NYC DEP
GERALD A. VERGILlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND****
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
KEVIN 1. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
MELISSA A. MANNA-WJLLIAMS
(845) 298-2000
FAX (845) 298-2842
www.vsrp.coll1
e-mail: info@vsrp.com
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A OAKLEY
MARY L DOLFINGER
CLOSING COORDINATOR:
MARIA L JONES
POUGHKEEPSIE OffICE
By Appointment Only
(845)452-]046
'ALSO ADMITTED IN FLA.
"ALSO ADMITTED IN CONN.
.., ALSO ADMITTED IN NJ
.... ALSO ADMITTED IN FL & MA
August 29,2012
Via Overnight Delivery
New York City Department of
Environmental Protection
59-17 Junction Boulevard - 19th Floor
Flushing, New York 11373-5108
Attention: Joya Cohen
Re: NYC DEP -w- Town of Wappinger
IntergovernnaentalAgreement
Dear J oya:
I am pleased to enclose herewith five (5) duplicate originals of the Intergovernmental
Agreement duly executed by Supervisor Barbara A. Gutzler. I also enclose a Certified
Copy of the Resolution reconfirming her authority to sign the Intergovernmental
Agreement. Please return at least two (2) fully executed duplicate originals ofthe
Agreement to my office. If anything further is required, please contact my office
immediately.
Very truly yours,
2STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT P. ROBERTS
APRldap
Enclosures
cc: Hon. Barbara A. Gutzler, Supervisor
Town of Wappinger Town Board
O:\Wappinger\Town Board\NYC DEP Water Supply Request\IGA\8-29-2012 draft letter to J. Cohen re signed agreement.doc
2012-217
Resolution Confirming the Authority Given to the Supervisor to Execute Inter-
Governmental Agreement with the City of New York
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 Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, by Resolution adopted on May 15, 2012, the Town Board ratified the
Supervisor's execution of an Agreement in Principle (AlP) which outlined the terms and
conditions pursuant to which the Town of Wappinger (Town) through the United Wappinger
Water District (UWWD) will construct a 12 inch water main from a point of connection with the
UWWD water system to the Chelsea Shaft 6B Site owned by the City of New York (City) and
operated through its Department of Environmental Protection (DEP); and
WHEREAS, the AIP contemplated the City and the Town entering into a formal Inter-
Governmental Agreement (IGA) specifying in greater detail the terms, conditions and
obligations of the parties with respect to the construction of the 12 inch water main to the Shaft
68 Site with the expressed understanding that upon execution of said lGA, the lGA would be
submitted to the City Comptroller for registration as required by the City Charter; and
WHEREAS, by Resolution adopted on June 25,2012, the Town Board authorized
Supervisor Gutzler to execute an lGA by and behalf of the Town of Wappinger and further
authorized the Supervisor, the Town Attorney and the Town Engineer to negotiate and modify
the terms, conditions and obligations contained in the lGA as deemed appropriate; and
WHEREAS, subsequent to the execution of the AIP, the Supervisor, with consultation
from the Town Engineer, Robert J. Gray, and the Town Attorney, Albert P. Roberts, have
negotiated the terms of a formal lGA, a copy of which is affixed hereto; and
WHEREAS, the New Yark City Department of Law has approved the terms and
conditions set forth in the lGA and the Town has been informed that the lGA has been forwarded
to the City Comptroller for registration.
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 confirms the authority given to Supervisor, Barbara A.
Gutzler to negotiate and enter into a formal IGA by and on behalf ofthe Town of
Wappinger and UWWD with the DEP for the construction of a 12" water main
from a point of connection with UWWD to the Chelsea Shaft 6B site, upon terms
and conditions more particularly set forth and contained in the IGA, a copy of
which is affixed hereto.
3. The Town Board members individually confirm that they have each read the IGA,
understand the terms thereof, and concur with the terms and conditions stated
therein.
4. The Town Board, by and on behalf of itself and UWWD, hereby ratifies and
confirms the authority given to Supervisor, Barbara A. Gutzler to execute the IGA
in the form attached hereto, in four (4) original counterparts and to forward same
for execution by the New York City Department of Environmental Protection on
behalf of the City of New York.
5. The Town Board further acknowledges that the IGA is to be submitted to the City
Comptroller for registration.
The foregoing was put to a vote which resulted as follows:
" ~
BARBARA 6UTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCIL WOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
j
Dated: Wappingers Falls, New York
8/13/2012
The Resolution is hereby duly declared adopted.
~
STINE FUL TO , TOWN CLERK
STATE OF NEW YORK,
COUNTY OF DUTCHESS,
TOWN OF WAPPINGER
I, CHRISTINE FULTON, Town Clerk of the Town of Wappinger, N.Y., do hereby certify that I have compared the
foregoing copy of Resolution 2012-217: Resolution Confirming the Authority Given to the
Supervisor to Execute Inter-Government Agreement with the City of New York
)
}
SS.:
ff
~
with the original record thereof now remaining on file or of record in the office )
and have found the same to be correct transcript therefrom and the whole of
such original record.
IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my
"a1 of offioe, th;, '2-1h ~ ' 20~
_~~~ "-- , Town Clerk
By , Deputy Clerk
b FILE
AGREEMENT BETWEEN THE CITY OF NEW YORK AND THE
TOWN OF WAPPINGER, NEW YORK FOR CONSTRUCTION OF
A WATER SUPPLY AND DISTRIBUTION SYSTEM
THIS 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,
and
TOWN OF WAPPINGER ("Town"),
a municipal subdivision ofthe State of New 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 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 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
1
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 at the 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 available 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 ofthe 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.
2
2. Definitions of Terms
A. "City" - The City of New York.
B. "Town" - 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 upon which Shaft
6B shall be constructed.
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.
(III) Phase II Design Work more specifically set forth in Section 7.
(rV) 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.
3
1. "Phase II Service Area" - The area ofthe 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 govenunental bodies that are required by law to perform
specified work or engage in the specified activity.
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 of Proiect Work.
Milestones. The Town shall undertake and perform all ofthe tasks necessary to complete the
Project Work in accordance with the milestone dates set forth in Exhibit B hereto.
4. Expiration and Extension of Ae;reement.
Unless otherwise extended in writing by both parties, this Agreement shall expire on the completion
ofthe Delaware Aqueduct Rondout- West Branch Tunnel (RWBT) 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 Desie;n 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 1 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
4
(a) Selection of a route and prepare a design of the Phase I Water Main in
accordance with DEP's rights set forth in Section 5.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 ofHeaIth.
(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 ofthe 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.
(iii) The Phase I Water Main shall be in substantial accordance with
the maps on Exhibit A hereto.
(II) SEQRA 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 Proj ect.
5
(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 Proj ect following SEQRA
guidelines.
(III) Phase I Extension of UWWD
(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, but not limited to:
(i) Accept Petition of DEP 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 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 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.
6
(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.
(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.
(V) Phase I Eminent Domain Proceedings (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:
(i) Obtain surveys and appraisals for all properties subject to the
EDPL proceedings;
(ii) 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;
(iii) 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.
7
(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.
(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.
(VII) Phase I Construction Planning & Contract Preparation
(a) As part of the Phase 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:
(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 Town 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 Design Review & Contract Review
(I) 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
8
provisions of this section and (ii) approve the selection of the route for the Phase I
Water Main.
(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 ofthe 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 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.
(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 ofthe 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. A ward of 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 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 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 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 Work is 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 II DesieD 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 ofUWWD 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 12-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; and
(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 with DEP'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, and/or any other applicable guidelines set
forth by the New York State Department of Health.
(III) Phase II Easements.
(a) Prior to the commencement 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.
(V) 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
provisions of this section and (ii) approve the selection ofthe distribution area for the
Phase II Construction Work.
(II) The Town shall submit the Plans and Specifications for the Phase II 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 II Plans and
Specifications.
(III) A copy of the Construction Contract, drawings, Plans and Specifications and
bidding documents for the Phase II 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 II
(I) Advertising for bids for the Phase II 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 and review the bids for completeness and
responsiveness to the bid solicitation documents and determine the lowest
responsible bidder.
(IV) Review of Bidders by DEP
15
(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.
(d) In the event that the Town learns it may not obtain a Necessary Approval
prior to a milestone date, the Town shall notify DEP immediately, in writing,
in accordance with the provisions of Section l7 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),
(ii) 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 far the Phase II Construction Wark.
