The URL can be used to link to this page

City of New York (DEP shaft 6) ~ II'II.M Carter H. Strickland, Jr. Commissioner Debra E. Butlien Deputy ACCO dbutlien@dep.nyc.gov 59-17 Junction Boulevard Flushing, N.Y. 11373 T: (718) 595-3423 F: (718) 595-3294 September 27,2012 Barbara Gutzler Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Supervisor Office OCT 0 5 2012 Received RE: Notice of Contract Re2istration Contract WFF-WAP: Town of Wappinger Agreement. Dear Consultant: Herewith is a Notice of Contract Registration for contract WFF-WAP which registered with the Office of the Comptroller on September 25, 2012 under Registration Number crc 826 20131405196; the original contract amount is not to exceed $11,000,000.00. I have been informed that the Bureau of Water Supply permitted the Town of Wappinger, to begin work on the Contract on May 03, 2012. Therefore, even though the Contract was not registered until September 25, 2012, the period of performance shall be taken to have started on May 03,2012. The date to complete all related work is December 31, 2012, a total of 243 consecutive calendar days from the start date. The contract is for Town of Wappinger Agreement. The administration of this contract will be under the direction of Daniel Michaud located at 71 Smith Avenue, Kingston, NY 12401, (845) 340-7883. All inquiries regarding this contract should be addressed to this office. ~rytrUIYYO s, /1e:Ei~co--, fRi~(C;~DW~[Q) y Age cy Chief Contracting Officer OCT 052012 TO~~WOF WAPPINGER N CLERK CONSULTANT ~. .,..",. AGREEMENT BETWEEN THE CITY OF NEW YORK AND THE TOWN OF WAPPINGER, NEW YORK FOR CONSTRUCTION OF A WATER SUPPLY AND DISTRIBUTION SYSTEM s+ THIS AGREEMENT ("Agreement") is made and entered into as of the 3L 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, N ew York 11373, and TOWN OF WAPPINGER ("Town"), a municipal subdivision of the 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 ofthe 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 13 5689-6056-0 1-288977 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. (IV) Phase II Construction Work more specifically set forth in Section 8. G. "Phase I Water Main" - The 12 inch diameter permanent water main, with all necessary appurtenances thereto, in the Town of Wappinger between the nearest existing piping connection point in the United Wappinger Water District (UWWD) water main distribution system, located in the vicinity of State Highway Route 9 and Old Hopewell Road, and the Site's property line on River Road. H. "Phase II Water Main" - The 8 inch diameter permanent Water Main, with all necessary appurtenances thereto, from the Site through the Phase II Service Area as shown on Exhibit A hereto or as otherwise approved in writing by DEP. 3 - ...,.,. I. "Phase II Service Area" - The area of the Chelsea Hamlet shown in Exhibit A annexed hereto or as otherwise approved in writing by DEP. J. "Necessary Approvals" - Receipt of all permits and approvals from any applicable regulatory authorities, agencies or governmental bodies that are required by law to perform specified work or engage in the specified activity. 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 of the tasks necessary to complete the Project Work in accordance with the milestone dates set forth in Exhibit B hereto. 4. Expiration and Extension of A2reement. 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 Desi2n Work A. The design work described in this section (the "Phase I Design Work") shall be completed by the Town, through its professional consultants and such other professionals that shall be required. B. Scope of Design Work. The scope of services for the Phase I Design Work shall comprise all engineering, surveying, scientific, legal and other professional services that are necessary to complete the following tasks: (I) 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 W ater 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. (ii) The Phase I Water Main must be capable of providing DEP with a potable supply of water at the Site from September 2013 to December 2022, or the completion of the Water for the Future Project, whichever is later, in an amount of at least 169,200 gallons per day at a maximum flow rate of 200 gallons per minute. (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 Project. 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 Project 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 ofthe 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) A warding 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 ofthe 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 ofthis 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 of the Contract, Drawings, Specifications and Bidding Documents for the Phase I Construction Work shall be submitted to DEP for review at least fourteen (14) business days prior to award thereof, or if procurement is by a competitive sealed bid, at least fourteen (14) business days prior to release of the contract bid solicitation, and DEP shall be permitted to provide comments thereto at least three business days prior to the contract bid solicitation date. To the maximum extent possible, the Town shall incorporate any and all revisions necessitated by DEP's review and comments. (IV) A complete original set of the final approved and stamped plans must be provided to DEP prior to the commencement of Phase I Construction Work. D. Advertising for Bids and Letting of Contracts for Phase I (I) Advertising for bids for the Phase I Construction 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 of the sealed bids, the Town shall provide the DEP with a list of the bidders' names and the bid amounts. (b) Within three (3) business days of the Town providing such notice of bidders, the DEP shall have the opportunity to provide notice to the Town that based on DEP's opinion the bidder does not have a satisfactory record of business integrity or would otherwise be found to be a non-responsible bidder by DEP or that DEP has reason to believe such contractor will be unable to perform the Work according to the Phase I Plans and Specifications. (c) If DEP does not provide an objection to the Town within three (3) business days, DEP shall waive its opportunity to object. (d) The Town reserves the right to determine the lowest responsible bidder in accordance with Article 5-A of the General Municipal Law, notwithstanding any information supplied by DEP. 6. Phase I Construction Work. A. The commencement of Phase I Construction Work shall not occur prior to: (I) Completion of the requirements set forth under SEQRA for the Project; (II) Receipt of all Necessary Approvals that must be obtained in order to commence such work; and (III) The adoption of an order of the Town Board extending the jurisdictional boundaries of the UWWD to include the Site. B. A ward of Contract. (1) In accordance with the time frames set forth in Exhibit B hereto, the Town shall award one prime contract (which may allow for additional subcontracts) for the Phase I Construction covering all labor, materials and work necessary to construct the Phase I Water Main, or portions thereof; unless upon good cause shown by the Town, DEP authorizes the award of more than one prime contract. 