HomeMy WebLinkAboutL.K. McLean MARTIN D.FINNEGAN SCOTT A.RUSSELL
TOWN ATTORNEY Supervisor
martin.finnegan@town.southold.ny.us �o�*Zf SO(/ryOlO
JENNIFER ANDALORO Town Hall Annex,54375 Route 25
ASSISTANT TOWN ATTORNEYJS P.O.Box 1179
jennifer.andaloro@town.southold.ny.us N Southold,New York 11971-0959
LORI M.HULSE Telephone(631) 765-1939
ASSISTANT TOWN ATTORNEY Ol��'O(1 Facsimile(631)765-6639
lori.hulse@town.southold.ny.us ' r
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To: Jamie Richter
From: Lynne Krauza
Date: May 29, 2013
Subject: Professional Services Agreement w/L.K. McLean Associates
Emergency Watershed Protection Program Dike Repair Project
Please be advised that Martin has reviewed and approved the attached
Agreement in connection with the referenced matter. In this regard, I am enclosing an
original, fully executed counterpart of the Agreement for you to provide to Chris Dwyer of
L.K. McLean Associates, including all attachments. The duplicate original, fully executed
Agreement will be retained by the Town Clerk.
Also enclosed is a copy of the fully executed Agreement for your records. We
will retain a copy in our file as well.
Thank you for your attention.
/Ik
Enclosures
cc: Elizabeth A. Neville, Town Clerk (w/encl. - original)
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this geday of May, 2013, by and between Town of
Southold(hereinafter referred to as "Town"), a municipal corporation organized and existing
under and by virtue of the laws of the State of New York, ,with an address at 53095 Main Road,
P.O. Box 1179, Southold,New York 11971-0959,party of the first part, and L.K. McLean
Associates,P.C., (hereinafter referred to as"Consultant")with an address at 437 South Country
Road,Brookhaven,New York 11719,party of the second part.
WITNESSETH: That the Town and Consultant, for the consideration named,hereby agree as
follows: _
1. PURPOSE.
The Town hereby retains Consultant, on the terms and conditions set forth hereinafter, for the
purpose of providing professional engineering services in connection with the implementation of
the Emergency Watershed Protection Program, Dike Repair Project DSR-S-TSH-01, as more
fully described in the Cooperative Agreement between the Town and the U.S. Department of
Agriculture Natural Resources Conservation Service (NRCS) attached hereto as Exhibit"A".
2. SPECIFIC SERVICES.
The specific scope of services to be provided by Consultant are set forth in Section I of
Consultant's Proposal dated May 21,2013 attached hereto as Exhibit`B"which is incorporated
herein by reference. In addition to the services detailed in the aforesaid Proposal, Consultant
will also be responsible for the Town's compliance with the"Sponsor"obligations set forth in
ITI(b), 3,4, 5 and 6 of the Cooperative Agreement with NRCS (see Exhibit"A")which are
incorporated herein by this reference.
3. TIME AND ATTENDANCE: COOPERATION BY THE TOWN.
Consultant shall perform the services described herein and attached hereto in as expeditious a
manner as is reasonably possible and in accordance with the Programmatic Requirements in the
Cooperative Agreement.
The Town agrees to cooperate with Consultant, as needed, and to provide Consultant with copies
of any records,documents and other information needed for performance of this agreement on a
timely basis. The Town further agrees to provide Consultant with access to appropriate officials
and/or employees of the Town, as may be needed in the performance of the Agreement.
Moreover, both parties understand and agree that mutual accountability and responsiveness is
critical to the successful completion of the Project, and therefore both shall always use their best
faith efforts to be accountable and promptly responsive to each other.
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4. COMPENSATION.
In payment for the services to be performed hereunder by Consultant, the Town shall make
payments to Consultant as follows:
For the services to be performed by Consultant pursuant to paragraph 2 hereof,
the Town shall pay Consultant the sum of$58,900.00 dollars. Payments shall be incrementally
at the completion of each task as outlined in Section III of Consultant's Proposal (see Exhibit
`B"). Consultant shall send the office _of the Town Engineer a signed voucher for such
compensation. Such voucher shall be due and payable within 45 days after receipt of such
voucher, but such sum shall not be due and payable by the Town until the Town Board of the
Town has received such voucher and has audited and approved for payment the signed voucher
to be submitted by Consultant in connection therewith.
