HomeMy WebLinkAbout14-0729ss0
COMMON COUNCIL
CITY HALL — BUFFALO
SPECIAL SESSION
July 29, 2014
at 3:00 P.M.
PRESENT : Darius G. Pridgen President of the Council, and Council Members
Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith Wyatt- 9.
ABSENT None.
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CITY OF BUFFALO
July 29, 2014
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of
Five Councilmembers, dated July 29, 2014 presented to you herewith, I hereby call a
Special Meeting of the Common Council,to be held in the Council Chambers, City Hall,
Buffalo, New York, on July 29, 2014 at 3:00 P.M. for the following purpose:
To receive and take appropriate action on :
Peace Bridge Project Agreement NY Gateway Connection
1435 Hertel Ave Erect Open Balcony
Waiver of Fees -- "Eid at the Park"
Waiver of Fees - Seneca Nation Buffalo Resource Center Summer Camp
191 Allen Create an Additional Patio Area
Ord Amend 175 Fees Building Permits
Ord Amend Ch 175 Fees Streets & Sidewalks
Ord Amend Ch 175 Fees Towing $ Storage
222Genesee St Retail Store
Ord Amend Ch 387 Signs
Yours very truly,
C
Darius G. Pridgen (/
President of the Council
0
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo,
each of the following named members of the Common Council, to wit:
RICHARD A. FONTANA
JOSEPH GOLOMBEK
DAVID RIVERA
DEMONE SMITH
DAVID FRANCZYK
MICHAEL LOCURTO
CHRISTOPHER SCANLON
RASHEED N.C. WYATT
hereby agrees that twenty -four (24) hours' notice be waived of the time and purpose of
the Special Meeting of the Common Council duly called to be held on July 29, 2014 at
3:00 P.M.
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
appeared
On this 29th day of July 2014, before me, the subscribers, personally
To me known to be the same persons described in and who executed the foregoing
instrument, and they duly and severally acknowledged to me that they executed the same.
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
My Commission expires 12/31/14
GERALD A. CHWALINSKI
City Clerk
Registrar of Vital Statistics
OFFICE OF THE CITY CLERK
MARY H. BALDWIN
Deputy City Clerk
1
65 NIAGARA SQUARE
ROOM 1308 CITY HALL
BUFFALO, NEW YORK 14202
PHONE: (716) 851 -5431
FAX: (716) 851 -4845
MILLY CASTRO
Deputy City Clerk Vital Statistics
Deputy Registrar of Vital Statistics
July 29, 2014
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of
the City of Buffalo, upon the written request of Five Councilmembers, dated July 29,
2014, DARIUS G.PRIDGEN, President of the Common Council, has called a Special
Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo,
New York, on July 29, 2014 at 3:00 F.M. for the following purpose:
To receive and take appropriate action on all items relating to
Peace Bridge Plaza Project Agreement NY Gateway Connection
1435 Hertel Ave. Erect Open Balcony
191 Allen Create Additional Patio Area
2222 Genesee St — Retail Store
Waiver of Fees — "Eid at the Park"
Waiver of Fees — Seneca Nation Buffalo Resource Center Summer Camp
Ord Amend Ch 175 Fees — Building Permits
Ord Amend Ch 175 Fees — Streets & Sidewalks
Ord Amend Ch 175 Fees — Towing & Storage
Ord Amend Ch 387 Signs
Yours very truly,
Gerald A. Chwalinski
LP
July 29, 2014
Hon. Darius G. Pridgen
President Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that you
call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of
the City of Buffalo, and waive the 24 hour notice for the following purpose:
To receive and take appropriate action on
Peace Bridge Plaza Project Agreement NY Gateway Connection
1435 Hertel Ave Erect Open Balcony
Waiver of Fees — "Eid at the Park"
Waiver of Fees — Seneca Nation Buffalo Resource Center Summer Camp
191 Allen Create an Additional Patio Area
Ord Amend Ch 175 Fees .Building Permits
Ord Amend Ch 175 Fees Streets & Sidewalks
Ord Amend Ch 175 Fees Towing & Storage
2222 Genesee St retail Store
Ord Amend Ch 387 Signs
We request that thi$ S*cial Meeting be held on July 29, 2014 at 3:00 PM
1 ,
City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 2 PASSED July 29, 2014
Peace Bridge Plaza Project Agreement NY Gateway Connection
Gerald A Chwalinski
City Clerk
j
y
I AUG 042014
e�
#1 (Rev. 1/93) 0"
SINGLE PAGE COMMUNICATION TO THE COMMON COUNCIL
TO: THE COMMON COUNCIL DATE; July 18, 2014
FROM: DEPARTMENT: Public Works, Parks and Streets
DIVISION: Engineering
SUBJECT: [Peace Bridge Plaza Project Resolution, Permission to enter into Betterment
[Project Agreements with NYSDOT, Agreement for Advance Payments with
[ NYSDOT, and other related Agreements in connection with
[The NY Gateway Connection to Peace Bridge Plaza Project
[Niagara District
PRIOR COUNCIL REFERENCE: (IF ANY)
Ex. Item No. , C.C.P.
1. Your Honorable Body is hereby requested to authorize payment of up to $456,991 for betterments as
described in the attached resolution and your Honorable Body is also asked to pass the attached
resolution all in connection with the City of Buffalo's local share obligation of up to $456,991 in
connection with the NY Gateway Connection Improvements to the U.S. Peace Bridge Plaza Project.
2. Permission is also requested from Your Honorable Body to authorize the Mayor and or the
Commissioner of Public Works, Parks, and Streets as appropriate to enter into:
a. A Betterment Project Agreement in form and substance substantially similar to the attached
Betterment Project Agreement subject only to such City related approvals and clarification as are
required or recommended by the City's Law Department and DPW personnel.
b. Agreements for Advance Payment, aggregate total $431,925, with respect to pending NYSDOT
"takings" of temporary easements, permanent easements, and fee interests in City of Buffalo owned
properties in and around the Peace Bridge Plaza project area all as described in the attached
communication. from the NYSDOT Office of Right of Way.
3. Permission is also requested from Your Honorable Body to authorize the Mayor and or the
Commissioner of Public Works, Parks, and Streets as appropriate to enter into any and all agreements
and take all steps necessary to accomplish all of the forgoing and related measures.
Actual effectuation by DPW of the components of the Resolution, City execution of the Betterment Proje
Agreement and City execution of the Agreements for Advance Payment *11 be subject in each case to any and
all other City related clarifications, approvals and requirements being in place.
DEPARTMENT HEAD NAME: Steven Stepniak
TITLE: Commissioner of Public Works, Parks, & Streets
PASSED
SIGNATURE OF DEPARTMENT HEAD: ,
RESOLUTION BY THE
City of Buffalo, Erie County
for Incorporating Municipal Work
Resolution #
A resolution authorizing the State of New York to incorporate the construction of:
Porter Avenue Bridge over 1 -190
(Work included in the betterment: Pavement Surface including structural deck and approach slabs; Curb and
Sidewalk; Lighting; Bridge Railing; Texas Barrier; and Protective Fencing)
And
Replacement of Light Standards on Porter Avenue from Lakeview Avenue to Busti Avenue
for the City of Buffalo in the contract for the construction of:
NY Gateway Connections Improvement Project to the Peace Bridge Plaza
City of Buffalo, Erie County
WHEREAS; Section 10, Subdivision 27 of the New York Highway Law provides, in part, that the Commissioner
of Transportation shall have power, upon the request of the municipality, to perform work for and at the expense
of such municipality, any work of construction or reconstruction, including the removal and relocation. of
facilities, provided the Commissioner of Transportation deems it practicable to perform such work in connection
with the performance of any work of construction, reconstruction, or improvement; and
WHEREAS, the State of New York is presently preparing contract plans for the construction, of NY Gateway
Connections Improvement Project to the Peace Bridge Plaza, which involves construction on Porter Avenue along
which the City of Buffalo seeks the betterment involving Pavement Surface including structural deck and
approach slabs; Curb and Sidewalk; Lighting; Bridge Railing; Texas Barrier; and Protective Fencing on Porter
Avenue Bridge Over 1 -190 and replacement of light fixtures from Lakeview Avenue to Busti Avenue and
WHEREAS, said improvement can be undertaken in conjunction with the construction of the aforesaid project at
a substantial ultimate savings to the City of Buffalo, now therefore be it
RESOLVED that the City of Buffalo in regular meeting convened, petitions the New York State Department of
Transportation (NYSDOT) as follows:
Petition I. The Council has been provided with a Betterment Estimate for the municipal share to NYSDOT
construction contract, understands that the City of Buffalo will be responsible for; the actual construction cost
based on bid prices, the cost of field. changes during construction, and a prorated share of the construction
inspection costs. The Council will actively seek funding in the amount of $456,971 to fund the City of Buffalo
Betterment Share which includes $428,668 for the City of Buffalo's share of the Porter Ave bridge replacement,
and $28,303 for the Porter Ave lighting improvements that were requested by the City of Buffalo. The Council
understands that these funds, which represent the initial deposit for the requested work, must be deposited in
escrow with the State Comptroller at least 45 days in advance of the scheduled contract letting date in order for the
project to proceed. The Council also understands that these funds will be appropriated via a future resolution.
In consideration of these facts, the State of New York is hereby authorized to proceed with the necessary
arrangements to incorporate the proposed betterment in the contract for the construction, of NY Gateway
Connections Improvement Project to the Peace Bridge Plaza with the cost of said construction and necessary work
in connection therewith to be borne by the City of Buffalo.
Petition 2. The City of Buffalo will maintain said Betterment elements subsequent to the construction thereof.
Petition 3. This resolution shall take effect immediately.
BE IT. FURTHER RESOLVED that the clerk of this Council is hereby directed to transmit five (5) certified
copies of this resolution to NYSDOT.
q
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MUNICIPALITY /SPONSOR: City of Buffalo
PROJECT ID NUMBER 5.760 $' BIN: 5512560
CI=DA NUMBER: 20.205
PHASE: PER SCHEDULES A
Betterment Project Agreement
COMPTROLLERS CONTRACT NO
This Agreement, effective this / ., / ;, between:
the New York State Department of Transportation ( "NYSDOT "), having its principal. office at
50 Wolf Road, Albany, NY 12232, on behalf of New York State ( "State ");
and,
the City of Buffalo, (the "Municipality /Sponsor ")
acting by and through the Mayor of the City of Buffalo
with its office -at Buffalo City Hall, 65 Niagara Square, Buffalo, NY 14202.
WITNESSETH:
WHEREAS, pursuant to Highway Law §10(27) the Commissioner of Transportation may
(the "Commissioner "), upon the request of a Municipality /Sponsor, perform for and at the
expense of such Municipality/Sponsor, any work of construction or reconstruction, including the
removal and relocation of facilities, provided the Commissioner deems it practicable to perform
such work for such municipality /Sponsor in connection the performance of any work of
construction, reconstruction or improvement under the Highway Law; and
WHEREAS, pursuant to Highway Law §10(27) the Municipality/Sponsor has requested
NYSDOT to perform a betterment described in Schedule A annexed to this Agreement (the
"Betterment" or the "Project" hereunder) in connection with the mitigation of the traffic impacts
of a Municipality/Sponsor approved development known as the U @arc 1#g P1a owned
by,;'-t$�a Zp1ePu$1�aBdg Authority (PBA} (the "Company "); and
WHEREAS, there is a substantial public interest in and benefit to the performance of the
Betterment, which will be part of the City of Bttffl highway system and will mitigate or
improve traffic or safety conditions for the general public; and
WHEREAS, NYSDOT has estimated the cost of the requested Betterment work to the
Municipality /Sponsor; and
WHEREAS, in connection with this Agreement and no later than NYSDOT's award of
contracts inclusive of the work contemplated by this agreement, the Municipality/Sponsor shall
deposit with the State Comptroller, subject to the draft or requisition of the Commissioner, the
amount of the such cost estimate in a manner set forth in this Agreement, to be expended on
the costs of the project so requested and approved; and
WHEREAS, the Legislative body of the Municipality/Sponsor by Resolution xxxX
approved the Municipality's/Sponsor's entry into this Agreement (a copy of such Resolution is
attached to this Agreement).
Press F1 to see instructions in blank fields
Betterment Project Agreement (02114)
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the parties agree as follows:
ARTICLE 1: DOCUMENTS FORMING THIS AGREEMENT
Documents Forming this Agreement. This agreement consists of the following:
$ Agreement Form - this document titled "Betterment Project Agreement ";
$ Schedule "A" - Description of Project, funding and deposit requirements;
$ Schedule "B" - Phases, SubphaselTasks, and Allocation of Responsibility
$ Appendix "A" - New York State Required Contract Provisions
$ Appendix "A -1"- Supplemental Title VI Provisions (Civil Rights Act)
$ Appendix "B" — U.S. Government Requirements (Only required for agreements with
federal funding)
$ Municipal /Sponsor Resolution(s). - duly adopted municipal resolution(s) authorizing
Agreement on behalf of the Municipality.
ARTICLE 2: PROJECT; MUNICIPAL /SPONSOR DEPOSIT
2.1 NYSDOT will construct or cause to be constructed the Betterment work described in
Schedule A annexed hereto in accordance with plans and specifications related thereto, as they
may be amended or revised, and subject to such change orders as may be approved by
NYSDOT in connection with its administration of the work and other work under the contract or
contracts to be awarded by NYSDOT for or relating to the work under this Agreement.
2.2 The Municipality/Sponsor will deposit with the State Comptroller in a project escrow
account the full amount of the estimate for the cost of the Betterment as described in Schedule
A for payments by the Comptroller on account of Project costs and the reimbursement to the
municipality /sponsor of any excess amount of such deposit after project close out.
2.3 Monies in the project account shall be paid on account of Betterment costs on the
warrant of the State Comptroller on vouchers or requisitions approved by the Commissioner.
2.4 Upon completion and payment of the Betterment contemplated herein the Commissioner
shall determine the costs thereof to be borne by the Municipality/Sponsor, and any excess of
the deposit shall be paid to the MunicipalitylSponsor on the warrant of the State Comptroller on
vouchers approved by the Commissioner; and, in the event such costs exceed the amount of
the deposit, the Municipality/Sponsor shall within 90 days of the receipt of notice from the
Commissioner pay the amount of such deficiency to the State Comptroller.
2.5 The Municipality's /Sponsor's performance of its obligations hereunder is to be financed
from (check applicable source or sources if the municipal deposit is financed thereby):
❑ the proceeds of one or more loans from that the Municipality/Sponsor
represents have been committed as evidenced by the commitment letters annexed
hereto. The MunicipalitylSponsor pledges proceeds of such loans to the performance of
its obligations hereunder in amount sufficient to pay for Betterment costs hereunder;
❑ from amounts deposited by (the Company) with the Municipality/Sponsor into a
segregated account solely for the purpose of financing Betterment costs, pursuant to the
Municipal ity'slSponsor's resolution establishing such account and providing for
expenditures therefrom for such purpose;
K
Press F1 to see instructions in blank fields Betterment Project Agreement (02194)
by an irrevocable letter of credit, bond or other security (annexed hereto) acceptable
to NYSDOT in the full amount of estimated Project Costs per Schedule A, solely for the --
purpose of paying Betterment costs and providing for expenditures therefrom or sight
drafts thereon by NYSDOT negotiable through and acceptable to the State's depository
bank for such purpose; or
❑ from an escrow established pursuant to a written escrow agreement between the
Municipality /Sponsor and the Company solely for the purpose of financing Betterment
costs, pursuant to the Municipality's /Sponsor's resolution authorizing such escrow
Agreement and providing for expenditures therefrom for such purpose.