10 - - (II) The Town shall 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 Design Work A. After the award of the Phase I Construction Work, the Town will commence the detailed design of Phase II as shown in Exhibit A unless otherwise approved by DEP, in accordance with the dates set forth in Exhibit B. 11 ~ - B. The Phase II Design Work and the Phase II Service Area may be further modified by subsequent agreement of the parties based on the funding available for Phase II. C. Scope of Phase II Design Work. The scope of services for the Phase II Design Work shall comprise all engineering, surveying, scientific, legal and other professional services that are necessary to complete the Phase II Design Work and the extension of UWWD as necessary. (I) Phase II Extension of UWWD (a) In order to provide water service from the UWWD, the Town will undertake any and all actions necessary and obtain all approvals required to extend the boundaries of the UWWD to include the Phase II Area in accordance with the provisions of Article 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 of the 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 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 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 17 herein. (VI) Phase II Construction Planning & Contract Preparation (a) As part of the Phase II Design Work, the Town shall complete all work necessary to draft, bid and award the construction contract and prepare for the management of the Phase II Construction Contract, including, without limitation: (i) providing cost estimates of the Phase II Construction Work (as hereinafter defined), (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 for the Phase II Construction Work. (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 14 "'-' - (a) Promptly after the opening of the sealed bids, the Town shall provide the DEP with a list of the bidders' names and the bid amounts. (b) Within three (3) business days of the Town providing such notice of bidders, the DEP shall have the opportunity to provide notice to the Town that based on DEP's opinion the bidder does not have a satisfactory record of business integrity or would otherwise be found to be a non-responsible bidder by DEP or that DEP has reason to believe such contractor will be unable to perform the Work according to the Plans and Specifications. (c) If DEP does not provide an objection to the Town within three (3) business days, the DEP shall waive its opportunity to provide notice. (d) The Town reserves the right to determine the lowest responsible bidder in accordance with Article 5-A ofthe 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 ofthe UWWD to include the Phase II Service Area. B. A ward of Phase II Construction Contract. (I) In accordance with the time frames set forth in Exhibit B hereto, the Town shall award one prime contract (which may allow for additional subcontracts) for the Phase II Construction Contract covering all labor, materials and work necessary to construct the Phase II Water Main, or a portion thereof; unless upon good cause shown by the Town, DEP authorizes the award of more than one prime contract. 16 ~ --- (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 Work from time to time to determine whether the Phase II Construction Work is being prosecuted diligently and in strict conformance with the Phase II Final Plans and Specifications and in an orderly, expeditious and professional manner. (V) DEP must be provided written notice of any and all changes orders for the Phase II Construction Contract prior to execution thereof, unless necessitated by an emergency condition. (VI) Progress Reports. The Town shall submit written monthly progress reports to DEP, on the first day of each month after the commencement of construction, on the progress of the Phase II Construction Work, which reports shall include: (a) a report on work completed in the past month, (b) any Phase II Construction Work that may not or will not be completed in accordance with the Phase II Final Plans and Specifications, and (c) any Phase II Construction Work that the Town anticipates may be delayed or not completed in accordance with the milestones established in Exhibit B hereto for any reason. 9. Costs. A. Eligible Costs. Subject to the restrictions set forth in this Section 9 and Section 10, the City agrees to pay for costs ("Eligible Costs") associated with the design, administration, 17 --- -.-; construction, inspection and implementation of the Project Work in accordance with the terms and conditions in this Agreement. It is contemplated that the Phase I and Phase II Design Work will require professional engineering and surveying services, as well as legal services required for contract review and administration and the formal extension of the district boundaries of the UWWD in order to implement the provisions of this Agreement. The Eligible Costs shall include: (I) the actual cost to the Town to perform the Phase I and Phase 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 III 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). o18 '"'- - 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 of this Agreement, the Town has submitted an initial budget estimate in the amount of$1 ,000,000 for the cost of Phase I Design Work. 19 ....... - (II) After the registration of this Agreement with the City Comptroller, the City shall pay the Town $900,000 for Eligible Costs included in the budget estimate as soon as possible, but in no event later than ninety (90) days after registration of this Agreement. (III) The parties 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 ofthe 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: 20 --- - (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 (1) 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 S 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 SS 118 and 119. C. Reconciliation. (1) 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 ofthe 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 proj ects 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 ToWfl 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 ofthe 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. 