The Town Board shall process any vouchers received from Consultant as expeditiously as
possible.
In the event that the Town disputes or objects to any portion of any voucher submitted by
Consultant pursuant to this paragraph,the Town shall, within 30 days of the receipt of such
voucher,notify Consultant in writing of such dispute or objection. Consultant
acknowledges that Consultant is familiar with the requirements of Section 118 of the Town Law
which,in effect,prohibits payment of any of Consultant's claims against the Town unless an
itemized voucher therefore shall have been presented to the Town Board or Town Comptroller
and shall have been audited and allowed by the Town Board or Town Comptroller.
5. ADDITIONAL WORK.
Additional work shall not be performed and no claim for extra work shall be allowed
unless it was performed pursuant to a written change order duly approved by the Town Board.
The Consultant's failure to comply with any part of this provision shall be deemed to be:
a. A conclusive and binding determination on the part of the Consultant that said change order,
work, action or omission does not involve extra work and is not contrary to the terms and
provisions of the Contract;
b. A waiver by the Consultant of all claims for additional compensation,time or damages as a
result of said change order, act or omission; and
c. The value of claims for extra work, if allowed, shall be determined methods described in the
Contract including,but not limited to, Section 4 immediately above.
6. TERMINATION.
In the event that Consultant refuses or fails to provide the services required hereunder with
due diligence, or fails to make prompt payment to persons supplying labor for Consultant's
services hereunder, or refuses or fails to comply with applicable statutes, laws or ordinances, or
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is guilty of a substantial violation of any provision of this Agreement,the Town shall send
Consultant written notice that Consultant has 20 days to cure said default; and if, at the end of
said 20-day period Consultant has not cured said default,the Town may then terminate this
agreement on 7 days' prior written notice to Consultant.
Any disputes between the parties to this Agreement may be referred to arbitration by mutual
agreement of the parties. Absent such an agreement, any actions or claims by either party hereto
shall be commenced in Supreme Court, Suffolk County,New York.
In the event the parties agree to arbitrate a dispute, such arbitration shall be conducted in
accordance with the rules of the American Arbitration Association. In no event shall any
demand for arbitration be made after the date when institution of legal or equitable proceedings
based on such claim or dispute would be barred by the applicable statute of limitations. An
award rendered by arbitrators following any such arbitration shall be final and judgment may be
entered upon it in accordance with applicable law in any Court having jurisdiction thereof.
7. SKILLS OF CONSULTANT: CONFLICTS OF INTEREST.
Consultant represents that Consultant has the requisite skills and experience to perform the
services hereunder.
8. INDEPENDENT CONSULTANT: STATUS OF CONSULTANT.
Consultant and the Town agree that in the performance of Consultant's services hereunder,
Consultant is an independent consultant and shall not be deemed to be an employee or agent of
the Town for any purpose whatsoever.
9. PROHIBITION AGAINST ASSIGNMENT.
Consultant is hereby prohibited from assigning,transferring, conveying, subletting or otherwise
disposing of this Agreement or its right,title or interest in this Agreement.
10. COMPLIANCE WITH STATUTES.
Consultant agrees that Consultant will comply with all statutes, ordinances, local laws, Codes,
rules and regulations which are or may be applicable to Consultant's services, activities and
duties set forth in this Agreement.
11. NOTICES.
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
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To Town: James Richter,Engineering Inspector
Town of Southold
PO Box 1179
Southold,NY 11971-0959
To Contractor: Christopher F. Dwyer
L.K. McLean Associates,P.C.
437 South Country Road
Brookhaven,NY 11719
12. WAIVER.
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach.No such waiver shall in any way affect any other
term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any
other breach unless the waiver shall include the same.
13. APPLICABLE LAW.
This Agreement is governed by the laws of the State of New York.
