaiic~. with'
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~i1e.c<~a..frdm the.;s:eV:et~.iotSan~:.p'~eis. 0t1aJa~.:with~'n t4.~. ])istriOt~ ~~~'~I;ltiy~*-t~~.J)1'
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the. un~ed p('h:cel~o.~rin accefdanee-Mth :the.KJA~. .
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i.. . the;.~~ted' maiimum.:kmoonttpr-oposed'l:to: ibe~exRend6a;:'fur .t1le.. co~~ii.on:
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.Witfi;:tliis exteiiSioi:{':o{'~:etiti.Elli shall .be" liai&>'ftiom' the' 'flmdS;auocated'.t6' \:icn 6DStni6tiort.'-and
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. :8~., the ~~eilSe :'9f:()peta.tibtf.~amd.M'amienartc,~.:{~~M) of,said,j)iStrf~,'.foi16Vi~e',:
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;the:'~.Site..,Will be 'aSsigned b~fit mfuS t&;:theip'~ses;.6r~ie:~1l ireriefir~~~~eri~.f.~f:~
re"Eit.""'en1;>:of e"'stm;.; .ca.itid: :1)...'tiifed, fudebt~es" .'reVioiisi". IDcurrM 13 . ilie .tJW:WD. li1
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APPENDIX C
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REV, No.
DESCRIPTION
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BY
~MORRIS ASSOCIATES,
ENGINEERi'lG CONSULTANTS, PlLe
9 Ela 'ale. 64 GIllen SlJeel
PoughI:oepsl., NIlWV....12601 HudSOn. NewYod"~
Pho..Ho.IWI~11 !PhcnONo.I5181JD&" XllXl
F<o<Ho..(WjQ.l.1962 F<o<HD. (518) 1l28-390S3,
UNITED WAPPINGER WATER DISTRICT
WATER MAIN EXTENSION TO NYCDEP
TOWN OF WAPfllNGER
DUTCHESS COUNTY, NY
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FILE No.
AREA MAP
DESIGNED 8Y: MA
WN BY: MA
CHEa<i!D IIV: MA
SCALE
1 "=2000'
DATE
5/2/12
W21215.01
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APPENDIX D .
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UWWD to NYCDEP and Chelsea Area" Water Main Extension Cost Estfmates
March 20, 2012
Water Main Extension from UWWD to NYCDEP (Rte 9/CR28 to NYCDEP. Wheeler/Carnwath ) .
Item Units Unit Cost Quantitv Total Cost
12" Main _ Old HopeweIVC.R.28 L.F. $325 7800 $2,535,000
12" Main _ Wheeler Hili, River Rd. L.F. $225 8300 $1,867,500
12" Main _ Off Road L.F. $175 3500 $612,500
state/County Road Crossings EA. $30,000 1 $30,000
Wet Taps EA. $5,000 1 $5,000
Subtotal Construction Costs:
10% Construction Contingencies:
Total Construction Costs:
SAY:
30% Legal, Admin., Engineering, Contingencies:
Total estimated Capital Costs:
SAY:
E:\documents\T Wappinger\a W2011\W21117 NYCDEP RWBT bypass
tunneJ\DEP _Water _Ext_ Costs _ 032012.xls
$5,050,000
$505,000
$5,555,000
$5,555,000
$1,666,500
$7,221,500
$7,222,000
6/1312012
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TOWN OF POUGHKEEPSIE
OF EAST F1SHKILL
PROPOSED PHASE 2
I/T PARCElS - aELSSA
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CRAPHIC SCALE
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STORAGE TANJ(S
R.EETWOOO IMNOR
WAIEll DISTRICT
TIU.L mEES
WArERDlS1RICT
ORJG/NAI. lJNfT8) WAI'PINGER
MMTER DISTRICT
WATDlHU
WATERDlSTRICT
PHASE 2" '~T PARCELS.ae.sEA
NYr:OEPPARCB.
