Specification_Section_00_90_02_COMBINED_27-Jun-19.pdf

SECTION 00 90 02

NYS PARKS PERMIT

05/19

PART 1 GENERAL

PART 2 PRODUCTS

Not Used.

PART 3 EXECUTION

3.1 DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following attachment has been provided for reference to the bidder for use in performing the contract requirements.

3.1.1 NYS PARKS PERMIT

The approved NYS Parks Permit (3 pages) that allows conditional use of the established access road and unpaved service trail within Schodack Island State Park by the US Army Corps of Engineers and its contractor, providing access to the Houghtaling Island dredged material placement site, is attached.

The contractor must comply with all conditions of the NYS Parks Permit.

-- End of Section --

NEW YORK

STATE OF

OPPORTUNITY

Parks, Recreation and Historic Preservation

Governor

Rose Harvey Saratoga/Capital District Commissioner 19 Roosevelt Drive, Saratoga Springs, NY 12866

(518) 584-2000 Fax (518) 584-5694 Alane Ball Chinian www.nysparks.com Regional Director

REVOCABLE PERMIT

THIS PERMIT, made this 1/2-^* day of t\A M^-oH- ,, 2018, between THE PEOPLE OF THE STATE OF NEW YORK, acting by and through the Regional Director in the Saratoga/Capital District Park Region of the New York State Office of Parks, Recreation and Historic Preservation, (hereinafter referred to as "PARKS") with offices at 625 Broadway, Albany, New York 12238, and the Department of the Army, N.Y. District, Corps of Engineers, Albany Field Office whose address is 1 Bond Street, Troy, New York 12180 (hereinafter referred to as the "PERMITTEE").

WITNESSETH:

In consideration of the mutual covenants, terms and conditions hereinafter set forth, the parties hereto agree as follows:

1. PARKS grants PERMITTEE a Revocable Permit to use the established access road and unpaved service trail (the "ROAD AND TRAIL") within Schodack Island State Park.

2. The use of the ROAD AND TRAIL is granted for the limited transportation of construction equipment (bulldozer, front end loader, and other equipment) to property under the jurisdiction of the PERMITTEE to be used as part of the Hudson River maintenance dredging project (hereinafter referred to as the "PROJECT").

3. This PERMIT shall run for a term beginning on July 16, 2018, and ending on July 15, 2019, or when terminated by either or both parties.

4. The fee to be paid by the PERMITTEE to PARKS in consideration for the permission granted herein shall be the sum of ONE DOLLAR ($1.00), together with other good and valuable consideration, which shall be waived in accordance with New York Parks, Recreation, and Historic Preservation Law §13.06, because PERMITTEE is a branch of the Federal Government, and because the PROJECT is being undertaken for a public purpose and serves the public interest.

5. No utility services or use of other park facilities are to be furnished as a part of this

PERMIT.

6. This permit may be revoked by PARKS immediately upon notice to the PERMITTEE or the PERMITTEE'S agent or contractor. PARKS will issue formal written revocation within five (5) business days.

7. SPECIAL CONDITIONS. The PERMITTEE hereby agrees to the following special conditions:

A. The PERMITTEE shall comply with any seasonal restrictions established for use of the ROAD AND TRAIL as established by the New York State Department of Environmental Conservation Endangered Species Unit. This restriction is specifically applicable for those portions of the unpaved service road that are located in the area between Houghtaling Island and Lower Schodack Island.

B. The PERMITTEE shall provide the name(s) of any contractors used to perform construction work covered under this permit. The PERMITTEE will provide PARKS with its work schedule seven (7) days prior to the commencement of using the ROAD AND TRAIL. The PERMITTEE and their contractor(s) shall coordinate all planned passages on the ROAD AND TRAIL with PARKS at least one week in advance of any use. PARKS shall have the right to limit the number of passes on the ROAD AND TRAIL and the ROAD AND TRAIL shall not be used for daily access by the PERMITTEE or their employees, agents or contractors. PERMITTEE shall coordinate work with the Facility Manager, John Lowe (518) 732-0187

C. The unimproved portion of the ROAD AND TRAIL shall be utilized by the PERMITTEE and their contractor(s) in its existing condition. The unimproved portion of the ROAD AND TRAIL shall not be widened by the PERMITTEE or their employees, agents, or contractor(s).

Realignment of the unimproved portion of the ROAD AND TRAIL shall not be permitted. Back blading of the road shall be permitted in specific locations to true and level rutted sections of the road.

Any back blading work shall be done under the direct supervision of a Park's designated representative.

The clearing of fallen or overhanging trees, which are obstructing passage on the road, will be permitted.

D. The passage of earth moving equipment (including a bulldozer, front end loader, and other equipment) over the ROAD AND TRAIL shall be limited to access to the property under the jurisdiction of the PERMITTEE for mobilization and egress from the property for demobilization.

E. The PERMITTEE shall request separate access rights for any unique activity that is not defined above for the use of the ROAD AND TRAIL.

F. The PERMITTEE will require its contractor to furnish a certificate of insurance naming the People of the State of New York, the Office of Parks, Recreation and Historic Preservation, the Saratoga-Capital District Region, and their officers, agents and employees in the amount of $1,000,000 each occurrence and $2,000,000 overall.

G. Approval of this permit by the Office of Parks, Recreation and Historic Preservation does not signify approval of any dredging project by the State Historic Preservation Office or any other State or Federal Agency.

H. The PERMITTEE agrees to repair, at their own expense, any damage to the improved facilities within the park including, but not limited to, the roadway, bridge and parking areas.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed the day and year first above written.

NEW YORK

STATE OF

OPPORTUNITY

Si- Parks, Recreation and Historic Preservation

Saratoga/Capital District 19 Roosevelt Drive, Saratoga Springs, NY 12866

(518) 584-2000 Fax (518) 584-5694 www.nysparks.com

Andrew M. Cuomo Governor

Rose Harvey Commissioner

Alane Ball Chinian Regional Director

The People of the State of New York acting by and through the Regional Director of the Saratoga/Capital District State Park Region, in the New York State Office of Parks, Recreation and Historic Preservation

Date New York State Office of Parks, Recreation and Historic Preservation Regional Director

ACCEPTANCE OF AGREEMENT

The undersigned, l^ii^i*^TC2*»-u ̂ 9 of the ARMY CORPS OF ENGINEERS does hereby accept the agreement and covenant and agree to abide and be bound by all the covenants, terms and conditions therein.

Date Army Corps of Engineers