14. COMPLETE AGREEMENT:MODIFICATION.
This Agreement constitutes the complete understanding of the parties.No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
IN WITNESS WHEREOF the parties have duly executed this Agreement the day and year first
above written.
Town of Southo
By:
ZaZAV
S tt A. Russell, Supervisor
L.K. McLean Associates, P.C.
By: f
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Christopher F(/Dwyer,Asso late
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STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On thi�day of t12001 V, in the year 2013,before me personally appeared Scott A.
Russell,known to me or proved tome on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity and that by his signature on the instrument,the individual, or the person
upon behalf of which the individual acted, executed the instrument.
'�Y�j 11 -'M '-444,goA
Notary Public
STATE OF NEW YORK) LAUREN U.STANDISH
NoWY P4ft state or New Yo*
ss.: No.OISTG164008
COUNTY OF SUFFOLK) OU°tMW in Suffolk
A"9, ' s
O this 2 ay of al in the year 2013, before me personally appeared
known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her capacity and that by his/her signature on the instrument,
the individual, or the person upon behalf of which the individual acted, executed the instrument.
Q'Ie7j )�kjv
Notary Pub is
CAROL HYDELL
NOTARY PUBLIC-STATE OF NEW YORK
NO.01 HY6189695
QUALIFIED IN SUFFOLK COUNTY (�
COMMISSION EXPIRES 06130120-1 r
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LIK&A L. K. McLean Associates, PC.
437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS
(631)286-6668 • FAX(631)286-6314
EUGENE F.DALY,P.E..P.T.O.E°M,PRESIDENT and C.E.O. CHRISTOPHER F.DWYER
RAYMOND G.DISIASE,P.E.,P T.0,12-7m.PTP'",EXECUTIVE VICE PRESIDENT ROBERT A STEELE,P.E.
DANIEL P JEDLICKA.RLS,VICE PRESIDENT JAMES L DeKDNING,P.E.
STEVEN W.EISENBERG,P.E.
ANDREW B.SPEISER
May 21, 2013
Town of Southold
Engineering Department
53095 Route 25
P.O.Box 1179
Southold,N.Y. 11971
ATT: James Richter R.A.,Town Engineer
Re: `Survey&Mapping Services— Various Farms Damaged by Super Storm Sandy"
Engineering A Surveying Cost Proposal—Revised as per USDA NRCS Guidelines
Dear Mr.Richter:
In accordance with your original request and pursuant to additional documentation provided by
the USDA on April 23, 2013, L.K. McLean Associates, P.C. (LKMA) is pleased to submit the
following revised proposal for professional engineering and survey services in conjunction with
the above mentioned project.
We have examined the four(4) locations listed in your email from photo-imagery resources that
our office was able to access. It is our understanding that the Town is in the final stages of
sponsoring a project to provide initial funding to rehabilitate protective berms at four (4)
locations. The berms are 7 to 14 feet in height, 10 feet wide at the top and contain side slopes
that vary between 3:1 and 5:1. The lengths associated with these berms range between 480 feet
and 1,200 feet.
We understand our scope of services to include the following:
1. SCOPE OF SERVICES
❖ Establish vertical and horizontal control at each of the four (4) sites. Two (2) reference
points will physically be set by our field survey crew and identified on the final plans.
The vertical datum used will be NAV88 while the horizontal datum shall be NAD83.
❖ Perform a topographic survey of the four(4) farm sites where the protective berms were
damaged by the storm. The topography would be inclusive of the initial berm area and
50' feet to the north and south of where the berm's location was prior to the storm. The
field survey crew will obtain the existing edge of waterway for the purpose of showing
the berm rehabilitation area's location and proximity to existing bodies of water.
❖ Process the field information in order to map each area and provide one foot contours on
an Existing Conditions Plan which will define the extent of the storm damage.
❖ Once a digital terrain model (DTM) is prepared, LKMA shall re-create the protective
berms in a new proposed surface based upon the existing configurations of each berm.
•Founded in 1950 •
LK&A L. K. McLean Associates, P.C.
❖ Perform computer generated volume calculations comparing the existing site conditions
and the proposed berm surface.