ARTICLE 3:.PROJECT RESPONSIBILITIES
3.1 General Description of Work. The work of the Project consists generally of preliminary
engineering and/or right -of -way incidental and /or right -of -way acquisition work and/or
construction and/or construction supervision and inspection generally described below and
contained in the work program attached hereto as Schedule B, and any additions or deletions
made thereto by NYSDOT subsequent to the execution of this Agreement for the purposes of
conforming to New York State requirements. Schedule B identifies the patty responsible for the
tasks associated with the work of the Project.
3.2 Design and Construction. The Project shall be designed and constructed in accordance
with NYSDOT standards and specifications and subject to NYSDOT approval. Design shall be
under the supervision of a professional engineer or architect licensed in this State. Construction
shall be under the supervision of a professional engineer or architect or other professional as
agreed to by NYSDOT. All improvements undertaken pursuant to this Agreement will be
designed, with normal maintenance, to render any bridge provided or improved hereunder
structurally sound for a minimum period of 30 years, and any highway provided or improved
hereunder structurally sound for a minimum period of 20 years, and any appurtenances
provided or improved hereunder structurally sound for a minimum period of 10 years.
3.3 Access, Control, Operation, Maintenance and Reconstruction of Project. The party
responsible for the performance of the work pursuant to Schedule B shall have such access to
and control of the right of way related to the Project as it may require for the performance of any
of its work of the Project. The party with responsibility for construction in accordance with
Schedule B shall provide for the maintenance of such construction phase Project at all times
during such construction phase, until final acceptance thereof by NYSDOT. Thereafter, the City
ofB� shall be responsible for maintenance of the Betterment.
ARTICLE 4: MANNER OF PERFORMING WORK
4.1 Performing Work. NYSDOT shall accomplish the work of the Betterment either with its
own forces or by contract let in accordance with applicable law. NYSDOT may contract with any
person, firm, corporation or agency, either governmental or private, to accomplish the
Betterment, in accordance with applicable law.
4.2 Plans and Specifications. The contract plans and specifications prepared in connection
with the Betterment shall be stamped with the seal of a professional engineer or architect
licensed in the State and shall be signed by such professional engineer or architect. All plans,
specifications and estimates in connection therewith must be submitted to and approved by
NYSDOT before .any construction is initiated, but field surveys, mapping and the preparation of
any other reports or documents as required may take place prior to such approval of plans,
specifications and estimates. Approval of plans, specifications, estimates, contracts and - change
3
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orders, as applicable, should not be construed as confirmation of the appropriateness of every
project engineering decision or technical detail represented thereby or contained therein, which
are and remain the responsibility of the professional engineer or architect.
4.3 Public Use. The Betterment constructed or improved pursuant to this Agreement will be
available at all times for use by the public and no signs or physical barriers to the contrary shall
be erected by the Municipality/Sponsor (or the Company).
4.4 Design and Construction Standards. NYSDOT shall design and construct the
Betterment, or cause it to be designed and constructed, in accordance with NYSDOT standards,
and specifications under the supervision of a professional engineer licensed in this State.
4.5 State Access. Construction contracts shall permit and require that contractors permit the
NYSDOT to inspect the projects and work sites at any time deemed necessary by NYSDOT.
ARTICLE 5: ASSIGNMENT
5.1 Other than contracting for the performance of its responsibilities as contemplated herein,
the Municipality/Sponsor covenants agrees not to. assign, transfer, sublet or otherwise dispose
of this Agreement or any part thereof, or any of its right, title or interest therein, or its power to
execute this Agreement without the prior written consent of the Commissioner of Transportation.
ARTICLE 6: REMEDIES
6.1 In the event that NYSDOT fails to commence the Betterment in accordance with the
development timetable identified in Schedule A the Municipality/Sponsor may, with the consent
of NYSDOT, elect to proceed with the Project and , if required, pursuant to a NYSDOT Highway
Work Permit issued under Highway Law §52. In that event:
(a) Upon the draft or requisition of NYSDOT the deposit, net of any amount required
to fund Betterment - related costs for work commenced or performed hereunder (including
and closeout costs to conclude or transfer performance of the Betterment to the
Municipality/Sponsor (or the Company), shall be returned to the MunicipalitylSponsor or,
at the Municipality's /Sponsor's direction, to the Company for the funding of the
Betterment pursuant (for a State Highway System project) to such Highway Work
Permit; and
(b) This Agreement shall be of no further force or effect except as to Betterment -
related work initiated or performed hereunder to such point or required to close out or
transfer to the Municipality/Sponsor (or the Company) the work so initiated.
6.2 In the event that NYSDOT delays, does not proceed with or suspends construction of
the Betterment for any reason whatsoever either within or outside its control, the
Municipality's /Sponsor's sole remedy or recourse shall be as described in section 6.1 hereof.
NYSDOT's decision, action or inaction that results in such delay, deferral or suspension shall
not be deemed a breach of this Agreement'and shall not be actionable for any reason or under
any circumstances.
ARTICLE 7: TERM OF AGREEMENT; EARLY TERMINATION
7.1 Term of Agreement. As to the Project and phase(s) described in Schedule(s) A executed
herewith, this Agreement takes effect as of the date of this Agreement as first above written.
This Agreement takes effect as to the Project and phases(s) established in any duly executed
and approved supplementaF Schedule (Ej A as of the date of such supplemental Schedule(srA.
4
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This Agreement shall remain in effect until final project closeout, or earlier termination of this
Agreement in accordance with its terms.
7.2 Suspension or Termination.
7.2.9 For Convenience of. NYSDOT. NYSDOT may without cause and for its
convenience upon not less than seven (7) days written notice to the
Municipality /Sponsor suspend NYSDOT's performance under this Agreement or
terminate this Agreement.
7.2.2 For Cause. NYSDOT may terminate this Agreement by written notice to the
Municipality/Sponsor if, before Project completion, the Municipality/Sponsor discontinues
its funding or any work required of it hereunder or if, for any reason, the commencement,
prosecution or timely provision of the Project is rendered improbable, impossible, illegal.
7.3 Force Majeure. The obligations of the parties hereunder shall be subject to force majeure
(which shall include riots, floods, accidents, acts of God and other causes or circumstances
beyond the control of the party claiming such force majeure as an excuse for non - performance)
but only so long as, and to the extent that, such force majeure shall prevent the performance of
the obligation or portion thereof so affected.
7.4 Notices. Any notice, request, instruction or other document deemed by either party to be
necessary or desirable to be given to the other party shall be in writing, and may be given by
personal delivery to a representative of the parties, or by mailing the same by registered or
certified mail, postage prepaid, or by prepaid express courier to the address first mentioned
above.
ARTICLE 8: ADDITIONAL PROVISIONS
8.1 Provisions required by law as contained in Appendix A; Appendix A -1 and Appendix
2 are attached hereto and made a part hereof as if fully set forth herein.
8.2 Independent Contractor. For the purposes of this Agreement, the officers and employees
of the Parties, in accordance with their status as separate units of government, 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 each other 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 other Party, including, but not limited to,
Workers Compensation coverage, Unemployment Insurance benefits, Social Security or
Retirement membership or credit.
8.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties and
shall not be amended, altered or changed except in writing, duly executed and approve
9. Notice Requirements.
All notices permitted or required hereunder shall be in writing and shall be transmitted
either:
(a) Via certified or registered United States mail, return receipt requested;
(b) By facsimile transmission;
(c) By personal delivery;
(d) By expedited delivery service; or
�... (e) By e- mail..
5
1�
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Such notices shall be address as follows or to such different addresses as the parties may from
time -to -time designate:
E -Mail Address:
l]jOo Chrtstopher @dot
Name:
Title:
Address:
Telephone Number:71C = 3 4
Facsimile Number: 76 841 35
Municipality/Sponsor City of Buffalo
Name: 1 yro,
Title: Mayo_ ��y�alo:
Address: Buffalo City Hall, 65 Niagara Square, Room 201, Buffalo, NY 14202
Telephone Number: 716 - 851 - 4841
Facsimile Number: 716 -851 - 4360
E -Mail Address: Mayor @city- buffalo.com
2. Any such notice shall be deemed to have been given either at the time of personal
delivery or, in the case of expedited delivery service or certified or registered United
States Mail, as of the date of first attempted delivery at the address and in the manner
provided herein, or in the case of facsimile transmission or email, upon receipt.
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 far
dispute resolution.
10. Electronic Contract Payments. Municipality /Sponsor shall provide complete and accurate
supporting documentation of eligible expenditures as required by this contract, 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 contracting Municipality /Sponsor
shall comply with the State Comptroller's procedures for all Federal and applicable State Aid to
authorize electronic payments. Authorization forms are available at the State Comptroller's
website at Office of State Comptroller, by email at epunit(iD-osc. state. nv.us or by telephone at
518- 457 -7717. When applicable to State reimbursement by the NYS Thruway, registration
forms and instructions can be found at the NYSDOT Local Programs website at Local Programs
Bureau The Municipality/Sponsor herein acknowledges that it will not receive payment on any
invoices submitted under this Contract agreement if it does not comply with the applicable State
Comptroller and/or NYS Thruway Authority's electronic payment procedures, except where the
Commissioner has expressly authorized payment by paper check as set forth above.
Ev
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MUNICIPALITY /SPONSOR: MUNICIPALITY /SPONSOR ATTORNEY:
By: B
Print Name: Print Name:
Title:
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duty
authorized officials as of the date first above written.
STATE OF NEW YORK )
)ss.:
COUNTY OF ERIE )
On this day of 20_ before me personally
carne 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
7
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By: By:
For Commissioner of Transportation Assistant Attorney General
Agency Certification: In addition to the COMPTROLLER'S APPROVAL;
acceptance of this contract I also certify that
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 1 112
Notary Public
0
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
PLEASE RETAIN THIS DOCUMENT
FOR FUTURE REFERENCE.
January 2014
STANDARD 01AUSES FOR WS COATRACiS 1
A!lENRR[A
TABLE OF CONTENTS
1. Executory Clause
2. Non - Assignment Clause
3. Comptroller's Approval
4. Workers' Compensation Benefits
5. Non - Discrimination Requirements
6. Wage and Hours Provisions
7. Non- Collusive Bidding Certification
8. International Boycott Prohibition
9. Set -Off Rights
10. Records
11. Identifying Information and Privacy Notification
12. Equal Employment Opportunities For Minorities and Women
13. Conflicting Terms
14. Governing Law
15. Late Payment
16, No Arbitration
17. Service of Process
18. Prohibition on Purchase of Tropical Hardwoods
19. MacBride Fair Employment Principles
20. Omnibus Procurement Act of 1992
21. Reciprocity and Sanctions Provisions
22. Compliance with New York State Information Security Breach and Notification Act
23. Compliance with Consultant Disclosure Law
24. Procurement Lobbying
25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain
State Contractors, Affiliates and Subcontractors
26. Iran Divestment Act
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January 2014
.STAIIQARDOIA 98 FIRM CI BRAM 1LRUNIA 1�
STANDARD CLAUSES FOR NYS CONTRACTS
The parties to the attached contract, license, lease, amendment
or other agreement of any kind (hereinafter, "the contract" or
"this contract ") agree to be bound by the following clauses
which are hereby made a part of the contract (the word
"Contractor" herein refers to any party other than the State,
whether a contractor, licenser, licensee, lessor, lessee or any
other party):
1. EXECUTORY CLAUSE In accordance with Section 41
of the State Finance Law, the State shall have no liability
under this contract to the Contractor or to anyone else beyond
funds appropriated and available for this contract.
2. NON - ASSIGNMENT CLAUSE In accordance with
Section 138 of the State Finance Law, this contract may not be
assigned by the Contractor or its right, title or interest therein
assigned, transferred, conveyed, sublet or otherwise disposed
of without the State's previous written consent, and attempts
to do so are null and void. - Notwithstanding the foregoing,
such prior written consent of an assignment of a contract let
pursuant to Article XI of the State Finance Law may be
waived at the discretion of the contracting agency and with the
concurrence of the State Comptroller where the original
contract was subject to the State Comptroller's approval,
where the assignment is due to a reorganization, merger or
consolidation of the Contractor's business entity or enterprise.
The State retains its right to approve an assignment and to
require that any Contractor demonstrate its responsibility to do
business with the State. The Contractor may, however, assign
its right to receive payments without the State's prior written
consent unless this contract concerns Certificates of
Participation pursuant to Article 5 -A of the State Finance Law.
3. COMPTROLLER'S APPROVAL In accordance with
Section 112 of the State Finance Law (or, if this contract is
with the State University or City University of New York,
Section 355 or Section 621$ of the Education Law), if this
contract exceeds $50,000 (or the minimum thresholds agreed
to by the Office of the State Comptroller for certain S.U.N.Y.
and C.U.N.Y. contracts), or if this is an amendment for any
amount to a contract which, as so amended, exceeds said
statutory amount, or if, by this contract, the State agrees to
give something other than money when the value or
reasonably estimated value of such consideration exceeds
$10,000, it shall not be valid, effective or binding upon the
State until it has been approved by the State Comptroller and
filed in his office. Comptroller's approval of contracts let by
the Office of General Services is required when such contracts
exceed $85,000 (State Finance Law Section 163.6 -a).
However, such pre - approval shall not be required for any
contract established . as a centralized contract through the
Office of General Services or for a purchase order or other
transaction issued. under such centralized contract.
4. WORKERS' COMPENSATION BENEFITS In
accordance with Section 142= of the State Finance Law, this
contract shall be void and of no force and effect unless the
Contractor shall provide and maintain coverage during the Iife
of this contract for the benefit of such employees as are
required to be covered by the provisions of the Workers'
Compensation Law.
5. NON - DISCRIMINATION REQUIREMENTS To the
extent required by Article 15 of the Executive Law (also
known as the Human Rights Law) and all other State and
Federal statutory and constitutional non- discrimination
provisions, the Contractor will not discriminate against any
employee or applicant for employment because of race, creed,
color, sex (including gender identity or expression), national
origin, sexual orientation, military status, age,. disability,
predisposing genetic characteristics, marital status or domestic
violence victim status. Furthermore, in accordance with
Section 220 7-e of the Labor Law, if this is a contract for the
construction, alteration or repair of any public building or
public work or for the manufacture, sale or distribution of
materials, equipment or supplies, and to the extent that this
contract shall be performed within the State of New York,
Contractor agrees that neither it nor its subcontractors shall, by
reason of race, creed, color, disability, sex, or national origin:
(a) discriminate in hiring against any New York State citizen
who is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the
performance of work under this contract. If this is a building
service contract as defined in Section 230 of the Labor Law,
then, in accordance with Section 239 thereof, Contractor
agrees that neither it nor its subcontractors shall by reason of
race, creed, color, national origin, age, sex or disability: (a)
discriminate h hiring against any New York State citizen who
is qualified and available to perform the work; or (b)
discriminate against or intimidate any employee hired for the
performance of work under this contract. Contractor is subject
to flues of $50.00 per person per day for any violation of
Section 220 -e or Section 239 as well as possible termination
of this contract and forfeiture of all moneys due hereunder for
a second or subsequent violation.