23 - - B. Water Meter. (I) The Town shall provide specifications for the water meter(s) that shall be installed by DEP at the Site. The Water Meter shall be installed by DEP on the Site in a meter pit, adjacent to the property line on DEP property. (II) The Water Meter shall be the property ofDEP and shall be installed, maintained and operated in accordance with the provision of S 234-42 ofthe Town of Wappinger Code as it may be amended from time to time. (III) DEP shall give access to the Town, or contract employees of the Town, to the area of the meter pit for purposes of inspection, repair, 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) ofthe Town of Wappinger Code as it may be amended from time to time. 13. Indeoendent Contractors A. The Town and DEP agree that the Town and any of its contractors or consultants are independent contractors and not an employee ofDEP or the City. Accordingly, neither the Town, its contractors or consultants or any of their respective employees or agents will hold themselves out as, or claim to be, officers or employees of the City, or of any department, agency or unit 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 of the City, including, but not limited to, Workers' Compensation coverage, Disability Benefits coverage, Unemployment Insurance benefits, Social Security coverage or employee retirement membership or credit. B. All persons who are employed by the Town and all consultants or independent contractors who are retained by the Town to perform services under this Agreement are 24 --- - neither employees of the City nor under contract with the City. The Town, and not the City, is responsible for their work, direction, compensation, and personal conduct while engaged under this Agreement. Nothing in this Agreement shall impose any liability or duty on the City for the acts, omissions, liabilities or obligations of the Town and its contractors or consultants, or any of their respective officers, employees, or agents, or for taxes of any nature, 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. 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 ofinsurance for each and every such policy required hereunder shall be furnished to the DEP for review and approval before any Design Phase Work or Construction Work is commenced. B. In addition to other bonds required by law, if any, for the performance and completion of the Construction Work for both Phase I and Phase II, the Town shall require approved contractors and subcontractors to provide a performance bond or other security acceptable to the City, in a form acceptable to the City. The performance bond or other security shall name the City and the Town as obligees in the full amount of the cost of the work performed by the contractor or subcontractor, shall be issued by a surety company 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 25 - ---- guaranteeing prompt payment of monies due to all persons furnishing labor or materials in the prosecution of the Construction Work, as required by the State Finance Law Section 137. 15. Indemnification. A. To the fullest extent permitted by law, the Town and its contractors or consultants shall indemnify, defend and hold the City, its employees and agents (the "Indemnitees") harmless against any and all claims (including but not limited to claims asserted by any employee of the Town, its contractors, consultants 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 ofthe 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 Indemnitees without negligence and solely by reason of statute, operation of law or otherwise; and (2) partial indemnity in the event of any actual negligence on the part of the Indemnitees either causing or contributing to the underlying claim (in which case, indemnification will be limited to any liability imposed over and above that percentage attributable to actual fault whether by statute, by operation oflaw, or otherwise). Where partial indemnity is provided hereunder, all costs and expenses shall be indemnified on a pro rata basis. B. Indemnification under this Section or any other provision of this Agreement shall operate whether or not the Town, its contractors, consultants 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 ofthis 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 Biddine: 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 if the Town were funding the Work, in soliciting or procuring any of the Work. 19. Administration of Contracts. The Town shall be responsible for administering all consultant contracts and construction 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. 28 - -' B. Any contract between the Town and any person, firm or other entity for the performance of any aspect of the Project Work or any subcontract for the Project 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 forms 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 al!rees 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. (I) If a permissive referendum is called for and the order extending the UWWD is defeated in such referendum, the Town reserves the right to alter the boundaries of the Phase II Service Area and commence a new proceeding under the provisions of Article 12-A of the Town Law. (II) In the event that the Town does not choose to alter the boundaries ofthe 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 of the City and registration ofthe 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 ofthe 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 ofthis 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 ofthis 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 Ae:ainst Officers. Ae:ents 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 of the Town, its officers, managerial personnel and employees, or any person, firm, company, agent or others engaged by the Town as expert, consultant, subconsultant, specialist, contractor, or subcontractor hereunder. B. In the event that any City property is lost or damaged, except for normal wear and tear, then the City shall have the right to withhold further payments hereunder for the purpose of set-off, in sufficient sums to cover such loss or damage. 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 I or the Site are not, or cannot, be obtained or granted on or before February 1,2013, (II) any substantial litigation has been filed that would adversely affect fulfilling the obligations herein and the milestones in Exhibit B; or 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 of a material term ofthis 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, ifsuch 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. Delay 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 of terrorism shall not be considered a basis for default under this Agreement. Notwithstanding such force majeure, in the event that the City determines that the Town will not be able to meet the milestones on Exhibit B hereto, or in the event of a prohibition of a governmental agency, the City may terminate this Agreement 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 ofthe 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. Assie: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. Cooperation; Oblie:ation 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 of the State of New York in connection with any action by either Party against the other pursuant to this Agreement. B. The City, DEP and the Town each hereby agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with its specific terms or were otherwise breached, and that money damages or other legal remedies would not be an adequate remedy for any such damages. Accordingly, the Parties acknowledge and hereby agree that, unless this Agreement has been terminated in 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 of this 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 A2reement. 