3.05 3.5
GRANTS\NYS DOT—Luzerne Road Culvert—Bridge NY Grant—Agreement—8-8-2022
RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING 100%
OF COSTS OF TRANSPORTATION PROJECT OF WHICH QUALIFIED
COSTS MAY BE REIMBURSED FROM BRIDGE NY FUNDS - CULVERT
REPLACEMENT PROJECT ON LUZERNE ROAD
AT CLENDON BROOK
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 153,2021, the Queensbury Town Board authorized
engagement of C.T. Male Associates for preparation of a 2021 New York State Department of
Transportation (NYS DOT) Bridge NY Grant Funding Application regarding a culvert replacement
project on Luzerne Road at Clendon Brook in the Town of Queensbury and by Resolution No.: 65,
2022, the Town Board authorized acceptance of$839,212 in NYS DOT Bridge NY Grant Funds
for the Project and establishment of the Luzerne Road Culvert Capital Project No. 242 (which
Capital Project No. was amended to Capital Project No.: 243 per Resolution No.: 76,2022), and
WHEREAS, this project for the CULVERT NY, Town of Queensbury for Culvert NY,
Luzerne Road over Clendon Brook, PIN 1762.11 (the "Project") is eligible for reimbursement of
qualified costs from Bridge NY funding that calls for the post-reimbursement apportionment of
the qualified costs be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds,
and
WHEREAS, the New York State Department of Transportation (NYSDOT) will design,
let, and administer all phases of the Project, and
WHEREAS, the Town of Queensbury desires to advance the Project by making a
commitment of 100% of the costs of Construction work for the Project or portions thereof,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and approves the Project;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby grants the New York State Department of
Transportation (NYSDOT) permission to directly apply Bridge NY funds to reimburse costs
incurred by NYSDOT on the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby agrees that the Town of Queensbury shall be
responsible for all costs of the Project which exceed the amount of the NY Bridge Funding
awarded to the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that in the event the costs of the Project exceed the amount of Bridge NY
funding appropriated, the Town Board shall convene as soon as possible to appropriate said
excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby agrees that Town of Queensbury hereby
commits that construction of the Project shall begin no later than twenty-four (24) months after
award and the construction phase of the Project shall be completed within thirty (30) months, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor of the Town of Queensbury be and is hereby
authorized to execute all necessary agreements, certifications or reimbursement requests with
NYSDOT for State Aid and/or Bridge NY funding on behalf of the Town of Queensbury and in
connection with the advancement or approval of the Project and providing for the administration
of the Project and the municipality's funding of the Project costs, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury will be responsible for all maintenance of the
Project, and
BE IT FURTHER,
RESOLVED, that a certified copy of this Resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and
BE IT FURTHER,
RESOLVED, this Resolution shall take effect immediately.
Duly adopted this 8t'day of August, 2022,by the following vote:
AYES
NOES
ABSENT:
~
,
���u��������am� ��� KTHYHOCHUL
~~`~�~~~~ ~^^~^~~°~ ~~^ Governor
mnm/rc l7rans����rtat~��n
-�=� | v MAR|ETHERESE0/OMINGUEZ
Commissioner
FATRICK S.BARaES'|�E.
Regional Director
June 7. 3U22
John|5tnough. Town Supervisor
Town ofQoeenabury
742 Bay Road
(]ueanobury. New York 128O4
RE: Culvert NY-Master Agreement and Resolution for PIN 1782.11. OU4O8G7. Culvert NY PIN 17O2.11,
743 Bay Road, Clueenabury. New York 128D4
Dear Mr. John Stnough.
Enclosed is the proposed Culvert NY Master Agreement and Resolution required for the above subject
project. These documents need to be enacted by the Town ofQueensbury for work hobeaccomplished
on this State Administrated Culvert NY project. The funds for this are 1OO96State Bridge NY'funds. This
project is part of the NYS0OT Design and Let Bundle.
Instructions:
|
(A) VVe have provided you with o single copy of the standardized Federal Local
Agreement|anguage. relevant Schedule/\. and Schedule B. Please keep these documents for your
records.
/
(8) We have providedyou with a single copy ofo draft resolution. The Town should complete, enact
and certify the resolution. You may redraft your own resolutions, but they must contain all the necessary
clauses of the enclosed version. Please do not change the wording of the resolution in any way without
checking with this office first. Remember the resolution must identify the source of the funding
appropriation. Please return either a single electronic scan of the certified resolution or 3 (three) originals
with the required certificates. Also, oa with the agreement, please keep on additional copy for your
records oa you will not get o copy of the resolution returned tOyou.