6. WAGE AND HOURS PROVISIONS If this is a public
work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof, neither
Contractor`s employees nor the employees of its
subcontractors may be . required or permitted to work more
than the number of hours or days stated in said statutes, except
as otherwise provided in the Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State
Labor Department. Furthermore, Contractor and its
subcontractors must pay at least the prevailing wage rate and
pay or provide the prevailing supplements, including the
premium rates for overtime pay, as determined by the State
Labor Department in accordance with the Labor Law.
Additionally, effective April 28, 2008, if this is a public work
contract covered by Article 8 of the Labor Law, the Contractor
understands and agrees that the fling of payrolls in a manner
consistent with Subdivision 3 -a of Section. 220 of the Labor
Law shall be a condition precedent to payment by the State of
Page 3 January 2014
STANDARD CIADSES FOR M0 CONTRACTS ARENOIAA
any State approved sums due and owing for work done upon
the project.
7. NON - COLLUSIVE BIDDING CERTIFICATION In
accordance with Section 139 -d of the State Finance Law, if
this contract was awarded based upon the submission of bids,
Contractor affirms, under penalty of perjury, that its bid was
arrived at independently and without collusion aimed at
restricting competition. Contractor further affirms that, at the
time Contractor submitted its bid, an authorized and
responsible person executed and delivered to the State a non-
collusive bidding certification on Contractor's behalf.
S. INTERNATIONAL BOYCOTT PROHIBITION In
accordance with Section 220 -f of the Labor Law and Section
139 -h of the State Finance Law, if this contract exceeds
$5,000, the Contractor agrees, as a material condition of the
contract, that neither the Contractor nor any substantially
owned or affiliated person, firm, partnership or corporation
has participated, is participating, or shall participate in an
international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et
seq.) or regulations thereunder. If such Contractor, or any of
the aforesaid affiliates of Contractor, is convicted or is
otherwise found to have violated said laws or regulations upon
the final determination of the United States Commerce
Department or any other appropriate agency of the United
States subsequent to the contract's execution, such contract,
amendment or modification thereto shall be rendered forfeit
and void. The Contractor shall so notify the State Comptroller
within five (5) business days of such conviction, determination
or disposition of appeal (2NYCRR 105.4). .
9. SET -OFF RIGHTS The State shall have all of its
common law, equitable and statutory rights of set -off. These
rights shall include, but not be limited to, the State's option to
withhold for the purposes of set -off any moneys due to the
Contractor under this contract up to any amounts due and
owing to the State; with regard to this contract, any other
contract with any State department or agency, including any
contract for a term commencing prior to the term of this
.contract, plus any amounts due and owing to the State for any
other reason including, without limitation, tax ,delinquencies,
fee delinquencies or monetary penalties relative thereto. The
State shall exercise its set -off rights in accordance with normal
State practices including, in cases of set -off pursuant to an
audit, the finalization of such audit by the State agency, its
representatives, or the State Comptroller.
10. RECORDS The Contractor shall establish and maintain
complete and accurate books, records, documents, accounts
and other evidence directly pertinent to performance under
this contract (hereinafter, collectively, "the Records "). The
Records must be kept for the balance of the calendar year in
which they were made and for six (6) additional years
thereafter. The State Comptroller, the Attorney General and
any other . person or entity authorized to conduct an
examination, as well as the agency. or agencies inveived in this
contract, shall have access to the Records during normal
business hours at an office of the Contractor within the State
of New York or, if no such office is available, at a mutually
agreeable and reasonable venue within the State, for the term
specified above for tae purposes of inspection, auditing and
copying. The State shall take reasonable steps to protect from
public disclosure any of the Records which are exempt from
disclosure under Section 87 of the Public Officers Law (the
"Statute") provided that: (i) the Contractor shall timely inform
an appropriate State official, in writing, that said records
should not be disclosed; and (ii) said records shall be
sufficiently identified; and (iii) designation of said records as
exempt under the Statute is reasonable. Nothing contained
herein shall diminisb, or in any way adversely affect, the
State's right to discovery in any pending or future litigation.
11. IDENTIFYING INFORMATION AND PRIVACY
NOTIFICATION. (a) Identification Number(s). Every
invoice or New York State Claim for Payment submitted to a
New York State agency by a payee, for payment for the sale of
goods or services or for transactions (e.g., leases, easements,
licenses, etc.) related to real or personal property must include
the payee's identification number. The number is any or all of
the following: (i) the payee's Federal employer identification
number, (ii) the payee's Federal social security number, and/or
(iii) the payee's Vendor Identification Number assigned by the
Statewide Financial System. Failure to include such number
or numbers may delay payment. Where the payee does not
have such number or numbers, the payee, on its invoice or
Claim for Payment, must give the reason or reasons why the
payee does not have such number or numbers.
(b) Privacy Notification. (1) The authority to request the
above personal information from a seller of goods or services
or a lessor of real or personal property, and the authority to
maintain such information, is found in Section 5 of the State
Tax Law. Disclosure of this information by the seller or lessor
to the State is mandatory. The principal purpose for which the
information is collected is to enable, the State to identify
individuals, businesses and others who have been delinquent
in filing tax returns or may have understated their tax
liabilities and to generally identify persons affected by the
taxes administered by the Commissioner of Taxation and
Finance. The information will be used for tax administration
purposes and for any other purpose authorized by law. (2) The
personal information is requested by the purchasing unit of the
agency contracting to purchase the goods or services or lease
the real or personal property covered by this contract or lease.
The information is maintained in the Statewide Financial
System by the Vendor Management Unit within the Bureau of
State Expenditures, Office of the State Comptroller, 110 State
Street, Albany, New York 12236.
12.E UAL EMPLOYMENT OPPORTUNITIES FOR
MINORITIES AND WOMEN In accordance with Section
312 of the Executive Law and 5 NYCRR 143, if this contract
is: (i) a written agreement or purchase order instrument
providing for a total expenditure in excess. of $25,000.00,
Page 4 January 2014
D_,�
STRUMS CLAUSES FOR NIPS 00MADIS AIrIEIIU�fA
whereby a contracting agency is committed to expend or does
expend funds in return for labor, services, supplies,
equipment, materials or any comb_ ination of the foregoing, to
be performed for, or rendered or furnished to the contracting
agency; or (ii) a written agreement in excess of $100,000.00
whereby a contracting agency is committed to expend or does
expend funds for the acquisition, construction, demolition,
replacement, major repair or renovation of real property and
improvements thereon; or (iii) a written agreement in excess
of $100,000.00 whereby the owner of a State assisted housing
project is committed to expend or does expend funds for the
acquisition, construction, demolition, replacement, major
repair or renovation of real property and improvements
thereon for such project, then the following shall apply and by
signing this agreement the Contractor certifies and affirms that
it is Contractor's equal employment opportunity policy that:
(a) The Contractor will not discriminate against employees or
applicants for employment because of race, creed, color,
national origin, sex, age, disability or marital status, shall
make and document its conscientious and active efforts to
employ and utilize minority group members and women in its
work force on State contracts and will undertake or continue
existing programs of affirmative action to ensure that minority
group members and women are afforded equal employment
opportunities without discrimination. Affirmative action shall
mean recruitment, employment, job assignment; promotion,
upgradings, demotion, transfer, layoff, or termination and rates
of pay or other forms of compensation;
(b) at the request of the contracting agency, the Contractor
shall request each employment agency, labor union, or
authorized representative of workers with which it has a
collective bargaining or other agreement or understanding, to
furnish a written statement that such employment agency,
labor union or representative will not discriminate on the basis
of race, creed, color, national origin, sex, age, disability or
marital status and that such union or representative will
affirmatively cooperate in the implementation of the
Contractor's obligations herein; and
(c) the Contractor shall state, in all solicitations or
advertisements for employees, that, in the performance of the
State contract, all qualified applicants will be afforded equal
employment opportunities without discrimination because of
race, creed, color, national origin,. sex, age, disability or
marital status.
Contractor will include the provisions of "a ", "b ", and "c"
above, in every subcontract over $25,000.00 for 'the
construction, demolition, replacement, major repair,
renovation, planning or design of real property and
improvements thereon (the "Work ") except where the Work is
for the beneficial use of the Contractor. Section 312 does not
apply to: (i) work, goods or services unrelated to this contract;
or (ii) employment outside New York State. The State shall
considercompliance by a contractor or subcontractor with the
requirements of any federal law concerning equal employment
opportunity which effectuates the purpose of this section. The
contracting agency shall determine whether the imposition of
the requirements of the provisions hereof duplicate or conflict
with any such federal law and if such duplication or conflict
exists, the contracting agency shall waive the applicability of
Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful
rules and regulations of the Department of Economic
Development's Division of Minority and Women's Business
Development pertaining hereto.
13. CONFLICTING TERMS In the event of a conflict
between the terms of the contract (including any and all
attachments thereto and amendments thereof) and the terms of
this Appendix A, the terms of this Appendix A shall control.
14. GOVERNING LAW This contract shall be governed by
the laws of the State of New York except where the Federal
supremacy clause requires otherwise.
15. LATE PAYMENT Timeliness of payment and any
interest to be paid to Contractor for late payment shall be
governed by Article I1 -A of the State Finance Law to the
extent required by law.
16. NO ARBITRATION Disputes involving this contract,
including the breach or alleged breach thereof; may not be
submitted to binding arbitration (except where statutorily
authorized), but must, instead, be heard in a court of
competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS In addition to the methods of
service allowed by the State Civil Practice Law & Rules
( "CPLR" ),. Contractor hereby consents to service of process
upon it by registered or certified mail, return receipt requested.
Service hereunder shall be complete upon Contractor's actual
receipt of process or upon the State's receipt of the return
thereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly notify the State, in
writing, of each and every change of address to which service
of process can be made. Service by the State to the last known
address shall be sufficient. Contractor will have thirty (30)
calendar days after service hereunder is complete in which to
respond.
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS The Contractor certifies and warrants that
all wood products-to be used under this contract award will be
in accordance with, but not Iimited to, the specifications and
provisions of Section 165 of the State Finance Law, (Use of
Tropical Hardwoods) which prohibits purchase and use of
tropical hardwoods, unless specifically exempted, by the State
or any governmental agency or political subdivision or public
benefit .corporation. Qualification for an exemption under this
law will be the responsibility of the contractor to establish to
meet with the approval of the State.
Page 5 January 2014
STANDARD OtA11SES FOR RYS CORTRAM RPM EA
In addition, when any portion of this contract involving the
use of woods, whether supply or installation, is to be
performed by any subcontractor, the prime Contractor will
indicate and certify in the submitted bid proposal that the
subcontractor has been informed and is in compliance with
specifications and provisions regarding use of tropical
hardwoods as detailed in §165 State Finance Law. Any such
use must meet with the approval of the State; otherwise, the
bid may not be considered responsive. Under bidder
certifications, proof of qualification for exemption will be the
responsibility of the Contractor to meet with the approval of
the State.
19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES
(APPLICABLE ONLY IN NON - FEDERAL AID NEW YORK
STATE CONTRACTS) . In accordance with the MacBride Fair
Employment Principles (Chapter 807 of the Laws of 1992),
the Contractor hereby stipulates that the Contractor either (a)
has no business operations in Northern Ireland, or (b) shall
take lawful steps in good faith to conduct any business
operations in Northern Ireland in accordance with the
MacBride Fair Employment Principles (as described in
Section 165 of the New York State Finance Law), and shall
permit independent monitoring of compliance with such
principles.
20. OMNIBUS PROCUREMENT ACT OF 1992
(APPLICABLE ONLY IN NON - FEDERAL Am NEW YORK
STATE CONTRACTS) It is the policy of New York State to
maximize opportunities for the participation of New York
State business enterprises, including minority and women -
owned business enterprises as bidders, subcontractors and
suppliers on its procurement contracts.
Information on the availability of New York State
subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
Albany, New York 12245
Telephone: 518 -292 -5100
Fax: 518 -292 -5884
email: o a esd.n . ov
A directory of certified minority and women -owned business
enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women's Business Development
633 Third Avenue
New York, NY 10017
212 -803 -2414
email: mwbecertification(c esdsry.gov _
b
blic.asp
The Omnibus Procurement Act of 1992 requires that by
signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount is
greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage
the participation of New York State Business Enterprises as
suppliers and subcontractors, including certified minority and
women -owned business enterprises, on this project, and has
retained the documentation of these efforts to be provided
upon request to the State;
(b) The Contractor has complied with the Federal Equal
Opportunity Act of 1972 (P.L. 92 -261), as amended;
(c) The Contractor agrees to mAc reasonable efforts to
provide notification to New York State residents of
employment opportunities on this project through listing any
such positions with the Job Service Division of the New York
State Department of Labor, or providing such notification in
such manner as is consistent with existing collective
bargaining contracts or agreements. The Contractor agrees to
document these efforts and to provide said documentation to
the State upon request; and
(d) The Contractor acknowledges notice that the State may
seek to obtain offset credits from foreign countries as a result
of this contract and. agrees to cooperate with the State in these
efforts.
21. RECIPROCITY AND SANCTIONS PROVISIONS
Bidders are hereby notified that if their principal place of
business is located in a country, nation, province, state or
political subdivision that penalizes New York State vendors,
and if the goods or services they offer will be substantially
produced or performed outside New York State, the Omnibus
Procurement Act 1994 and 2000 amendments (Chapter 684
and Chapter 383, respectively) require that they be denied
contracts which they would otherwise obtain. NOTE: As of
May 15, 2002, the list of discriminatory jurisdictions subject
to this provision includes the states of South Carolina, Alaska,
West Virginia, Wyoming, Louisiana and Hawaii. Contact
NYS Department of Economic Development for a current list
of jurisdictions subject to this provision.
22. COMPLIANCE WITH NEW YORK STATE
INFORMATION SECURITY BREACH AND
NOTIFICATION ACT. Contractor shall comply with the
provisions of the New York State Information Security Breach
and Notification Act (General Business Law Section 899 -aa;
State Technology Law Section 208).