:• Prepare construction drawings in accordance with the NRCA's Conservation Practice
Standards for constructing dikes. The drawings will consist of an Existing Conditions
Plan (for each site), Proposed Berra Rehabilitation Plan (for each site), Constructions
Details and Sections.
❖ Prepare bid documents (plans and technical specifications) for the Town to procure a
contract using a public bid process.
❖ Provide contract procurement services to execute an agreement between the Town and a
Contractor in accordance with USDA-NRCS's guidelines.
•S Provide Construction Administrative and Inspection Services needed to certify the
completion of work in in accordance with the requirements set forth in the USDA's
Cooperative Agreement Document at the four(4) sites concurrently. We assume a total
construction period of 6 weeks and have estimated 20 hours,per week of construction
inspection and 10 hours per week of office engineering/administration to fulfill the
reporting,meeting,payment processing and inspection criteria.
❖ Prepare Operation & Maintenance Plan inclusive of obtaining a long-term maintenance
permit from all applicable regulatory agencies.
d• Prepare As-Built Drawings for the purpose of certifying final quantities constructed.
Assuming these conditions are acceptable,we would recommend the following breakdown of
estimated fees and technical assumptions.
II. TECHNICAL ASSUMPTIONS
✓ It is assumed that aerial photo-imagery can be used for the creation of the base mapping.
✓ It is assumed that a GPS controlled survey will be acceptable.
✓ It is assumed that survey and mapping of wetland boundaries will not be required.
✓ No permits will be required by the NYSDEC for this rehabilitation project. The berms
(equivalent to dunes) will be rehabbed under the NYSDEC General Permit GP-0-12-006
issued on October 31,2012.
✓ The O&M Plan will include permitting.
✓ LKMA assumes the Federal Financial Report(FFR) shall be prepared by the Town or their
Duly Authorized Representative.
III. FEE AND PAYMENT
Our fee estimate for the above services is as follows:
TASK#1 - SURVEY&MAPPING(4 SITES): $ 9,975.00
SITE 1: LATHAM FARM(ORIENT) $ 2,350.00
SITE 2: SALT AIR FARMS(CUTCHOGUE) $ 2,450.00
SITE 3: WICKHAM FARM(CUTCHOGUE) $ 2,650.00
SITE 4. FRED TERRY FARM(ORIENT) $ 2,525.00
TASK#2—PREPARE CONSTRUCTION DRAWINGS &BID PACKAGE: $ 8,500.00
Various Farm Sites-Berm Rehab-LKMA Proposal Page 2 of 3
i
LKAAL. K. McLean Associates, P.C.
TASK#3—CONDUCT CONTRACT PROCUREMENT ACTIVITIES: $ 2,150.00
TASK#4 -GRANT COMPLIANCE&PRE-CONSTRUCTION DUTIES: $ 1,760.00
TASK#5 - CONSTRUCTION ADMIN. & MONITORING SERVICES: $ 17,900.00
TASK#6—PREPARE OPERATION&MAINTENANCE PLAN: $ 5,890.00
TASK#7—PREPARE AS-BUILT(RECORD)DRAWINGS OF SITES (4): $ 9,975.00
SITE 1: LATHAM FARM(ORIENT) $ 2,350.00
SITE 2: SALT AIR FARMS(CUTCHOG UE) $ 2,450.00
SITE 3: WICKHAM FARM(CUTCHOGUE) $ 2,650.00
SITE 4: FRED TERRY FARM(ORIM-) $ 2,525.00
TASK#8—POST CONSTRUCTION REPORTING&RECORDS: $ 2,750.00
TOTAL SURVEYING& OGINEERING SERVICES:
It is proposed that any additional authorized work be negotiated with the Town if and when
necessary. No additional work will be performed without prior authorization.
L.K. McLean Associates looks forward to working with you on this project. Thank you for the
opportunity to provide this proposal for professional services, should you have any questions or
comments regarding this proposal,please do not hesitate in contacting this office.
Very truly yours,
CFD:cfd Christopher F. Dwyer, Associate
CC: LKMA Project Manager Copy
Anne White, LKMA Comptroller
Various Farm Sites-Berm Rehab-LKMA Proposal Page 3 of 3