(C) Because you are receiving this via email, vvm have provided you with 1 /one\ copy ofthe
necessary signature page. Please return either asingle electronic scan ofthe signature page ormake
print(five) copies, sign & return all 5 (five)original signature pages tV this office with the above
resolutions. You will get a single original of this page returned to you once the contract is executed by the
necessary State officials.
If you have any questions concerning the procedures, please call me 518-485-1715.
Sincerely,
Lorenzo OiStefano, P.E.
Regional Local Project Liaison
Program Development and Management
Region One
L[) 'u
Enclosures
5ovvo//Road,Albany,m,/223z { vv°w.uot.nr.�pv
Press Ft to see instructions in blank fields BridgeNY Culvert Local Project Agreement(02/19)
MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
Bridge NY Culvert Local Project Agreement
CONTRACT NO. D040667
This Agreement is by and between:
the New York State Department of Transportation ("NYSDOT"), having its principal office at
50 Wolf Road, Albany, NY 12232, on behalf of New York State ("State");
and the Town of Queensbury(the "Municipality/Sponsor")
with its office at Town of Queensbury, 742 Bay Road, Queensbury, IUew York 12804.
This Agreement covers eligible costs incurred on or after
This Agreement identifies the party responsible for administration and establishes the method or
provision for funding of applicable phases of a Bridge NY State aid project for the improvement or
replacement of a culvert, not on the State highway system, as such project and phases are more fully
described by Schedule A annexed to this Agreement. The phases that are potentially the subject of this
Agreement, as further enumerated, are: Preliminary Engineering ("PE") and Right-of-Way Incidental
("ROW Incidentals") work; Right-of-Way Acquisition; and Construction, Construction Supervision and/or
Construction Inspection. The project shall be identified for the purposes of this Agreement as Bridge
Culvert NY, PIN 176211, Luzerne Road over Clendon Brook Replacement(as more specifically
described in such Schedule A, the "Project").
WITNESS ETH:
WHEREAS, project eligibility for the Bridge NY Program, and other State Aid Program funds is
determined by NYSDOT; and
WHEREAS, under related authorizations, NYSDOT and the Municipality/Sponsor are desirous of
progressing the Project under State Aid Programs; and
WHEREAS, under New York General Municipal Law§ 99-r, the governing board of any municipal
corporation may contract with NYSDOT for services and work including design and construction of the
nature contemplated by the Project; and
WHEREAS, The Legislative Body of the Municipality/Sponsor by Resolution No. adopted at
meeting held on , approved the Project, and
WHEREAS, the Municipality/Sponsor has appropriated necessary funds in connection with any
Municipal/Sponsor share identified in Schedule A; and
WHEREAS, the Municipality/Sponsor has further authorized the Supervisor of Town Council of
the Municipality/Sponsor to execute this Agreement and the applicable Schedule A on behalf of the
Municipality/Sponsor and a copy of such Resolution(s) is attached to and made a part of this Agreement
(where New York City is the Municipality/Sponsor, such resolution is not required).
NOW, THEREFORE, the parties agree as follows:
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Press F1 to see instructions in blank fields BridgeNY Culvert Local Project Agreement(02/19)
MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
1 Documents Forming this Agreement The Agreement consists of the following:
• Agreement Form -This document titled "Bridge NY Culvert Local Project Agreement";
• Schedule "A" - Description of Project Phase, Funding and Deposit Requirements;
• Schedule "B" - Phases, Subphase/Tasks, and Allocation of Responsibility
• Appendix "A" - Standard Clauses for New York State Contracts
• Appendix "A-1"- Supplemental Title VI Provisions (Civil Rights Act)
• Appendix "B" - Minority and Women-Owned Business Enterprises — Equal Employment
Opportunity Policy Statement.
• Appendix "B 06-16" Requirements for Federally-Aided Transportation Projects
• Appendix 4-16 — Executive Order#4 & Executive Order#16 Certification
• Municipal/Sponsor Resolution(s) - duly adopted Municipal/Sponsor resolution(s)
authorizing the appropriate Municipal/Sponsor official to execute this Agreement on
behalf of the Municipality/Sponsor, and appropriating or otherwise providing the Project
funding required therefor. (Where New York City is the Municipality/Sponsor, such
resolution is not required),
*Note — Resolutions for BridgeNY projects must also- include an express commitment by the
Municipality/Sponsor that construction shall commence no later than twenty-four(24) months after
award, and the project must be completed within thirty (30) months of commencing construction.