23. COMPLIANCE WITH CONSULTANT
DISCLOSURE LAW If this is a contract for consulting
services, defined for purposes of this requirement to include
analysis, evaluation, research, training, data processing,
computer programming, engineering, environmental, health,
and mental health services, accounting, auditing, paralegal,
legal or similar services, then, in accordance with Section 163
(4 -g) of the State Finance Law (as amended by Chapter 10 of
Page 6 January 2014
I
STANOARO CLAUSES FOB NYS CONTRACTS JMREN�LIA
the Laws of 2006), the Contractor shall timely, accurately and
properly comply with the requirement to submit an annual
employment report for the contract to the agency that awarded
the contract, the Department of Civil Service and the State
Comptroller.
24. PROCUREMENT LOBBYING To the extent this
agreement is a "procurement contract" as defined by
State Finance Law Sections 09-i and 139 -k, by signing this
agreement the contractor certifies and affirms that all
.disclosures made in accordance with State Finance Law
Sections 139-j and 139 -k are complete, true. and accurate. In
the event such certification is found to be intentionally false or
intentionally incomplete, the State may terminate the
agreement by providing written notification to the Contractor
in accordance with the terms of the agreement.
agency shall take such action as may be appropriate and
provided for by law, rule, or contract, including, but not
limited to, imposing sanctions, seeking compliance,
recovering damages, or declaring the Contractor in default.
The state agency reserves the right to reject any bid, request
for assignment, renewal or extension for an entity that appears
on the Prohibited Entities List prior to the award, assignment,.
renewal or extension of a contract, and to pursue a
responsibility review with respect to any entity that is awarded.
a contract and appears on the Prohibited Entities list after
contract award,
25. CERTIFICATION OF REGISTRATION TO
COLLECT SALES AND COMPENSATING USE TAX
BY CERTAIN STATE CONTRACTORS, AFFILIATES
AND SUBCONTRACTORS.
To the extent this agreement is a contract as defined by Tax
Law Section 5 -a, if the contractor fails to make the
certification required by Tax Law Section 5 -a or if during the
term of the contract, the Department of Taxation and Finance
or the covered agency, as defined by Tax Law 5 -a, discovers
that the certification, made under penalty of perjury, is false,
then such failure to file or false certification shall be a material
breach of this contract and this contract may be terminated, by
providing written notification to the Contractor in accordance
with the terms of the agreement, if the covered agency
determines that such action is in the best interest of the State.
26. IRAN DIVESTMENT ACT By entering into this
Agreement, Contractor certifies in accordance with State
Finance Law §165 -a that it is not on the "Entities Determined
to be Non- Responsive Bidders /Offerers pursuant to the New
York State Iran Divestment Act of 2012" ( "Prohibited Entities
List ") posted at:
hqp://www.ogs.iiy.gov/aboqL/[egs/does/ListofEiitities.pdf
Contractor further certifies that it will not utilize on this
Contract any subcontractor that is identified on the Prohibited
Entities List. Contractor agrees that should it seek to renew or
extend this Contract, it must provide the same certification at
the time the Contract is renewed or extended. Contractor also
agrees that any proposed Assignee of this Contract will be
required to certify that it is not on the Prohibited Entities List
before the contract assignment will be approved by the State.
During the term of the Contract, should the state agency
receive information that a person (as defined in State Finance
Law §165-a) is in violation of the above - referenced
certifications, the state agency will review such information
and offer the person an opportunity to respond. If the person
fails to demonstrate that it has ceased its engagement in the
investment activity which is in violation of the Pvul. within 90
days after the determination of such violation, then the state
Page 7 January 2014
APPENDIX A -1 SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT)
(To be included in all contracts)
During the performance of this contract, the contractor, for itself, its assignees and successors
in interest (hereinafter referred to as the "contractor ") agrees as follows:
(1) Compliance with Regulations The contractor shall comply with the Regulation relative to
nondiscrimination in Federally assisted programs of the Department of Transportation of the
United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway --
Administration (hereinafter "FHWA') Title 23, Code of Federal Regulations, Part 200 as they
may be amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract,
(2) Nondiscrimination The Contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, religion, age, color, sex or national
origin, sex, age, and disability/handicap in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by 49 CFR, section
21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontractors Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the grounds of race, color, or national origin, sex, age, and disability/handicap.
(4) Information and Reports The contractor shall provide all information and reports required by
the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by
NYSDOT or the FHWA to be pertinent to ascertain. compliance with such Regulations,
orders and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor shall so
certify to NYSDOT's Office of Civil Rights or FHWA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, NYSDOT shall impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a) Withholding of payments to the contractor under the contract until the contractor
complies; and /or
b) Cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (B) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The contractor shall take such action with respect to any subcontractor procurement as
NYSDOT or the FHWA may direct as a means of enforcing such provisions including sanctions
for non - compliance: Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request NYSDOT to enter into such litigation to protect the interests of
NYSDOT, and, in addition, the contractor .may request the United States to enter into such
litigation to protect the interests of the United States.
p
APPENDIX B --
REQUIREMENTS FOR FEDERALLY -AIDED TRANSPORTATION PROJECTS
(March 2093)
There is a substantial body of requirements attached to the use of Federal highway or
transportation aid. These requirements create or overlay processes, procedures, documentation
requirements, authorizations, approvals and certifications that may be substantially greater or
different from those that are not funded with Federal -aid and proceed under applicable State
and local laws, customs and practices. Under Title 23 of the United States Code, the New York
State Department of Transportation ( NYSDOT) is responsible for the administration of
transportation projects in New York State to which NYSDOT provides Federal highway or
transportation - related aid. Through this Agreement, which provides or is associated with such
funding, NYSDOT delegates various elements of project and funding administration as
described elsewhere in this Agreement. In undertaking a Federally aided 'project, the
MunicipalitylSponsor, Authority or Project Manager designated under this Agreement with
Federal -aid funding or project administration agrees to proceed in compliance with all the
applicable Federal -aid requirements.
NYSDOT, in cooperation with FHWA, has assembled the body of Federal -aid requirements, -
procedures and practices in its AProcedures for Locally Administered Federal -Aid Projects@
(available through NYSDOT=s web site at: www.dot.nu.gov /p[afap) ' in addition, the
Municipality/Sponsor, Authority or Project Manager designated under this Agreement for
Federal -aid funding or project administration that enters into Federally aided project construction
contracts is required to physically incorporate into all its Federally aided construction contracts
and subcontracts there under the provisions that are contained in Form FHWA -1273 (available
from NYSDOT or electronically at: www.fhwa. dot. qov /programadmin /contracts /1273.htm).
In addition to the referenced requirements, the attention of Municipal itylSponsor hereunder is
directed to the following requirements and information:
NON DISCRIMINATIONIEEOIDBE REQUIREMENTS
The Municipality/Sponsor and its contractors agree to comply with Executive Order 11246,
entitled "Equal Employment Opportunity" and United States Department of Transportation
(USDOT) regulations (49 CFR Parts 21, 23, 25, 26 and 27) and the following:
1. NON DISCRIMINATION No person shall, on the ground of race, color, creed, national
origin, sex,. age or handicap, be excluded from participation in, or denied the benefits of, or
be subject to, discrimination under the Project funded through this Agreement.
2. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this
Agreement, the Municipality/Sponsor=s contractors or subcontractors shall not discriminate -
against any employee or applicant for employment because of race, religion, age, color, sex
or national origin. Such contractors shall take affirmative actions to ensure that applicants
are employed, and that employees are treated during their employment, without regard to
their race, religion, color, sex, national origin or age. Such actions shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; _
and selection for training, including apprenticeship.
1 � 1
3. DISADVANTAGED BUSINESS ENTERPRISES In connection with the performance of this
Agreement, the MunicipalitylSponsor shall cause its contractors to cooperate with the State
in meeting its commitments and goals with regard to the utilization of Disadvantaged
Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have
opportunity to compete for subcontract work under this Agreement. Also, in this connection
the Municipality or Municipality/Sponsor shall cause its contractors to undertake such
actions as may be necessary to comply with 49 CFR Part 26.
As a sub - recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the
following assurance.
The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any United States Department of Transportation
( USDOT)- assisted contract or in the administration of its Disadvantaged Business Enterprise
(DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take
all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in
the award and administration of the United States Department of Transportation- assisted
contracts. The New York State Department of Transportation's DBE program, as required
by 49 CFR Part 26 and as approved by the United States Department of Transportation, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program, the USDOT
may impose sanctions as provided for under part 26 and may, in appropriate cases, refer
the matter for enforcement under 18 U.S.C. 1001 andfor the Program Fraud Civil Remedies
Act of 1986 (31 U.S.C. 3801_ et seq.).
FEDERAL SINGLE AUDIT REQUIREMENTS
Non - Federal entities that expend $500,000 or more in a year in Federal awards from all sources
are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of
Management and Budget (OMB) Circular No. A -133, AAudits of States, Local Governments,
and Non - Profit Organizations@. Non - Federal entities that expend Federal awards from a single
source may provide a program specific audit, as defined in the Circular. Non - Federal entities
that expend less than $500,000 in a year in Federal awards from all sources are exempt from
Federal audit requirements for that year, except as noted in Sec. 215 (a) of OMB Circular A -133
Subpart B-- Audits, records must be available for review or audit by appropriate officials of the
cognizant Federal agency' the New York State Department of Transportation, the New York
State Comptroller =s Office and the U.S. Governmental Accountability Office (GAO).
Non - Federal entities are required to submit a copy of all audits, as described above, within 30
days of issuance of audit report, but no later than 9 months after the end of the entity's fiscal
year, to the New York State Department of Transportation, Contract Audit Bureau, 50 Wolf --
Road, Albany, NY 12232. Unless a time extension has been granted by the cognizant Federal
Agency and has been filed with the New York State Department of Transportation's Contract
Audit Bureau, failure to comply with the requirements of OMB Circular A -133 may result in
suspension or termination of Federal award payments.
1 The designated cognizant agency for audit shall be the federal awarding agency that provides the predominant
amount of direct funding to a recipient unless OMB changes it.
�
THE CATA OF FED ERAL DOMESTIC ASSITANCE
The Catalog of Federal Domestic Assistance ( CFDA Z ), is an on -line database of all Federally -
aided programs available to State and local governments (including the District of Columbia);
Federally recognized Indian tribal governments; Territories (and possessions) of the United
States; domestic public, quasi - public, and private profit and nonprofit organizations and
institutions; specialized groups; and individuals.
THE CFDA IDENTIFICATION NUMBER
OMB Circular A -133 requires all Federal -aid recipients to identify and account for awards and
expenditures by CFDA Number. The Municipality /Sponsor is required to identify in its accounts
all Federal awards received and expended, and the Federal programs under which they were
received. Federal program and award identification shall include, as applicable, the CFDA title
and number, award number and year, name of the Federal agency, and name of the
pass - through entity.
The most commonly used CFDA number for the Federal Aid Highway Planning and
Construction program is 20.205.
Additional CFDA numbers for other transportation and non - transportation related
programs are:
20.215 Highway Training and Education
20.299 Recreational Trails Program
20.XXX Highway Planning and Construction - Highways for LIFE;
20.XXX Surface Transportation Research and Development;
20.500 Federal Transit - Capital Investment Grants
20.505 Federal Transit - Metropolitan Planning Grants
20.507 Federal Transit - Formula Grants
20.509 Formula Grants for Other Than Urbanized Areas
20.600 State and Community Highway Safety
23.003 Appalachian Development Highway System
23.008 Appalachian Local Access Roads
PROMPT PAYMENT MECHANISMS
In accordance with 49 CFR 26.29, and NY State Finance Law 139 -f or NY General Municipal
Law 106 -b(2) as applicable:
(a) You must establish, as part of your DBE program, a contract clause to require prime
contractors to pay subcontractors for satisfactory performance of their contracts no later than 7
calendar days from receipt of each payment you make to the prime contractor.
(b) You must ensure prompt and full payment of retainage from the prime contractor to the
subcontractor within 7 calendar days after the subcontractor's work is satisfactorily completed.
You must use one of the following methods to comply with this requirement: _
(9) You may decline to hold retainage from prime contractors and prohibit prime
contractors from holding retainage from subcontractors.
(2) You may decline to hold retainage from prime contractors and require a contract clause
obligating prime contractors to make prompt and full payment of any retainage kept by prime
2 www. C
7� .
contractor to the subcontractor within 7 calendar days after the subcontractors work is -
satisfactorily completed.
(3) You may hold retainage from prime contractors and provide for prompt and regular
incremental acceptances of portions of the prime contract, pay retainage to prime contractors -
based on these acceptances, and require a contract clause obligating the prime contractor to
pay all retainage owed to the subcontractor for satisfactory completion of the accepted work
within 7 calendar days after your payment to the prime contractor. -
(c) For purposes of this section, a subcontractor's work is satisfactorily completed when all
the tasks called for in the subcontract have been accomplished and documented as required by
the recipient. When a recipient has made an incremental acceptance of a portion of a prime
contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily
completed.
(d) Your DBE program must provide appropriate means to enforce the. requirements of this
section. These means may include appropriate penalties for failure to comply, the terms and
conditions of which you set. Your program may also provide that any delay or postponement of
payment among the parties may take place only for good cause, with your prior written
approval.
(e) You may also establish, as part of your DBE program, any of the following additional
mechanisms to ensure prompt payment:
(9) A contract clause that requires prime contractors to include in their subcontracts
language providing that prime contractors and subcontractors will use appropriate alternative
dispute resolution mechanisms to resolve payment disputes. You may specify the nature of
such mechanisms.
(2) A contract clause providing that the prime contractor will not be reimbursed for work
performed by subcontractors unless and until the prime contractor ensures that the
subcontractors are promptly paid for the work they have performed. - -
(3) Other mechanisms, consistent with this part and applicable state and local law, to
ensure that DBEs and other contractors are fully and promptly paid.
Schedule A (12113)
Press F1 to read instructions in blank fields Page 1 of 3
SCHEDULE A -- Description of Project Phase, Funding and Deposit Requirements
NYSDOTI State -Local Agreement - Schedule A for PIN 5760.80
OSC Municipal Contract #•
Contract Start Date (mprGdiyyyy) Contract End Date. O t1 (mmiddi
'
❑ Check, if date changed from the last Schedule A
Purpose: ® Original Standard Agreement ❑ Supplemental Schedule A No.
Agreement ❑ Locally Administered Municipality /Sponsor (Contract Payee):
Type: Other Municipality /Sponsor (if applicable):
® State Administered List participating Municipality(les) and the % of cost share for each and indicate by checkbox which
Municipality this Schedule A applies.
® Municipality:City of Buffalo 100% of Cost share
❑ Municipality: % of Cost share
❑ Municipality: % of Cost share
Authorized Project Phase(s) to which this Schedule applies: ❑ PElDesign ❑ ROW Incidentals
❑ ROW Acquisition ® Construction /Cl /CS
Work Type: OTHER (See Footnotes)
County (If different from Municipality): Erie
Marchiselli Eligible ❑ Yes ® No (Check, if Project Description has hanged from lost Schedule A): ❑
Project Description:: New York Gateway Connection Improvements to the US Peace Bridge Plaza Project: City of Buffalo,
Erie County. NYSDOT Construction Contract No. D262652 _ Requested Project Betterments _ See Footnotes
Mar�hiselli AllocatI16hs Approved FOFt All PHASES To compute Total Costs in the last row and column, right click in each field and
select Update Field,
Check box to indicate
Federal
Project Phase
STATE
change from last
Schedule
State Fiscal Year(s)
TOTAL
PE/Design
ROW (RI & RA)'
Construction /CIICS
❑
Cumulative total for all prior SFYs
$
$
$
$ 0.00
El
Current SFY 94115
$
$
$
$ 0.00
Authorized Allocations #o i]ate
$ 0.00
$ 0.00
$ 0.00
$ 0.00
TOTAL'.