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 . CORPORATION COUNSEL CONTRACT APPROVAL Agency DEP E-PIN 82612T0011001 Contractor TOWN OF WAPPINGER Approved as to form Certified as to legal authority Electronically Signed By HOWARD FRIEDMAN Acting Corporation Counsel Date 07/30/2012 18: 10 Page 1 of 1 -- ...." 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. ::~'h;NE?i .}/) A12~l f P Il ~A~ Departmen of Environmental ProtectIOn TOWN OF WAPPINGER BY: ~,,"-/t2 ~~ , / Supervisor of Town ofW~ppinger Dated: g) 2> j , ,2012 Dated: au,(~f' OZ.f,'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 ) 88.: ... J r County ofl? UEEf""::> ) s-l On the 3L day of , in the year 2012 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of sat' actory 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 hiS/her/tg. e1:r. apacity(ies), and that by his/her/their signature(s) on the instrument, the individuCjl(s) or rson upon behalf of which the individual(s) acted, executed the instrument. Y"! '---, ~ \\c L,-l..LUJ.__-iZ-~~7 .. Notary Public RUSSELL PECUNIES Commissioner of Deeds City of New York No. 4-622~ Commission Expires /- I - f State of New York ) 8S.: County of D U-;-C II ~SS ) On the --2'L4.y of lJu !rvS,- , in th. e year 2012 before me, the undersigned, personally appeared JifR}]. ;JI<.,~ A G ti7V... PIL.. , 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 his/her/their 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 ALBERT P. ROBERTS Notary Public State of New VOIle No.02RQ3301620 Ouaftfied In Dutchess County \4 Commission ExpI,. February 28, 20_ - 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 or LAGRANGE TOWN or POUGHKEEPSIE A7IAS WEl.1.S TOWN or EAST F1SHKILL PROPOSED PHASE:I 147 PARCELS - CHELSEA ..i..J->--"- GRAPHlC SCA.l..E h.--_-L~ . (IIlrtttl l......._n.. ( LEGEND e MVNfCIPAJ. KEL (i) STORAGE TANKS ~ - - D - li~~1 Fl.EETWOODMANOR WATER DISTRICT TAll TREES WA TER DISTRICT ORIGINAJ.. UN/rED WAPPINGER WA TER DISTRICT WATCH HILL WA TER DISTRICT PHASE 2 132 PARCELS-cHELSEA NYCDEP PARCEl. PHASE , P1P1NG PHASE 2 PIPING FUn..IRE WA 7FR MAIN LOOP ( NOTE: BASE MAP OBTAINED FROM 2005 COMPREHENSIVE PiAN PREPARED BY FREDERICK P. CU4R/( ASSOaoo TES i PHASE 1 ANO PHASE 2 EXl1:NS1ON TO NYCOEP AND CHELSEA OVERAll WATER DISTRICT 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 30, 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 Summary 1 1 II. INTRODUCTION 2.1 Background 2.2 Purpose and Scope 3 3 3 III. CAPACITY ANALYSIS 3.1 Current and Future Flows 3.2 Source Analysis 3.3 Storage Capacity 3.4 Treatment Capacity 3.5 Distribution System 4 4 5 6 6 7 Appendix A - NYCDEP and Chelsea Extension Area Map Appendix B - 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 (UWVVD) 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 UWVVD is approximately 1.0 million gallons per day (MGD), while the estimated future average day demand for the current UWVVD is approximately 1.23 MGD. Based upon the results of the analysis, the excess capacity within the UWVVD 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 UWVVD 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 UWVVD 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 E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Submissions & Approvals\CapacitLReport_061912.doc - - 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 UWWD 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. E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Submissions & Approvals\Capacity-Report_061912.doc - - CAPACITY REPORT - NYCDEP EXTENSION UNITED WAPPINGER WATER DISTRICT PAGE-3- JUNE 2012 II. INTRODUCTION 2.1 BackQround The United Wappinger Water District (UVVWD) 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 UVVWD 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. E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Submissions & Approvals\CapacitLReport_061912.doc - -' 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. E:ldocumentslT Wappinger\a W20121W21215 NYCDEP ExtensionlSubmissions & ApprovalsICapacity_Report_061912.doc - - CAPACITY REPORT - NYCDEP EXTENSION UNITED WAPPINGER WATER DISTRICT PAGE-5- JUNE 2012 3.2 Source Analvsis 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 G PM 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 E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Submissions & Approvals\CapacitLReport_061912.doc '- - CAPACITY REPORT - NYCDEP EXTENSION UNITED WAPPINGER WATER DISTRICT PAGE-6- 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 UWWD 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 UWND 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 UWND 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:ldocumentslT Wappinger\a W20121W21215 NYCDEP ExtensionlSubmissions & 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 NYCDEP parcel as well as the estimated maximum day demand of the Chelsea area of 87,700 GPD or 61 GPM. There appear to be no required distribution system improvements to the UWWD 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:ldocumentslT Wappingerla W20121W21215 NYCDEP ExtensionlSubmissions & ApprovalsICapacity_Report_061912.doc ~ 2. ~ j~_~~{J- - ' ".....-..- ;:; .\ ..-:~~ LEGEND PHASE 1 12"WA TER MAIN PHASE 1 Ai TERNA TE ROUTE 12" WATER MAIN PHASE 2 8" WA TER MAIN ( ~--,---- ---~--- ( REV. No. DESCRIPTION ~~~~~~~~IATES, 9 fkI Lone. ~GfeenSIree! Pougt"<<eepoIe.NewYcn l2.WlIHudlOl'l.~Ycn 12S~ I'honeNo_llJ4Sl~ll F'honllNa.lS!elllJ8-2300 Fao:No.f3ol.5I.73-IN:l I'al<r-lo. 151111 828-3943 UNITED WAPPINGER WATER DISTRIC WATER MAIN EXTENSION TO NYCDEP TOWN OF WAPPINGER DUTCHESS COUNTY, NY DATE DWG AOW AREA MAP 6/13/12 FILE No. W21215 l)C;.20.6( IO,iQ(})-.25c RJ - NEil' YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION - PEr PERMIT NUMBER a Qf EFFFCIIVE n", Tf' 3-1356-00282/00002 FAClLlTYif'ROGRM.j NUMBER(.) PERMIT Under thl' En\'irolllllClIlill COlIscnatioll I,an- II,CL) May lb. 201 J WSA# II .462 EXPIRATION D,HF None (Except see Condition "D" on page 3) TYPE Of PERMIT (Ch<c~ "" Aprl".hle lJom) tBJNcw Rcnewal ~loJili\:ati()n Permit 10 COnStfllCI rCfIl1I1 10 0 Jemie 0 Article 15. 