FHIISEf _
FHIISE 2f'f1'1NG
NOTE:
B4SE MAP OBTAINED FROM 2OIJ5 /XJUPREHENS/VE PIAN
PREPARED BY FREDER1CK P. ClARK ASSOCl4 TES
R/TIJRE WAIEll MAIN
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PHAse 1 AND PHASE I EXTENSION
1'0 NYCDEP AND CHasEA
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OVERALL WATER DISTRtCT MAP
INCLUDING lMPROVEM;:~EA9
[Ri~((;~~'W~[Q)
STATE OF NEW YORK
COUNTY OF DUTCHESS: TOWN OF WAPPINGER
AUG 0 9 2012
TOWN OF WAPPINGER
TOWN CLERK
IN THE MATTER OF THE PETITION OF
THE CITY NEW YORK ACTING BY AND THROUGH ITS DEPARTMENT OF
ENVIRONMENTAL PROTECTION
FOR AN EXTENSION OF THE UNITED WAPPINGER WATER DISTRICT
TO THE TOWN BOARD OF THE TOWN OF WAPPINGER
c/o Town Hall
20 Middlebush Road
Wappingers Falls, New York 12590
The undersigned, being the owner of all taxable real property situated in the proposed
Extension Area hereinafter described and proposed to be established in the Town of Wappinger,
Dutchess County, New York (the "Town"), and aggregating 100% of the assessed valuation of
all taxable real property in the proposed Extension Area to the United Wappinger Water District
(hereinafter "UWWD"), as shown upon the latest assessment roll of said Town, and there being
no resident parcel owners in said proposed Extension Area, according to the latest completed
assessment roll, do hereby Petition the Town Board as follows:
1. Petitioners propose, pursuant to Article 12 of the Town Law, that the Town Board
of the Town of Wappinger (hereinafter the "Town") extend the United Wappinger Water District
in the Town of Wappinger, to include the following identified parcel of property:
Property identified by real property tax grid no. 6056-01-288977-0000
owned by the City of New York acting by and through its Department of
Environmental Protection, as described in Exhibit A (the "Site").
2. Attached hereto and made a part hereof as Exhibit B is a Map Plan and Report
dated May 12, 2012 ("Map Plan and Report") containing a map of the boundaries of the existing
water district, together with the Extension Area to UWWD, as well as the location of all
proposed water main extensions, hydrants, and other appurtenances to be located within said
Extension Area, as well as the extension of the water facilities to the above referenced parcels.
3. The Map Plan and Report was prepared by Morris Associates Engineering
Consultants, PLLC, with offices located at 9 Elks Lane, Poughkeepsie, New York 12601,
competent engineers, duly licensed by the State of New York.
4. The Site will be the location of construction of a new shaft that is part of New
York City's Water for the Future Project. TheSiteisadjacent to_New York City's current Shaft
6 site along the Hudson River. The actual connection layout of the water facilities to the Site
will be through the water line constructed in accordance with an Intergovernmental Agreement
between the Town of Wappinger and the City of New York ("IGA"), as shown on Exhibit B.
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5. All construction work for the laying out and installation of the improvements
within the proposed Extension Area as described in Exhibit B will be paid for in accordance with
the IGA and no expenses occasioned by the expansion of said UWWD shall be levied and
collected from the several lots and parcels of land within the District as same currently exists, by
assessment or otherwise, and any and all such work shall be done, undertaken and completed by
the undersigned parcel owner in accordance with the IGA.
6. The proposed Extension Area will provide water to the Site described m
paragraph 1 above.
7. The estimated maximum amount proposed to be expended for the construction
and installation of the above described water improvement is nine million dollars
($9,000,000.00), the cost of which shall be paid for by the undersigned pursuant to conditions
outlined within the IGA described in paragraph 5 above. Any fees or amounts due in connection
with this extension or petition shall be paid from the funds allocated to such construction and
installation in the IGA.
8. The expense of Operation and Maintenance (O&M) of said District, following the
expansion, shall be assessed, levied and collected from the lot and parcel of land within the
proposed District, as extended, so much upon and from each as shall be determined in
accordance with the 0 & M formula previously established by the Town Board for UWWD.
9. The undersigned acknowledge that upon completion of the construction and
installation of the water pipes and appurtenances associated with the instant Extension Area, that
the Site will be assigned benefit units for the purposes of levying benefit assessments for the
repayment of existing capital bonded indebtedness previously incurred by the UWWD. In
addition, the Site will also be charged, quarterly, for O&M expenses based on metered water
consumed in accordance with the rates established by the Town Board and as the same may be
amended from time to time hereafter.
10. The proposed valuation of all taxable real property situate in the proposed
Extension Area of the UWWD, as such valuations appear in the latest completed assessment roll
of the Town of Wappinger is $337,500.00. The undersigned is the sole non-resident owner of all
real property situated in the proposed Extension Area.
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WHEREFORE, the undersigned Petitioner respectfully requests that the Town Board of the Town of
Wappinger establish an Extension Area to the United Wappinger Water District hereinabove proposed
and described and that a public hearing thereon be held according to law.
Dated:
':S-J~ s.D ,2012
THE CITY OF NEW YORK, acting by and
through its DEPARTMENT OF
E:~AL PROTECTION
By: ~ C),
ame: VkviJ2 5. WAR-ve..
Title: A . 1.- l /'J
. S~ 1-:;' r....\r-r LP II""- IM-~ ,.. S lo","<-......-
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STATE OF NEW YORK
COUNTY OF ~S 'T01A-
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On the "7 ~ day of 2JV~ ' 2012, before me, the undersigned, personally
appeared y A:J I '9 (pMr-7C~ kn wn to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the indivi 1 acted, executed the
instrument.
otary Public
MATTHEW J. GIANNETTA
Notary Public, State of New Yo..r~ -. \....__........
No. 01 G\5075688 f?v~ r 1
Qualified in ~r CollDW
Commission Expires April? ~QJ..s
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