A Summat�i of alloca �fAARCHISELLI Program Costs FOR ALL. PHASES Fo each PIN Fiscal Share below,
show cU "- costa an;the rowsrows- ridl�cated as Currr of
: Show the. old costs from the previous Schedule A on the row indicated as Old."
'To co>npute rofa!
Curren# Cclsts. irtth$ rasa raw, rfghf click an eiach field end select °Update
LOCAL
PIN
"Current" or
Federal
FEDERAL
Participating
STATE
LOCAL
DEPOSIT
AMOUNT
Fiscal Share
"Old" entry
Funding
Total Costs
Share and
MARCHI5ELL1
Matching
(Required.
indicator
Program
Percentage
Match
Share
only if State
Administered)
Current
$ $
$
$
$
•
e.
Current
$ $
$
$
$
•
• e
Current .
$ $
$
$
$
se
Current
$ $
$
$
$
Current
$ $
$
$
$
Current
$ $
$
$
$
TOTAL'.
' C Total .ocsl Depos�t(s� Requ� ed for S Administered Projec #s: $456,971.00
M. T Costs To compute "Total Costs in the last oolumn, rlghtclick in the field and select "Update Field:" .
Total FEDERAL
Total STATE
MARCHISELLI
Total Other
5ched4le A (12113)
Total Costs
Cost
Cost
Press F1 to read instructions in blank fields
Cost
(aIl sources)
Page 2 of 3
NYSDOTIState
-Local Agreement — Schedule A
$0.00
$0.00
Costs FOR ALL --
$450,971.00
B. Summary of Other. (including
Non - allocated
MARCH.ISELLI) Participating
PHASES For each Plly Fiscal Share, show current costs on the rows indicated as "Current". Show the old costs from the previous
Schedule A on the row
indicated as "Old " To. compute Total Current Costs; in last row, right click in each field and select 'Update Field."
Other `Current'
PIN Fiscal or`Qld' entry Funding Source
TOTAL
Other FEDERAL
Other STATE
Other LOCAL
Shares indicator
-
5760.80.NPC Current 100% Local
$456,971.00
$0.00
$0.00
$456,971.00
--
ae
Current
$
$
$
$
• a.
Current
$
$
$
$
Current
$
$
$
$
C urrent
$
$
$
$
4 e
Current
$
$
$
$
i
Current
$
$
$
$
� e
Current
$
$
$
$
TOTAL CI12i�1T:CDSTSk
$456,971.00
$ 0.00
$ 0.00
$456,971.00
' C Total .ocsl Depos�t(s� Requ� ed for S Administered Projec #s: $456,971.00
M. T Costs To compute "Total Costs in the last oolumn, rlghtclick in the field and select "Update Field:" .
Total FEDERAL
Total STATE
MARCHISELLI
Total Other
Total LOCAL
Total Costs
Cost
Cost
STATE Cost
Cost
(aIl sources)
$0.00
$0.00
$0.00
$450,971.00
$45.6,971.00
Schedule A (12113)
Press 1=1 to read instructions in blank Fields
NYSDOT /State -Local Agreement – Schedule A
Page 3 of 3
Footnotes: (See LPS's website for link to sample footnotes)
NYSDOT Construction Contract No. D262662
• WORK TYPE — DESCRIPTION OF REQUESTED WORK (BETTERMENTS):
• a.) BRIDGE REHABILITATION – Porter Avenue Bridge over 1 -190; BIN 5512560, bridge work includes new
structural deck, approach slabs, curbs, sidewalks, lighting, bridge railing and protective fencing for Span 1 over
CSX railroad.
• b.) HIGHWAY LIGHTING – Porter Avenue Light Standard; from Lakeview Avenue to Busti Avenue.
• BETTERMENT FUNDING:
• Page 2, Section B, Share 5760.80.NPC is a Federal Aid Non - Participating 100% City of Buffalo Cost for
Rrequested Porter Avenue Betterments associated with NYSDOT Construction Contract fro, D262652 _ Fiscal
Share .30X.....
• LOCAL DEPOSIT: Under the SUBJECT Agreement, a Local Deposit of $ 456,971.00 is required......
•
t.
SCHEDULE B
.'
SCHEDULE BE Phases, SubphaselTasks, and Allocation of Responsibility
Instructions: Enter an "X" to indicate the appropriate Phase, then assign the responsibility for each applicable Subphase task by entering a "X" in either the
NYSDOT column to allocate the task to State Labor Forces or a State Contract, or enter an "X" in the other appropriate column to indicate a task allocated to
Non -State I .ahnr Fnrrr -c nr a I nrally ArlminiGtRrpri r:nntrart
1
Allocation of
PHASE /SUBPHASE PIN 5760.80
Responsibility
NYSDOT Municipali
A1. Preliminary Engineering ( "PE ") Phase
1. Scoping Prepare and distribute all required project reports, including an Expanded Project Proposal (EPP) or Scoping
Summary Memorandum (SSM), as appropriate.
2. Perform data collection and analysis. for design, including traffic counts and forecasts, accident data, land use and
development analysis and forecasts.
3. Preliminary ,Design Prepare and distribute Design Report/Design Approval Document (DAD), including environmental
analysis /assessments, and other reports required to demonstrate the completion of specific design subphases or tasks
and /or to secure the approval/authorization to proceed.
4_ Review and Circulate all project reports, plans, and other project data to obtain the necessary review, approval, and /or
other input and actions required of other NYSDOT units and external agencies-
5. Obtain aerial photography and photogrammetric mapping.
6. Perform all surveys for mapping and design.
7 Detailed Design Perform all project design, including preparation of plan sheets, cross - sections, profiles, detail sheets,
i
specialty items, shop drawings, and other items required in accordance with the Highway Design Manual, including all
Highway Design, including pavement evaluations, including taking and analyzing cores; design of Pavement mixes and
applications procedures; preparation of bridge site data package, if necessary, and all Structural Design, including
hydraulic analyses, if necessary, foundation design, and all design of highway appurtenances and systems (e.g., Signals,
IVHS facilities), and maintenance protection of traffic plans. FRA criteria will apply to rail work.
8. Perform landscape design (including erosion control).
1
2 �\
1
Allocation of
PHASEISUBPHASE PIN 5760M
Responsibility
NYSDOT Municipali
9. Design environmental mitigation, where appropriate, in connection with: Noise readings, projections, air quality
monitoring, emissions projections, hazardous waste, asbestos, determination of need of cultural resources survey.
10. Prepare demolition contracts, utility relocation plans /contracts, and any other plans and/or contract documents
required to advance, separate, any portions of the project which may be more appropriately progressed separately and
independently.
11. Compile PS &E package, including all plans, proposals, specifications, estimates, notes, special contract
requirements, and any other contract documents necessary to advance the project to construction.
12. Conduct any required soils and other geological investigations.
13. Obtain utility information, including identifying the locations and types of utilities within the project area, the ownership
of these utilities, and prepare utility relocations plans and agreements, including completion of Form HC -140, titled
Preliminary Utility Work Agreement.
14. Determine the need and apply for any required permits including U.S. Coast Guard, U.S. Army Corps of Engineers,
Wetlands (including identification and delineation of wetlands), SPDES, NYSDOT Highway Work Permits, and any
permits or other approvals required to comply with local laws, such as zoning ordinances, historic districts, tax
assessment andspecial districts.
15. Prepare and execute any required agreements, including:
— Railroad force account
-- Maintenance agreements for sidewalks, lighting, signals, betterments
-- Betterment Agreements
-- Utility Work Agreements for @n
y Utility Relocations of Privately owned Utilities.
16. Provide overall supervision /oversight of design to assure conformity with Federal and State design standards or
conditions, including final approval of PS &E by NYSDOT.
I
2 �\
1
IN
�
3
Allocation of
PHASE /SUBPHASE PIN 5760.80
Responsibility
NYSDOT Municipality
A2. Right -of -Way (ROW) Incidentals
1.. Prepare ARM or other mapping, showing preliminary taking lines.
2. Right -of -Way (ROW) mapping and any necessary ROW relocation plans.
3. Obtain abstracts of title and certify those having an interest in Right -of -Way to be acquired.
4. Secure Appraisals.
5. Perform Appraisal Review and establish an amount representing just compensation.
6. Determination of exemption from public hearing that is otherwise required by the Eminent Domain Procedure Law,
including "de minimis" determination, as may be applicable. If NYSDOT is responsible for acquiring the right-of-way,
this determination may be performed by NYSDOT only if NYSDOT is responsible for the Preliminary Engineering
Phase under Phase Al of this Schedule B.
7. Conduct any public hearings and/or informational meetings as may be required by the Eminent Domain Procedures
I
Law, including the provision of stenographic services, preparation and distribution of transcripts, and response to issues
raised at such meetings.
__ I I
�
3
I
W�
4
Allocation of
PHASE /SUBPHASE PIN 5760.80
Responsibility
`
NYSDOT Municipali
B. Right -of -Way (ROW) Acquisition
1. Perform all Right -of -Way (ROW) Acquisition work, including negotiations with property owners, .acquisition of properties
and accompanying legal work, payments to and /or deposits on behalf of property owners; Prepare, publish, and pay for
any required legal notices; and all other actions necessary to secure title to, possession of, and entry to required
properties. If NYSDOT is to acquire property on behalf of the Municipality, the Municipality agrees to accept and
take title to any and all :permanent property rights so acquired which form a part of the completed Project.
2. Provide required relocation assistance, including payment of moving expenses, replacement supplements, mortgage
interest differentials, closing costs, mortgage prepayment fees.
3. Conduct condemnation proceedings, court and any other legal actions required to acquire properties.
4. Monitor all ROW Acquisition work and activities, including review and processing of payments of property owners.
5) Provide official certification that all right -of -way required for the construction has been acquired in compliance with
applicable Federal, State or Local requirements and is available for use and /or making projections of when such
property(ies) will be available if such properties are not in hand at the time of contract award.
6. any property management activities, including establishment and collecting rents, building maintenance and
repairs, and any other activities necessary to sustain properties and /or tenants until the sites are vacated, demolished, or
otherwise used for the construction project.
7. Subsequent to completion of the Project, conduct ongoing property management activities in a manner
consistent with applicable Federal, State and Local requirements including, as applicable, the development of
any ancillary uses, establishment and collection of rent, property maintenance and any other related activities.
W�
4
PHASE /SUBPHASE 5760.80.NPC
Allocation of
_
City of Buffalo _ Betterments Share
Responsibility
NYSDOT Construction Contract No. D262652 _ Fiscal Share .30X
NYSDOT Municipalit
C.i Construction, Construction Support (CIS) and Construction Inspection (CII) Phase
x
x
1. Advertise contract lettin s and distribute contract documents to prospective bidders.
x
2.; Conduct all contract lettings, including receipt, opening, and analysis of bids, evaluation /certification of bidders,
notification of re'ected bids /bidders, and awarding of the construction contract(s).
x
3. Receive and process bid deposits and verify any bidder's insurance and bond covers a that may be required.
x
4. Compile and submit Contract Award Documentation Package.
x
5. Review and approve any proposed subcontractors, vendors, or suppliers.
6. Conduct and control all construction activities in accordance with the plans and proposal for the project. Maintain
x
accurate, up -to -date project records and files, including all diaries and logs, to provide a detailed chronology of project
construction activities. Procure or provide all materials, supplies and labor for the performance of the work on the project,.
and insure that the prop materials, equipment, human resources, methods and procedures are used.
7(A). For non -NHS or non -State Highway System Projects: Test and accept materials, including review and approval for
x
any requests for substitutions.
7(B). For NHS or State Highway System Projects: Inspection and approval of materials such as bituminous concrete,
Portland cement concrete, structural steel, concrete structural elements and /or their components to be used in a federal
aid project will be performed by, and according to the requirements of NYSDOT. The Municipality shall make or require
provision for such materials inspection in any contract or subcontract that includes materials that are subject to
inspection and approval in accordance with the applicable NYSDOT design and construction standards associated with
the federal aid project.
8. Design and /or re- design the project or any portion of the project that may be required because of conditions
x
encountered during construction.
5
�a
6
X
9. Administer construction contract, including the review and approval of all contactor requests for payment, orders -on-
contract, force account work, extensions of time, exceptions to the plans and specifications, substitutions or equivalents,
andspecial specifications.
PHASEISUBPHASE 5760.80.NPC
Allocation of
_
City of Buffalo -Betterments Share
Responsibility
NYSDOT Construction Contract No. D262662 — Fiscal Share .30X
NYSDOT Municipali
X
10. Review and approve all shop drawings, fabrication details, and other details of structural work.
X
11. Administer all construction contract claims, disputes or litigation.
x
12. Perform final inspection of the complete work to determine and verify final quantities, prices, and compliance with
plans specifications, and such other construction engineering supervision and inspection work necessary to conform to
Municipal, State and FHWA requirements, including the final acceptance of the project by NYSDOT.