(d) The Town reserves the right to 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
(I) 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
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(a) Promptly after the opening ofthe 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 determine 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.
(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 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.
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(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 any aspect of the Work.
(III) 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 Wark 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:
(1) the actual cost to the Town to perform the Phase I and Phase II Design Work;
(II) the actual cost of the Phase I and Phase II Construction Work performed by the
contractor(s) in accordance with competitively bid contract work pursuant to General
Municipal Law ~ 103, including the cost of premiums for all insurance and/or
performance and payment bonds required by this Agreement;
(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 m
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).
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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 II
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 $11,000,000, the
Town may submit a request in writing to DEP to use any remaining funds towards additional
water main work in the vicinity of the Site. The Town shall make such request for remaining
funds as soon as possible after the award of the Phase II Construction Contract, but in no
event later than October 1,2014, unless otherwise approved in writing by DEP. DEP shall
provide a written response to such request within forty-five (45) days.
D. Administration of Funds by the Town. The Town shall manage, coordinate and
administer the Project costs and payments required in connection with the Project in
accordance with the terms herein, including compliance with the deadlines set forth in
Exhibit B hereto. The Town shall deposit all funds received pursuant to this Agreement in
an account not to be co-mingled with other sources and shall use such funds solely to fulfill
its obligations hereunder. In no event shall any funds distributed by DEP to the Town under
this Agreement be used for any expense other than Eligible Costs.
10. Payment.
A. Release of Funds.
(1) Simultaneously with the execution ofthis Agreement, the Town has submitted
an initial budget estimate in the amount of$l ,000,000 for the cost of Phase I Design
Work.
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(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 acknowledge 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:
(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 ofthe award ofthe 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 II Design Work, the Town shall submit an
invoice to DEP representing:
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(a) the estimated cost of the Phase II Construction Work (minus any funds
that may be remaining from 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 II 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.
B. Payments by 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 ~ 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 purchase 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.
(III) 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 S~ 118 and 119.
C. Reconciliation.
(I) Prior to requesting funding for Phase I Construction Work, Phase II 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 next 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. Right 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 expenses borne by the Town which exceed the Total Eligible
Costs, as allocated pursuant to this Agreement, shall be borne by the Town.
G. Delays 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. Payment 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
Commissioner 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 determination. 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 Proiect.
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 Supplv for DEP's Construction Requirements.
-\.-,
A. DEP Water Requirements.
The Town shall complete the Phase I Construction Work by the deadline set forth 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.
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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.
(III) DEP shall give access to the Town, or contract employees ofthe Town, to the
area of the meter pit for purposes of inspection, repair, modification 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. Independent 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 oftheir 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 ofthe 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 ofthe 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 officers, 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 ofthe work performed
by the contractor or subcontractor, shall be issued by a surety company qualified 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
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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 and/or subcontractors) and costs and expenses of
whatever kind (including but not limited 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 and/or subcontractors in the performance of this Agreement or
from the Town, its contractors, consultants and/or subcontractors' failure to comply with any
of the provisions ofthis 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 of cross-claim, 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 Indernnitees
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 ofthis Agreement shall operate
whether or not the Town, its contractors, consultants and/or 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
26
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 Payment.
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, New 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
27
To the Town:
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attn: Town Clerk and Attn: Town Supervisor
With a copy to:
Albert P. Roberts, Esq.
Vergilis, Stenger, Roberts, Davis & Diamond, LLP
1136 Route 9
Wappingers Falls, New York 12590
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. Compliance with Public Biddinf! and Procurement Requirements.
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 ifthe Town were funding the Work, in
..
soliciting or procuring any ofthe Work.
19. Administration of Contracts.
The Town shall be responsible for administering all consultant contracts and construction
contracts necessary to complete the Project 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;
(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;
(IV) a provision that nothing contained in such contract or subcontract shall impair
the rights of the City and/or DEP hereunder;
(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 foIThs of
compensation, layoffs, termination, 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
29
(VIII) a provision requiring that any further contracting or subcontracting by the
contractor or subcontractor, as applicable, is subject to approval by the Town.
(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.
30
D. Acceptance of funds from the City hereunder shall be deemed at such time to be a
reaffirmation of the foregoing representations and warranties.
22. Town's Covenants. The Town covenants and agrees 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
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.
(1) 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 that the Town does not choose to alter the boundaries of the Phase II
Service Area or a second permissive referendum 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 II, to the extent that such costs, together with the
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 represents 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 hereunder.
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
31
by or in respect of, or filing with, any governmental body, agency or official (except for the
approval by the Mayor ofthe 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 execution and delivery by the Town,
constitute the legal, valid and binding agreement of the City and DEP, enforceable in
accordance with its terms.
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 knowledge, 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 of federal, State or local law, rule, regulation or
order, applicable to this Agreement, that is required to be included in this Agreement, is
32
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 Investie: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. Copvrie: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. Infrine: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 of this Agreement. The Town shall
33
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. Agents or Emplovees.
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.
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 Property.
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 ofthe 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.
34
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.
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.
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 Necessary Approvals and all permissions with respect to easements and land
use with respect to Phase lor 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
35
(III) the City determines 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.
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 of termination 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, (ii) such actions have been approved in writing by
the non-defaulting Party and (iii) 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 ofa 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
36
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. Delav in Obtaining Permits. In the event that the Town has submitted a complete
application for a permit 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 oftime 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 ofterrorism 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
37
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.
This Agreement is not intended to create any benefit or interest in any third party.
39. Assi2:nment.
This 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. Cooperatiom Oblieation to Provide Documents.
Both parties acknowledge and agree that during the term of this 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. This Agreement shall be governed by and construed in accordance 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 ofthe 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
38
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
ofthis Agreement, and to specifically enforce the terms and provisions ofthis 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 ajudicial 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.
42. Severability; Entire Af!reement.
A. If any provision of this Agreement or its application is determined to be invalid, illegal or
unenforceable in any respect, the validity, legality 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.
39
IN WITNESS WHEREOF, the 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 of New York, one part to be retained by the Department of Environmental Protection
and two parts to be delivered to the Town.
BY:
TOWN OF WAPPINGER
By:~I2~
/ I
Supervisor of Town of Wappinger
THE CITY OF NEW YORK
Department of Environmental Protection
Dated:
, 2012
Dated: ~k01.:Z t: 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 )
S8.:
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) whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in hislherltheir capacity(ies), and that by hislherltheir signature(s) on the instrument, the
individual(s) or person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
State of New York )
ss.:
County of DU'lc/fES.3 )
tfv
On the ;J....S; day of , in the year 2012 before me, the undersigned, personally
appeared 13 !( t7 lffZL.E1<- , personally known to me or proved to me
on the basis of satisfactory evidence to be the individual(s) whose narne(s) is(are) subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
hislherltheir capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s) or person upon behalf of which the individual(s) acted, executed the instrument.
AljJ6iO~
-Notary Public
ALBERT P. ROBERTS
Notary Public State of New Yortc
No.02R03301620
Qualified in Dutchess County \4-
Commission Expires February 28, 2()..
EXHIBITS
EXHIBIT A - CONCEPT MAP FOR PHASE I and II
EXHIBIT B - PROJECT MILESTONES
EXHIBIT C - CAPACITY ENGINEER'S REPORT
EXHIBIT D - INSURANCE REQUIREMENTS
TOWN OF POUGHKEEPSIE
",....
fg}I ~-~-~""7"-__,...~_
A'/~I j'v~~t::~.-._., TOWN OF LAGRANGE
<1'1"<-/- /\~< ,>> '(~--;::;22'4:x;.,.,..,.".._
" I ,!, \1~..>~ ,. ", '. ""'I'>~" '0'V ..... /V--~
..,~~'.....-, ."
t~~~
.'~ . ~ \ \
PROPOSED PHASE 2
147 PARCELS. CHELSEA
A 1lAS
WEUS
LEGEND
OF EAST F1SHKlll
e AlUNtClPAL HEU
CD STD'lAGE TANKS
m R.EETWooo .ow.oo
WATFR OIS11l1Cr
- TAll TREES
WA TER DlSTRlCT
- ORIGI1VAI. UN1TED~
....-0ISmICr
0 WA TcH Hfl.L
WATER DIS11lJCT
- PHASE.2 '32 PARCEl..S-CHEl.SEA
~ NI'COEP PARI:a
PROPOSED WATER MAIN
CONNECT7ON TO UNfTED
WAPPINGER WA TER DISTRICT
PHAsE, _
PHAsEZPIP6VG
f'1.I77.IREWATERMAIN
LOOP
"
NOTE'
BASE MAP Ol1TA1NElJ FROM 2rJIJ5 COMPI?EHENSfIIE PIAN
PREl'AREDSYFREDER/a(p. ClARK~=
t,'..-..-'
CRAPHIC SCAlE
k.,..._~L:
T
PHASE f AND PHASE :I EXTENseofi
'''TO tm::OB' MD CHB...sa.