Award is defined as an executed Federal Aid Agreement, approved by the Office of the State
Comptroller.
1.1 Within Appendix A-11, the term "Contractor" herein refers to any party other than the State,
whether a Municipality/Sponsor, contractor, licenser, licensee, lessor, lessee, or any other party to
this Project Agreement, or a subcontractor to any party other than the State.
2. General Description of Work and Responsibility for Administration and Performance. Subject to
the allocations of responsibility for administration and performance thereof as shown in Schedule B
(attached), the work of the Project may consist generally of the categories of work marked and
described in Schedule B for the scope and phase in effect according to Schedule A or one or more
Supplemental Schedule(s)A as may hereafter be executed and approved by the parties hereto as
required for a State contract, and any additions or deletions made thereto by NYSDOT subsequent to the
development of such Schedule(s) A for the purposes of conforming to New York State or to Federal
Highway Administration requirements or standards, including but not limited to compliance with 28 CFR
35.105 which requires a Municipality/Sponsor employing 50 or more persons to prepare a Transition plan
addressing compliance with the Americans with Disabilities Act (ADA).
The Municipality/Sponsor understands that funding is contingent upon the Municipal ity/Sponsor's
compliance with the applicable requirements of the "Local Projects Manual (LPM" formerly known as the
"Procedures for Locally Administered Federal Aid Projects (PLAFAP)" Manual (available through
NYSDOT's web site at https://www.dot.nV.qov/plafap, and as such may be amended from time to time.
1
3. Municipal/Sponsor Deposit. Where the work is performed by consultant or construction contract
entered into by NYSDOT, or by NYSDOT forces, the Municipality/Sponsor shall deposit with the State
Comptroller through NYSDOT prior to the award of NYSDOT's contract or NYSDOT's performance of
work by its own forces, the full amount of the Project costs due in accordance with Schedule A.
4. Payment or Reimbursement of Costs. For work performed by NYSDOT, NYSDOT will directly
apply the required Municipality/Sponsor Deposit and, if applicable, shall request Office of the New York
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Press F1 to see instructions in blank fields BridgeNY Culvert Local Project Agreement(02/19)
MUNICIPALITY/SPONSOR: 176ZIl
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
State Comptroller (OSC) funding of State aid to the Municipality/Sponsor as described below. For work
performed by or through the Municipality/Sponsor, NYSDOT will reimburse the Municipality/Sponsor up
to the amount of the Municipality/Sponsor's award of Bridge NY State aid as described below.
NYSDOT will periodically make reimbursements upon request and certification by the Sponsor. The
frequency of reimbursement requests must be in conformance with that stipulated in the NYSDOT
Standard Specifications; (§109-06, Contract Payment). NYSDOT recommends that reimbursement
requests not be submitted more frequently than monthly. In all cases, reimbursement requests must be
submitted at least once every six months. A Sponsor's reimbursement requests are restricted to eligible
project costs. To be classified as an "eligible project cost", in addition to other requirements of this
Agreement, the original expenditure must have been paid within the past 15 months in order to comply
with Federal Tax Law and IRS Regulations (26 CFR 1.150-2 (d)(2)(i)), which governs fund
disbursements from the issuance of tax-exempt bonds. Expenditures paid greater than 15 months prior
to the reimbursement request are ineligible for reimbursement.
4.1 State aid. Subject to compliance with this Agreement, NYSDOT shall authorize
reimbursement of eligible individual Project costs identified in the applicable Schedule A.
Contractor obligations or expenditures that precede the start date of this Agreement shall not be
reimbursed. To be eligible for State aid, project costs must be for work which, when completed,
has a certifiable service life of at least 50 years for culvert replacements, or at least 10 years for
culvert relining.
4.2 State aid Eligible Project Costs. Eligible Project costs include costs of acquisition,
construction, repair, reconstruction, renovation, equipment and other related costs as set forth in
the Project Description in Schedule A or Supplements to Schedule A. Eligible Project costs may
also include the reimbursement of salaries and wages to employees of Sponsor for carrying out
the Project(s); fees to consultants and professionals retained by Sponsor for planning and
performing the Project, and such other costs and expenses directly related to such employees,
consultants and professionals for the Project.
4.3 In no event shall the State be obligated to fund or reimburse any costs exceeding the
"State Share" provided in Schedule A.
4.4 All items included by the Municipality/Sponsor in the record of costs shall be in conformity
with accounting procedures acceptable to NYSDOT and the FHWA. Such items shall be subject
to audit by the State, the federal government or their representatives.