�a
6
Estimate PIN. GATEWAY
NYSOOT
551.010057
STEEL H -PILES (HP 10X57)
1,275.00
LF
$28.00
$35,700.00
551.1202
SPLICES FOR STEEL H -PILES (HP 107(57)
24.00
EACH
$13.58
$325.99
551.13
FURNISHING EQUIPMENT FOR DRIVING PILES
0.50
LS
$75,000.00
$37,500.00
552.2001
MOLES IN EARTH FOR SOLDIER PILE AND LAGGING WALL
1,170.00
LF
$176.88
$206,950.92
552.2201
SOLDIER PILES FOR SOLDIER PILEAND LAGGING WALL
1,170.00
LF
$126.55
$148,059.71
552.230201
UNTREATED WOOD LAGGING FOR SOLDIER PILE AND
1,828.00
SF
$12.11
$22,136.99
555.08
FOOTING CONCRETE, CLASS HP
165.00
CY
$281.80
$46,497.08
555.09
CONCRETE FOR STRUCTURES, CLASS HP
358.00
CY
$610.47
$218,549.94
556-0203
GALVANIZED BAR REINFORCEMENT FOR STRUCTURE=S
409
LB
$3.17
$348,046.41
556.03
STUD SHEAR CONNECTORS FOR BRIDGES
1,944.00
EACH
$3.60
$6,989.40
560.18100011
REMOVE AND RESET STONE MASONRY
1,076.00
SF
$102.81
$110,622.81
564.0501
STRUCTURAL STEEL, TYPt< 1
1.00
LS
$460,835.00
$460,835.00
5652033
TYPE E.B EXPANSION BEARING (112 TO 168 KIPS)
16.00
EACH
$1,561,04
$24,976.57
697.03
FIELD CHANGE PAYMENT
0.25
DC
$228,000.00
$57,000.00
70(X.7000=
TEMPORARY SHORING OF PIER CAP
0.50
LS
$25,000.00
$12,500.00
TOTAL OF NON ALTERNATE ITEMS
$7,875,039.69
ENGINEERING SHARE 0006 Bridge No. 4 - CSX Share
GROUP TOTAL
$1,875,039.69
7ltem Number
Alt Description
(Quantity
Units
Unit Price
ExtendedAmount
0.00
$0.00
202.120001
REMOVING EXISTING SUPERSTRUCTURES
1.00
LS
$7,300.00
$7,300.00
202.120002
REMOVING EXISTING SUPERSTRUCTURES
1.00
LS
$7,100.00
$7,100.00
304.12
SUBBASE COURSE, TYPE, 2
52.00
CY
$34.45
$1,7.54.63
657.0102
SUPERSTRUCTURE SLAB WITH INTEGRAL WEARING
457.00
SY
$286.33
$130.850.88
557.2002
STRUCTURAL APPROACH SLAB WITH INTEGRAL WEARING
156.00
5Y
$209.25
$32,643.22
557.30
SIDEWALKS AND SAFETY WALKS
131.00
SY
$102.78
$13,464.35
558.02
LONGITUDINAL SAWCUT GROOVING OF STRUCTURAL
534.00
SY
$6.04
$3,223.07
559.18960418
PROTEGTIVE SEALING OF STRUCTURAL CONCRETE ON
5
SF
$025
$5,218.56
568.70
TRANSITION BRIDGE RAILING
50.00
LF
$115.00
$5,749.87
569.08
TEXAS AESTHETIC CONCRETE BRIDGE BARRIER
196.00
LF
$275.04
$63;907.88
569.X70(
PROTECTIVE FENCE MOUNTED TO TEXAS BARRIER
196.00
LF
$66.17
$12,969.32
589:X)000(X
TEMPORARY BRIDGE= DECK SUPPORT STEEL
0.33
LS
$25,000.00
$8,250.00
609.0302
STONE CURB- BRIDGE (TYPE F1)
98.00
LF
$38.28
$3,754.31
697:03
FIELD CHANGE PAYMENT
0.25
DC
$228.000.00
$57,000.00
TOTAL OF NON ALTERNATE STEMS
$343,220.09
7:52:30PM
Wednesday, April 09, 2014 Page 11 of 13
NY Gateway Connections to the Peace Bridge Improvement Project
Breakdown for COB Lighting Betterment - Lakeview Avenue to .Busti Avenue.
Description
Quantity Unit .
Unit Cost
Cost
Replace Light Standards (same location as exist.)
Conduit Excavationand backfill
50 LF
$14
$713
(f 0 feet to connect to exist per loc.)
Foundations for Light Standards
5 EA
$1,300
$6,500
Decorstive Light Plole one Luminaire
5 EA
$2,800
$14,000
Galv. Steel Plastic Coated Conduit 2"
15 LF
$60
$900
Pullboxes,
1 EA
$875
$875
Single Conductor Cable No. 6 Gage
0 LF
$2
$0
Ground wire 6 Ga.
0 LF
$2
$0
Remove and Stare Lamp Post Assembley
6 EA
$490
$2,940
Remove Lamp Post Foundation
6 EA
$250
$1,500
Remove and Dispose of Exist Cable in Conduit
700 LF
$1
$875
Total
$28, 303
Light pole count (ea)
N. side S. side
Both
Lakeview to Bust!
3 3
Sides
TOTAL
3 3
6
ROW 21.2b (oi /11)
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
OFFICE OF RIGHT OF WAY .
AGREEMENT FOR ADVANCE PAYMENT
PIN 576080201 PROC 14242
PAYEE ID# Y
PROJECT New York Gateway Connections Improvement Project to the U.S. Peace Bridge Plaza
MAPS) 6; 7; 7 PARCEL(S) 10; 11; 32
COUNTY Erie TOWN/CITY Buffalo VILLAGE
THIS AGREEMENT, made this day of X between
City Of Bufalo
502 City Hall
Buffaio, NY 14202
hereinafter referred to as "Claimant," and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE
OF THE STATE OF NEW YORK, hereinafter referred to as "the State," pursuant tQ statute.
WITNESSET•H:
WHEREAS, pursuant to the aforementioned statute, the State Is appropriating or has appropriated, for the
purpose of the above - identified project, certain property shown and described on the above - designated map(s),
and
WHEREAS, the Claimant represents that Claimant is or was at the time of said appropriation the owner of
the property affected by said appropriation or of some right, title, or interest therein, and
WHEREAS, the value of the property appropriated and legal damages caused by said appropriation, as set
forth in paragraph numbered 1 below, cannot be agreed upon, and
WHEREAS, the State is willing to pay an amount equal to the amount determined by the Commissioner of
Transportation to be the value of all claims for the property appropriated and legal damages caused by said
appropriation, as so set forth in paragraph numbered I below, on the terms and conditions hereinafter stated,
NOW, THEREFORE, it Is understood and agreed by and between the parties as foilows.
1. The State will pay to the Claimant the sum of Four Hundred Thirty Five Thousand Five Hundred Fifty
and 00/100 Dollars ($435,550.00), the amount hereby determined by the Commissioner of Transportation to
be the value of all claims for the property appropriated and legal damages caused by such appropriation,
including all damages Incurred by virtue and during the pendency of said appropriation proceedings, and
including all damages to the remainder of said affected property, if any, of which the appropriated area formed a
part, whether caused by said appropriation or by the use of said appropriated properly, excepting the aggregate
value, if any, of claims hereinafter specifically excluded.
Z. The Claimant agrees, as.a prerequisite to such advance payment, to execute and deliver or cause the
execution and delivery to the Attorney General of all formal papers which the Attorney General deems necessary
to authorize payment and to secure to the State a full release of all claims (other than the claim of Claimant) by
reason of the aforementioned appropriation, including claims by reason of any estate or interest in the streams,
lakes, drainage and Irrigation ditches or channels, streets, roads, highways, or public or private rights -of -way, if
any, adjacent tto or abutting on the above - mentioned property required for the purposes of said project.
3. Payment Is to be made hereunder only upon approval of this Agreement by the Comptroller of the State of
New York or the Director of Office of Right of Way and upon certificate of the Attomey General of the State of
New York as required by law.
4. . This Agreement is exclusive of the claims, if any, of persons other than owners of the appropriated property,
their tenants, mortgagees and iienors, having any right or Interest in any stream, fake, drainage and irrigation
ditch or channel, street, mad, highway, or public or private rights -of way, or the bed thereof, within the limits of
the appropriated property or contiguous thereto.
S. This Agreement is also exclusive of claims, if any, (other than the claim of Claimant) for the value of or
damage to easements and appurtenant facilities for the construction, operation, and maintenance of publicly
owned or public service electric, telephone, telegraph, pipe, water, sewer, and railroad lines. This Agreement is
exclusive of the rights, if any, of others by virtue of all ail and gas leases, mines,, minerals, mineral ore, quarries
and petroleum deposits.
6. The Claimant hereby reserves the right to file a claim with the Court of Claims, or, if a claim has been filed,
reserves the right to prosecute said Balm, it being understood, however, that such reservation shall not extend or
affect in any way the time limited for the filing of such claim as provided for in the Eminent Domain Procedure
Law.
7. It is agreed that, if the Court of Claims finds the value of the property appropriated and legal damages
caused by said appropriation as set forth In paragraph numbered 1 above is equal to or exceeds the advance
payment made hereunder, the amount of such advance payment shall be deducted from the amount so found by
the Court and the award of said Court shall be in the amount of the excess, if any, over and above said advance
payment. It is also agreed that no interest shall be allowed in such award on the amount of such advance
Payment. In the event the amount so found by the Court is less than the amount of said advance payment, upon
the filing in the office of the Clerk of the Court of Claims of -a Certified copy of this agreement together with
Certification by the Comptroller of the State of New York of such payment and upon application made to the
Court on at least eight days notice to Claimant, the CourVshall direct the Clerk to enter judgement dismissing the
claim and awarding to the State the difference between the awards as found by the Court and the amount of said
advance payment with appropriate interest. It is further agreed that in any trial of.a claim that may be filed by
the claimant, neither the determination of the Commissioner of Transportation, as hereinabove set forth, nor any
data, estimates or appraisals made or prepared In support thereof, shall be evidence of the value of the claim or
of the property affected by said claim.
8. Interest will be paid on the cash payment herein provided for according to the conditions In ROW 21 -8,
Interest supplement to Agreement, attached and made a part hereof.
9. It is understood and agreed by and between the- parties hereto that, pursuant to statute, if no claim is-filed
by Claimant in the Court of Claims within the statutory time limit set forth In the Eminent Domain Procedure Law,
then, upon the expiration of that time, this agreement fbr advance payment shall automatically become an
Agreement of Adjustment in full and complete settlement of all claims as referred to in Paragraph #1 hereof
without further ratification, approval or consent by Claimant and Claimant shall be deemed to have released
Claimant's claim against the State without further acquittance, receipt or satisfaction therefor In consideration of
the payment made hereunder.
10. This Agreement is exclusive of claims, if any, for payment of allowable moving expenses of owners,
occupants or tenants 'of residential and commercial property and is also exclusive of any claims of Claimant for
pro -rata payment of all real property taxes; water and sewer rents, levies or charges paid or payable to a taxing
entity as provided for by the above designated statute. THIS AGREEMENT 15 EXCLUSIVE OF THE CLAIM OF
Buffalo & Fort Erie Public Bridge Authority TENANTS, MORTGAGEES, LIENORS AND SUCCESSORS IN INTEREST)
IN THE APPROPRIATED PREMISES FOR ANY UNEXPIRED LEASEHOLD INTEREST, Fl0(TLIRES AND LAND
IMPROVEMENTS DESCRIBED AS FOLLOWS: traffic signal, pavin 'curbing, concrete walks on Baird Avenue
11. This Agreement is exclusive of the rights, If any, of others by virtue of all oil and gas leases, mines, minerals,
mineral ore, quarries and petroleum deposits.
THIS AGREEMENT shall inure to the benefit of and bind the distrlbutees, legal representatives, successors,
and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
Claimant:
City of Buffalo
BY: y1TS:
Payee ID*
STATE OF NEW YORK
COUNTY OF
) ss..
On the K day of ) in the yearK. before me, the undersigned, a
Notary Public in and for said State, personally appeared X
personally known to me or proved to me on basis of satisfactory evidence to be the individuals) whose name(s)
is(are) subscribed to the within instrument and acknowledged to me that he/shafthey executed the same in
his/her/their capacity(ies), and that by his/her/thetr signature(s) on the instrument, the individuals); or the
person upon behalf of which the individual(s) acted, executed the instrument.
(Notary Public)
APPROVED:
By:
(for the State Comptroller)
Land Contract
No.
COMMISSIONER OF TRANSPORTATION
FOR THE PEOPLE of THE STATE OF NEW YORK
By:
(Director of Office of Right of Way)
Il y
Raw 21 -2b (0111) REVERSE
Raw 21 -26 (01/11)
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
OFFICE OF RIGHT OF WAY
AGREEMENT FOR ADVANCE PAYMENT
PIN 576080201 PROC 14242 PAYEE ID# X
PROJECT New York Gateway Connection Improvements Project to the U.S. Peace Bridge Plaza
MAP(5) 11 ;12; 12 PARCEL(S) 17; 18; 19
COUNTY Erie TOWN /CITY Buffalo VILLAGE
THIS AGREEMENT, made thi day o _, _ -- , between
City of Buffalo
502 City Hall
Buffalo, NY .14202
hereinafter referred to as "Claimant," and the COMMISSIONER OF TRANSPORTATION FOR THE PEOPLE
OF THE STATE OF YORK, hereinafter referred to as "the State," pursuant to gitatute. '
WITNESSETH:
WHEREAS, pursuant to the aforementioned statute, the State is appropriating or has appropriated, for the
purpose of the above - identified project, certain property shown and described on the above-designated map(s),
and
WHEREAS, the Claimant represents that Claimant is or was at the time of said appropriation the owner of
the property affected by said appropriation or of some right, title, or therein, and
WHEREAS, the value of the property appropriated and legal damages caused by said appropriation, as set
forth in paragraph numbered 1 below, cannot be agreed upon, and
WHEREAS, the State is willing to pay an amount equal to the amount determined by the Commissioner of
Transportation to be the value of all claims for the property appropriated and legal damages caused by said
appropriation, as so set forth in paragraph numbered 1 below, on the terms and conditions hereinafter stated,
NOW, THEREFORE, it is understood and agreed by and between the parties as follows:
1. The State will pay to the Claimant the sum of Four Thousand Three Hundred Seventy Five and
00/100 Dollars ($4,375.00), the amount hereby determined by the Commissioner of Transportation to be th
value of all claims for the property appropriated and legal damages caused by such appropriation, including all
damages incurred by virtue and during the pendency of said appropriation proceedings, and including all
damages to the remainder of said-affected property, if any, of which the appropriated area formed a part,
whether caused by said appropriation or.. by the use of sgld appropriated property, excepting the aggregate value,
If any, of claims hereinafter specifically excluded.
2. The Claimant agrees, as a prerequisite to such advance payment, to execute and deliver or cause the
execution and delivery to the Attorney General of all formal papers which the Attorney General deems necessary
to authorize payment and to secure to the State a full release of all claims (other than the claim of Claimant) by
reason of the aforementioned appropriation, including claims by reason of any estate or interest in the streams,
lakes, drainage and irrigation ditches or channels, streets,. roads, highways, or public or private rights -of -way, if
any, adjacent to or abutting on the above - mentioned property required for the purposes of said project
3. Payment is to be made hereunder only upon approval of this Agreement by the Comptroller of the State of
New York or the Director of Office of Right of Way and upon certificate of the Attorney General of the State of
New York as required by law.
4. This Agreement is exclusive of the claims, if any, of persons other than owners of the appropriated property,
their tenants, mortgagees and lienors, having any right or interest in any stream, lake, drainage and irrigation
ditch or channel, street, road, highway, or public or private rights -of -way, or the bed thereof, within the limits of
the appropriated property or contiguous thereto.
S. This Agreement Is also exclusive of claims, if any, (other than the claim of Claimant) for the value of or
damage to easements and appurtenant facilitles for the construction, operation, and maintenance of publldy
owned or public service electric, telephone, telegraph, pipe, water, sewer, and railroad lines. This Agreement is
exclusive of the rights, if any, of others by virtue of all oil and gas leases, mines, minerals, mineral ore, quarries
and petroleum deposits.
6. The Claimant hereby reserves the right to file a claim with the Court of Claims, or, if a claim has been filed,
reserves the right to prosecute said claim, It being understood, however, that such reservation shall not extend or
affect in any way the time limited for the filing of such claim as provided for in the Eminent Domain Procedure
Law.