,.. rDT)
I_..~
OVERAll WA, TER OISTRJcr MAP
INCLUDING IMPROVEMENT AREAS
Exhibit B
Project Milestones
Phase 1 Task
Completion Date
May 17,2012
June 11, 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 3D, 2013
Certification of Construction/Approval to Operate Main September 16,2013
Final Completion December 2. 2013
"- Phase 2 Task
Award Bid
Final Completion
43
October 15, 2012
October 29,2012
Completion Date
November 4, 2013
November 17, 2014
TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
NYCDEP IGA EXHIBIT C
MA #W21215.01
JUNE 2012
PREPARED BY:
TABLE OF CONTENTS
Paqe
I. EXECUTIVE SUMMARY 1
1.1 Summary 1
II. INTRODUCTION 3
2.1 Background 3
2.2 Purpose and Scope 3
III. CAPACITY ANALYSIS 4
3.1 Current and Future Flows 4
3.2 Source Analysis 5
3.3 Storage Capacity 6
3.4 Treatment Capacity 6
3.5 Distribution System 7
Appendix A - NYCDEP and Chelsea Extension Area Map
Appendix 8 - Water Supply Permit for United Wappinger Water District
Appendix C - Hydrant Test Results and Chelsea Area Estimated Demands
CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-1-
JUNE 2012
I. EXECUTIVE SUMMARY
1.1 Summary
This report has been written to evaluate the feasibility of extending the
United Wappinger Water District (UWWD) to service the NYCDEP Shaft 6
parcel located on River Road. A map showing the proposed extension
route and the location of the NYCDEP parcel, along with the future
extension to the Chelsea area is included in Appendix A.
The estimated average day demand for the UWWD is approximately 1.0
million gallons per day (MGD), while the estimated future average day
demand for the current UWWD is approximately 1.23 ,MGD.
Based upon the results of the analysis, 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 total estimated.future average day demand for
the Chelsea area is approximately 51,600 gpd (0.052 MGD) and the
combined demand for the NYCDEP and Chelsea areas would be
approximately 0.221 MGD. In order to service both the NYCDEP and the
Chelsea area, it will be necessary to include the use 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 or the combined demand
of 0.221 MGD for the NYCDEP and Chelsea area. 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
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CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-2-
JUNE 2012
elevations are lower that at the point of connection and minimum
pressures with 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 the 61 GPM maximum demands for the Chelsea
area.
There appear to be no required distribution system improvements to the
UVWVD for the extension of service to the NYCDEP parcel. For the
Chelsea extension, installation of the Meadowwood loop would be
required in order to fully utilize the Meadowwood Vl:'ells.
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CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-3-
JUNE 2012
II. INTRODUCTION
2.1 Backqround
The United Wappinger Water District (UV'NVD) is a Town Water District
that currently serves approximately 14,000 customers (people) in the
Town of Wappinger. There are three (3) separate water treatment
facilities that supply the UWWD. The Atlas site includes a total of 6 wells,
the Hilltop site includes a total of 4 wells, and the Meadowwood site that
includes a total of 2 wells. The Atlas and Hilltop locations have been
recently connected by a 16" transmission line between the facilities. Each
facility includes treatment, consisting of hypochlorite disinfection, along
with storage tanks at Hilltop. The distribution system generally consists
mainly of ductile iron water main, with some transite (asbestos cement)
pipe, along with hydrants, valves and services. All parcels are now
metered.
The NYCDEP and the Town have entered into an agreement for the
UV'NVD to supply water to the NYCDEP for site use during construction of
a bypass tunnel. This will involve extension of the UWWD to serve the
NYCDEP Shaft 6 parcel located on River Road. A map showing the
proposed extension route and the location of the NYCDEP parcel to be
included in this proposed extension, along with the future extension to
service the Chelsea area, is included in Appendix A of this report.
2.2 Purpose and Scope
This report provides an analysis of the existing and proposed extension
system demands, source, treatment, storage and distribution system
requirements for the proposed extension to serve the NYCDEP parcel.
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CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-4-
JUNE 2012
III. CAPACITY ANALYSIS
The capacity analysis considers the available capacity within the existing United
Wappinger Water District (UWWD) and the excess capacity available for
extension of the existing District service area. This was performed based upon
the current operation of the water supply facilities.
3.1 Current and Future Flows of the existinq District
Flow information for the years 2007-2008 as reported by the Town
operator indicates that the average daily demand for the water system
was approximately 0.99 million gallons per day (MGD). The maximum
daily demand was also reported to be approximately 1.70 MGD during this
period. This results in a ratio of the maximum to average daily demand of
approximately 1.7.
According to the Dutchess County Department of Planning, the estimated
population for the Town of Wappinger will increase from an estimated
23,202 in 2005 to 26,996 in 2025, which represents an approximate
population increase of 16% over the next 20 years. It will be assumed that
the estimated water system demands will also increase by 16% over the
next 20 years. These results studies are summarized in the following
table:
1.7
16%
1.20
2.04
Flow reports for the year 2009 supplied by the Operator indicate these
numbers remain consistent. The only significant additions to the UWWD
since 2009 are the Adams Fairacre Farms site and the Friendly Motors
site, with an estimated combined average demand 0.026 MGD; so this
flow would be added to the above numbers to give the existing district
estimated totals as follows:
The most recent Water Supply permit for the UWWD appears in Appendix
B of this report.
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CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-5-
JUNE 2012
3.2 Source Analysis
The existing Atlas Well Field Water Supply Application (WSA #10,309)
indicates that the total approved well field capacity is approximately 1500
gallons per minute (GPM), with approved well capacities of 411 GPM
(Well #99-1), 402 GPM (Well #99-3), 250 GPM (Well #02-4), 300 GPM
(Well #02-5), 350 GPM (Well #02-6) and 200 GPM (Well #02-7). The
1500 GPM safe yield of the well field was determined based upon Water
Supply Pump Tests performed by Leggette, Brashears and Graham (LBG)
and appears to have taken into account the safe yield with the best well
out of service. Currently, four of the wells are operated to meet the
demands of the water system. Operating just the Atlas well field could
generate up to 2.16 MGD, which is above both the average and maximum
day demands of the water system.
After connection of the Atlas water system, the Hilltop well fields are now
used as a backup water supply. The initial Water Supply Application
(WSA #7005) consisted of three (3) wells with combined approved
capacities of 800 GPM. The current four (4) wells at Hilltop reportedly can
produce around 900 GPM, under normal flow conditions. It should be
noted that the wells can be significantly impacted by drought conditions. It
is noted that the combined well field production has been as low as 350
GPM during drought conditions, which was reported to occur during the
summer of 1999. For design purposes, the capacity of the Hilltop well
fields is approximately 350 GPM.
In addition to the Atlas and Hilltop wells, there are two (2) additional
approved wells and a separate treatment facility referred to as the
Meadowwood Well Field. These wells are approved at 150 GPM each or
for a total of 300 GPM, based upon WSA #10310. Due to the existing
system configuration and impacts to the nearby distribution system, it has
not been recommended to utilize these wells without further modifications
to the distribution system. Therefore, this well source will not be included
in the current evaluation, but will be considered for future extensions. The
Recommended Standards for Water Works (Ten States Standards)
stipulates that the groundwater supply meet the maximum day demand
conditions with the best well out of service. It is estimated that the well
capacity with the best well out of service is 1850 GPM or 2.66 MGD. It is
recommended that a 10% reserve capacity be maintained in the system,
as once the excess capacity is less than 10% of the total capacity,
additional source capacity would be recommended for the water system.
This would reduce the available capacity by 0.26 MGD to 2.40 MGD. As
the estimated future maximum day demand of the system is approximately
2.08 MGD, there is an estimated 0.32 MGD in excess capacity available
for potential expansion based upon the maximum day demands. Using
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CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-G-
JUNE 2012
the existing ratio of maximum to average daily demand of 1.7, this equates
to a future average demand excess capacity of 0.19 MGD.