4.5 If Project-related work is performed by NYSDOT, NYSDOT will be paid for the full costs
thereof. To this end, the reimbursement to the Municipal ity/Sponsor provided for in section 4.1
above may be reduced by NYSDOT if necessary.
4.6 Municipalities/Sponsor's may not use Bridge NY funds to substitute for the local match to
a federally-aided project.
5. Supplemental Agreements and Supplemental Schedule(s) Supplemental Agreements or
Supplemental Schedule(s) may be entered into by the parties, and must be executed and approved in
the manner required for a State contract. A Supplemental Schedule is defined as a Supplemental
Agreement which revises only the Schedule A of a prior Agreement or Supplemental Agreement. In the
event Project cost estimates increase over the amounts provided for in Schedule A, no additional
reimbursement shall be due to the Municipality/Sponsor unless the parties enter into a Supplemental
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MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: ❑040667
PHASE: PER SCHEDULES A
Agreement or Supplemental Schedule A for reimbursement of additional Eligible Project Costs.
6. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the
Municipality/Sponsor any monies paid to the Municipality/Sponsor pursuant to this Agreement which are
subsequently determined to be ineligible for State aid hereunder.
7. Municipal/Sponsor Liability.
7.1 If the Municipal ity/Sponsor performs work under this Agreement with its own forces, it
shall be responsible for all damage to person or property arising from any act or negligence
performed by or on behalf of the Municipal ity/Sponsor, its officers, agents, servants or
employees, contractors, subcontractors or others in connection therewith. The
Municipal ity/Sponsor specifically agrees that its agents or employees shall possess the
experience, knowledge and character necessary to qualify them individually for the particular
duties they perform,
7.2 To the fullest extent permitted by law, the Municipality/Sponsor shall indemnify and save
harmless the State for all damages and costs arising out of any claims, suits, actions, or
proceedings resulting from the negligent performance of work by or on behalf of the
Municipal ity/Sponsor, its officers, agents, servants, employees, contractors, subcontractors or
others under this Agreement. Negligent performance of service, within the meaning of this
section, shall include, in addition to negligence founded upon tort, negligence based upon the
failure of the Municipality/Sponsor or its officers, agents, servants,, employees, contractors,
subcontractors or others to meet professional standards resulting in obvious or patent errors in
the progression of its work. Additionally, the Municipality/Sponsor shall defend the State in any
action arising out of any claims, suits, actions, or proceedings resulting from the negligent
performance of work by or on behalf of the Municipality/Sponsor, its officers, agents, servants,
employees, contractors, subcontractors or others under this Agreement.
7.3 The Municipality/Sponsor shall at all times during the Contract term remain responsible.
The MunicipalitylSponsor agrees, if requested by the Commissioner of Transportation or his or
her designee, to present evidence of its continuing legal authority to do business in New York
State, integrity, experience, ability, prior performance, and organizational and financial capacity.
7.4 The Municipality/Sponsor shall at all times during the Contract term remain responsible.
The Municipality/Sponsor agrees, if requested by the Commissioner of Transportation or his or
her designee, to present evidence of its continuing legal authority to do business in New York
State, integrity, experience, ability, prior performance, and organizational and financial capacity.
The Commissioner of Transportation or his or her designee, in his or her sole discretion,
reserves the right to suspend any or all activities under this Contract, at any time, when he or
she discovers information that calls into question the responsibility of the Municipality/Sponsor or
the Municipal ity/Sponsor's officers, agents, servants, employees, contractors, or subcontractors.
In the event of such suspension, the Municipality/Sponsor will be given written notice outlining
the particulars of such suspension. Upon issuance of such notice, the Municipality/Sponsor must
comply with the terms of the suspension order. Contract activity may resume at such time as the
Commissioner of Transportation or his or her designee issues a written notice authorizing a
resumption of performance under the Contract.
7.3 Upon written notice to the Municipality/Sponsor, and a reasonable opportunity to be
heard with appropriate NYSDOT officials or staff, the Contract may be terminated by the
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MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES"A
Commissioner of Transportation or his or her designee at the Municipality's/Sponsor's expense
where the Municipality/Sponsor is determined by the Commissioner of Transportation or his or
her designee to be non-responsible. In such event, the Commissioner of Transportation or his or
her designee may complete the contractual requirements in any manner he or she may deem
advisable and pursue available legal or equitable remedies for breach.