7. It is agreed that, if the Court of Claims finds the value of the property appropriated and legal damages
caused by said appropriation as set forth in paragraph numbered 1 above is equal to or exceeds the advance
payment made hereunder, the amount of such advance payment shall be deducted from the amount so found by
the Court and the award of said Court shall be In the amount of the.excess, if any, over and above said advance
payment. It Is also agreed that no Interest shall be allowed in such award on the amount of such advance
payment. In the event the amount so found by the Court is less than the amount of said advance payment, upon
the filing in the offtce'of the Clerk of the Court of Claims of a Certified copy of this agreement together with
Certification by the Comptroller of the State of New York of such payment and upon application made to the
Court on at least eight days notice to Claimant, the Court shall direct the Clerk to enter judgement dismissing the
claim and awarding to the State the difference between the awards as found by the Court and the amount of said
advance payment with appropriate Interest. It Is further agreed that:in any trial of a claim that may be filed by
the claimant, neither the determination of the Commissioner of Transportation, as hereirnabove set forth, nor any
data, estimates or appraisals made or prepared in support thereof, sha €l be evidence of the value of the claim or
of the property affected by said claim.
8. Interest will be paid on the cash payment herein provided for according to the conditions in ROW 21 -8,
Interest supplement to Agreement, attached and made a part hereof.
9. It,is understood and agreed. by and between the parties'hereto that, pursuant to statute, If no claim is filed
by Claimant in the Court of aaims'within the statutory time limit set forth in the Eminent Domain Procedure Law,
then, upon the expfradon o f that time, this a greement for advance payment shall automatically become an
Agreement of Adjustment in full and complete settlement of all claims as referred to in Paragraph #1 hereof
without further ratification, approval or consent by Claimant and Claimant shall be deemed to have released
Claimant's claim against the State without further acquittance, receipt or satisfaction therefor Inconsideration of
the payment made hereunder.
10. This Agreement is exclusive of claims, if any, for payment of allowable moving expenses of owners,
occupants or tenants of residential and commercial property and is also exclusive of any claims of Claimant for
pro -rata payment of all real property taxes, water and sewer rents, levies or charges paid or payable to a taxing
entity as provided for by the above designated statute.
11. This Agreement is exclusive. of the rights, if any, of others by virtue of all oil and gas leases, mines, minerals,
mineral ore, quarries and petroleum, deposits. 1
THIS AGREEMENT shall inure to the benefit of and bind the distributees, legal representatives, successors,
and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
Claimant:
CIL of Buffalo
BY:
�l
Payee ID#
STATE OF NEW YORK
COUNTY OF 1( ) Ss::
On the _ day of in the year X beforeme, the undersigned, a
Notary Public in and far said State, personally appeared
personally (mown to me or proved to on 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 capadty(es), and that by his/her /their signature(s) an the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
f.
(Notary Public)
APPROVED:
COMMISSIONER OF TRANSPORTATION
FOR THE PEOPLE OF THE STATE OF NEW YORK
6y:
(for the State Comptroller)
Land Contract
No.
By:
(Director of Office of Right of Way)
0(
ROW 21 -2b (41/11) REVERSE
4(y
Permission to Enter Into Agreement — Peace Bridge Plaza Project Resolution (Nia)(DPW)
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the
Department of Public Works, Parks and Streets, dated July 18, 2014, be received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and
Streets to enter into a Betterment Project Agreement with the New York State Department of
Transportation ( "NYSDOT ") in connection with the NY Gateway Connection Improvements to
the U.S. Peace Bridge Plaza Project and to authorize payment in the amount of $456,991.00 for
the City of Buffalo's local share obligation; and
That the Common Council hereby authorizes the Mayor and/or the Commissioner of the
Department of Public Works, Parks and Streets, to enter into a Betterment Project Agreement
subject only to such City related approvals and clarifications as are required or recommended by
the City's Law Department and Department of Public Works, Parks and Streets' personnel; and
that the Common Council hereby authorizes the Mayor and /or Commissioner of the Department
of Public Works, Parks and Streets to enter into agreements for advanced payment with respect
to pending NYSDOT takings of temporary easements, permanent easements, and fee interest in
City of Buffalo owned properties in and around the Peace Bridge Plaza project area; and
That the Common Council hereby authorizes the Mayor and/or the Commissioner of the
Department of Public Works, Parks and Streets to enter into any and all agreements and take all
steps necessary to accomplish all of the foregoing and related measures.
Approved.
C:SUse clehneAA,yp0atag,o lMcmoRSNindowsSTempomry Internet FilesIContent.OallookU5NILCIH5TCrmission to Enter Into Ageement -Peace Bridge Pl= docx
Permission to Enter Into Agreement — Peace Bridge Plaza Project Resolution (Nia)(DPW)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation for approval;
That the Common Council hereby authorizes the Depart ment of Public Works, Parks and
Streets to enter into a Betterment Project Agreement with the New York State Department of
Transportation ( "NYSDOT ") in connection with the NY Gateway Connection Improvements to
the U.S. Peace Bridge Plaza Project and to authorize payment in the amount of $456,991.00 for
the City of Buffalo's local share obligation; and
That the Common Council hereby authorizes the Mayor and/or the Commissioner of the
Department of Public Works, Parks and Streets, to enter into a Betterment Project Agreement
subject only to such City related approvals and clarifications as are required or recommended by
the City's Law Department and Department of Public Works, Parks and Streets' personnel; and
that the Common Council hereby authorizes the Mayor and/or Commissioner of the Department
of Public Works, Parks and Streets to enter into agreements for advanced payment with respect
to pending NYSDOT takings of temporary casements, permanent easements, and fee interest in
City of Buffalo owned properties in and around the Peace Bridge Plaza project area; and
That the Common Council hereby authorizes the Mayor and /or the Commissioner of the
Department of Public Works, Parks and Streets to enter into any and all agreements and take all
steps necessary to accomplish all of the foregoing and related measures.
�7.T+X
Recommended by the Committee on Legislation
Chairman
C:lUser umdnsldLAppDatalLo atUcrowft�Wiadaws4Tempamry Inane[ F51es5Con tentOudoak%OX32QVW67Perm+ssion to Enter Into Agreement-Pm Bridge Flw.dmc
p
#AY'E* NO
FONTANA
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FRANCZYK
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GGLOMMK
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LOCURTO
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PRIDGEN
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SCANLON
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SMITH
WATT
MAC 5
[213 - G]
[314 - 7]
City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3-19 of the Charter, I present
herewith the attached resolution item.
No. 3
1435 Hertel Avenue — Erect Open Balcony
PASSED July 29, 2414
Gerald A Chwalinski
City Clerk
11 R
a i ,
Akll� 0 V E
#k
.
AUG 0 4 2014
e
- zy
Ca
3
NO. 1392
J. MOLEK, AGENT, USE 1435 HERTEL TO ERECT AN OPEN BALCONY FOR SIT IN RESTAURANT WHICH
PROJECTS ON THE CITY ROW (hrg 6/17)(Del)(14 -1256, 6/10)
Mr. Scanlon moved:
That the above item be the same and hereby is Returned to the Common Council Without
Recommendation.
Mr. Scanlon Now moved That the Above Item be Recommitted to the Committee on Legislation.
ADOPTED
O
NO CC401>
1435 Hertel - Open Balcony Projecting over /on to City Right of Way - Conditions to
Approval
I.
- Owner of 1435 Hertel and restaurant operator (owner /operator) to jointly and severally
enter into a revocable license agreement with the City with regard to the balcony and
operation of the balcony (and ultimate removal of the balcony) to be situate over City
ROW.
II.
- Terms and provisions of the revocable license agreement must be acceptable to the City
Law Department and the City Department of Public Works, Parks and Streets and at a
minimum shall include:
- The owner /operator of 1435 Hertel shall have all obligations of construction,
maintenance, repair, responsible operation (and ultimately pay for the costs of balcony
removal), unlimited indemnification by owner /operator in favor of City (and the Buffalo
Sewer Authority) and responsibility for all liabilities associated with the balcony and
these obligations shall also run with the land known as 1435 Hertel. The revocable
license agreement shall be recorded at the owner /operator's expense in the Erie County
Clerk's Office in such form as shall cause each of the owner /operator obligations to run
with the land known as 1435 Hertel;
- Owner /operator must provide financial security to the City securing to the City the
owner /operator's obligation to remove the balcony at the direction of the City. The City
shall have the unilateral right to direct owner /operator to remove the balcony at any time.
City's directive for balcony removal can be issued with or without cause, it being
expressly understood by owner /operator that the license agreement is revocable by City at
any time with or without cause. In furtherance of the foregoing, City shall have the
unilateral right to remove the balcony at any time and City shall not have any obligation
to salvage the component parts for owner /operator. If City removes the balcony,
owner /operator shall reimburse the City's costs.
- Owner /operator shall engage an engineer or other qualified individual to perform a
utilities analysis associated with the proposed balcony with emphasis on Buffalo Sewer
Authority requirements (Note: BSA requires that the owner /operator agree to remove the
balcony at owner /operator's expense if the balcony obstructs BSA's field activities).
Owner /operator shall also comply with all the requirements of all utilities impacted by
the proposed balcony;
Owner /operator shall provide evidence of general liability insurance and excess liability
insurance (with aggregate coverage limits in the amount of at least $5,000,000) and
automobile liability insurance in the amount of at least $1,000,000. City and BSA shall
be named as additional insureds. Owner /operator shall also provide evidence of liquor
liability in the amount of at least $2,000,000 with the City (and BSA) named as
1
1 5
additional insured. Each such policy shall be issued by an insurance company admitted in
New York State. Coverage limits can be adjusted in the Corporation Counsel's discretion.
Owner /operator's balcony construction contractor (as well as any repair /maintenance etc.
contractor) shall be required to execute an access agreement with the City containing an
unlimited indemnification from the contractor in favor of the City with such contractor
supplying at least the insurance limits coverages set forth above (with the exception of
liquor liability) and subject to the discretion of the Corporation Counsel.
- Owner /operator to pay City an annual license rental fee in an amount to be established by
the City's Division of Real Estate.
Owner /operator is obligated to get all necessary construction permits as required by City
Department of Permit and Inspection Services.
Owner /operator is also required to get all permits and approvals as are required by the
City Department of Public Works, Parks and Streets, including but not limited to
temporary sidewalk closure permits for construction and etc. City Department of Public
Works approval is also required for the overall design and methodology for balcony
installation/construction and as to orientation within/above the City ROW.
No ROW access for construction purposes by owner /operator shall be deemed granted by
City unless and until City DPW gives the final go -ahead in writing.
K
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[213 - 6)
[314 - 7]
City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
1►rIml
2222 Genesee St. Retail Store
PASSED July 29, 2014
Gerald A Chwalinski
City Clerk
rl;, pro 1 R r
f ...e.— ma. , .. --
AUG 04 2014
`f
_*
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5
A. Ibrahim, Agent, Use 2222 Genesee St for a Retail Store in an Existing
Clothing Store in the Genesee Delavan Special District
(hrg 7129)(Lov)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY
PLANNING BOARD
pnwc-)--� 16v4
OFF ICE OF THE CITY CLERK
GERALD A. CHWALINSKI
City Clerk
Registrar of Vital Statistics
MARY H. BALDWIN
Deputy City Clerk
MILLY CASTRO
Deputy City Clerk Vita! Statistics
Deputy Registrar of Vital Statistics
3
65 NIAGARA SQUARE
ROOM 1308 CITY HALL
BUFFALO, NEW YORK 14202
PHONE: (716) 851 -5431
FAX: (716) 851-4845
- CRNOWLEDGE T HAT 1- HAT /E- BEEN- lNFORMEOA�'T�TMT11:'AIVD-PL,4Cl "FOR -THE
PUBLIC HEARING REGARDING:
°SOS C C
To be held in the Council Chamber, 13 th Floor, City Hall On:
At 2:00 pm
1 am also informed that this is the only notice that the petitioner and or ownerwill receive, and that if
I am not the owner or petitioner, I will inform said owner, petitioner or his /her agent of the above.
Signed 6p l po
(Age t,Owner)
Print Name " Phone # �(
Date
ATTENTION
CONTACT THE PLANNING BOARD, 851 -5055 FOR PLANNING 00ARq TIME ON
CONTACT THE COUNCILMEMBER IN YOUR DISTRICT
T� j
A. Ibrahim, Agent, to Use 2222 Genesee Street for a Retail Store in an Existing Clothing Store in
the Genesee - Delavan Special District (Lov)(DPIS)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation that it be approved;
That the Common Council hereby authorizes the Commissioner of Economic
Development, Permit and Inspections. Services to issue a restricted use permit to A. Ibrahim,
Agent, to add a retail store to an existing clothing store in the Genesee - Delavan Special Zoning
District subject to the conditions that there be no beer or alcohol sales, no tobacco sales and no
drug paraphernalia sales.
PASSED
Recommended by the Committee on Legislation
Chairman
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APPROVED WITH THE FOLLOWING CONDITIONS:
1. no sale of cigarettes
2. No sale of blunts
3. No sale of beer
City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
F IR
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 6
Waiver of Fees "Eid at the Park"
PASSED July 29, 2014
Gerald A Chwalinski
City Clerk
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Resolution
By: Councilmember Rivera
July 24, 2014
Re: Waiver of Fees for "Eid at the Park ".
Whereas, H.E.A.L. — International is a non - profit organization located at 233 W. Ferry; and
Whereas, on July 28, 2014, H.E.A.L will be hosting an event "Eid at the Park" to celebrate the end of
Ramadan; and
Whereas, H.E.A.L will be celebrating at Front Park and from Sam to 12pm.
Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events fee
associated with this event; and .
Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works,
Parks & Streets Department and to the Mayor's Special Events Office.
Niagara District Councilmember
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City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 7
PASSED July 29, 2014
Waiver of Fees "Seneca Nation Buffalo Resource Center Summer Camp"
Gerald A Chwalinski
City Clerk
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Resolution
By: Councilmember Rivera
July 28, 2014
Re: Waiver of l=ees for "Seneca Nation Buffalo Resource Center Summer Camp ".
Whereas, Seneca Nation Buffalo Resource Center ( "SNBRC ") is a non - profit organization located at 135
Delaware Ave; and
Whereas, from July 7, 2014— August 8, 2014, The SNBRC will be hosting its summer camp at Front Park;
and
Whereas, the summer camp is a free service for native and non-native children.
Now, Therefore, Be It Resolved, the Common Council approves the waiving of the Special Events fee
associated with this event; and
Be It Finally Resolved, the City Clerk is directed to send a copy of this resolution to the Public Works,
Parks & Streets Department and to the Mayor's Special Events Office.