The estimated demands for the NYCDEP parcel are 169,200 gallons per
day (gpd) on an average day basis, or 0.169 MGD. The existing excess
source capacity is 0.19 MGD on an average day basis and 0.32 MGD on a
maximum day basis, so there is sufficient available excess capacity to
support the NYCDEP source demands.
It should be noted that if the Meadowwood wells were included in the
analysis, the well capacity with the best well out of service would increase
to 2150 GPM or 3.10 MGD. Allowing for a 10% reserve capacity would
reduce this value to 2.79 MGD and result in an excess maximum day
capacity of 0.71 MGD. Using the maximum to average demand ratio of
1.7 would result in a future average demand excess of capacity of 0.42
MGD.
The estimated demands for the Chelsea area are shown in Appendix C of
this report. The estimated future average day demand for the Chelsea
area is approximately 51,600 gpd (0.052 MGD) and the combined demand
for the NYCDEP and Chelsea areas would be approximately 0.221 MGD.
This value is above the 0.19 MGD excess capacity of the Atlas and Hilltop
wells, so in order to service both the NYCDEP and the Chelsea area, it will
be necessary to include the use of the Meadowwood wells. Inclusion of
the Meadowwood wells will more than support the needs of both the
NYCDEP parcel and the Chelsea area.
3.3 Storaqe Capacity
The UWVVD has a total of two (2) storage tanks, with reported operational
capacities of 1.1 and 0.6 million gallons (MG). Ten States Standards
requires that one day of storage (based upon an average day demand) be
provided for the water system. Since the future average demand of the
UvmD is estimated at 1.23 MGD, there is currently an excess storage
capacity of 0.47 MG. The excess storage capacity is greater than the
estimated demand of 0.169 MGD for the NYCDEP parcel or the combined
demand of 0.221 MGD for the NYCDEP and Chelsea area. The excess
storage capacity can more than support the requirements for the NYCDEP
parcel and the Chelsea area.
3.4 Treatment Capacity
Currently, the only treatment provided at the UVWVD consists of
disinfection, in the form of sodium hypochlorite. As the chlorination
facilities are sized based upon the well capacities, for the purposes of this
E:\documents\T Wappinger\a W2012\W21215 NYCDEP Exlension\Submissions & Approvals\CapacitLReport_061912.doc
CAPACITY REPORT - NYCDEP EXTENSION
UNITED WAPPINGER WATER DISTRICT
PAGE-7-
JUNE 2012
report, it will be assumed that the well capacity is the limiting factor in
terms of available treatment capacity. The Town has evaluated the future
installation of cartridge filters at the Atlas and Hilltop water systems and
these units will be sized based upon existing well capacities. The
Meadowwood wells already have cartridge filter units present.
3.5 Distribution System
In terms of the distribution system, the water distribution piping consists of
water main from 8" to 16" in diameter. In order to evaluate the impacts of
any system extensions, site specific hydrant testing will be required for
each separate extension area, since there is currently no water distribution
system model available. In general, adequate pressures have been
reported to be provided throughout the existing distribution system. Any
system extension will need to be designed to meet the requirements of
Ten States Standards, which calls for a minimum of 20 psi at all points in
the distribution system under all flow conditions. In addition, any
extension will need to be designed to provide a minimum 35 psi normal
working pressure.
In order to evaluate the impacts for the DEP extension, recent hydrant test
results from old Route 9 (near the proposed connection point) were
evaluated. These results indicated that for a flow rate of 750 GPM, a
residual pressure of 98 PSI was recorded. A 12" water main extension to
the NYCDEP parcel was proposed in order to maintain this level of flow
capacity with adequate pressure to the proposed connection point. The
proposed extension elevations are lower that at the point of connection
and minimum pressures with be maintained throughout the distribution
system in conformance with Ten States Standards. It is anticipated that 8"
water main will be installed throughout the Chelsea area. The fire flow
demand of 750 GPM is well in excess of the maximum flow rate of 200
GPM for the NYCOEP parcel as well as the estimated maximum day
demand of the Chelsea area of 87,700 GPO or 61 GPM.
There appear to be no required distribution system improvements to the
UVWVO for the extension of service to the NYCDEP parcel. For the
Chelsea extension, installation of the Meadowwood loop would be
required in order to fully utilize the Meadowwood wells. In addition to the
Meadowwood loop, the Town is considering the future installation of a
water main loop in the Route 9 area to improve the reliability of the water
main in this area.
E:\documentsIT Wappinger\a W20121W21215 NYCDEP ExtensionlSubmissions & ApprovalsICapacity_Report_061912.doc
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~MORRIS ASSOCIATES,
_CllNSlI.TNIlS. PUC
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DATE
SCALE
FILE No.
""MA
6113112
1'=2000'
_In': MA
W21215
"" MA
LEGEND
PHASE f
'2" WA TER MAIN
_ _ _ _ _ _ - PHASE 1 At TERNATE ROUTE
,r WATER MAIN
______________ PH4SE2
e"WATERUAIN
REV. No.
DESCRJPTlON'
UNITED WAPPINGER WATER DISTRIC
WATER MAIN EXTENSION TO NYCDEP
TOWN OF WAPPINGER
DUTCHESS COUNTY. NY
AREA MAP
OWG AOW
9~.20.6( IOlQO}-15t IU
NEW \'ORK STATE DEPARTMENT O~ ENVIRONMENTAL CONSERVATION
Df,C I'ERMIT NUMBER
..
~.
EITECTlV r. D,\ TE
3-1356-00282/00002
Mu)' 16.2011
FA\lLlT\'/I'ROGRAlvl NUMBER!,)
})ERMIT
llnder the En\'lronmcllti,1 COllsen-ll1iulI Law (EeL)
EXI'IIlATlON D,\TI'
WSAtll1,462
None (Except see
Condition "D" 011 poge 3)
TY!'E Of PERMIT (('heel .~" ^1'1"it"hlc nuxes)
IRlNtW Renewal ~looiflc;uion Pt'rmil 10 ConslIlIcl (l(rullI111 Olcralt'
D MlIcle 15. Tille 5: 0 Article 17, Tilles 7,8: 0 Article 27. Title 9; 6NYCRR 373:
Protection or Waler SrDES HUZlIrdoll5 Waste lvlmlllgenlcllt
~ Mielc 15. Tille 15: 0 Article 19: 0 Article 34:
Willer Supply Air PolIUlilln Control Cou::stul Ero~ion Mnnngcllll:tll
D A/lide IS, Tille 15. 0 Anlele 23, Tille 27: 0 Article 3b:
Water Trlll1SpOn Mined Lund Recl;lnllltion Floodplnill Mnnagel1lcnl
D Article 15. Tille 15: 0 Article 24: 0 Articles 1.3.17.19,27.37: 6NYCIll{
Lon~ Islund Wcll.~ FrcshwlIler Welhlllds ~N(): Radin!ion C"nlml
D Arli.clc 15, Title 27: 0 Arlicle 25: 0 Olher
Wild. Secnic & Recrelltional Rivers Tidal WCllnnds
D 6NYCRR 608: 0 Arlicle 27, Title 7; 6NYCRR 360:
Willer Quality Ccnilication Solid Wns!e Malllll:cmcnl
1'1.:JlMIT ISSUED TO
TEI.EPI10I\:E Nl/MIlER
Town of Wappinger- United Wappinger Water District
(845) 297-2744
/\DDRESS OF "ERMITTEc
20 Middlebush Road, Wa in ers Falb, NY 12590 .
CONT MOT "cRSON FOR !'ERMITTED WOHK
Chris Colse)' Town Supervisor, 20 Middlebush Road, Wappingers Falls, NY 12590
TELI,PIIUNE ~l;MUEII
N.~~IE .\ND ADDRESS Of PROJECTiFACILlTY
rriendl Motorcars, 134 Old Post Rond, Wn ingers Palls, NY 12590
I.O(',ITION 01' PROJECT/F,ICILlTY
South of intersection of Route 9 and Old Ho Jewell Rd, Wa inoers Falls, NY
. COLlNTY
TOWN
W^TCRCOVR51~'Wl:TL,\ND NO.