11111.' 5: 0 Article 17, Tilles 7, 8: 0 Article 27. Tille 9: 6NYCRR 373' Protection or Water SPDES Hazardous Wasle Managcl11cnl ~ Article 15. Tille 15: 0 Article 19: 0 Article 34: Water Supply Air Pollution COlllrol Cnustul Lrosinn MunagclllC"1l1 0 Alli"Jc 15, Title 15. 0 l\niclc 23, Tille 27: 0 Arllclc Jb: Watcr Transport Mined Land Reelallllllion Floodplain Managcl11cnl 0 Article IS, Tille 15: 0 Arlicle 24: 0 Articles 1.3. 17, 19, 27. 37: 6NYCR I~ Loni! Island Wells Freshwater Wetlands 3HO: Radiat iOIl Control 0 Arti.:Jc IS, Tille 27: 0 Arliclc 25: 0 Olher Wild. Scenic & Recreational Rivers Tidnl Wetlands ---_..._--------~ 0 6NYCRR 608: 0 Article 27, Title 7; 6NYCRR 360: Willer Qualitv Ccnitication Solid W:lste Munagclllcnt PHlMIT ISSltED TO Town of Wappinger - United Wappinger WaleI' District TELEPIIO~J~ Nll1\Hlh~ 'DDRESS OF "ERMITTEE (845) 297-2744 20 Middlebush Road, Wa in>el's Falb, NY 12590 CONTACT I'ER50:\ FOR [,ERMITTED WORK Chris Colsey Town Supervisor. 20 Middlebush Road, Wappingcrs Falls, NY 12590 TEUI'IIU:-IE '\1:,\IIlUI ~'M~IE AND ADDRESS OF I'ROJECT/FAClUTY Friendl Motorcars, J 34 Old Post Road, Wn In ers Palls, NY 12590 I.OCATION 01' I'ROJECTffAClLlTY COLINT\' ill"crs Falls. NY TOWN Dutchess Wappinger NVn( COORDIN ,ITlcS E: 584.5 N: 4655,() DI.SCRII' 110:-1 OF MnHORIZED ACTIVITY Exlend the United Wappinger Water District (consolidated water district) to include the Friendly Motorcars site an(] to supply lhe Friendly's site with a maximum of 800 gallons per day (gpd) from existing, approved sources. The total approved taking from all previously authorized groundwater sources within the Unitcd Wappinger Watcr District is 2.770 gallons per minute (gpll1). This pCllllil im:uqJuf<ues all Waler Districts and Improvemcnt Areas currently included in the consolidated water district. By acceptance of this permit, the permittee agrees that the pel111il is contingent upon strict compliance with the Eel.. all applicablc regulatiolls, the General Conditions specified (See Page 2) and any Special Conditions included as part of this permit, RFGION,IL PERMIT ADMINISTRATOR ADDRESS Alexander F, Ciesluk, Jr. 21 South Pun Corncrs Rd., New Paltz, NY 12561 ,\l:TlJORIZ[D SIGNATURE Dnk ..... eLL May 16,2011 Page I of 5 ..;~ A~r;> - -' 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 lor 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 suits, actions, damages and costs of every name and description resulting from such 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 01 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 of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the EeL Such representative may order the 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. --A 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. Goneral Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements conteined 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, SlIhmi!;!;inn of applir:atinn!; for pArmi! renAwal or morlifir:;:Ilion ;:Irp. In hA !;lIbmittArl In 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 Departnlent re:;erves the right to 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 the ECl and pertinent regulations Is found; I)) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. ADOITIOI\AL GENf.JUL CONDITIONS FOR ARTICLE 15, TITLE 15 (Walcr Supply) J\. The pennillee mllSI require that any COlllrm:lOr, project engineer. Dr Olher person responsible lor the overall supervision Drlhis proJect has fl'ad, \Indcrslilllds and agrces to COlnl)l)' with thIS permit and associllted pliln(s), II I',i'>f 10 ,lllfling \\'ork on Ilrl)' construclion lIulhorized herein, detailed pions or the structures proposed to he built unu specllieutions lor ,Ul'll "ork slHlII haw hecn ,uhmitlcd to and approved by Ihc Department. Therealler. such construction work shall be entirely completed III 1'1111 accordancc With the plan< HlId 'IWcliicHtinm which have hcon ,uhmilled "nd arrroved I DEe 10# 3-1356-00282/00002 I PROGRAM 10; WSA# 11,462 I Page 2 pf 5 I May 16, 2011 I - -- NOTE: Approval by thIs Dcpanment or firml plans and specifications. and 01 complcted works, II'llInol be Issued unul ':'Iulvalenl approvals have been issued by the NYS Department of Hcnlth, C, Section 15-1529 oflhc Environmental Conservation Law forbids the opeliltiolJ urill')' uI' 111"s" \"Jfl.., ulIlil. as WII,UUClcu. Ihey have been npproved by the Department. Such final approval will be given only on II'rillen request. In general, such approvnl will IllII be gl\'l'n until all prov iSlons al1i:cting qualily offhe waler and sarety or the works have been complied with in rull, D The Department reserves the right to rescind this pemlil or 10 take whatever actiolJ it may deem suitable and proper if the works authoriLed to be constructed herein arc not initiated by Oclohcr 1 20 II SPECIAL CONDITIONS For Article 15. Title 15 (Water Supply) I. The 111110wing tahle lists all the pcrmince's groundwater sources, This permittce is allowed 10 lake \Valt:r only from the "In use" wells hstCUl1I this tuble. -..- ------'-_.._- Town of Wappinger Consolidated Permit ~ United Wappinger Water District (WSA No. 11,288) Water Supply Wells This table supersedes all previous approvals Well field Well No. Well Status WSA No. IndividulIl Well Combined W Yields (GJ>M) J)ermitled T . (GI'M --------. _u.___..___ '--"."--'--- .---- Ccnlral Wapping<::r WIA RI-I-I Abuodoncd 6,190 NJA 1.'170 (CWWIA) RII.2 Abandoned N/A HT-I In use 2'10 .- - -"'--.. 11'1'-2 In use 500 -,---- .-...- .............. Central Wappinger WIA HT-3 In use 7.005 JOO -- -- HT-4 Abandoned NJA -- _n.____.....________ --._- HT-5 In use 430 Norlh Wappinger WD ALias Well-I Abandoned 8.36~ NJA (Acquire Atlas Water Atlas W<.:II-2 Abandoncd NJA Company \Vells) --------,---- Atlas Well-3 Abandoned NJA --- -.......-....- ..-.------ .-.,...-- '--"-""-- . ._n_ North Wappinger WD Well 99-1 In use 10.026 411 UOO ( Replacement II'clls) ----- (Alias welll1c1d) Well 99-3 In use 402 - WD PW 02-4 In use 10.309 250 North Wapping.er (Additional Wells) PW 02-5 In use 300 - I'W 02-6 In use 350 ----.----- PW 02-7 In use 2()O -. .-- -....------. I'vkad()\vwood WD I'W-I In use 10.310 150 30n (Sprout Creek Wclllield) .- I'W-2 In use 150 _~_'_'.__o Oakwood Knolls WD OK-I Not in lIse 5.376 N/A (Acq,Onkwood Watcr N/A Works) OK-2 Not in use Oakwood Knolls WD Connect with In lIse 10.370 N/A CWWIA --..----.-- - __0-0--- - Wappinger Park WD WP-1 Not in use 8,215 N/A -- --. CAcq.Wapp. Park WP-2 Not in llse N/A Ilomes System) WP-3 (Klein Well) Not in llse N/A , .- ell Field ukil>g DEe 10# 3-1356-00282/00002 PROGRAM 10; WSA# 11.462 Page 3 of 5 May 16, 2011 - ~ 19~ ~{Jal (7!61),2~CH.3 t ;l\II~I'''''''f''d Iff!l7 I NEW YORK STATE DEPARTMENT Of ENVIRONM,ENTAL CONSERVATION 21 tou!11 Pull COfllO'~ Rond, New Polt~ NV 12Hl.16ge ..