David A. Rivera
Niagara District. Councilmember
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City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 8
Ord Amend Ch 175 Fees Building Permits
PASSED July 29, 2014
Gerald A Chwalinski
City Clerk
P a. E
AUG 0 4 2014
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By: Mr. Scanlon
Ordinance Amendment
§ 175 -I Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That § 175.1 of Chapter 175 of the Code of the City of Buffalo be amended by
adding a new § 103 -12 to read as .follows:
103 -12 Building Permits
Express Plan Review:
FoLany part of the first two hours of ex ress lan review:
$200.00,12lus
Per hour, for each subsequent hour or part thereof_
$100.00
Off -hour inspections:
For any part of the first two hours of ins ection
$200
Per hour for each subsequent hour or part thereof
$100.00
Excessive submissions of plans (re-review chare
For the second and each subsequent re- review
$600.00
Residential Construction_ Fees - detached I and 2- family dwelling "
Permits are required for all work that is not listed as 'permit not required' in Section 103
2.3 of the City Charter
Application Fee
$25.00
PA9
[Type text]
Plan Review Fee if work re uires fans includes M/E/P plp review fees 20% of
I
Permit Fee $25.00 minimum
Permit Fee
New residential buildings fees detennined by area created
_One-family dwellings
1,000 s . ft. or less of floor area
$500.00
1,001 s . ft. to 3,000 sq.. ft. of floor area
600.00
3,001 s . ft. to 5 s . ft. of floor area
750.00
5,001 sq, ft. of floor area and over $900.00
Two-fanuly dwellings
$ 1,000.00
Townhouses, per unit $500.00
Additions, alterations, and repairs to residential struchues fees determined by
cost of work
Cost per $1,000. of construction_ cost $5. er 1,000.
2
[Type text]
$_50.00 minimum
Flat fees fees determined by each jype of work - fees are added to ether
Chimne work 25.00
Above- ound ool s a over 2 feet de e 50.00
In-ground pool, spa, and over 2 feet dee
$ 150.00
Fence requiring a ermit foverheight, etc. $25.00
New or ex added arkin area and/or driven a
$25.00
Alternative energy systems $75.00
Interior tear -out $25.00
_Sheds and-garages-over 144 square feet and under 600 square feet $75.00
Demolitions (fees determined by unit)
Demolition of a one or two- family dwelling
3
[Type text]
300.00
Demolition of a detached accessory stucture over 144 sci. ft. $75.00
Use Permit Fee
With use change
25.00
Add or remove incidental home occu ation $25.00
Commercial Construction Fees - All buildings pt detached I and 2- family dweiIing_s
Permits are required for all work that is not listed as permit not
required' in Section 103 -2.3 of the Buffalo City Charter
Commercial construction Permit Fees are found using the mean construction cost
from the 'Calculating Mean Commercial Construction Cost' form the `Buildin
Construction Values' table on this form is based on the current 'Building_ Valuation
Data' table from the International Code Council, which adjusts-semi-annually to the
current Consumer Price Index.
Use the mean construction cost for the Permit Fee section only
Application Fee $50.00
Plan Review Fee if work re uires fans 0.50 er 1000. of
construction cost or portion thereof
4
[Type text] if
$50.00 minimum
Permit Fee
New construction additions change of use alterations
construction cost pp to $500,000.
$6.00 per $1,000. of
cost $100.00 minimum
construction cost from $500,001. to 15,000,000.
$4.00 per S 1,000. of
cost, plus $1,000.
construction cost $5,000,001. and over
$3.00 per $1,000. of
cost, plus $6,000.
Flat fees Flat fees are for specific small bTes of work : fees for each type of
work done are added.
Awnings (without siguage)
$75.00
Flat wall sib
$50.00
Projecting wall signs and awning signs
75.00
Freestanding signs under 6 feet in height
$50.00
Sign face replacement, existingns (except L.E.D. faces) $25.00
Tank installation or removal
300.00
Communication antennas and dishes, co- location
100.00
Fence requiring a permit (overhei _t, etc.
50.00
5
[Type text]
Tem orar trailer over 10 days, Lip to 1 ear 200.00
Sheds and arages 600 square feet and under $100.00
Demolitions
Demolition of a commercial structure $0.12 per sq. ft.
$250.00 minimum
An demolition that takes place without a proper permit shall be assessed a
penalty in the amount of $1,500.
Use Permit Fee
With occupancy / use class change 150.00
* Fees for new construction, additions, and alterations or change of use involving over
50% of the buildin
§2. Section 103 -12 of of section 175.1 of the Buffalo City Code, as last amended
September 20, 2005, is hereby REPEALED.
§3. This ordinance shall be effective immediately
Underlined material is NEW. Material in brackets [l is DELETED
APPROVED AS TO FORM
DEFERRED TO THE COMMITTEL
TfMgO MY A. L ON FINANCE.
By: Alan erstman
Asst. Corn r one ounsel
2
Ordinance Amendment — Chapter 175 — Building Permits
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, § 175, 1, as it relates to
enumeration of fees, building permits, be amended as specified in the attached Ordinance
Amendment.
PASSED
Recommended by the Committee on Legislation
Chairperson
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City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 9
Ord Amend Ch 175 Fees Streets & Sidewalks
PASSED July 29, 2014
Gerald A Chwalinski
City Clerk
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By: Mr. Scanlon
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Ordinance Amendment
§ 175 -1 Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be
amended by amending Chapter 413 thereof to read as follows;
Chapter 413, Streets and Sidewalks
§ 413 -4, placement of dumpster on street, roadway or public place [$12.00] $24.00
§ 413 -19, pavement opening and replacement
Pavement opening [$35.00] V0.00
Deposit to cover cost of pavement replacement [$87.00] 1174.00
Cutting street where the pavement has been certified as inexpedient to [$14.00] $28.00
repair, per opening
§ 413 -37, temporary storage of materials or temporary structures in
sidewalk space or roadway
Parking control signs
Meter bags
30 -day permit, per foot
Minimum
[$0.15/sign]
$ 0.30/si gn
[$0.50 /meter
bag] 1.00 /meter
bag
[$0.35] 0.70
[$12.00] $24.00
p/ Iii
Sidewalk or roofing contractor annual permit [$105,00]
210.00
§ 413 -41, operation of vehicles over the weight limitations in § 385 of
State Vehicle and Traffic Law
Inspection
For the first mile or fraction thereof traveled by such vehicle on
[$12.00] $24.00
street
plus
For each additional mile
[$6.001
Annual permit, per annum
[$400.00]
800.00
§ 413 -46, construction or reconstruction of sidewalk permit, per lot
$2.10
frontage
§ 413 -59, sidewalk cafes
For annual license
To be paid per square foot encroaching upon the City right -of -way $1.30
Maximum $750.00
All other temporary encroachments
Per day $50.00
Per year $250.00
§ 413 -61, inspection of work done by other than public utility corporation [$60.00] $120.00
holding franchise from City, per hour for each inspector required, with
minimum of 1 hour per inspection
§ 413 -62, inspection of work done by public utility holding franchise [$82.501
from City per hour for each inspector required, with minimum of 1 hour
per inspection
§ 413 -63, permits
To construct canopy or marquee
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For first 50 square feet of horizontal area [$46.00] $92.00
For each additional 50 square feet or fraction thereof of horizontal [$23.00] $46.00
area
To construct a sidewalk vault for each 50 square feet or fraction
thereof of City -owned land occupied by such vault
To construct a curb opening
12 feet and under in length, for each opening
Over 12 feet in length, for each opening
To construct a new sidewalk
To make an opening between the curb and property line not entering
the roadway for the installation of repairs of sewer and water
connections and for the installation of service pipes to abutting
property from gas mains laid in the sidewalk area, for each such
opening; provided, however, that where a permit to open a pavement
in front of the premises has been obtained in connection with the same
work, no further permit for openings between the curb and the
property line shall be required
To make an opening in the pavement for installation or repair of
sewer, water or gas connections, for each such opening
To install, remove or replace a fuel oil tank, for each 550 gallons or
fraction thereof of tank capacity
To remove or replace an existing gasoline tank, for each such tank
[$37.00] L74.00
[$18.00] $36.00
[$40.00] UQ.00
[$23.00] $A6.00
[$23.00] $46.00
[$23.00] $46.00
[$37.00] $74.00
[$23.00] $46.00
To perform any other work [$23.00] $46.00
§ 413 -67, encroachments (Last amended 7 -20 -2004, effective 8 -2 -2004)
Block party permit
Other street closings
I block
Each successive block
[$12.00] $24.00
[$25.00] $50.00
[$15.00] $30.0 0
k
§2. That §175.1 of Chapter 175 of the Code of the City of Buffalo be
amended by amending Chapter 414 thereof to read as follows:
Chapter 414, Special Events
§ 414 - 101)(5), services
Costs for services rendered to sponsor of special event
Actual cost
incurred by the
City
Parking control signs
[$0.15 /sign]
$0.30 /sign
Meter bags
[$0.50 /meter
bag] 1.00 /meter
bag
§ 414 -101, parade, motorcade and race
$50.00
§3. That §175.1 of Chapter 175 of the Code of the City of Buffalo be
amended by amending §479 -2 thereof to read as follows:
§ 479 -2, storage and towing of vehicles
Load zone permits, per linear foot
Renewal, per linear foot
[$5.00] $10.00
[$5.00] $10.00
§4. That §175.1 of Chapter 175 of the Code of the City of Buffalo be
amended by amending §254 -8 thereof to read as follows:
§ 254 -8, permit for garage sale, if more than 3 sales per calendar year
[$10.50] $21.00
M
§5. This Ordinance Amendment shall take effect immediately upon being duly
ratified pursuant to §3 -19 of the City Charter.
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPO TION COUNSEL REFERRED TO THE cOMMI °TEE
ON FINANCE,
By: Alan . Gerstman
Asst. Corporation Counsel
Underlined material is new. Material in brackets [ ] is repealed.
5
Ordinance Amendment — Chapter 175 — Streets and Sidewalks
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, §175.1, as it relates to
enumeration of fees, streets and sidewalks, be amended by amending Chapter 413, as specified
in the attached Ordinance Amendment.
PASSED
Recommended by the Committee on Legislation
Chairperson
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City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3-19 of the Charter, I present
herewith the attached resolution item.
No. 10
Ord Amend Ch 175 Fees Towing & Storage
PASSED July 24, 2014
Gerald A Chwalinski
City Clerk
A P P R1 0" V E D
AUG 0 4 2014
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By: Mr. Scanlon
Ordinance Amendment
§ 1751 Enumeration of Fees
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That § 175.1 of Chapter 175 of the Code of the City of Buffalo be amended 307 -8
thereof to read as follows:
§ 307 -8,
towing and
storage
For towing all 2 -axle vehicles, motorcycles, boats, small $110.00 [$90.00],
trailers or mobile homes under 25 feet in length to
impound area
For each day of storage or fraction thereof after the first $30.00 [$25.00]
24 hours
For towing tractor truck with or without trailer or $136.00, plus
vehicles over 25 feet to impound area
For each day of storage or fraction thereof $14.00
Minimum charge for retrieving and towing any lost, $136.00
abandoned or stolen vehicle from any body of water, gully,
ditch or underpass, but charges above the minimum shall not
exceed those authorized under Chapter 479, Article 11, of the
4
Code
For mini -tow (tow 500 feet or less), which includes a fine of
$10 for violation of parking or standing prohibition pursuant
to § 307 -11 of Chapter 307
For mini -tow (tow 500 feet or less), which includes a fine of
$15 for violation of parking or standing prohibition pursuant
to § 307 -11 of Chapter 307
For towing motor vehicle parked without authorization in
space reserved for the handicapped, or for towing motor
vehicle parked alongside or obstructing a curb area which has
been cut down, lowered or constructed so as to provide
accessibility to the sidewalk
§ 2. This Ordinance .Amendment shall take effect immediately
upon being duly ratified pursuant to §3 -19 of the City Charter.
$40.00
$( 40.00
$136.00
APPROVED AS TO FO
EFE T THE COMMITTEE ON FINANCE,
f
By: Alan erstman
Asst. Corp tion Counsel
Underlined material is new. Material in brackets [ I is repealed.
K
Ordinance Amendment — Chapter 175 — Towing and Storage
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 175, §175.1, as it relates to
enumeration of fees, towing and storage, be amended by amending Chapter 307 -8 thereof, as
specified in the attached Ordinance Amendment.
P! I1aC
Recommended by the Committee on Legislation
Chairperson
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City Clerk's Department
BUFFALO
July 29, 2014
HON. BYRON W, BROWN.
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 11
Ord Amend Ch 175 Fees Signs
PASSED July 29, 2014
Gerald A Chwalinski
City Clerk
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purpose of the Common Council to maintain the integrity of this historic cultural
Iandscape for the benefit of the people of the City of Buffalo.
2. The Olmsted Parks Conservancy is a not-for-profit corporation that manages the
operations of the Buffalo Olmsted Parks pursuant to the terms of a management
contract with the City of Buffalo and subject to the ordinances of the City. In order to
further its corporate purpose the Buffalo Olmsted Parks Conservancy seeks to
encourage private donations to make gifts designated for the operation, maintenance
and improvement of the City's Olmsted Parks. This work is to the mutual benefit of
the City and the Buffalo Olmsted Parks Conservancy. The Common Council seeks to
encourage the Conservancy's work in promoting private giving for the betterment of
the parks. As a part of this effort, the Buffalo Olmsted Parks Conservancy has
proposed a donor sponsorship program for the Martin Luther King Park that includes
placement of banners around the main water feature of the Martin Luther King Park,
such banners to include an acknowledgment of the gills of private donors for the
support of maintenance and programming of Martin Luther King Park.
3. The Olmsted Parks Conservancy shall be permitted to place banners
acknowledging such gifts around the Martin Luther King Park wading pool and along
the outer perimeter of Riverside Park on Vulcan Street, Tonawanda Street, Crowley
Avenue and Niagara Street, as well as along Hotaling Drive within Riverside Park,
subject to the following conditions: a. that the placement of banners shall not block
or detract from public view and enjoyment of the Olmsted designed vistas and
perspectives of the parks; b.that the design and placement shall be subject to review
and approval of the Buffalo Preservation Board; c. that the Commissioner of Public
6
Works, Parrs and Streets shall establish rules, subject to the review and approval of
the Corrunon Council, for the location, construction, installation and maintenance of
such signs; d. that such signs shall not contain any trademark, service mark or other
advertising symbol; e. that such signs shall be not be permitted to become worn,
tattered or unsightly; f. that proceeds from such sponsorship banners shall be. applied
exclusively to the operation and maintenance of the park features for which sponsors
donate funds; and e. that such sponsorship banners shall be removed after three years
of the their initial installation.]
§2. This Ordinance Amendment shall take effect immediately upon being duly
ratified pursuant to §3 -19 of the City Charter.
APPROVED AS TO FORM
TIMO HY A. BALL
C UNSEL
�G�dr
By: Al . Gerstman
Asst. Corporation Counsel
Underlined material is new. Material in brackets [ ] is repealed.
REFERRED TO THE COMMITTEE
ON LEGI
3
Ordinance Amendment — Chapter 3 87 — Signs
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a
recommendation that it be approved;
That the part of the Code of the City of Buffalo, Chapter 387 -6, Chapter 316, as it relates
to OImsted park banner provisions be amended 'as specified in the attached Ordinance
Amendment,
PASSED
Recommended by the Committee on Legislation
Chairperson
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