NYB.I (,00RI)INI\TE5
Dutchess
Wappinger
E: 584.5
N: 4655.0
DESClUI'TION Of AUTHORIZED ACTIVITY
Extend the United Wappinger Water District (consolidated water district) to include the Friendly Motorcars site and to supply the
Friendly's site with a maximul11 of 800 gallons per dn)' (gpd) frol11 existing, approved sources. The lotnl approvcd tuking fro\11 nil
previously authorized groundwater sources within the United Wappinger Water District is 2,770 ga lions per minute (gpl11). This
pl.:lll1il im;urpuratl.:s ClII Wall.:r Districts and Improvement Areas currently included in the consolidated water district.
By acceptance of this permit, the permittee agrees that the pClmit is contingent upon strict compliance with lhe EeL.
all applicable regulations, the General Conditions specified (See Page 2) and any Special Conditions included as
p&rt of this pcrmit.
REGION,\!. PERMIT ADMINISlRIITOR
ADDRESS
Alexander F. Ciesluk, Jr.
2 J South Put! Corners Rd., Ncw r'altz, NY 125(; I
,\lITIIORIi:ED SIGNA TUitE
Dnlc
",.
C;U
Mol' 16.2011
Page I of5
I;
ALrrv
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee has accepted expressly. by the execution of the application, the full legal responsibility for all damages and
costs. direct or indirect, of whatever nature and by whomever suffered, for liability it incurs resulting from activity
conducted pursuant to this permit or in noncompliance with this permit and has agreed to indemnify and save harmless
the State from ~uitl!, aclion~, damage~ and co~t~ of every name and de~cription re~ul\ln9 from ~uch activity.
Item B: Permittee to Require It's Contractors to Comply with Permit
The permittee shall require Its Independent contractors, employees, agents and assigns to read, understand and comply
with thiS permit, including all special conditions, and such persons shall be subject to the same sanctions for violations of
this permit as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands. easements and rights-of-way that may be
required for this project.
Item D: No Right to Trespass or Interfere wIth Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of
others in order to perform the permitted work nor does it authorize the impairment of any rights. title, or interest in real or
personal property held or vested in a person not a party to the permit.
GENERAL CONDITIONS
General Condition 1: Facility Inspection by the Department
--The permitted site or facility, including relevant recordS, Is subject to Inspection at reasonable hours and Intervals by an
authorized representative or the Department of Environmental Conservation (the Department) to determine whether the
permittee is complying with this permit and the ECL. Such representative may orderthe work suspended pursuant to ECl
71-0301 and SAPA 401(3).
--The permittee shall provide a person to accompany the Department's representative during an inspection to the permit
area when written or verbal notification Is provided by the Department at least 24 hours prior to such inspection.
nA copy of this permit, including all referenced maps. drawings and special conditions, must be available for inspection
by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department
representative is a violation of this permit.
Gcmeral Condition 2: Relationship of this Permit to Other Departmant Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does n01 modify, supersede or rescind any
order or determination previously issued by the Department or any of the terms, conditions or requirements contained in
such order or determination.
General Condition 3: Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for renewal, modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires. Any renewal,
modification or transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES). Hazardous
Waste Management Facilities (HWMF), major Air Pollution Control (APC)'and Solid Waste Management
Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
SlJhmi~sion of rlrplir.rltinnl\ for pArmit renAwlll nr mortifir.rltion rlrA to hA ~I/bmilled to:
NYSDEC Regional Permit Administrator. Region 3
21 South Putt corners Road, New Paltz, NY 12651, Telephone: 845-256-3054
General Condition 4: Permit Modifications, Suspensions and Revocations by the Department
The Department re5erves the righlto modify. suspend or revoke this permit when:
a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of thi! ECl
and pertinent regulations Is found;
b) the permit was obtained by misrepresentation or failure to disclose relevant facts;
c) new malerial information is discovered; or
d) environmenlal conditions, relevanltechnology, or applicable law or regulation have materially
changed since the permit was issued.
ADnlTlOI\AL GENERAL CONDITIONS fOR ARTICLE 15, TITLE 15 (WlIlcr Supp1r)
^- The peTluill"e must require lhal any cOlllrm:ll1r, project cnglneer. or other person responsible for the overall supcrvislon or Il1ls prl~iecl has
reml. \IIHIcr>lilnds and IIgrces \0 comply wilh this Jlermit und lIssoeillted 1'1;10(5).
U Prior 10 slllrlillg wurk un "")' cllnstn,clioll nllthoril.cd herein. dClnilcd plnlls or lhe structures proposed 10 be built nlld speeificulions ror
SUch work shull h"ve been submilled In and upprnved by Ihe Departmenl. Therealler, slIeh constrnclion work shall be cntirel}' completed
111 1'1111 accnrdancc wllh the f1lm'~ "lid ~prcilicnlinl1.~ which bRVC he.n ~lIhl11illcd Rod "pprnverl
I DEe ID# 3-1356-00282/00002
I PROGRAM 10; WSA# 11,462
I Page 2 pf 5 I May 16. 2011 1
NOTE: Approval b)' this Depannlelll or tinal plcms und specificutions. and 01 compleled works, Will nOI be IsslIed IInlll ~qlllvalelll
approvals have been issued b)' Ihe NYS Department of Heulth.
C. Section 15-1529 of1he CnvirOl1lllell\al Conservalion Law foruids the opelatioll ufulI)' uflhe,e wurks IIl1lil. il, ellllslrucleu.lhe)' have he en
approved by the Department. SLleh Iinal approval will be given only on \willen request. In gelleral, slIch approval will nol he given IInlil
all prov isions uffecting '1u8Iil)' of the wuler and safely of the works have been complied with in full.
D, The Depmllnent reserves the righl 10 rescind this pemlil or \0 take whatever action il may deem suitnble and proper if the works
authoriLed 10 be conslrueted herein are nOI initialed hy October I 20 I I
SPECIAL CONDITIONS
For Article 15, Title 15 (Water Supply)
I. The l'ollowing wole Iisls all the perminee's groLlndwaler sources, This pcrmillce is allowed 10 lake walt:r Dilly from the nln Lise" wells I1s\c:L1 in
this tuble.
Town of Wappinger Consolidated Permit - United Wappinger Waler Districl (WSA No, 11,288)
Water Supply Wells
This table supersedes aU previous approvals
. . Wcll No. Wcll Status WSA No. Individual \Vcll
\'Vclllicld Combincd \,",c
Yield~ (CPM) Permitted 'J',
. (GI'M)
Cenlrol Wappinger WIA RH-I Abnndoncd 6.190 NJA -
1.'170
(CWWIA) RH.2 Abandoned NJA
HT-I In use 2-10
I1T-2 In lIse 500
Central Wnppinger WlA HT-3 In IIse 7.005 300
HT-4 Abandoned N/A
..
HT-5 In use 430
Nurlh Wappinger WD Alias Well-I Abandoncd 8.36~ N/A
(Acqu ire Atlas Water Alias Wdl.2 Abandoned NJA
Company Wells) --
Alias Well.3 Abandoned N/A
North Wappinger WD Well 99-1 In use 10.026 411 1.500
(Replaccment we] Is) Well 99-3 In lIse 4tl2
(Alias \\'ellficld)
North Wappinger WD PW 02-4 111 use I 0.309 250
(Additional Wclls) PW 02-5 Il1l1se 3CJO
350 -
I) W tJ:l-C> In lIse
...
rw 02-7 In lIse 2()()
-
rvlcad(lwwo od W [) rW.J In use 10.310 150 300
(SproUl Creek Welllid<l) rW-2 In lIse 150
--
Oakwood Knolls WD OK-I Not in lIse 5.376 N/A
(Aeq.Onkwood Woler
Wurks) OK-2 Not ill use N/A
Oakwood Knolls WD Conncct with In lIse 10.370 N/A
CWWlA
Wappinger Park WD WP-l Not in use 8,215 N/A
(Acq.Wapp. Park \VP-2 Not in use N/A
Homes System) WP-3 (Klein Well) Not in use N/A
-
<--.