8. Maintenance. The Municipality/Sponsor shall be responsible for the maintenance of the project
at the sole cost and expense of the Municipality/Sponsor. If the Municipality/Sponsor intends to have
the project maintained by another entity, any necessary maintenance agreement will be executed and
submitted to NYSDOT before construction of the Project is begun. Upon its completion, the
Municipality/Sponsor will operate and maintain the Project at no expense to NYSDOT; and during the
useful life of the Project, the Municipality/Sponsor shall not discontinue operation and maintenance of
the Project, nor dispose of the Project, unless it receives prior written approval to do so from NYSDOT.
8.1 The Municipality/Sponsor may request such approved disposition from NYSDOT where
the Municipality/Sponsor either causes the purchaser or transferee to assume the
Municipality/Sponsor's continuing obligations under this Agreement, or agrees immediately to
reimburse NYSDOT for the pro-rata share of the funds received for the project, plus any direct
costs incurred by NYSDOT, over the remaining useful life of the Project.
8.2 If a Municipality/Sponsor fails to obtain prior written approval from NYSDOT before
discontinuing operation and maintenance of the Project or before disposing of the project, in
addition to the costs provided, above in 8.1, Municipality/Sponsor shall be liable for liquidated
damages for indirect costs incurred by NYSDOT in the amount of 5% of the total funding provided
through NYSDOT.
8.3 For NYSDOT-administered projects, NYSDOT is responsible for maintenance only during
the NYSDOT-administered construction phase. Upon completion of the construction phase, the
Municipality/Sponsor's maintenance obligations start or resume.
9. Independent Contractor. The officers and employees of the Municipality/Sponsor, in accordance
with the status of the Municipality/Sponsor as an independent contractor, covenant and agree that they
will conduct themselves consistent with such status, that they will neither hold themselves out as, nor
claim to be, an officer or employee of the State by reason hereof, and that they will not by reason hereof,
make any claim, demand or application to or for any right or privilege applicable to an officer or employee
of the State, including, but not limited to, Workers Compensation coverage, Unemployment Insurance
benefits, Social Security or Retirement membership or credit.
10. Contract Executory.
10.1 This Agreement shall be deemed executory only to the extent of the monies available to
the State for its performance and no liability on account thereof shall be incurred by the State
beyond monies available therefor.
10.1 This Agreement shall remain in effect so long as State funding authorizations are in effect
and funds are made available pursuant to the laws controlling such authorizations and
availabilities. However, if such authorizations or availabilities lapse and are not renewed,
continued or reenacted, as to funds encumbered or available and to the extent of such
encumbrances or availabilities, this Agreement shall remain in effect for the duration of such
encumbrances or availabilities. Although the liquidity of encumbrances or the availability of funds
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MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
may be affected by budgetary hiatuses, a State budgetary hiatus will not by itself be construed to
lapse this Agreement, provided any necessary State appropriations or other funding
authorizations are enacted. Municipality/Sponsor's continued performance during such a
budgetary hiatus cannot, by itself, obligate the State to making expenditures without
appropriations.
11. No Assignment or Other Disposition of Agreement. The Municipal ity/Sponsor agrees not to
assign, transfer, convey, sublet or otherwise dispose of this Agreement or any part thereof, or of its right,
title or interest therein, or its power to execute such Agreement to any entity, public or private, without
the previous written consent of NYSDOT first having been obtained.
12. Term of Agreement. As to the Project and phase(s) described in the Schedule(s) A executed
herewith, this Agreement takes effect as of the date of this Agreement. This agreement takes effect as
to the Project and phase(s) established in any duly executed and approved supplemental Schedule(s) A
as of the date of such supplemental Schedule(s)A.
12.1 Time is of the essence. The Municipality/Sponsor understands that construction of BridgeNY
Projects must commence no later than twenty-four(24) months after award, and the project must be
completed within thirty (30) months of commencing construction.Award is defined as an executed.
BridgeNY Agreement, approved by the Office of the State Comptroller.
13. NYSDOT Obligations. NYSDOT's responsibilities and obligations are as specifically set forth in
this agreement, and neither NYSDOT nor any of its officers or employees shall be responsible or liable,
nor shall the Municipality/Sponsor assert, make or join in any claim or demand against NYSDOT, its
officers or employees, for any damages or other relief based on any alleged failure of NYSDOT, its
officers or employees, to undertake or perform any act, or for undertaking or performing any act, which is
not specifically required or prohibited by this Agreement.