-.. -I SPECIAL CONDITIONS For Article 15 Title 15 (Water Supply) I Wappinger I'Mk WD \\'apl'in~~cr I',lrk WI) (I~xl. 2-lo(5) In tercollnect with CWWIA Intcrconnec[ with rWWI/\ Replace 3 wells above 10,480 N/A 10,820 N/A Total System Taking I Totar water laking I = 2,770 ~PM .. 2, This permit authorizes lhe following areas to be served wilh'r from the ilpproved SOllJ"CeS noted in Special Condition #1: the C('ntral \,vappinger Willer Improvement Area, the Wappinger-Cranberry Water Improvement Area, the Wappinger Park Water l)i~lri('I, the Ardmore Hill Water Improvement An-a, the Central Wappinger Emergency Improvement Aren, the Wappinger \'Voler Improvement I\rea 1999-2, the North V\.'appinger Water District, the Myers Corners II Water District, the Oakwood knolls Water District, lhe Adam':; Foiracrc Pnrms Site, ond the Friendly Motorcdr~ Site. The boundaries of the servin~ dfeCl are represented 011 lhe .ftttaclll'd IVatN District II/lap, prepared by 1\'lorris Associilles. 1. Nothing cont,lincd hcr(lin shall be held lo authorize the pernliltee to distribute water to any other district or service area that has 110t <llready been approved by the Department or lIs predecessors without first obtaining a further permit from the Department. .\, Nolhing cont<lined herein shall be held to authorize the permittee to supply, sell or distribute, for 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 l)ep,lItment of Ilea lth. 5, The [)e>partm('nt reserves the right to require the taking of further sanitary precautions or treatlnent of the water from ilny SOUf\;e approved herein should future conditions cause 111(' Nf'W Ynrk Stilt", D"'parhnent o( Health specify such action. 6 WI,lls OK-I. OK-2, \VP-I, 1-\1[>-2 & WP-3 rnferenn.d in Special Condition #1 of this permit shall remllin pcrmnnenUy disconneded, 111 <I m<ll1l1er satisfactory III the> New York Stale Depilrtment of Heillth, The facilities thus not in use shall not again be used (or public wall'" f;upply purposes withoul n (urther permit (rom this Dep(Htment. 7, IVells RI 1-1, RII-2, llT-4, A[ICls Weill, ,-\llm; Well 2, Clnd Atlas Well 3 are no I{)nger uliljzed by the WaleI' District and must b(' decommissioned according to the DEC Water Suppl}' Well Decommissioning Recommendations (11111'/l-'.'.~\."\'.~\.!!.:!...:lu.:J~(.!2'iJ~hbl.~(,)llll.hlllll) withl n one year of the date of issuance of this permit. 8. Ihe permittee, upon providing service to ilny property that is alreildy supplied by a separate well within the United Wappinger Water District. shall protect the public wilter supply from existing or potential contamination by either: (a) requiring that such well he physically disconnected from the potable water piping system and, if abandoned, be plugged capped and sealed in a milnner satisfactory to the N('w York State Department of Health; or (b) containing any contamination ",'ithin the premises of the propprly in question by imposing meilsures consistent with Section 5-1.31 of the State Sanitary Code that have been submitted to and approved by the New York Stilte Department of Ilf'alth. l) I)uring an)' conslmction directly ~r indireclly associaled with the ,lCtivitics authorized herein, the permittee shnllmt1ke provisions to III Inillli,.(' ('rosiol1 on the construction site and to prevent increased sedimentation in ilny water hody on or aajilcent to the site, 10, The pennillee shall ensure that water used for disinfecting wilter mains, if discharged to (lfea streams, has a free chlorine residual nul \'.'Ll'l'dil1g 0.05 IlIilligrd11l~-pl'r-liter (mg/I) al the point of discharge, II, The permillee is hereby prohibIted from developing new sources of water, replacement sources of water, or increasing the pUlllpine rale from existing sources "bove the levels approved, Without first obtaining \-Vater Su pply Permit from this Depill'tmenl. I~, ,\11 land wilhin 200 feel of the wells within the Sprout Creek Wellfield that is owned or controlled by the permittee shall be 11rtllPcled and cOlltrolled, in oreler to prevent pollution of ground or groundwater, by direct ownership of land, by the acquisition of protective easements, or by other appropriate mCilSU res. ' 13, fhe ph)'sind pumping facilities and controls at tlw SpmlJt rreek Wellfield shall be protected againsl damage or tampering eilher by a fence or other suitable enclosure or by their manner of construction and installillion. I DEe 10# 3-1356-00282/00002 I PROGRAM 10; WSA# 11.462 I Page 4 of 5 May 16, 2011 I - - 19~.20.eF(1/81)..25CR3 La.s.1 J.(eVlsod 7/97 I NEW YORK STATE DEPARTMENT OF EliVlRONMENTAl CONSERVATION 21 SQulh Put1 Comers Road, Now Pahl. NY 12561.1e9& ~ -, SPECIAL CONDITIONS For Article 15 Title 15 (Water Supply) WATER CONSERVATION CONDITIONS: 14. The permittee must maintain meters on all sources of supply used in the system and on ill! customer service connections supplied by the system. 15. Alleftsl once every fifteen years, the permittee must have all of its small service connection meters (less than '[-inch in diamder) calibrated for accuracy according to standards of the American Water Works /\ssociation (A WW A). Larger service meter$ and all source meters must be calibrated more frequently, based upon the A W\^i A standards for the size of meter used. 16. The permittee lUust maintilin records of annual metered water production and consumption. and, al I(,fl~t ollre ill1nllall)'. must conduct a system water audit that utilizes metered production and consumption data to determine unaccounted-for water. '17. The permittee must develop and implement a leilk detection and repair program that uses sonic detection equipmcntto inspect its entire distribution system in a systematic fashion. At II minimum, this progl'!lIn must cove,' the entire system in a three-yeM cycle by inspecting at least one-third of the system each year. Whenever two consecutive annu,l! wilter audiL~ shall show that unaccounted-for water is 15% or IC5s of system production, the ledk deledion dllll repair program may be modified to cover tlw entire system in a longer cycle. '18. The permittee must retain records of production and consumption, reports of audit results, and summaries of leaks dC'lecl('d LInd repaired for at least ten years, The permittee must provide copies of such of these records, reports, and summaries as miBht 11(' requested in writing by the Department within one month of receiving such a request. '19. Within 60 days from the issuance of this permit, the permittee must submit to the Department two copies of all infMmiltion available which may be useful in determining the maximum yields currently attainable from each source listed in Spel:iid Condition No. 1. This data should be provided dating from as far bark a.