II Field
Ildng
DEe 10# 3-1356-00282/00002
PROGRAM ID; WSA# 11.462
Page 3 of 5
May 16,2011
19~ 70.6t (7!8f).Z:"CH..3
11I..1 Unvl50N\-,tql
I NEW YORK SlATE DEPARTMENT OF ENVIRONMENTAL CONSeRVATION
21 &Dulll Pull CDmorc. RllOd. New floUl.. NY \::!Kl.180B
~
-I
SPECIAL CONDITIONS
For Article 15 Title 15 (Water Supply)
1'\'C1ppingcr Park WI)
(Ext. 2-10ts)
Tot...] System
Taking
Interconnect with
CWWIA
In lerconnect with
DNWIA
Replace 3 wells
above
10,480
N/A
Will'pinp,cr l'iIl"k WD
10,820
N/A
Total water laking
= 2,770 GPM
2. This permit authorizes the (allowing areas to be sp.rvcd watpr (rom the approved SOl1rces noted in Special Condition #1: the
Central W/lppinger Water Improvement Area, the Wappinger-Cranberry Water Improvement Area, the Wappinger Park Water
J)i~It'i('l. the Ardmore Hill Water Improvement AI'ea, the Central Wappinger Emergency Improvement Arc", the Woppinger \'\'nler
Improvement Area 1999-2, the North VVappinger Wate)' District, the Myers Cotners II Water District, the Oakwood knolls Water
Dif;LI'ict, lhe ^dnll1'~ Fnirncre Forms Site, ond the Friendly Motorcars Site. The boundilrics of the serv icl: dr~1t iHe rt:'pre~t:'nted un
lhe <IILached Water District Map, prepared by Morris Associates.
3. Nothing contained herein shall be held to lIutho)'i7.e the permittee to distribute water to any other district or service area that has
nol already been approved by the Department 01' its predecessors without first obtaining a furUler permit from the Department.
'I. Nothing contrlined herein shall be held to authorize the permittee to supply, sell or distribute, fo)' any purpose, water from any
source approved herein unless all such water shall first have been treated in a manner satisfactory to the New York State
Dcpa rlment o( Helllth.
5. Tlw Deparlment reserves the right to require the taking of further sanitary precautions or treabnent of the water fTom any source
approved herein should (uture conditions calise thf' Npw Ynrk State Deparhnent of Health spec:ify such acHon.
n. W"lIs OK-1. OK-2. WP-'I, W[>-2 &: WP-3 referenced in Special Condition #1 of this permit GhaIll'cmClin pcrmollently disconnected,
in <1 manner sllUs(nctory 10 the New York Slate Departmenl of Health. The facilities Ihus not in use shall not again be llsed (or
plIblil' wall'l' suppl)' puq'o5CS withoul 0 further permit from this Deplll'tment.
7. IVells RI 1-'1, RII-2, IIT-4, Atlas 'v\'dl 'I, ALias Well 2, clnd Atlas Well 3 are no longer utilized by the Water District and must be
de<:llml1lissioncd according to the DEC Water Supply Well Decommissioning Recommendations
(LlIU~j / \V\\:\:~:.:_d\'l.n"'l~()\' / lal1ds/"2!Wll.hlml) withi n one year of the date of issuance of this permit.
8. rhe pennillee, upon providing service to any properly that is already supplied by a separate well within the United \'Vappingcr
Water District. shall protect the public water supply from existing or potential contamination by either: (a) requiring Ihat such well
he physically disconnected from-till' potable water piping s)'stl'm and, if abat1doned, be plugged cnpped and sealed in a manner
satisfactory to the New York Sl:iIte Department of Health; or (b) containing any contamination withinlhe premises of th(> prnpp.rly
in question by imposing measures consistent with Section 5-1.31 of the State Sanital)' Code that have been submitted to and
approved by the New York State Department of ]-I(>alth.
t) I 111l'ing <IllY consLmclion directly ~I' indil'Qctly ass(lciatcd wilh the activitics authorized herein, thc permittee sholl llH\ke provisiol15
to III inillli7.e erosion on the construction site and to prevent increased sedimentation in any water body on or adjacent to the site.
10. The pennillee sh,,1l ensure that waler used faT disinfecting water mains, if discharged to area streams, has a free chlorine residual
nul l'xLl'l:dil\g 0.05 lIIilligrcum-per-liter (mg/ I) al tl1e point or discharge.
II. The permittee is hereby prohibited from developing new sources o( water, replacement sources o( waleI', or increasing the
pU1l1pinp, rate from existing sources above the levels npproved, withou t first obta ining Water Su pply Permit from this Department.
12. i\11 lclnd within 200 (eel o( the wells within the Sprout Creek Wellfield that is owned or controlled by the permittee shall be
Pl'll[('ctcc1 and controlled, in order to pre\'ent pollution o( [lI'ound or groundwater, by direct ownersl1ip of land, by the acquisition
o( protective easements, or by other appropriate me<1SU res. .
13. The ph)'sical pumping (acilities and controls al till' Sprout C'rppk Wellfield shall be protected againsl danlage or tampering eilher
\1)' <1 (ence 01' 0 ther suitable enclosure or by their ll1<1nner o( construction and installation.
r DEe 10# 3-1356-00282/00002
I PROGRAM ID; WSA# 11,462
I Page 4 of 5
May 16, 2011
1
19>2D--6F(71a71..2SCR3
Lul HeVlsod 1197
I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
2\ $oulh Put1 Cornea Road, Now Pant. NY 12561.16"
~
-I
SPECIAL CONDITIONS
For Article 15 Title 15 (Water Supply)
WATER CONSERV AnON CONDITIO NS:
14. The pt:rlllittee tnus't maintain meters on all sources of supply used in the system and on nil customer service collnectiom supp[icd
by the s)'s tem.
'15, At least once every fifteen years, the permittee must have all of its slllall service connection meters (less than '[-inch in diamelcr)
calibrated for accuracy according to standards of the American Waler Works Association (A W W A). Laq~er service meters lInJ fill
source meters must he calibrated more frequently, based upon the A W\\' A standards for the size of meter used.
'16. The permittee must maintllin records of annual metered waler production and consumption, and. III Ipi'\~t nnrr:' flllnuall)'. must
conduct a syslem water audit that utilizes metered produclion and consumption data to determine unaccounted-for waleI'.
'\7. The permittee must develop and implement a leell< detection and repair program thllt lIses sonic detection eguipmcnllo inspect
its entire distribution system in a systematic fashion. Al a minimum, this progl'llln musl Covel' the entire syslem in 1I lhrcc-ycM
cycle by inspecting at least one-lhird of the system each year. Whenever two consecutive annual water audits shall show that
unaccounted-for Wilier is ]5% or less of system production, the h~i:lk detediun tlnl! repair program may be modified to cover the
entire system in a longer cycle.
18. The permittee must retain records of production and consumption, reports of audit resulls, and summaries of leaks detected and
repaired for alleasl ten years. The permittee lIlust provide copies of such of these records, reports, and summaric.<; as l11ieht he
requested in writing by the Department within one month of receiving such a request.
'19. "Vithin 60 days frol11 the issuance of this permit, the permittee must submit to the Department two copies of all informfllinn
available which ma.y be useful in determining the maximum yields currently attainable rl'Ol11 each source listed in Spcl'i,t1
Condition No.1. This data should be prOVided dating from as far hark a.<; aVili11,hl... ilnd include. hul nol he limited to, historic
pumping rates, historic takings, historic water levels in wells, and current well status (i.e. in lise, abandoned, off-line, etc.). This
infnrmiltir.m is I"f'quircd as part of a water source t'valuation necessary to determine the current waleI' supply available for ~lllC in
lhe United WappingerW<tter District. '
STATE ENVIRONMENTAL QUALITY REVIEW
Under the State E.nvironmental Quality Review Act (SEQR), the project associated with this permit is classified as a
Type II Action and therefore is not subject to fwther procedures under tllb law.
Enclosure: Water District Map
Cc wI enclosu re:
M. Montysko/W. Gilday - NYS DOH (Troy)
Dutchess County Department of ~ealth
Town of Wappinger Planning Board
M DS Associates
Ecc wI enclosure:
Michael E. Takacs, Morris Associates, PLLC
V. Gandhi, DOW, NPO
R. Coriale, M, George & E. Shirkey, DOW, WPO
M. Holt, E, Schmitt, Jim Garry, DOW, Albany
I DEe 10# 3-1356-00282/00002
I PROGRAM 10: WSA# 11,462
I Page 5 of 5
I May 16. 2011
I
Hydrant Flow Test Report
Location Optimum Windows - Wappinger
Test made by
Representative of
Date 6/26/2008
Time
Witness
Purpose of test
Read Hydrant
Static pressure 140 psi
Residual pressure 98 psi
Elevation
Flow Hydrant
Nozzle size 2.5 in
Discharge coefficient 0.90
Elevation
Pitot pressure 20 psi
Nozzle Fill 100%
Flow 750 gpm
Flow Graph
150
1250
120
90
P
s
i 60
30
0
o 250 500 750 1000
gpm
Created with the free hydrant flow test program from www.igf1eusinc.com
Town of Wappinger Water NYCDEP Extension
MA Project # W21215
Property Data
'''' ",,,,,, S1",. F~", R.....""121O ""ok st '" .. "0 .