14. Ethics Considerations. In addition to Municipal ity's/Sponsor's conforming with the applicable
provisions of Public Officers Law §73 (Business or Professional Activities by State Officers and
Employees and Party Officers) and General Municipal Law §806 (Code of Ethics) as related to the
expenditure of the Program Funding made hereunder, no member of Municipality's/Sponsor's governing
body, its officers or employees, or any member of the Board of Directors or staff, nor any member of their
families shall benefit financially either directly or indirectly from the Program Funding unless such action
is otherwise in accordance with law and is necessary for the accomplishment of the Project. In such
event, Municipal ity/Sponsor shall disclose such relationship to NYSDOT and shall obtain prior written
approval therefor from NYSDOT.
15. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT
in a timely manner all applicable reports required under the provisions of this Agreement and in
accordance with current Federal and State laws, rules, and regulations.
16. NYSDOT Performance Review. NYSDOT may review the Municipality's/Sponsor's performance
of this Agreement in such manner and at such times as NYSDOT shall determine, and such review may
include field visits by NYSDOT representatives to the Project and/or the offices of Municipality/Sponsor.
Municipality/Sponsor shall at all times make available its employees, records and facilities to authorized
NYSDOT representatives in connection with any such review. Such review shall be for the purpose,
among other things, of ascertaining the quality and quantity of Municipality's/Sponsor's performance of
the Project, its use'and operation.
17. Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate
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MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
supporting documentation of eligible local expenditures as required by this Agreement, NYSDOT and the
State Comptroller. Following NYSDOT approval of such supporting documentation, payment for invoices
submitted by the Municipality/Sponsor shall only be rendered electronically unless payment by paper
check is expressly authorized by the Commissioner, in the Commissioner's sole discretion, due to
extenuating circumstances. Such electronic payment shall be made in accordance with ordinary State
procedures and practices. The Municipality/Sponsor shall comply with the OSC's procedures for all
applicable State Aid to authorize electronic payments. Authorization forms are available on the New York
State Comptroller's website at
www.osc.state.nV.us/epav/index.htm or by email at epunitCCD_osc.state.ny.us.
18. Compliance with Legal Requirements. Municipality/Sponsor must comply with all applicable
federal, state and local laws, rules and regulations, including but not limited to the following:
18.1 New York State Executive Law Article 15-A, Participation by Minority Group members and
Women with Respect to State Contracts, including requirements relating to equal employment
opportunity, and utilization goals and contracting opportunities for minority and women-owned
business enterprises, without additional cost to NYSDOT.
18.1.1 EEO Policy Statement. Pursuant to 5 NYCRR §143.2, a Municipality/Sponsor shall
adopt an EEO policy if one is not previously adopted, as provided in Appendix B, and submit to
NYSDOT a signed copy of Appendix B.
18.1.2 Minority-owned and Women-owned Business Enterprise (M/WBE) Goals.
Municipality/Sponsor must comply with all M/WBE requirements and goals stated within the
provisions of Appendix B, titled, "Minority and Women-owned Business Enterprises — Equal
Employment Opportunity Policy Statement".
18.1.3 M/WBE Guidance. Refer to the New York State Department of Transportation website
and Appendix B for guidance related to M/WBE goals at
www.dot.ny.qov/main/business-center/civil-rights/.
Assigned M/WBE goals must be included in the Municipality's/Sponsor's proposed contract
documents when submitted for NYSDOT approval prior to project advertisement. Any requests
for a reduction or waiver of the goals must be submitted at that time so that the correct goals are
included in the project advertisement.
18.1.4 Good Faith Efforts. If a Municipality/Sponsor fails to meet the M/WBE requirements set
forth in Appendix B, they must demonstrate Good Faith Efforts pursuant to 5 NYCRR §142.8.
18.1.5 M/WBE Compliance Reports. The Municipality/Sponsor shall require their consultants
and contractors to submit electronic, monthly M/WBE compliance reports via NYSDOT's Civil
Rights Reporting Software, Equitable Business Enterprise (EBO), on or before the I Ot' day of the
immediately preceding month. The Municipality/Sponsor must apply for access to EBO at the
following website: www.dot.ny.gov/dotapp/ebo.
18.1.6 Failure to Comply. If the Sponsor fails to monitor and administer contracts in
accordance with State requirements, the Sponsor will not be reimbursed for associated activities
within the affected contracts. The Sponsor must ensure that any contract it awards under this
Agreement has a Minority-owned and Women-owned Business Enterprise (MMBE) Utilization
Plan and complies with such plan. If, without prior written approval by NYSDOT, the Sponsor's
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MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
contractors and subcontractors fail to complete work for the project as proposed in the M/WBE
Schedule of Utilization, NYSDOT at its discretion may (1) cancel, terminate or suspend this
Agreement or such portion of this Agreement, or (2) assess liquidated damages in an amount of
up to 20% of the portion of the Sponsor's contracts and subcontracts, funded in whole or in part
by this Agreement, to which contract goals are established in accordance with NYSDOT
guidance.