~ ilvail.ilhle. and include, but not be limited to, historic pumping rates, historic takings, historic water levels in wells, ilnd current well status (Le. in lise, abandoned, off-line, etc.). This information is regllired as part of a water source evaluation necessary to determine the current water supply llVllilablc Cor use in the United WilppingerWater District. STATE ENVIRONMENTAL QUALITY REVIEW Under the State Environmental Quality Review Act (SEQR), the project associated with this perJnil is classilicd as a Type II Action and therefore is not subject to f11l1her procedures under this law. Enclosure: Water District Map Cc wi enclosure: M. Monlysko/W. Gilday - NYS DOH (Troy) Dutchess County Department of Health Town of Wappinger Planning Board M DS Associates Ecc wi enclosure: Michael E. Takacs, Morris Associates, PLLC y, Gandhi, DOW, NPO R. Coriale, M. George & E. Shirkey, DOW, WPO M. Holt, E. Schmitt, Jim Garry, DOW, Albany I DEe ID# 3-1356-00282/00002 ., PROGRAM ID; 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 150 120 90 P s i 60 30 0 o 250 500 750 1000 1250 gpm Created with the free hydrant flow test program from www.igneusinc.com - - Town of Wappinger Water NYCDEP Extension MA Project # W21215 Property Data Chelsea Extension. 147 Parcels II 6056 r 01 I 012635 I lSinele Family Residential 210 25 Bank St I 320 I 320 II II 6056 ~ ISlngle Famll Residential210 26 Bank St I 3-,-, ....!lll 5956 12 983612 Single Familv Residential 210 7 Broadwav Ave 320 320 5956 12 997622 Single Familv Residential 210 24 Bank St 320 320 5956 12 965590 Sinele Family Residential 210 2 Broadway 320 320 5956 12 973615 Single Family Residential 210 3 Broadway Ave 320 320 5956 12 975587 Single Family Residential 210 6 Broadway Ave 320 320 5956 12 992610 Single Famllv Residential 210 11 Broadwav Ave 320 320 5956 12 999607 Sine Ie Famllv Residential 210 15 Broadway Ave 320 320 6056 09 007603 ~ 6056 01 059608 Three Family Residential 230 25 Chelsea Rd 960 960 .!L .0.1".... .. 6056 01 237810 Single Family Residential 210 1 Circle Dr 320 320 6056 01 223819 Single Familv Residentiai 210 2 Circle Dr 320 320 6056 01 232799 Single Family Residential 210 3 Circle Dr 320 320 6056 01 205819 Single Family Residential 210 4 Circle Dr 320 320 6056 01 242790 Single Family Residential 210 5 Circle Dr 320 320 6056 01 204797 Single Family Residential 210 6 Circle Sr 320 320 6056 01 222783 Single Family Residential 210 8 Circle Dr 320 320 6056 01 235770 Single Family Residential 210 10 Circle Dr 320 320 6056 01 259750 Single Family Residential 210 14 Circle Dr 320 320 6056 01 260771 Single Family Residential 210 16 Circle Dr 320 320 6056 01 276758 Single Family Residential 210 18 Circle Dr 320 320 6056 01 261793 Single Family Residential 210 20 Circle Dr 320 320 ;.uPIOtll.lil 6056 01 219859 Single Family Residential 210 1 Lake Dr 320 320 6056 01 208840 Single Family Residential 210 2 Lake Dr 320 320 6056 01 228850 Single Family Residential 210 3 Lake Dr 320 320 6056 01 237840 Single Family Residential 210 5 Lake Dr 320 320 6056 01 260820 Single Family Residential 210 9 Lake Dr 320 320 6056 01 244804 Single Family Residential 210 12 Lake Dr 320 320 6056 01 284765 Single Family Residential 210 16 Lake Dr 320 320 6056 01 286814 Single Family Residential 210 17 Lake Dr 320 320 6056 01 284779 Single Family Residential 210 18 Lake Dr 320 320 6056 01 244824 Single Family Residential 210 7 Lake Dr 320 320 6056 01 284792 Single Family Residential 210 20 Lake Dr 320 320 6056 01 299791 Single Family Residential 210 22 Lake Dr 320 320 . ill... , , . . mlllfll ,...,. 6056 09 010532 Single Family Residential 210 2 Liberty St 320 850 6056 09 015547 Single Family Residential 210 6 Liberty St 320 320 5956 12 996561 Single Family Residential 210 9 Liberty St 320 320 6056 09 014563 Auditorium 514 10 Liberty St 500 500 5956 12 996568 Single Family Residential 210 11 Liberty St 320 320 6056 09 001581 Emergency 662 15-17 Liberty St 320 320 6056 09 016577 Emergency 662 16 Liberty St 320 320 6056 09 030599 Single Family Residential 210 26 Liberty St 320 320 6056 09 009612 Single Family Residential 210 27 Liberty St 320 320 6056 09 033606 Single Family Residential 210 28 Liberty St 320 320 6056 09 035612 Single Family Residential 210 30 Liberty St 320 320 6056 09 037618 Single Family Residential 210 32 LI berty St 320 320 6056 09 040628 Single Family Residential 210 36 Liberty St 320 320 6056 09 044639 Single Family Residential 210 40 Liberty St 320 320 6056 09 034676 Single Family Residential 210 45 Liberty St 320 320 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 . .S .1 I) iii .' ;IUI ~ . 5956 12 961570 Single 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 5956 1 44 Market St 320 320 .1J"~'!lJI1II'f'$IIQtotlll~1IIi'!'62 (l1! ;$,620.Bil1l II 6056 I 09 011646 Single Family Residential 210 12 North St 320 I 320 II II 6056 I 09 020644 I ~ Family Residential 210 16 North St ,.;~~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 188838 Vacant Resdential 311 River Rd N 0 320 6056 01 190688 Residential Vacant 311 River Rd N 6056 01 241868 Vacant Resdential 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 J a.lfll:itit9~i~~ll ,,!!!l,~1I 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 Single 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 Residential 210 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 ~--'~ :,\,:,- r'~~~r-"~'''~':'''''<i<'''''<'-<''''"' "~"'~r''''1"- - """''''''"~''~;''.''''-~F''~ll1f~~ '" f"' -J..'I. "'1 t,) E r,,, ' ~ 11 b ~ . , I ~~Ul1~~~1!X~(" r ".. < ", JD!;tl '"':'. ':, l" ~;l1'''~j1f~nrnwt.r.Jo~ 1"'" I ~~~ ...:.......1;:~.......,:,..,.~...............~...-f.u~ ~~~.'"...,c ~ 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 Residential 210 29 Sky Top Dr 320 320 6056 01 341722 Single Family Residential 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 Top 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 Slnale Family Residential 210 38 Sky Top Dr 320 320 6056 01 420713 Mull. Family Residential 280 39 Sky Top Dr 650 650 6056 01 382645 Single Family Residential 210 42 Sky Top Dr 320 320 6056 01 405666 Sin Ie Famll Residentlal210 44 Sk Top Dr 320 320 ;Q ,S.llQtQflIl~ ,3_11 5956 12 939570 Single FamilY Residential 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 Residential 210 11 Spring SI 320 320 5956 01 985575 Single Family Residential 210 15 Spring SI 320 320 5956 12 971542 Single Family Residential 210 16 Spring St 320 320 5956 01 962544 Single Family Residential 210 17 Spring St 320 320 5956 12 975522 Single Family Residential 210 18 Spring St 320 320 5956 01 970470 Single Family Residential 210 20 Spring St 320 320 5956 12 991553 Single Family Residential 210 21 Spring St 320 320 5956 01 989519 Single Family Residential 210 22 Spring St 320 320 ~fi~J~r~~~~!~~..