II 6056 I 01 012635 I Single Family Resldenllal210 25 Bank SI 320 320 II
II 6056 ~10619 I .....ResldentlaI21_ Bank SI . ~320 .II
'IInl\tll.mt_lltjllill)t9.fil~ " , iiil'ii'l!llllell
5956 12 963612 Single FamilY Resldantial 210 7 Broadway Aye 320 320
5956 12 997622 Single Family Residential 210 24 Bank SI 320 320
5956 12 965590 Single Family Resldenlial210 2 Broadway 320 320
5956 12 973615 Single FamilY Residential 210 3 Broadway Ave 320 320
5956 12 975567 Single Family Residential 210 6 Broadway Aye 320 320
5956 12 992610 Single Family Resldenllal210 11 Broadway Ave 320 320
5956 12 999607 Single FamilY Residential 210 15 Broadway Ave 320 320
6056 09 007603 Single Family Residential 2~OadWaY Ave 320 320
- _~@l!W!lv~v'nu"'l!:!t1&m ..Jj ,2 II ! ~:~.i.O_till
6056 01 059606 Three Family Residential 230 25 Chelsea Rd I 960 960
c;JJ:i'i(i!j~Rqrc/1f4!n9.tiill_~9!1 ,
6056 01 237610 Single Family Rasldentlal210 1 Circle Dr 320 320
6056 01 223619 Single Family Resldenllal210 2 Circle Dr 320 320
6056 01 232799 Single Family Residential 210 3 Circle Dr 320 320
6056 01 205619 Single Family Residenlial210 4 Circle Dr 320 320
6056 01 242790 Single Family Residenllal 210 5 Circle Dr 320 320
6056 01 204797 Single Family Resldenllal210 6 Circle Sr 320 320
6056 01 222763 Single Family Residential 210 6 Circle Dr 320 320
6056 01 235770 Single Family Resldenllal210 10 Circle Dr 320 320
6056 01 259750 Single Family Resldenllal210 14 Circle Dr 320 320
6056 01 260771 Single Family Residential 210 16 Circle Dr 320 320
6056 01 276758 Single Family Residential 210 16 Circle Dr 320 320
6056 01 261793 Single Family Residential 210 20 Circle Dr 320 320
'~~I.I:)n.YAlg\!",t9\!Jia :i:, ".t,
6056 01 219659 Single Family Residential 210 1 Lake Dr 320 320
6056 01 206640 Single Family Residential 210 2 Lake Dr 320 320
6056 01 226650 Single Family Residenlial 210 3 Lake Dr 320 320
6056 01 237640 Single Family Residential 210 5 Lake Dr 320 320
6056 01 260620 Single Family Resldenllal210 9 Lake Dr 320 320
6056 01 244604 Single Family Resldenllal210 12 Lake Dr 320 320
6056 01 264765 Single Family Residential 210 16 Lake Dr 320 320
6056 01 266614 Single Family Residential 210 17 Lake Dr 320 320
6056 01 264779 Single Family Residential 210 16 Lake Dr 320 320
6056 01 244624 Single Family Residential 210 7 Lake Dr 320 320
6056 01 264792 Single Family Residential 210 20 Lake Dr 320 320
6056 01 299791 Single Family Resldenllal 210 22 Lake Dr 320 320
..@R'i'i'6.f~:BAJ~Itmf.liiRIP , ~
..~t
6056 09 010532 Single Family Residential 210 2 Liberty SI 320 650
6056 09 015547 Single Family Residential 210 6 Liberty SI 320 320
5956 12 996561 Single Family Residential 210 9 Liberty SI 320 320
6056 09 014563 Auditorium 514 10 Liberty SI 500 500
5956 12 996566 Single Family Residential 210 11 Liberty SI 320 320
6056 09 001561 Emergency 662 15-17 Liberty SI 320 320
6056 09 016577 Emergency 662 16 Liberty SI 320 320
6056 09 030599 Single Family Residential 210 26 Liberty SI 320 320
6056 09 009612 Single Family Resldenlial210 27 Liberty SI 320 320
6056 09 033606 Single Family Residential 210 26 Liberty SI 320 320
6056 09 035612 Single Family Residential 210 30 Liberty SI 320 320
6056 09 037616 Single Family Residential 210 32 Liberty SI 320 320
6056 09 040626 Single Family Residential 210 36 Liberty SI 320 320
6056 09 044639 Single Family Resldenlial 210 40 Liberty SI 320 320
6056 09 034676 Single Family Residential 210 45 Liberty SI 320 320
E:\documents\T Wappinger\a W20121W21215 NYCDEP Extension\DesignlChelsea Water Demand,xls Demands
6/19/2012
Town of Wappinger Water NYCDEP Extension
MA Project # W21215
Property Data
Chelsea Extension. 147 Parcels
!J!, S If- . " J. ' i . lUll
5956 12 961570 Sino Ie Family Residential 210 8 Market St 320 320
5956 12 945586 Single Family Residential 210 15 Market St 320 320
5956 12 951598 Single Family Residential 210 19 Market St 320 320
5956 01 955606 Single Family Residential 210 21 Market St 320 320
5956 12 959617 Single Family Residential 210 25 Market St 320 320
5956 12 962623 Single Family Residential 210 29 Market St 320 320
5956 12 974625 Single Family Residential 210 30 Market ST 320 320
5956 12 976630 Single Family Residential 210 34 Market Street 320 320
5956 12 964630 Two Family Residential 220 31-35 Market 640 640
I 320 320
~ft~1
6056 09 011646 Single Family Residential 210 12 North St 320 I 320
\ ~I
6056 01 169808 Single Family Residential 210 6 Easter Road 320 320
6056 01 001664 Single Family Residential 210 54 River Road N 320 320
6056 01 007677 Single FamilY Residential 210 58 River Rd N 320 320
6056 01 016690 Single Family Residential 210 64 River Rd N 320 320
6056 01 168838 Vacant Resdentlal 311 River Rd N 0 320
6056 01 190688 Residential Vacant 311 River Rd N IlIIIi "
6056 01 241868 Vacant Resdentlal 311 River Rd N 0 320
6056 01 174862 Lumberyard 444 157 River Rd 1,000 1,000
6056 01 232865 Single Family Residential 210 174 River Rd 320 320
6056 01 225902 Two Family Residential 220 179 River Rd 640 640
6056 01 241913 Three Family Residential 230 191 River Rd 960 960
6056 01 276881 Single Family Residential 210 192 River Rd 320 320
6056 01 302882 Single Family Residential 210 198 River Rd 320 320
6056 01 319891 Single Family Residential 210 212 River Rd 320 320
6056 01 350903 Single Family Residential 210 216 River Rd 320 320
6056 01 318935 Single Family Residential 210 217 River Rd 320 320
6056 01 326955 Single Family Residential 210 219 River Rd 320 320
6056 01 344935 Single Family Residential 210 225 River Rd 320 320
6056 01 363936 Single Family Residential 210 235 River Rd 320 320
6056 01 396941 Single Family Residential 210 243 River Rd 320 320
5956 12 926552 Single Family Residential 210 376 River Rd 320 320
~~r~fQf.i[~ m... -
6056 01 384748 Residential Vacant 311 Sky Top Dr 0 320
6056 01 444692 Residential Vacant 311 Sky Top Dr 0 320
6056 01 259875 Single Family Residential 210 1 Sky Top Dr 320 320
6056 01 277867 Two Family Residential 220 3 Sky Top Dr 640 640
6056 01 247856 Single Family Residential 210 4 Sky Top Dr 320 320
6056 01 285860 Single Family Residential 210 5 Sky Top Dr 320 320
6056 01 253850 Single Family Residential 210 6 Sky Top Dr 320 320
6056 01 295850 Seasonal Residential 260 7 Sky Top Ln 320 320
6056 01 261842 Single Family Residential 210 8 Sky Top Dr 320 320
6056 01 306839 Single Family Residential 210 9 Sky Top Dr 320 320
6056 01 268835 Single Family Residential 210 10 Sky Top Dr 320 320
6056 01 329824 Singie Family Residential 210 11 Sky Top Dr 320 320
6056 01 277826 Single Family Residential 210 12 Sky Top Dr 320 320
6056 01 344811 Single Family Resldenllal210 13 Sky Top Dr 320 320
6056 01 317813 Single Family Residential 210 15 Sky Top Dr 320 320
6056 01 296750 Single Family Residential 210 20 Sky Top Dr 320 320
6056 01 320744 Mull. Family Residential 280 22 Sky Top Dr 500 500
6056 01 333793 Single Family Residential 210 23 Sky Top Dr 320 320
6056 01 350782 Mull. Family Residential 280 25 Sky Top Dr 400 400
E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Design\Chelsea Water Demand.xls Demands
6/19/2012
Town of Wappinger Water NYCDEP Extension
MA Project # W21215
Property Data
Chelsea Extension - 147 Parcels
6056 01 299723 Single Family Residential 210 26 Sky Top Dr 320 320