18.1.7 Equal Employment Opportunity (EEO) Requirements. EEO goals (as provided in the
"Local Projects Manual"), EEO Policy Statement (as provided in "Appendix B — MNVBE and EEO
Policy Statements") and specifications (as provided in NYSDOT's Standard Specifications §102-
11 Equal Employment Opportunity Requirements) must be included in the contract documents
and project advertisement.
www.dot.ny..qov/main/business-center/engineerinq/specifications/updated-standard-
specifications-us
18.1.8 EEO Monitoring and Reporting. EEO participation shall be monitored by the
Municipal ity/Sponsor as the project progresses. EEO participation shall be reported by the
contractor through NYSDOT's civil rights reporting software, EBO.
18.2 New York State Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy
Act, including providing true, timely and accurate information relating to the project to ensure compliance
with the Act, accessible at www.dot.ny.qov/programs/smart-planninq/smartgrowth-law.
19. Compliance with Procedural Requirements. The Municipality/Sponsor understands that funding is
contingent upon the Municipality's/Sponsor's compliance with the requirements stated in the applicable
BridgeNY—Notice of Funding Availability and guidance connected thereto.
Locally-administered Bridge NY transportation projects shall be constructed in accordance with the
current version of NYSDOT Standard Specifications and NYSDOT-approved Special Specifications.
(Cities with a population of 3 million or more may pursue approval of their own construction specifications
and procedures on a project by project basis).
20. Extended Records Retention Requirements.
20.1 To ensure that NYSDOT meets certain strict requirements under the 26 CFR Part 1.150-
2(d)(2)(i) - (d)(2)(iii) and to ensure that NYSDOT may authorize the use of funds for this project,
the Sponsor must retain the following documents in connection with the Projects:
a. Documents evidencing the specific assets financed with such proceeds, including but not
limited to project costs, and documents evidencing the use and ownership of the property
constructed, improved, or related to this Agreement, as provide in Schedule B; and
b. Documents, if any, evidencing the sale or other disposition of the financed property.
20.2 Notwithstanding any other provision of this contract to the contrary, the Sponsor
covenants to retain those records described above, for thirty-six (36) years per the 26 CFR Part
1.1 50-2(d)(2)(i) - (d)(2)(iii) after the date of NYSDOT's final payment of the eligible project cost(s).
20.3 Failure to maintain such records in a manner that ensures complete access thereto, for
the period described above, shall constitute a material breach of the contract and may, at the
discretion of NYSDOT, result in loss of funds allocated, or the Sponsor's repayment of funds
distributed, to the Sponsor under this Agreement.
8
Press F1 to see instructions in blank fields BridgeNY Culvert Local Project Agreement(02/19)
MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
21. Notice Requirements.
21.1 All notices permitted or required hereunder shall be in writing and shall be transmitted:
(a) Via certified or registered United States mail, return receipt requested;
(b) By personal delivery;
(c) By expedited delivery service; or
(d) By e-mail; or
(e) By facsimile transmission.
21.2 For all Bridge NY Culvert Local Project Agreement purposes, such notices shall be
addressed by the Municipality/Sponsor to the officially designated Regional Local Project
Liaison (RLPL) and, by NYSDOT, to the officially designated . Primary
Municipality/Sponsor's Contact, or to such different parties and addresses as the parties
from time-to-time mutually agree to designate. The parties herein agree to exchange such
contact information above which shall include Organization Name, Individual Name &
Title, Mailing address, Telephone number and E-mail address as noted below.
21.3 Any such notice shall be deemed to have been given either at the time of personal
delivery or, in the case of expedited delivery service or certified or registered United States
Mail, as of the date of first attempted delivery at the address and in the manner provided
herein, or email, upon receipt.
21.4 The parties may, from time to time, specify any new or different address in the United
States as their address for purpose of receiving notice under this Agreement by giving
fifteen (15) days written notice to the other party sent in accordance herewith. The parties
agree to mutually designate individuals as their respective representatives for the
purposes of receiving notices under this Agreement. Additional individuals may be
designated in writing by the parties for purposes of implementation and
administration/billing, resolving issues and problems and/or for dispute resolution.