~t:~~~~~~2Z=:~~:S~~~m~~::,~~f2i~~~2I 6056 01 404920 Single Family Residential 210 1 Stenger Ct 320 6056 01 362912 Single Family Residential 210 2 Stenger Ct 320 6056 01 388895 Single Family Residential 210 3 Stenger Ct 320 6056 01 360898 Single Family Residential 210 4 Stenger Ct 320 6056 01 395878 Single Family Residential 210 5 Stenger Ct 320 6056 01 351844 Single Family Residential 210 6 Stenger Ct 320 6056 01 345868 Single Family Residential 210 8 Stenger Ct 320 6056 01 423907 Single Family Residential 210 9 Stenger Ct 320 6056 01 353854 Single Family Residential 210 11 Stenger Ct 320 6056 01 436885 Single Family Residential 210 10 Stenger Ct 320 6056 01 363844 Single Family Residential 210 12 Stenger Ct 320 6056 01 410861 Single Family Residential 210 13 Stenger Ct 320 6056 01 373834 Single Family Residential 210 14 Stenger Ct 320 6056 01 454863 Single Family Residential 210 15 Stenger Ct 320 6056 01 379819 Single Family Residential 210 16 Stenger Ct 320 6056 01 485826 Single Family Residential 210 17 Stenger Ct 320 6056 01 409778 Single Family Residential 210 18 Stenger Ct 320 6056 01 441830 Single Family Residential 210 19 Stenger Ct 320 6056 01 457803 Single Family Residential 210 21 Stenger Ct 320 6056 01 435784 Single Family Residential 210 23 Stenger Ct 320 ,.n E:\documents\T Wappinger\a W2012\W21215 NYCDEP Extension\Design\Chelsea Water Demand,xls Demands 6/19/2012 TOWN OF LAGRANGE TOWN OF POUGHKEEPSIE LEGEND e MUNICIPAL WE"U <!l STlJR4GE TANKS TOWN OF EAST FISHKILL - - - o - FlEETWOOD MANOR WA TER DISTRICT PROPOSED WA TER MAIN CONNECnON TO UNITED TAlL TREES WA TER DISTRICT ORIGINAL UNITED WAPPINGER WA TER DISTRICT WATCHHILL WA7FR DISTRICT PHASE 2 132 PARCElS -cHELSEA I~U NYCDEPPARCEL PROPOSED PHASE 2 147 PARCELS - CHELSEA PHASE 1 PIPING FUTURE LOOP FOR MEADOWIWOO ltELLS PHASE 2 PIPING FUTURE WA TER MAIN LOOP NDTE: BASE MAP DBTAINED FROM 2005 COMPREHENSIVE PlAN PREPARED BY FREDERICK P. CI.ARJ< ASSOCIA TES FUTURE LOOP FROM ALMMS TD MACFARLANE / CARNAllY GRAPHIC SCALE h.-....w.-.; PHASE 1 AND PHASE 2 EXTENSION TO NY'CDEP AND CHelSEA i OVERAll WATER DISTRICT MAP INCLUDING IMPROVEMENT AREAS ~If"_ 1 III nrr I ....,,,__1\. --- - 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 00 01 (ed. 11/88) or equivalent. Combined Single Limit - Bodily Injury and Property Damage $2,000,000 per Occurrence $2,000,000 products/completed operations aggregate $4,000,000 general aggregate $25,000 maximum deductible (See Section 1.01.03a for additional requirements) (X) Automobile Liability: CA 0001 (ed. 01/80) or equivalent. Combined Single Limit - Bodily Injury and Property Damage $1,000,000 each occurrence The following coverage must be provided: (X) Comprehensive Form (X) Owned (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 York State Law without regard to jurisdiction (See Section 1.01.01 below) (X) Employer's Liability Statutory (See Section 1.01.02) (X) Commercial General Liability CG 00 01 (ed. 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 1.0 1.03 a 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 a U.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 of insurance 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 ofthe 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 of the subject contract. the City. The policy shall contain no exclusions or endorsements which are not acceptable to (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 Counsel. 2. Notice of Cancellation of Policy: In the event the contractor or consultant receives notice, from an insurance company or other person, that any insurance policy required herein shall expire or be cancelled or terminated for any reason, the contractor or consultant shall immediately forward a copy of such notice to both DEP, Attn: General Counsel, and the New York City Comptroller, Attn: Office of Contract Administration, Municipal Building, One Centre Street, Room 1005, New York, New York 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 ofMCS-90. 1.01.05 Insurance Agreement General Requirements for Insurance Coverage and Policies (a) All required insurance policies shall be maintained with companies that may lawfully issue the required policy and have an A.M. Best rating of at least A- / "VII" or a Standard and Poor's rating of at least A, unless prior written approval is obtained from the City Law Department. (b) All insurance policies shall be primary (and non-contributing) to any insurance or self-insurance maintained by the City. (c) The Contractor shall be solely responsible for the payment of all premiums for all required insurance policies and all deductibles or self-insured retentions to which such policies are subject, whether or not the City is an insured under the policy. (d) There shall be no self-insurance program with regard to any insurance required under this Article unless approved in writing by the Commissioner. Any such self-insurance program shall provide the City with all rights that would be provided by traditional insurance required under this Article, including but not limited to the defense obligations that insurers are required to undertake in liability policies. (e) The City's limits of coverage for all types of insurance required under this Article shall be the greater of (i) the minimum limits set forth in this Article or (ii) the limits provided to the Contractor as Named Insured under all primary, excess, and umbrella policies of that type of coverage. 1.01.06 Proof of Insurance (a) For Workers' Compensation Insurance, Disability Benefits Insurance, and Employer's Liability Insurance, the Contractor shall file one ofthe following within ten (10) Days of award of this Agreement. ACORD forms are not acceptable proof of workers' compensation coverage. 1. C-I05.2 Certificate of Workers' Compensation Insurance; 2. Insurance; U-26.3 -- State Insurance Fund Certificate of Workers' Compensation 49 ~ - 3. Request for WC/DB Exemption (Form CE-200); 4. Equivalent or successor forms used by the New York State Workers' Compensation Board; or 5. Other proof of insurance in a form acceptable to the City. (b) F or 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 (l0) 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 of Insurance confirming renewals of insurance shall be submitted to the Commissioner prior to the expiration date of coverage of policies required under this Article. Such Certificates of Insurance shall comply with the requirements of Section 7.08 (A) and Section 7.08(B), as applicable. (d) The Contractor shall provide the City with a copy of any policy required under this Article upon the demand for such policy by the Commissioner or the New York City Law Department. (e) Acceptance by the Commissioner of a certificate or a policy does not excuse the Contractor from maintaining policies consistent with all provisions of this Article (and ensuring that subcontractors maintain 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 ofthe 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