6056 01 322700 Single Family Residential 210 28 Sky Top Dr 320 320
6056 01 360771 Single Family Resldenlial210 29 SkY Top Dr 320 320
6056 01 341722 Slnole FamilY Rasldential 210 30 Sky Top Dr 320 320
6056 01 357749 Single Family Residential 210 31 Sky Top Dr 320 320
6056 01 375767 Single Family Residential 210 33 Sky Too Dr 320 320
6056 01 350696 Single Family Residential 210 34 Sky Top Dr 320 320
6056 01 396736 SIngle Family Residential 210 37 SkY Top Dr 320 320
6056 01 369683 Single Family Residential 210 38 Sky Top Dr 320 320
6056 01 420713 Mull. Family Residential 280 39 Sky Too Dr 650 650
6056 01 382645 Single FamilY Residential 210 42 SkY Top Dr 320 320
6056 01 405666 Single Family Resldenllal210 44 Sky Top Dr 320 320
, "OD1P.Rl{2$I1!)to.tAl~ II :MllI
5956 12 939570 Slnole FamilY Resldenllal 210 3 Sprlna St 320 320
5956 12 936551 SIngle Family Residential 210 4 Spring St 320 320
5956 01 954536 Single Family Residential 210 8 Spring St 320 320
5956 01 958561 Single Family Residential 210 9 Spring St 320 320
5956 12 969564 Single Family Resldenllal210 11 Sprlna St 320 320
5956 01 985575 Single Family Resldenllal210 15 Spring St 320 320
5956 12 971542 Single Family Residential 210 16 Spring St 320 320
5956 01 962544 Single Family Resldenllal210 17 Spring St 320 320
5956 12 975522 Slngla Family Resldenllal210 18 Spring St 320 320
5956 01 970470 Single Family Residenllal210 20 SprIng St 320 320
5956 12 991553 Single Family Residential 210 21 Spring St 320 320
5956 01 989519 Single Family Resldenllal210 22 Spring St 320 320
~L .$.."," . __'n ..i.~
6056 01 404920 Single Family Residential 210 1 Stenger Ct 320 320
6056 01 362912 Single Family Residential 210 2 Stenger Ct 320 320
6056 01 388895 Single Family Residential 210 3 Stenger Ct 320 320
6056 01 360898 SIngle Family Residential 210 4 Stenger Ct 320 320
6056 01 395878 Single Family Residential 210 5 Stenger Ct 320 320
6056 01 351844 Single Family Residential 210 6 Stenger Ct 320 320
6056 01 345868 Single Family Residential 210 8 Stenger Ct 320 320
6056 01 423907 Single Family Resldenllal 210 9 Stenger Ct 320 320
6056 01 353854 Single Family Residenllal 210 11 Stenger Ct 320 320
6056 01 436885 Single Family Resldenllal210 10 Stenger Ct 320 320
6056 01 363844 Single Family ResIdential 210 12 Stenger Ct 320 320
6056 01 410861 Single Family Residenllal 210 13 Stenger Ct 320 320
6056 01 373834 Single Femlly Residential 210 14 Stenger Ct 320 320
6056 01 454863 Single Family Residential 210 15 Stenger Ct 320 320
6056 01 379819 Single Family ResIdential 210 16 Stenger Ct 320 320
6056 01 485826 Single Family Residential 210 17 Stenger Ct 320 320
6056 01 409778 Single Family Residential 210 18 Stenger Ct 320 320
6056 01 441830 Single Family Residential 210 19 Stenger Ct 320 320
6056 01 457803 Single Family Residential 210 21 Stenger Ct 320 320
6056 01 435784 Single Family Residential 210 23 Stenger Ct 320 320
!lJl1! !!. 'IS l~
Existing Future Flow
Flow (GPO) (GPO)
TOTALS 49,130 51,580
E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Design\Chelsea Water Demand.xls Demands
6/19/2012
TOWN OF POUGHKEEPSIE
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OF EAST FISHKILL
PROPOSED WA TER MAIN
CIDER MIll LOOP
STORAGE TANKS
HR.L TOP WELLS
PROPOSED Pl/ASE 2
1.7 PARCELS - CHELSEA
''L
FUTURE LOOP FROM
AWWS 10 MACFARLANE
I CARNABY
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.-
GRAPHIC SC ALE
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k,.....oJ,.",........ '
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LEGEND
e UUNICIPAL WEl.1
<D STORAGE TANKS
~ FI.EETWOOD MANOR
WA 'FER DlS71lJCT
- TAU. TREES
WA TER DISTRICT
~ ORIGINAL UNITED WAPPINGER
W,4 TER DISTRICT
D WATCHHIl1.
WA TER OISTRfCT
- PHASE 2 132 PARCELS-cHElSEA
la<1 NYCDEP PARCEL
.,
PHASE , PIPtNG
PHASE 2 PIPtNG
FUTURE WA TEllIoIAlN
LOOP
NOTe.'
BASE MAP OBTAINED FROM 2005 COMPREHENSIVE PlAN
PREPARED BY FREDERICK P. CLARK ASS'OCt4TES
PHASE 1 AND PHASE 1 EXTENSION
TO NYCOEP AND cHB..SEA
OVERAU. WATER OISTRSCT MAP
INCLUDING IMPROVEMENT AREAS
Exhibit D
INSURANCE REQUIREMENTS
GENERAL REQUIREMENTS:
1. Insurance Coverages Required To Be Maintained By 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 Junction Boulevard, 19th Floor, Flushing,
New York 11373, Attention: General Counsel.
(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 0001 (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 (X) Hired (X) Non-Owned
(See Section 1.01.04)
II. Insurance Coverages Required to be Maintained by Consultants/Subcontractors Hired or
Retained by 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 Junction Boulevard, 19th Floor,
Flushing, New York 11373, Attention: General Counsel.
45
(X) Worker's Compensation
Statutory per New Yark 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. 11/88) 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 00 01 (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
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 Provisions 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.)
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 confirming renewals ofinsurance shall be presented not less than 30 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 20 10.
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 ofthe subject contract.
The policy shall contain no exclusions or endorsements which are not acceptable to
the City.
(b) Commercial General Liability - 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 (:ounsel.
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 10007.
1.01.04 Automobile Liability
(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. Ifvehicles 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 CA0001.
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 of MCS-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 of Insurance
(a) For Workers' Compensation Insurance, Disability Benefits Insurance, and
Employer's Liability Insurance, the Contractor shall file one ofthe following within ten (1 0) Days of
award of this Agreement. ACORD forms are not acceptable proof of workers' compensation.
coverage.
1.
C-l 05.2 Certificate of Workers' Compensation Insurance;
2.
Insurance;
U-26.3 __ State Insurance Fund Certificate of Workers' Compensation
49
3. Request for WeIDB 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 of Insurance with the Department within ten (10)
Days of award ofthis Agreement. All Certificates ofInsurance 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.
(c) Certificates ofInsurance confirming renewals ofinsurance 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 such 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 shall 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], 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 ofthe City. Such notice shall be given even
where the Contractor may not have coverage 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 inaction by the City at any time.
( c) Insurance coverage in the minimum amounts required in this Article shall not 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.
(d) 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 of this 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