Such notices shall be addressed as follows or to such different addresses as the parties may from time-
to-time designate:
New York State Department of Transportation (NYSDOT)
Name: Lorenzo DiStefano, P.E.
Title: Regional Local Proiect Liaison, Region One
Address: 50 Wolf Road, Suite I S50, Albany, NY 12232
Telephone Number: (518) 485-1715
E-Mail Address: Lorenzo.DiStefano(a-).dot.nV.qov
Municipality/Sponsor: Town of Queensbury
Name: John Strough
Title: Town Supervisor
Address: Town of Queensbury, 742 Bay Road, Queensbury, New York 12804
Telephone Number: 518-761-8229
E-Mail Address: iohns(a)-gueensbury.net
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
9
Press F1 to see instructions in blank fields BridgeNY Culvert Local Project Agreement(02/19)
MUNICIPALITY/SPONSOR: 1762.11
PROJECT ID NUMBER: D040667
PHASE: PER SCHEDULES A
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officials as of the date first above written.
MUNICIPALITY/SPONSOR: MUNICIPALITY/SPONSOR ATTORNEY:
By: By:
Print Name: Print Name:
Title:
STATE OF NEW YORK
ss.:
COUNTY OF WARREN
On this day of 20 before me personally came
to me known, who, being by me duly sworn did depose
and say that he/she resides at ; that he/she is the
of the Municipal/Sponsor Corporation described in and which
executed the above instrument; (except New York City) that it was executed by order of the
of said Municipal/Sponsor Corporation pursuant to a resolution which
was duly adopted on and which a certified copy is attached and made a part
hereof; and that he/she signed his name thereto by like order.
APPROVED FOR NYSDOT: APPROVED AS TO FORM:
STATE OF NEW YORK ATTORNEY GENERAL
By:
For Commissioner of Transportation By:
Assistant Attorney General
Agency Certification: In addition to the
acceptance of this contract I also certify that COMPTROLLER'S APPROVAL:
original copies of this signature page will be
attached to all other exact copies of this contract.
Date: By:
For the New York State Comptroller
Pursuant to State Finance Law §112
Notary Public
10
RESOLUTION AUTHORIZING ACCEPTANCE OF 2021 BRIDGE NY
GRANT FUNDS FROM NEW YORK STATE DEPARTMENT OF
TRANSPORTATION FOR LUZERNE ROAD CULVERT PROJECT AND
ESTABLISHMENT OF CAPITAL PROJECT FUND NO.: 242
RESOLUTION NO.: 65,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Harrison Freer
WHEREAS, by Resolution No.: 153, 2021, the Queensbury Town Board authorized
engagement of C.T. Male Associates for preparation of a 2021 New York State Department of
Transportation(NYS DOT) Bridge NY Grant Funding Application regarding a culvert replacement
project on Luzerne Road at Clendon Brook in the Town of Queensbury(Project),and
WHEREAS,NYS DOT has notified the Town that the Town has been awarded $839,212
in such grant funds for this Project, and
WHEREAS, the Town Board wishes to accept these grant funds, establish the Luzerne
Road Culvert Capital Project No. 242 and establish and fund the Revenue and Expense Accounts
in the total amount of$839,212, and
WHEREAS, the Town Board wishes to also authorize a temporary loan from Capital
Reserve Fund No. 64 up to $839,212 until such time as such grant funds are received,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the acceptance of
$839,212 in New York State Department of Transportation (NYS DOT) Bridge NY Grant Funds
from NYS DOT,and
BE IT FURTHER,
RESOLVED, that the Town Board further establishes the Luzerne Road Culvert Capital
Project No. 242 in the amount of$839,212 and authorizes and directs the establishment of the
following accounts for such appropriations and revenues as necessary:
• Revenue Acct No.—242-0000-53597 (State Aid Transportation) -$839,212;
• Expense Acct No. —242-8540-2899 (Capital Construction) - $839,212;
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes a temporary loan from the Capital
Reserve Fund#64 up to$839,212 until such time as grant funds are received,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer
to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any
documentation necessary to establish such appropriations and estimated revenues, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any needed grant agreement in form acceptable to the Town Supervisor, Town Budget Officer
and/or Town Counsel, as well as any other associated documentation, and the Town Supervisor,
Town Highway Superintendent, Town Counsel and/or Town Budget Officer to take such other and
further action necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
Duly adopted this 24 h day of January,2022, by the following vote:
AYES: Mr. Metivier, Mr. Freer,Mr. Ferone,Mr. McNulty, Mr. Strough
NOES:None
ABSENT:None